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How to Cope with Divorce Interview
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How to Cope With Divorce – TDM Expert Interviews

Danielle Barbereau
Danielle Barbereau
Divorce Coach
Danielle Barbereau – Professional Divorce Coach

Introducing our latest transcript blog featuring an enlightening interview with Danielle Barbereau, a distinguished Divorce Coach. In this insightful conversation, Danielle shares invaluable wisdom on navigating the emotional journey of divorce and finding the resilience to cope with divorce.

Join us as we delve into practical strategies for coping with divorce and embracing personal growth amidst life’s challenges. Get ready to be inspired and empowered as we explore the transformative power of resilience and self-care in the face of adversity.

Read on for the full transcript of our video, “How to Cope with Divorce.”

[Music]

Hello everybody, um, today I’m so pleased to have Danielle with me on The Divorce Magazine, which is part of our events that we’re holding at the moment which is all about navigating divorce.

And today um, Danielle who’s been a contributor to The Divorce Magazine before, is here to talk to us, about the process of divorce but from a different angle not the financial side and not from the legal side. I’ll tell you what she’s going to speak about today.

So before that I’ll tell you a little bit about Danielle. She’s a highly qualified, I’m going to read it here on the screen, she’s a highly qualified Relationship Coach, and the UK’s first specialist in Divorce Coaching. She’s a published, published author of “After the Split”, a book that I highly recommend, and Edition One and Edition Two. And she’s currently writing her first novel, well done Danielle, thank you, diminished woman and another one that she’s co-authoring um, at the moment with Alex Swallow which is going to be of immense help, to other coaches who are building up their practice.

So they’re in the process of writing that, you’re working on your title, you’re almost finished, and I think a lot of people will need and they do need help just building up their own private practices, so I think that will be really, really welcome, to a lot of people. Probably not only divorce coaches by the way, even psychologists when they’re set, setting up their own private practices. What do we need to know ,yeah, yeah.

Because the problem is if you are not successful in this, you may be tempted to give up. And that be a crying shame. Completely. And um, Danielle has worked in the field of divorce since 2010, and has worked with over 1,400 clients. She’s um she’s, she’s a fully qualified coach with a Masters in Sociology and a Masters in Coaching.

On The Divorce Magazine if you want to read any of the articles that Danielle has written for us, you can go on there. We have “Impact of Breakup and How to Survive It”, and there’s “Why do People Have Affairs?” and the other one that we have is “Coping With Divorce When Your Spouse Leaves you.” So really, really you know, it’s those timeless articles because divorce keeps happening and those topics are still relevant today.

I’m Soila, I’m a, Counselling Psychologist and the Founder of The Divorce Magazine. Um, so today Danielle I came across your blog, um, which was entitled um, “Steadying Yourself When you Wobble During Divorce and, and Separation” and I thought, perfect for navigating divorce um, events at the moment that we’re holding on The Divorce Magazine.

How do we steady ourselves when we start wobbling during the divorce process?

And so yeah, please, tell us how do we steady ourselves when we start wobbling during the divorce process? Thank you very much Soila, I think the first thing to say is that it is completely normal to wobble. In fact, it would be abnormal not to. Of course it is, because we are going through something so enormous – a loss of identity, a loss of everything we knew before.

Probably we’ve been betrayed as well in the process for example, if somebody has left you without telling much truth actually for another person. So it’s extremely uh, difficult and completely normal to, make a little bit of progress and then a, dip again, completely, completely normal.

I was looking at a client I’ve had since the new year, and I was uh, wondering why have they stayed for a long time in their marriage actually because, you can also wobble, about deciding or not to leave the relationship and sometimes, when you are in a marriage uh, the other partner may be quite adept, as at doing quite enough, just to keep you there. And then obviously falls back into bad habits.

So I looked at clients and I thought well, what do they have in common and I’ve made a couple of notes which is why I’m looking down here.

The first one is that, they are all over the place. That’s a, a very technical place for tell but actually that’s what it is, they don’t know what to think. They are low, confused, unhappy, uncertain, and in these sit, situations it’s very difficult, to take a you know, to keep going in something when we are not too sure.

They may also believe what, their partners has said. For example that it’s their fault, if a relation, “look what you made me do” is a sentence we all know. So they scared of ending the marriage especially, if they’ve tried very, very hard to keep it going and invested so much of themselves in that.

And of course everybody hope that things would get better, and even when a decision is made, they still deep down hope that our partner is going to realise what an error they are committing and they are going to come back. And also, a lot of people have a great deal to lose, by ending a relationship. By um, financially of course, but also socially uh, and you know some people operate in circles where frankly they’re going to be dropped very quickly, at the end of a relationship.

So it’s normal, normal first of all to take a long time to make the decision, and secondly, even when the decision is made, to wobble, for all these reasons. Yeah, I really like that. That, that part where you’re saying “it’s normal to wobble”, “it’s normal to wobble” and just before we started um, recording, there’s a quote that you read and um, do you remember.

I like that quote, that I found somebody online called, Dr Julia Samuel and in fact I will refer to her once more before the end but she said, “grief” and we’re looking at grief here loss, “is an emotional response to an event.” So something unthinkable, unexpected happens, and we have an emotional response. Well that’s normal isn’t it. But somehow, we’re very harsh on ourselves, thinking why can’t I resolve this. Well there’s plenty of reason why we can’t resolve this. So I like that very much.

Can you talk a little bit more about the grief we experience when going through a divorce?

Yeah, can I just tap on that part where you’re talking about grief, because one thing that I find that when, when I work with, because my work is very much with children, parents, who are going through divorce to do with their children. Not so much with them as the adults, but to help them, uh, navigate their children’s feelings, emotions, and so forth.

And one of the things that I have found when I, when I do my assessment with the parents, is, understanding how easy it, it is to not really understand that going through a divorce is not just grieving for, the loss of the marriage, but there’s so much more that you’re grieving for. Can we talk a little bit about the grief?

Absolutely. Um, we grieve not only, about as you said the end of a relationship, but first, first of all, there are a lot of people affected, and you mentioned children, also elderly parents, also friends and family so all this, is extremely difficult and some times for example, being humiliated out of a relationship, if this been an affair or if everybody knew before, you did, it’s really, really difficult to handle.

I remember a client saying to me years ago, “I’ve lost my past and I have lost my future.” And that sentence stayed with me because obviously she thought she had been married for over 30 years, they had children, so she felt that, that all, all that was tainted. But also she was looking forward to a happy retirement with her husband, who incidentally had asked her to go and buy a house, never visited it, and then said “by the way this is your house now, and I’m going there.” So she said I’ve lost my future. That is terrible.

How do you help a client who feels like they have lost their past and their future cope with divorce?

Yeah, and I’m just thinking just that what you said about “I have lost my past and I’ve lost my future.” Can I just ask how you then helped this client because, I’m sure there are people who are going to be listening to this who are just like, absolutely, especially when they’re in the beginning, of the divorce process or they’re really into it. What would you say to them, if they think “I’ve lost my past and I’ve lost my future.” What would you say?

First of all it’s important that they feel hurt, it is true. Because I mean they’re going to feel that, their partner is bulldozing them into making decisions, there is a legal process taking place, they’re completely losing control, so I think the first thing I want them to know, is that their fear, is valid. They need to be heard, it is true, they have lost the future as they had dreamt it.

But of course, once they work through all this, they will discover another future, often a better one by the way, but it is at that point, they don’t see it, at all, and yes it’s true that they, for example this woman at from the lovely cottage in the country, thinking it would be happily ever after, except she found herself on her own in the beautiful cottage.

So yes, the future has been to stolen from her, but then I work at first of all, helping them through the worst of it because they are at a terrible time, in fact I remember that client, cried so much that I was running out of tissues! I had a box, and she was using them all, um, and then, it’s important but equally they can’t stay there. You can’t forever think, “oh my God somebody has stolen my future.” That cannot be.

So, very quickly you have to think of, extracting yourself from this. So first of all it’s the survival, and then starting to think, and later on when you work through, and often the relationship was not that good actually when you think about it, there were things which were not brilliant, you work through and start thinking of another future. Yeah, yeah.

And you said something there about, first of all she can’t stay there. No. But we know, you know and I know, yeah, that there are men, and women, and spouses, and ex spouses, who will stay there and not just for the year, they can stay there for, several years. And that is so, depressing to see. Because it is normal.

I mean you know people have been punched in the stomach metaphorically speaking, it’s a huge thing, it’s a huge shock. It’s like, a kind of a grenade in your life, and it’s normal to take time, at first you’re winded for a while, and then you have to work through something extremely complicated which makes no sense. But I would say that after a few months, you have to start thinking now hang on a minute, during that time if I’m not working through this, my life is on hold, my partner’s life is not on hold, if there is another party involved. They’re not on hold, so who is losing there?

I think it’s very important to see that, and I also think that, it is incredibly bad for clients to ruminate. You cannot stay thinking about what you’ve lost. You, at first yes, you have to understand what you’ve lost, but very quickly, you have to think, and agree even intellectually that your future, is going to be different and you have to work through the pain, and unfortunately there’s no easy way of doing that it’s painful, but at the end of it you find a way to grow.

Yeah, I had as you say so many clients, but I believe that they, at the end of it, I would say 99.9% of them have found a way to grow and that’s the success. Yeah. And what you just said there I think um, apart from what you had said about um, it’s normal to feel the pain, but where you said unfortunately it’s painful. It is painful, yeah, undoubtedly. Yeah undoubtedly, painful I mean I had written in the first book if had a magic wand I wish, I see people I mean struggling in such levels of agony, and I have to help them uh. And I think it’s very much about, yes, you are right, you are in that terrible place.

I think that people need to be, compassionate towards themselves and sometimes people say “I can’t believe”, “I can’t emerge from that.” Well I can believe. So you can’t be too, too hard you have to be compassionate.

I remember again Dr Julia Samuel who I heard few months back, she spoke about rituals in the recovery process. And I like that very much. She also called them beautifully, “habits of the soul.” Oh. And I feel it’s lovely too because you have to hold on to something. And she wanted them to start rituals which make, make them feel safe, grounded, and maybe if every morning they start with a walk, instead of staying in bed, unwashed saying “poor me, poor me.” I think it’s quite nice to start with this.

So I absolutely agree with that and rituals are important, we know that in history and they are grounding, and anything which can ground you at the beginning when you feel, you’ve lost control you are in kind of moving suns, is really important those little, stones you can jump to in the middle of the mud, to hold on to, yes because I can do this, and this and if you have a I don’t know, even an invitation to do something, think about it, it’s the next little stone to jump onto. And I really like that very much.

I like that too and there’s something quite empowering about creating your own rituals. Um, you don’t have to stick to that person’s ritual, or that person’s ritual, it’s creating your own ritual. I remember a client saying to me you know the, at the table you know what it’s like in a couple, she said that night she sat in his chair. And that was, it’s nothing, but it was hugely relevant to, of course it was, it meant do you know what, I own this house it’s my space.

Have you seen the different ways that men and women cope with divorce?

Yeah, yeah. What Danielle, what about okay I don’t know what percentage of your clients are, men because I know in my work probably 97% of them are male. Um, so they’re mostly dads who have been um, court ordered to attend or who have been suggested to attend a, a Triple P Parenting Program that I offer, and then I have mums who come in for other reasons. And I just want to, to understand a little bit if in your field you’ve seen, different ways that men will cope as divisive as it might sound, that men will cope in different ways than women tend to cope.

I would say that 50% I’m, I’m an equal you know 50% men and women. Good. Uh, so I find it difficult to answer that because in my view, it’s not men, it’s people. There are people, who struggle, some of my women client will say “well men do this” I said “well actually no, people do this. There are people who have affairs, there are people who will evade, trying to be uh, put in front of the, consequences of their action. It’s nothing to do with men or women.” So to me I feel that much more.

Now in terms of copying mechanisms, in some way women can speak more to friends, although that’s a double-edged sword, you know sometimes well-meaning people, can give the wrong advice. Men, not so much, and I think the reason they work with me is maybe that they feel lonely in this, and they that they need support. But no I, I can’t put it down to, but obviously also you mentioned that you work with people who have young children. For me, most of my clients are a little bit older, and often the children are young adults or even they have left the. So it’s slightly different. I don’t deal with children arrangements and to me I refer, to Parenting Coaches when there are issues like this I don’t deal with them. Yeah.

Can you talk about the double edged sword of talking to friends and family about your divorce?

And I think you touch on something quite important there, which is talking. You said one thing you said it can be a “double-edged sword.” And I know with, with my male friends you know they say the same thing they’re like “oh when we have a problem we just go sit down and we go hey how is everything”, and then that’s it five minutes and it’s done. But then, we’ve come to see the statistics in terms of the biggest killer of men in this country is suicide. Indeed, and um, so there is something to be said about allowing or not even allowing that’s the wrong word, to get men to speak. It’s so normal that you’re hurting.

When I, when I work with the dads in my practice, I’ve seen some of the most amazing fathers, who are just absolutely hands-on and they want to be there for their children but that is kind of taken away from them and they will sit and they will break and they will cry and they can’t understand you know, why this is happening. But they won’t do the same outside with their friends, or you know, they’ll just say “yeah no it’s okay it’s a little bit hard but you know.”

So I, I wish that you know, they could have this space that, where they can just feel. Comfortably, safely, like we do, you know with friends. But I want to talk about the double edged sword bit, because I kind of have a feeling I know what you’re talking about, but tell tell us what you mean.

So first of all you write, and I work with clients like this, whatever parent uses their children as pawns as a frankly, frankly put the child first and there a lot of you, there’s a lot of evidence about that. It is so wrong. Men do it too, women do it. It is wrong, wrong, wrong.

I think in the recovery process and to stop from wobbling, it is very important to spend time with friends. Uh, friends have a huge role to play, not for advice, I still don’t believe that I’m much agree, with you it’s about having a safe space, somewhere where people are not judged, and where people are not going to get the wrong kind of advice. But friends are essential because we are not uh, you know alone in the world. We need to be connected and in fact I would say a way to stop wobbling so much, is to connect. And it’s very, very important to, build up those connections.

The temptation when it happens initially is to stay in our shells and, yes for a short amount of time, but that is important to reconnect, and maybe actually, to have normality or at work as a matter of fact, normality it’s normal to go to the pub with a friend, it’s normal to play sport with a friend. That’s what you need to reconnect and to be reminded, that you are much more than what has just happened, you know that doesn’t define your identity forever more. And sometimes that break, where you are not “oh that poor person who’s been left behind” is really, really important.

And also, with a friend you’re going to laugh. And my goodness I believe in that. Because sometimes you can forget, and having a good laugh is really useful. So not being isolated during the process, but equally friends, yes some friends have different functions, that would be slightly wary about the well-meaning friends. And certainly incredibly wary and in fact avoiding like the plague the social circle and people would say “so what’s happening now?” As if that was, you know, your life is about, entertainment, yes, I mean for goodness. The answer to that I believe in very short sentences. “Yes I’m going through something very difficult” and not comment because really that’s for you.

And people who think they can go speak about you are not friends. So if you know I, I was telling you earlier on like you know when I was going through this book which I read ages ago and I was going through it again. I’ll send you a new copy Soila! Yeah, there’s so much in here like I was saying to you the, this section where you say “you will get better and you will find a new you.”

I know it’s a process, and I’m just remembering when I was going through divorce, you’re, you’re pretty lost, internally, mentally, and you will make mistakes where you will confide in somebody who will just fund the flames of your anger. Um, you will feel alone, you will feel judged, you will feel useless, you will feel like you have failed, you will worry about my future, what am I going to be? What am I going, to who am I? You know all of that, there’s a lot and all that can I remember just feeling lost and when you’re saying just staying in bed, because, what’s the point?

But the point is you need to get up. My first client the door to was in her dressing gown and I said oooh shower, make up, and we start working. To be honest she was my first client my, my list of clients was not long, I could do this. But what you say is absolutely the spirit of my work. Yes, I have to help people through, but having been doing this for, you know 14 years now, what I know with absolute certainty, is that, eventually people emerge.

And um, there is now something we speak about post-traumatic growth. And yes it is a trauma by the way, but that PTG, post-traumatic growth I love that. It’s only because you’ve gone through something very difficult that you work it through, that you grow, to bigger and better, and you know sometimes my client said to me “oh, you know now two years down the line, five years down the line, I’m much happier, you know, I’m with a better partner I’m with,” whatever or decide not to have a partner by the way. But they have this decisions and they are happier, really it is true because we grow out of these mad things that we go through.

For a while we don’t see that of course we don’t, but I always say to client you will eventually, and yes it’s a new you, but I mean I’ve been through divorce too and gosh when I remember what it was like. But I’ve emerged and, and have a much happier life, in every single way.

What does one do with the anger when the relationship ends suddenly?

Yeah, yeah, can we touch on the anger. I think correct me if I’m wrong cause you’re the relationship person. I, imagine that the person who leaves, sometimes they have processed the leaving while in the marriage, it’s kind of “easy” in inverted commas, to leave but the person who’s been left, the anger, not so much even the pain but the anger of how dare you? What did I ever do? I’m just I’m just thinking what does one do with that, when you think that you’re sailing along with your, spouse like really nicely and then suddenly, he or she, or they turn around and they say actually, I need to get out of this.

I’m thinking about a client I was working with yesterday, at the end of November, her husband announced he was leaving uh, no real explanation. Uh, immediately before Christmas so, two weeks later, he wanted to go to mediation. And because she didn’t feel ready, he was saying “you, you’re dragging your feet, you’re this, you’re that, you’re the other.” Well I’m afraid, well before you can do anything, you have to process this woman is winded. And for me the first thing people will think is pain. This and, and confusion, “what is it? Why? Why? Why? In fact, most of them will never know why.

But this um, yesterday morning my client said to me so we’re looking at now January, and she said to me “I’m so angry.” And I said good, good, because she has moved from the pain where she feels it’s her fault when she doesn’t know what to do to saying, “how dare he.” And already, she had put in place things where she was saying no. And I was pleased to see that because that means that on some level, not a lot, first of all she had lost control before and also for me I work at trying to make a, client see or to get some form of control.

And when they start being angry, they are more able to do this. I mean, you know and again, she might be angry, and then the next day she’s so low, that’s normal. But, eventually there is a pattern, and she emerges from this. So when I hear that they’re angry, I’m quite happy actually, again as long as they don’t stay there.

Yeah, they don’t stay there and they don’t become destructive. No, that’s it. Yeah, yeah, and I like what you just said, about the you know, one minute you’re feeling like this, the next minute you’re like this, because it’s not a linear process. Oh no. The recovery, it can be you take two steps, and you go back, and you, will so no wonder you’re calling it wobbling, you know because you wobble, wobble, until you’re able to then eventually, you know steady yourself and yeah, yeah. And it’s again completely normal, but the trend is up even if it’s two forward, two steps forward one back, the trend is up, and the moments of wobbling, will be less frequent and less deep as well, as time goes on.

How do you approach a new client who is feeling really low?

So have to hold down there, it’s like you know by the fingernail, hold on there. You can’t bear. Let’s imagine um, just before we finish Danielle, let’s imagine I am a man, my wife has just said to me, or my husband has just said to me, I don’t want to be here anymore, I have met somebody, and um, all that is breaking out and I’m feeling really, really, really, really, awful, and I come to see you and I’m like Danielle I found your contacts online, on The Divorce Magazine, could you please tell me what, how, I need your help. Where do you start and what would that work look like?

So I get very few, of these kind of clients because my clients are normally referred by lawyers, and they are not coping. So um, what so that’s one bit, they’re not coping somebody just been told I’m going. Uh, the, I help people make decision. Now a person who’s feeling guilty because they have said, it’s the end of the marriage, it’s rare but actually, it’s really good if a partner can say, “I’m really sorry, but this is the end and I’ve met somebody.” I wish, I wish people would all do that.

Instead, most people, at least the people I work with, have been at the receiving hand of somebody, who is not telling them the truth, who has been planning for a year or two to uh, leave, who is blaming them for that, “it’s your fault you did that, you didn’t do that”, trying to feed the narrative.

And that or even give no explanation, that first client I mentioned in her dressing gown, she came back from work one night to find a removal van on the driveway and he went. And she never got any explanation. Now that is hard. Whereas an explanation like that, it’s hard of course, but at least it’s honest, because otherwise you feel you’ve been lied to and there’s nothing worse. You deserve the respect of an explanation, and if you don’t get that, no wonder it’s hard. And it will take longer to recover, because how the relationship ends, has an impact, no question about that. Yeah.

There’s yeah, there’s, there’s a part where in your book where you say, right at the beginning getting divorced where you say “only initiate proceedings if it is what you really want to do.” Yes, they are, a lot of people who say “right so this is the end, so there’s no need to speak to a lawyer by the way, let’s just agree” and you know, and you are bulldozed into a process which is completely out of your control.

So at first no, take your time to think what do I want often it’s because the, actually the person who say they want it to be done very quickly, I’ve met somebody else, I’m afraid you don’t jump to their tune you need to be ready, but eventually you will see, you will understand, that you can’t make anybody love you. You know that doesn’t exist, you sooner stop the tide, frankly.

So eventually you’re thinking no that’s it, and then if you decide that’s it and I’m starting the divorce, that is a heck of a big control that you’ve taken back. But only do it when you’re ready and I had a client who had to wait you know 6 months or, or more, before they felt capable of that. Well fine, you know fine. We I, think it has to be when you’re ready. Yeah, it, it, is like we said right at the beginning going full circle, it is a loss. When somebody comes and announces to you that somebody very close to you has died, you need time to process, you need, you, you’ll sit there going I don’t understand, I don’t understand, I spoke with them yesterday, how can they be dead? You know, the same thing with, with marriage I’m ending it, but what do you mean you’re ending it, what, what I’m you know.

Exactly, and you’re right to make that comparison because I, I make that comparison with clients. The, the difficulty with divorce, is that as opposed to death, your partner is alive. Not only that, but your partner might be with somebody else. My goodness, you know the one who is going to get the, the casserole and the sympathy is the widow or the widower, not the person who’s been left behind. And it is so hard to cope, with the idea that somebody has gone with somebody else, and yeah it is incredibly hard.

I really compare it with the feeling of death, loss that way, but almost worse at the beginning because on top of this you had humiliation, being lied, to all sorts of things. But in, I think in the long run you, possibly recover quicker nevertheless. There’s something there.

Danielle thank you so much, it’s a conversation that we can keep going where I’m thinking maybe, we need to at some point talk about, just focus on the shame, yeah, um, of a failed relationship, you know, um.

That is huge, yeah. Um, so I think and then also the, the maybe on the other side of it, where it’s the guilt I don’t know if, if people who live relationships go to see divorce coaches because they feel so guilty for what they have done. I don’t know, I can’t, so because. My work is really to make people look at the reality and they might not like this. But guilt, guilt, even if you both agree the marriage comes to an end, you’re guilty, you feel guilty so it’s, you have children, you have, we spoken about that before, so guilt is a very, valid emotion.

And of course, even if you have been left, you feel guilty, that so what was wrong with me? What did I not do? What did I not? Say, well probably nothing. It’s just you know but, and that, on that you mention the death of a loved one is the same you feel guilty, you know did I do enough? I didn’t say that, all sorts of things guilt, and shame, are usually and if you manage to work through those emotions, you definitely uh, you know emerge quicker.

What tips would you give to someone going through a divorce to steady themselves?

If you were to give us some tips to steady yourself, what, during you know from, when you wobble during divorce what would you say? I’m looking at my list, not remating, so maybe the not to do is that, did I put other negatives, not looking at everything in terms of loss.

But if I want to be positive, I would say regaining control sometimes is very small like sitting in his chair, compassion for self, I mean there’s something you can’t, laughing, moving, taking exercise, journaling. Journaling is seen as, you even if you write two sentences at the end of the day, it’s very important to just it’s a way of saying something without it having consequences. Yeah. Eyes firmly on the end goal. I’m going through this but I know I will emerge, and I will emerge in a better place.

I think it’s also important not to be, some clients will do plenty of things they instead of doing the thing they do, huge amounts of activity, sometimes you need calm. Because it’s in, space a calm space, that thinking can happen uh, what else could I say uh, friends are very important, grieving for the future instead of seeing it as loss. I’ve, I’ve lost my past, I’ve lost my future, yes I need to grieve for that and accepting that it’s huge, and then keeping hope, I know I will emerge even if I can’t really see how. I know that and I will learn from it. If you manage to keep that perspective, and it it’s like flexing a muscle, it gets easier. At first it’s hard but it gets easier, and frankly I can say in all honesty, that at the end, all my clients except one or two but it’s not a lot of number, emerge stronger and better. It is the truth. It is, it is.

Thank you so much Danielle as always. You know your articles that we have um, with your book, if anybody I mean there’s a second edition. So if you can get this, especially honestly, especially if you’re, at the beginning or right middle part of the divorce and you’re struggling with this, you know um, from breakup to recovery uh, first things first, finding some relief, there’s so much in here. And it’s a tiny book so if you’re carrying it you know, it’s not big bulky, it’s straight to the point I think um. Thank you, yeah, if you can, that was actually why I wrote it uh, the solicitor with referring client say, tell us what you say to your client. So that was that. It’s not about me you know some people write about them of no interest just trying to get people at the beginning or early in the process, yeah, and maybe in the middle as well yeah. That was why. Why don’t you tell people how they can contact you? Oh thank you very much, so my name is, complicated but my email is danielle@danielleb.co.uk, that’s it, I don’t know if you can see my name on that, yeah, I mean we’ll have it, we’ll have it on the, yeah, good perfect, and it is on my website, it is on Amazon, but really it was just written, it was not meant to change the world, simply to give support like I do to my clients.

Yeah and, and, um, we’ll have it at the bottom of the link anyway, so people will know how to find you. Thank you so much, I’ll be in contact with all the other bits that we need to cover, an absolute pleasure too, thank you, definitely, bye, bye, bye!

[Music]

Read more articles by Danielle Barbereau.

About Danielle Barbereau

Danielle Barbereau is a leading professional coach specialising in Divorce since 2010. Her unique skill set compliments and adds value to the work of family solicitors by addressing ‘a significant gap in their service’. She supports clients through what is a difficult and painful process (enabling them to give clearer instructions and make better decisions), freeing the lawyer to concentrate on the legal aspects of divorce.

Danielle is the author of After the Split: The Definitive Guide to Recovery When Relationships Break Down which is available on Kindle, Amazon and on Danielle’s website: www.danielleb.co.uk.

Divorce & dissolution and financial remedy – how to prepare for your initial meeting with a family solicitor
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Divorce & dissolution and financial remedy – how to prepare for your initial meeting with a family solicitor

Hannah Coupe
Solicitor
Burgess Mee Family Law

Once an individual has made up their mind that they are going to separate from their spouse or civil partner, their attention may turn to instructing a solicitor. Whilst this is not necessarily the best way to proceed for everyone, and individuals should first consider whether their case might be suitable for mediation (which can be a quicker and cheaper way of resolving disputes), many individuals do end up taking this step.

Going to meet a family solicitor for the first time can be a daunting prospect, particularly because of the personal nature of what you are going to discuss with them. To try and help reduce any anxiety about this meeting, set out below is a summary of what you can expect to discuss with your solicitor at that initial meeting and what it might be helpful to have thought about and prepared ahead of time.

What you will discuss

  • What you would like to achieve;
  • Basic details about your spouse and any children of the family;
  • What has brought you to this point;
  • Your solicitor will explain how any divorce or dissolution will proceed alongside resolving the financial aspect of your separation and the arrangements for any children;
  • The overarching principles surrounding the above, which will inform the advice your solicitor provides to you; and
  • Your solicitor will provide advice regarding the likely timeframe to achieve your objectives.

Things to have prepared

  • Your solicitor will ask you to provide some key dates regarding your former relationship, such as:
    • When you commenced your relationship;
    • When you started living together; and
    • When you consider that the marriage or civil partnership ended.
  • A brief explanation of why the relationship broke down. It is helpful for your solicitor to have this background information so they can support you properly through the process and be aware of any relationship dynamics which might affect how they manage your case.
  • A brief summary of your financial assets. You will usually complete in-depth financial disclosure with the help of your solicitor. However, at your initial meeting, it is helpful to have a broad overview of what the assets are in the case. Perhaps make a bullet point list of yours and your spouse/civil partner’s assets and provide a rough value for each asset (you do not need to bring any supporting documentation with you to your first meeting). Some solicitors use an onboarding questionnaire to do much of the fact-gathering in advance, which means your first meeting will be that much more cost-effective and can concentrate on the advice. Generally, though, you should consider the value of the following assets:
    • The family home (and the value of any outstanding mortgage);
    • Any other properties you own;
    • Other assets of value such as cars, jewellery, watches, art etc;
    • The balance of bank accounts, savings accounts and the value of investments;
    • Any business interests (and start making available the last set of accounts); and
    • The cash-equivalent value (or CEV) of any pensions (as well as a state pension forecast as a precautionary measure).
  • Similarly, it is helpful for your solicitor to have a rough idea of your and your spouse/civil partner’s respective incomes (whether from employment, any trust interests or from your investments).
  • If you are aware that your spouse/civil partner has instructed a solicitor, it would be helpful to make a note of their name and firm so that you can pass it on.

The above points are by no means exhaustive and your solicitor may focus on what they think are the most important issues to be addressed. However, your solicitor will also be guided by you – the more information you can provide to your solicitor, the better, as it will allow them to give much more tailored advice and help you get the most of out of your meeting. Similarly, your solicitor will understand that you have a life beyond your divorce and as such it is not essential to attend your first meeting armed with all of the information set out above.

You do not need to go into the minutiae of the reasons the relationship has come to an end in your first meeting but in any event, your solicitor will be mindful that this is often a difficult topic to discuss. If you need to take a break from the meeting, you can ask to do so at any time or even park any of the issues you may not be ready to talk about.

Taking this first step after separation is bound to be difficult. However, making time ahead of your first meeting to think about the points above can pay dividends. The general stocktake will help you to feel that much more prepared and in control of what may seem like a very intimidating process. Remember that you are not alone – your solicitor is there to support you and help put in place a team around that will allow you to make informed decisions about your future.

More articles by Hannah Coupe

Hannah Coupe

Hannah Coupe is a solicitor at Burgess Mee, an award-winning specialist family law firm in London. Hannah advises on a broad range of family law matters, including divorce, matrimonial finance, nuptial agreements, and issues relating to children. She is also a member of Resolution, an organisation for lawyers which promotes a constructive and non-confrontational approach to family law cases.

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Your entitlement to spousal maintenance

Davina-Warrington
Davina Warrington
Divorce and Family Law Solicitor
Woolley & Co Solicitors

Understanding your entitlement to spousal maintenance following a separation is a significant concern for many. This form of financial support, distinct from child maintenance, is available only to those who were married and aims to provide financial assistance from one spouse to another upon the dissolution of their marriage. The necessity for spousal maintenance arises from various factors, including the length of the marriage, the employment status of each party, ages, childcare responsibilities, and the financial independence of both parties.

Spousal maintenance, also referred to as spousal support, is not a one-size-fits-all solution but rather depends on the unique circumstances of each marriage. A typical scenario might involve one spouse sacrificing career opportunities to manage household duties, thereby becoming financially dependent on the other, who is the primary income earner. In such cases, the non-working spouse may be entitled to financial support if they cannot sustain themselves with their own income or assets.

To determine if you are eligible for spousal maintenance, consider your financial needs against your potential income, the sacrifices made during the marriage such as career opportunities for homemaking, your age and its impact on your earning capacity, and the possibility of a financial clean break versus ongoing maintenance. Additionally, the willingness to pursue legal action, the implications of remarrying on maintenance entitlement, and the advisability of consulting with a divorce and family lawyer to assess your case are crucial considerations.

Applying for spousal maintenance typically involves negotiation or mediation, leading to an informal agreement that minimises legal costs and conflict. However, if an agreement cannot be reached, court intervention may be necessary to decide on the entitlement and amount of maintenance.

The payment of spousal maintenance can be structured in several ways: a lump sum payment, ongoing monthly payments, or a combination of both, tailored to the recipient’s needs and the payer’s ability to pay. The choice of payment method should be informed by expert legal advice to ensure it suits your specific circumstances.

In England and Wales, the calculation of spousal maintenance is not governed by a fixed formula but is determined on a case-by-case basis, taking into account each spouse’s financial resources and the reasonable needs of the requesting spouse. The duration of spousal maintenance can be indefinite or for a fixed term, often influenced by the length of the marriage and the agreement reached by the parties, with the understanding that remarriage of the recipient spouse terminates the maintenance entitlement.

At Woolley & Co, Solicitors, we offer specialised legal advice to ensure you secure the most beneficial spousal maintenance arrangement. Our approach is tailored to your unique situation. To explore your options and understand your entitlements more thoroughly, consider a free 30-minute consultation with one of our expert family law solicitors. Contact us at 0800 321 3832 or visit our website at www.family-lawfirm.co.uk for more information.

More articles by Davina Warrington.

Davina Warrington

Woolley & Co’s Burton upon Trent-based family solicitor, Davina, specialises in divorce, financial settlements and family law. Davina has always lived, studied and worked locally and deals mainly with clients in Derbyshire, Staffordshire and the wider East Midlands area.

Davina qualified as a solicitor in August 2005 and joined Woolley & Co in 2006 from a firm in Burton on Trent.

You can visit Davina’s profile here for more.

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Family Court Delays – a new year, time to think in ‘new’ ways?

Suzanna Brown
Solicitor
Burgess Mee Family Law

Delays in the court system have been widely reported in the media in the context of criminal proceedings but sadly remain commonplace in the family courts too. Many courts have a significant backlog of cases, exacerbated further by the pandemic and from which they have not generally recovered. The judiciary and court staff are doing their best under trying circumstances.

In financial remedy proceedings, it can often take around four or five months from the date the application is issued to even reach a first appointment. If your case requires a final hearing (which is unusual because most cases settle before then but does happen), it is likely that from beginning to end, separating couples could be waiting over a year for a judge to make a decision. Having to wait for an extended period for a resolution is often impractical and inevitably causes stress and additional expenses. With these widespread delays, what alternative avenues can couples pursue so that progress can be made sooner rather than later?

Mediation

Mediation involves you and your partner/spouse having discussions with a mediator present. You can use mediation to resolve financial issues on separation or children law matters such as child contact or where a child should live. Mediation is designed to provide a non-confrontational, confidential, and calm space for separating couples to work through any issues. When it works well it can be a fantastic method to resolve disputes and move forward relatively quickly. Mediation can be particularly useful as a tool where children are involved and parents want to find a way to maintain a co-parenting relationship. The mediator is trained to facilitate your discussions so that you can find a resolution but neutral third parties can be brought in such as family therapists and counsellors as well financial professionals to help resolve any impasse. You and your partner can even decide to both bring your lawyers to the mediation sessions so that you can obtain legal advice on the live discussions.

Private FDR / early-neutral evaluation (‘ENE’)

In financial remedy proceedings you may require a more formal and timetabled method of resolving the issues, while also wanting to avoid the stress and expense of court proceedings. A ‘financial dispute resolution appointment’ or FDR is usually the second substantive hearing in any formal court proceedings. At this hearing, the judge will give an indication of how they think the case should be resolved and that is then used by all the parties to inform their negotiations (the indication itself is non-binding and not seen by your judge at a final hearing who approaches the matter with a fresh pair of eyes). However, there can be a long wait for this hearing, which can mean valuations may need to be updated and positions may become further entrenched.

Private FDR hearings duplicate that format but they take place separately from the formal proceedings and on your terms. They bring the advantage of flexibility (on the date, timing, compliance with directions and location) and also allow complete privacy as they are usually held in barristers’ chambers. Although there is the additional expense of paying for your ‘judge’ (the proper term is ‘tribunal’ as they will not be sitting in a judicial capacity), this is vastly outweighed by the time and ultimate expense saved on waiting for a court date.

Arbitration

Arbitration is another form of private dispute resolution, that can offer a flexible and expedited route to resolving the issues arising on separation. It involves the appointment of an ‘arbitrator’ who can make a binding decision upon you (as with judgements from the family courts, arbitral awards can be appealed on the grounds that the decision was wrong, or if there is another compelling reason justifying the appeal). and your partner whether in terms of an overall outcome or where there is an impasse over a discrete issue. Arbitration can allow greater control over virtually the entire process if the parties want, so it can move at a pace that suits everybody. With the right advice, the process can also be simplified too which is a major advantage. Although there is the additional cost of the arbitrator throughout, as with other forms of private dispute resolution, this can be significantly outweighed by the emotional and long-term financial benefit to separating individuals in dealing with everything that much more quickly.

Collaborative law

An often-overlooked form of dispute resolution, the collaborative process involves a series of four-way meetings involving collaboratively trained solicitors all working together to reach an agreement. Everyone signs a ‘participation agreement’ at the outset agreeing that in the event they cannot resolve their issues with their method, they will each instruct new solicitors giving added impetus to the success of the process.

As with so many forms of ADR, third parties such as financial advisors and family therapists can be brought into the meetings to assist the discussions.

At the outset, each person will have the opportunity to set out their own aims and objectives in the process (usually by way of what are referred to as ‘anchor statements’ which can be revisited if momentum is stalling to remind everyone why they are here). Your solicitors will work together before and after each meeting, to see how best to drive the agenda forward but this will be agreed during the course of the work done in the four-way meetings. There is no hard and fast rule for how long the collaborative process may take – sometimes only a couple of meetings are required, sometimes it may be four or five.

Solicitor-led negotiation & round-table meetings

Solicitor-led negotiation is often the first port of call for separating parties to test the water and narrow the issues. Progress can be much slower than the other forms of dispute resolution even where solicitors are sensibly picking up the phones to one another but it can represent a clear channel of communication where correspondence sets out clearly each party’s position. This route can still feel attritional because it will still feel for the most part turn-based and there is an associated cost to that but many parties will appreciate the structure and clarity this provides.

Solicitor-led negotiation is often a prelude to a roundtable meeting where the parties meet with their lawyers (usually in the same room with break-out spaces for discussions but the parties can start with shuttle-style negotiations before being brought together as agreement nears) to further narrow the issues and hopefully progress to agreeing the headline terms of a settlement. Mediation (and the involvement of other third-party professionals like family counsellors) can be used alongside solicitor dialogue (or direct communication between the parties who feel they only need a little help finding a solution) to help make breakthroughs too.

Conclusion

Each of the above methods offer an alternative to the traditional court process. They come with varying benefits including speed, privacy, flexibility and control, less stress, and confidentiality to name just a few. If your partner has already issued court proceedings, many of these options are still available alongside the court process. Issuing court proceedings should be a last resort but can be a useful tool to put a timetable in place and launch a separating couple towards all of the available dispute resolution options, creating their own bespoke method of resolving the issues arising upon their separation.

More articles by Suzanna Brown

About Suzanna Brown

Suzanna Brown is a solicitor at Burgess Mee Family Law who advises on all aspects of family law, including divorce & separation, complex financial claims (often with an international element), private law children matters, and postnuptial & prenuptial agreements. Suzanna is dual-qualified in English and Scottish law.

Suzanna is an active member of Resolution, the national organisation for family lawyers.

How To Tell Your Spouse you Want to Divorce?
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How to Tell Your Spouse You Want to Divorce?

chloe-o-contributor
Chloe O.
The Divorce and Separation Coach

Think back to some of the most important conversations you’ve had in your life. How many have there been? For most people, the answer is just a handful. There is no doubt that the conversation you have with your spouse informing them that you want a divorce will make it to the list as well. And like all important matters, it requires some preparation and thought.

The manner in which you choose to begin the divorce process is significant in that it sets the tone for the entire divorce, and for your relationship with your ex afterwards. Some people opt for an aggressive approach, filing for divorce without informing their spouse and creating an element of surprise. Others choose to begin their post-marriage story with a collaborative and amicable approach. Unless they are in an extreme situation, such as domestic abuse, I always recommend to my clients to have an honest and respectful conversation with their spouse at this stage. Because less conflict means a less costly divorce and a better outcome for everyone.

My recommended approach to having “the conversation” revolves around 3 pillars which conveniently spell out “GPS”.

G stands for “Get yourself organised”

It is important to take a bit of time upfront to educate yourself about divorce. The best way to do this is to speak to professionals such as family lawyers or divorce coaches who can answer your questions. Avoid asking divorced friends or family as every case is different and their experience may be misleading. Search engines are also to be avoided due to the risk of obsolete, unverified or inapplicable information. In speaking to various professionals, I encourage you to explore the different divorce options that exist in your country (mediation, litigation, collaborative law…) and understand potential alternatives to divorce, such as separation. This will allow you to build a divorce or separation budget for the divorce costs themselves, but also for sustaining yourself after divorce.

The second consideration when getting yourself organised is safety. I always recommend to my clients to create a new email account with a different password, to which their spouse has no access. This email should be used for all divorce-related matters and must remain confidential. In the same vein, I would encourage you to change any passwords and passcodes on devices your spouse has access to and ensure your phone doesn’t have a tracking option enabled.

Unfortunately, there are many cases where divorce announcements lead to one party trying to hide financial information and documents. This is especially relevant if you are not involved in the financial management of the household expenses and income. Before speaking to your spouse, ensure you have gathered relevant financial information that might be easily hidden later, on such as bank account balances, mortgage providers, recent utility bills, your spouse’s income over the past few years… You may want to speak to a financial advisor for advice on the right information to gather at this stage.

P stands for “Prepare for the conversation”

If you are having this conversation, it probably means that you have a degree of respect for your spouse. It is important to have empathy too. Remember that while you may have been thinking and planning for divorce for months (or years!), they may not be in the same place as you at all. It can help to prepare for various potential reactions from your spouse and to have a defined course of action for each scenario. Role-playing or scripting what you are going to say ahead of time can be useful tools to explore with your divorce coach when preparing for this.

One of the fundamental pieces here is to make the conversation constructive. Remember that this is a forward-looking conversation, not an opportunity to assign blame or revisit past feuds. The objective here is not to have another argument but to leave the past behind you and start thinking about how to create separate futures in a non-destructive way.

At this stage, you may already want to start thinking about your expectations regarding the way you want your separation to unfold. How soon do you want to file for divorce? Will you continue to cohabitate during the divorce or live in separate houses? Do you want to try to resolve things together informally or do you need legal advice? How do you envisage your relationship post-divorce? How do you want to look back on your behaviour during the divorce a few years from now?

This is also a good time to start thinking about your expectations with regards the final divorce outcomes and arrangements. Early budgeting will help you get a good idea of how much maintenance you may require (or be able to provide, if you will be the one paying it) or whether you can afford to stay in the house without your spouse.

S in GPS, which stands for “Setting yourself up for success”

While it goes without saying, people often forget that the time and place to tell your spouse you want a divorce should not be improvised. Thinking through the actual setting for the conversation can help provide a sense of control and avoid mishaps. You will want to consider 3 elements: the form, the time and the place.

  • The form: I always recommend having these conversations face to face as this type of announcement requires some personal contact. Avoid emails or text messages, in particular, as they do not allow you to hear the other person’s tone of voice and can often be misinterpreted.
  • The place: Choose a place that is neutral, safe and allows you to have a potentially emotional conversation without interruption. If you are afraid of your spouse for any reason, consider meeting them in a public place or having someone else present.
  • The time: It may seem obvious, but it is always better to have this conversation at a time when there is no live argument between you and your spouse. This needs to be a calm and rational conversation and it cannot be managed properly when emotions are already riding high. Something else to keep in mind, if you have children, is the importance of choosing a time when they are not in the house nor likely to return unexpectedly. It is very difficult to predict how long the conversation will last and how your spouse will react. You would not want your children overhearing your exchanges or walking in halfway through.

With regards to the conversation itself, make sure you keep it short and decisive. Be clear about your decision and try to avoid justifying it too much. As mentioned earlier, your spouse may be taken by surprise or simply not as prepared as you are to take this step. If you sense that they need extra time to process what you have just discussed, stop the conversation there and keep your initial thoughts about the next steps for a follow-up conversation when they are ready. You will have plenty of time to discuss the logistics of the divorce at a later time. The objective of this conversation is to inform your spouse of your decision and set the stage for a collaborative divorce resolution.

I hope this three-step approach will be useful to you as you embark on your own divorce journey. Remember that the way you behave has a significant influence on the outcome you will reach, as well as on the amount of grief and expense you will incur along the way.

Click here to read more by Chloe O.

About Chloe O.

“My name is Chloe O., I am an Alternative Dispute Resolution (ADR) professional and a Certified Divorce Coach. I specialise in working with women to help them reduce conflict during and after divorce by improving their negotiation and communication skills with their spouse. The objective is to work towards an amicable divorce outcome in order to minimize the emotional and financial cost of divorce. I work with all types of clients but I have extensive experience in supporting expatriates and international families who are dealing with the unique situation of living abroad during and after their divorce, with limited local family support, language barriers and relocation considerations.”

For more information about my work and services (including my Podcasts, newsletter, myth-buster videos…), you can visit my website and/or follow me on Instagram, Facebook or LinkedIn.

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Navigating Divorce with Children: A Compassionate Guide

Rebecca Franklin
Rebecca Franklin
Divorce and Family Lawyer
Woolley & Co, Solicitors

Divorcing with children involves delicate conversations and careful planning to minimise the impact on their well-being. In this guide, we’ll address key aspects of discussing divorce with children, the varying effects on different age groups, and practical tips for creating child arrangements while prioritising your children’s needs.

Timing and Transparency

Deciding when to tell your children about the divorce is crucial. Generally, it’s better to inform them sooner rather than later, offering them time to adjust and understand the situation. The ideal time is when both parents have agreed on the decision but are still residing together, providing a smoother transition.

Establishing a parenting plan beforehand can ease the conversation. Older children’s preferences may influence child arrangements, making early consultation with a family lawyer valuable. If divorce is under consideration, it’s advisable not to share uncertainties with younger children, but nuanced discussions may be appropriate for older children sensing marital strain.

Communicating the Reasons

Honesty is paramount when explaining the reasons for divorce, but specifics aren’t always necessary. Collaborate with your spouse on a general explanation, focusing on understandable concepts like wanting different things or realising a better friendship than a partnership. Avoid assigning blame or divulging unnecessary details unless safety concerns are present. Reassure your children that the divorce is unrelated to them, emphasizing continued love from both parents.

Conducting the Conversation

Approaching the initial conversation requires thoughtful planning. Some dos and don’ts include:

Do:

  1. Have both parties present
  2. Present the divorce as a joint decision
  3. Outline the preliminary child arrangements
  4. Be prepared for questions
  5. Encourage the expression of emotions
  6. Reassure that the divorce is not their fault

Don’t:

  1. Blame your spouse
  2. Force children to pick sides
  3. Allow children to take sides
  4. Pressure immediate decisions
  5. Express anger, even if children do
  6. Choose sensitive times for the discussion

Following these guidelines can contribute to a supportive and straightforward conversation about divorce.

Age Considerations: understanding impact

Divorce affects children differently based on age. How you handle the divorce and post-separation relationship influences emotional outcomes. Minimising conflict and maintaining positive relationships with both parents are vital. Seeking legal advice early can facilitate an amicable divorce and suitable arrangements.

Minimising Impact

Minimising the impact of divorce on children is a natural concern. While predicting individual reactions is challenging, clear communication, reassurance, and ongoing support are crucial. Encourage children to share feelings and seek professional help if needed. A joint commitment with the other parent to prioritise children’s well-being fosters a healthy post-divorce environment.

Creating Child Arrangements

Creating child arrangements during divorce involves careful consideration. Prioritise children’s well-being while preserving relationships. Many parents find success through mediation or with a family lawyer. In complex cases, formal arbitration or court intervention may be necessary. Consulting an experienced family lawyer early ensures a comprehensive understanding of rights and responsibilities, guiding decisions and navigating complexities.

Conclusion

Navigating divorce with children requires sensitivity, planning, and open communication. By following these guidelines and seeking professional advice when needed, you can foster a supportive environment for your children during this challenging time.

Click here for more articles by Rebecca Franklin

About Rebecca Franklin

Rebecca is a divorce and family lawyer based in Birmingham. She has built a solid reputation in the Birmingham and wider West Midlands area having acted for many high-net-worth individuals in resolving their divorce and relationship issues.

Rebecca was noted as “excellent at handling clients and able to sort the true issues within a case”, in Legal 500 2017, and is noted as a Recommended Lawyer for Family Law in Legal 500 2020.

Article written by Rebecca Franklin, divorce and family lawyer with Woolley & Co, Solicitors. Woolley & Co, Solicitors are family law specialists with clients throughout the UK. For advice, you can contact Rebecca on 0800 321 3832 or visit www.family-lawfirm.co.uk.

Take Control of Your Divorce Process
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Take Control of Your Divorce Process – Don’t Let it Drag On

Chris Sweetman
Chris Sweetman
Director
Fair Result

Going through a lengthy, drawn-out divorce can take an immense emotional and financial toll. As Neol Gallagher said: Divorce is a long, drawn-out process, so it affects the mood. When the divorce process drags on for months or years, it prevents you from moving forward and starting fresh. You remain stuck in limbo, unable to heal and plan for your new future.

A prolonged divorce also drains your bank account. When lawyers are heavily involved over an extended period, the costs add up quickly. Legal fees, expert witnesses, paperwork, and other expenses continue to grow as time goes on.

In addition, communication often suffers in a lengthy divorce. With lawyers acting as intermediaries, direct communication with your former partner breaks down. This can increase animosity and make reaching agreements even more difficult.

Why You Should Take Control from the Start?

Rather than resigning yourself to a slow, painful divorce, you can take proactive steps to move the process along. By taking charge from the very beginning, you can avoid unnecessary delays and reach resolution faster.

When you take control, you can set the pace and timeline for negotiations and agreements. You don’t have to wait around for your lawyer or spouse’s lawyer to take action. You can create momentum to finalise the key issues efficiently.

Taking charge early also reduces costs in the long run. The sooner you can reach agreements, the less you’ll have to pay in legal fees over time. And it allows you to move on with your life sooner rather than remaining stuck in divorce limbo.

Take a Proactive Approach

Seek Amicable Separation Before Involving Lawyers

One proactive step is to discuss amicable separation terms with your former partner before getting lawyers involved. See if you can mutually agree on central issues like asset division, spousal support, child custody arrangements, etc.

Bringing in lawyers too early can set an adversarial tone that makes compromise difficult. By starting off collaboratively, you lay the groundwork for quick negotiations down the road.

Make a Sensible Financial Offer Quickly

Shortly after consulting your lawyer, take the initiative to make a sensible financial offer for settlement. Don’t let your lawyer drag their feet in making an initial offer. Putting a reasonable offer on the table early catalyses serious negotiations.

If your initial offer is fair and thoughtful, your spouse will likely make a counteroffer, moving talks forward. Don’t wait weeks or months to get the ball rolling – taking control means making an opening offer right away. In turn – protecting your financial future.

Set Deadlines for Agreements

To keep forward momentum, set firm deadlines for reaching agreements at each stage of the divorce. For example, set a two-week deadline to agree on asset division, then a one-month deadline for spousal and child support.

Setting ambitious but doable deadlines applies constructive pressure to finalise key agreements. It shows you are serious about efficient progress and avoid stalling tactics.

Prioritise Compromise and Collaboration

Mediation and Collaborative Divorce

To expedite your divorce, make compromise and collaboration priorities from the start. Consider alternatives to litigation like mediation or collaborative divorce.

In mediation, you work with a neutral third party to discuss issues and reach agreements. The mediator facilitates communication and helps you find common ground.

Collaborative divorce takes a team approach, with you, your spouse, and both lawyers committing to settle out of court. Everyone works together transparently to reach a fair resolution.

Both options lead to quicker, more amicable outcomes than prolonged litigation. They keep communication open and solution-focused.

Find Mutual Solutions With Your Ex

Even without formal mediation, look for areas of compromise with your former partner. Identify priorities on both sides and see where you can find the middle ground.

Listen sincerely to your spouse’s perspective and desires for the divorce settlement. Be willing to bend on less critical points to build goodwill.

Compromising requires setting aside anger about the past. Focus on pragmatic solutions that let you both emerge from the divorce feeling heard and respected.

Keep Communication Respectful

Amicable communication is essential for quick compromise. Always interact calmly and respectfully with your ex during the divorce process, even when tensions run high.

Name-calling, passive aggression, or dredging up past grievances will only delay progress. Maintain composure and stick to current issues. Your tone can have a big impact on facilitating agreements.

Move Forward Quickly

Don’t Let Lawyers Slow Things Down

Once you have lawyers, don’t let them dictate an overly languid pace. Convey your desire to move efficiently towards settlement. Push them to review agreements quickly and keep things moving forward.

If your lawyer seems prone to unnecessary delays, consider finding one more aligned with your goal of expediency. Look for lawyers experienced in mediation and collaborative divorce.

Lighten the Mood During Negotiations

During challenging negotiations, inject some levity and warmth when appropriate. This can ease tensions when talks get stuck. A little humour and friendliness can go a long way.

When things get tense, suggest taking a short break to clear heads. Bringing the tension down will help lead to positive outcomes faster.

Finalise Agreements to Avoid Delays

As you reach agreements in principle, move promptly to finalise the specifics in writing. Don’t let critical points languish without documentation.

Follow up diligently on any open items or next steps discussed. Don’t allow yourselves to backslide on progress made. Keep the momentum going strong until every aspect of the divorce settlement is formally concluded.

Final Thoughts

By taking proactive control of your divorce from the very beginning, you can minimise delays and reach resolution faster. This saves time, money, and emotional energy.

Setting the pace, compromising quickly, and finalising agreements promptly leads to an efficient and amicable process. You deserve a quick and painless divorce so you can move forward with your life on your own terms.

Click here for more articles by Chris Sweetman

About Chris Sweetman

Chris Sweetman is an independent family solicitor and director of Fair Result – An award-winning law firm who pride themselves on using innovative ways to help clients through the stress and complications of a marriage breakdown.

Chris can be contacted at 07500933818 or via email chris@fair-result.co.uk.

High-Profile Divorces: Putting Children's Interests First.
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High-Profile Divorces: Putting Children’s Interests First

Chris Sweetman
Chris Sweetman,
Director
Fair Results

In the world of celebrity divorces, the headlines are often filled with drama, intrigue, and sensationalism. Recently, the media has been buzzing about the divorce of Sophie Turner and Joe Jonas, with the spotlight shining brightly on their high-profile breakup. While the public’s fascination with such cases is understandable, it’s crucial to remember the real people at the heart of these stories: the children.

Today, Chris Sweetman, Director at Fair Result, responds to the Daily Mail’s latest article and aptly points out, “They should both realise the children’s interests come first and focus on that rather than showboating for the world’s press to score points off each other.”

In the midst of their separation, Joe filed for divorce in Florida in early September, aiming to ensure the case is heard under Florida state law, which favours equal time-sharing arrangements for parents in child custody cases. However, this move has ignited a broader conversation about the challenges high-profile divorces pose for children. But what should celebrities be looking out for?

Prioritising Children’s Wellbeing

Divorce is undoubtedly challenging, and it becomes even more complex when it’s played out in the public eye. Children caught in the midst of a high-profile divorce can face unique and sometimes overwhelming challenges. It’s essential for both parents to remember that their primary responsibility is to safeguard the emotional and psychological wellbeing of their children.

Private Matters, Public Impact

While celebrities may be accustomed to living their lives in the public eye, the impact of a high-profile divorce on children remains the same. Constant media scrutiny, public opinion, and the potential for one-upmanship in the press can add tremendous stress to an already difficult situation. Shielding children from this unnecessary exposure should be a top priority.

The Role of Mediation

In high-profile divorces, involving a skilled mediator can be a game-changer. Mediation offers a confidential and structured environment where both parties can discuss issues related to their divorce, including child custody and support, without the added pressure of public scrutiny. It promotes cooperation and problem-solving, which ultimately benefits the children.

Final Thoughts

In the midst of the Sophie Turner and Joe Jonas saga and similar high-profile divorces, it’s essential to remember the children’s interests. Sophie’s determination to protect her children’s connection to the UK is understandable. Her life and work are here, and the girls have a foundation in the UK. Joe should return their passports, allowing the children to settle into a life both parents once believed was best for them.

The path forward should prioritise co-parenting, with options for school holidays and visits in the United States. Recent developments indicate a temporary ceasefire, with both parents agreeing to keep their children in New York State for now.

The bitterness surrounding this situation has led many to rally behind Sophie, as women, in particular, speak out in her favour. It’s a powerful reminder that, in high-profile divorces, the court of public opinion often leans toward protecting the wellbeing of the children involved.

Amidst the turmoil, it’s essential for Joe and Sophie to remember that their daughters’ happiness and security should guide their decisions, not the desire to win a public relations battle. For the sake of their daughters,’ it’s time to prioritise co-parenting, cooperation, and their best interests.

While the media may continue to sensationalise these stories, it’s crucial for parents and society at large to continue to emphasise the wellbeing of the children involved. Remember, we must put the children first and avoid using divorce proceedings as a public spectacle for personal gain.

Read more articles by Chris Sweetman.

About Chris Sweetman

Chris Sweetman is an independent family solicitor and director of Fair Result – An award-winning law office who pride themselves on using innovative ways to help clients through the stress and complications of a marriage break down.

Chris can be contacted on 07500933818 or via email chris@fair-result.co.uk.

The Pros and Cons of Nesting
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The Pros and Cons of Nesting

Connie Atkinson
Connie Atkinson
Partner
Kingsley Napley
Rachel Freeman
Rachel Freeman
Partner
Kingsley Napley

 

 

 

 

 

 

 

 

The recent news that Canadian Prime Minister Justin Trudeau and his wife Sophie are separating after 18 years of marriage hit the headlines not only because they are a high profile couple on the political world stage but because they intend to opt for a nesting pattern of co-parenting their three children from here on – an approach which is also growing in popularity on this side of the pond. In this article Kingsley Napley Family Law partners Connie Atkinson and Rachel Freeman explore the pros and cons of nesting arrangements for separating couples.

What is a nesting arrangement?

It is an arrangement which sees children remain in the family home while the parents take it in turns to leave and live elsewhere for short periods. A second, usually smaller, property is rented or purchased and each parent stays there when they are not in the family home with the children.  In some families, where finances permit, each parent has their own separate property where they live when they are not in the family home.

What are the pros for children?

In the right circumstances, birdnesting gives children and parents time to adjust to a separation without significant changes being imposed immediately. Children often crave stability when parents decide to split and being able to remain in their home while navigating their feelings around their parents’ separation can be helpful.

If children remain in the family home, they can maintain their routines and local friendships and remain at the same school, clubs and activities.  Children avoid having to shuttle between two homes and retain the familiar and safe space in their bedroom with all their belongings in one place.

What are the cons for children?

In reality birdnesting is only likely to work for a small number of families and in many cases only for a short period of time. Children need to adjust to the reality of their parents’ separation which includes a new home and bedroom with the other parent. In some cases the former family home is going to be sold at some point and so there will be a change of environment for children in any event. If birdnesting is attempted in unsuitable cases, it can risk creating (or sustaining) a toxic environment for children in what is supposed to be their safe space.

What are the pros for parents?

In the right circumstances birdnesting gives parents time to adjust to the separation too and avoid the need for numerous moves before buying a new home. It can also help remove the pressure of agreeing arrangements for the children immediately upon separation.

Parents might feel strongly about minimising disruption to their children, particularly if they themselves have unhappy memories of moving between two homes on divorce in their youth.

Birdnesting can save costs, avoiding the need, for example, to buy two sets of bedroom furniture, clothes, toys and books.  It might offer a solution where the parents cannot afford two family homes upon divorce; with a nesting arrangement they only need one home big enough for a parent and the children and the other property can be much smaller.

What are the cons for parents?

In reality, birdnesting is unlikely to work long term. People move on at different paces following separation and it is not unusual for the parents’ views and priorities to take different directions as time moves on, which can make birdnesting more difficult. Birdnesting also becomes much more difficult if new partners are involved or when the separated spouses find a new relationship.

A downside of birdnesting is that it does not allow parents to move on and live independent lives. This is relevant in the context of the court’s usual approach on divorce which is to achieve a clean break between the parties where possible. Birdnesting means still running one, or even two, households together with all the costs, bills, food, cleaning, chores, maintenance and other admin that that entails. There are likely to be constant reminders of a former partner, seeing their belongings around or evidence of their daily routine and habits. Depending on the size of the property, parents might also have to use the same bedroom and bathroom as their former partner which can feel uncomfortable.

Birdnesting requires a lot of communication and organisation, particularly at the beginning when emotions can be very raw.

What practical tips might help to make nesting work?

  • Explore whether birdnesting will work by discussing your intentions and the practicalities in an appropriate forum such as mediation.
  • Parents need to have maintained a positive relationship on separation and be good at communicating with one another.
  • Agree a set of household rules and responsibilities, including how to deal with food shopping, bills, repairs, and who else can be in the home.
  • Have regular meetings to consider what is working well with the nesting arrangement and whether anything needs to be changed.
  • Employ a cleaner, especially for handover days.
  • Consider how personal belongings and communications will be dealt with to ensure each parent can maintain some privacy.

According to recent research by Coop Legal Services some 11% of divorced or separated parents in the UK have tried birdnesting and in the current economic climate it may well appeal to more separating couples, to avoid the costs of running two homes large enough for the children or if the family home cannot be sold.  Every family is different and the family’s individual circumstances and dynamics will dictate whether birdnesting works for the parents and their children and for the long or short term.

Read more articles by Kingsley Napley Family Law here.

About Connie Atkinson and Rachel Freeman

Connie is a Partner in the family team and has experience of dealing with all aspects of private family work relating to both finances and children. She is recognised as a Rising Star Legal 500 UK for Family: Mediation and ranked in Chambers UK as up and coming in Family/Matrimonial. Connie also won family lawyer of the year and national private client lawyer of the year at the Private Client Modern Law Awards 2023.

Rachel is a partner in Kingsley Napley’s family and divorce team. She specialises in dealing with financial settlements and the arrangements for children arising upon the breakdown of a relationship. Rachel is recognised in the Legal 500 and the Citywealth Leaders and Powerwomen Leaders lists.

Clients deserve quality and transparency: why unregulated firms need to be stopped.
Photo by Sergey Zolkin on Unsplash.
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Clients Deserve Quality & Transparency: Why Unregulated Firms Need to be Stopped

Nicki Mitchell
Nicki Mitchell
Partner
Jones Myers

I welcome the news that The Competition and Markets Authority (CMA) is to investigate claims of people being misled about the process and prices of divorces and wills by online firms.

The enquiry into the growing number of online services – many of which are unregulated and include  those offering divorce – comes after a raft of complaints from consumers who were unclear about what help they would receive -and exactly what they were paying for.

Their grievances included ‘inadequate quality’ with incorrect forms being used and papers being sent to court late.

Delivering a quality service and being open about the costs and level of support involved is always vital, particularly in these sensitive and often stressful areas.

When they see the word “divorce,” most couples understand that to mean not only the process of dissolving the marriage or civil partnership – but getting a financial settlement and resolving any issues around children too.

My experience is that the fixed fee quoted online by some organisations just brings the relationship to a formal legal end – something which divorcing couples can do relatively easily themselves online. This process does not take much time and the only cost involved is the £593 court fee.

When working with established family lawyers like us, aside from the court fee, there is often a minimal or even no charge for dealing with the online divorce process when we are instructed to advise on the financial implications.

Some firms also quote a fee for drafting an order to formalise an agreed financial settlement which can be helpful in some cases.  However, most separating couples have no real idea what their financial options on divorce are.

There is a common perception/misconception that everything is always split down the middle, but this is not necessarily the case.

The law requires there to be a settlement which is “fair in all the circumstances,” with first consideration being given to the needs of any children. A 50:50 split is not always “fair.”

The only way to understand what a court is likely to consider acceptable in your particular circumstances is to take advice from an experienced family lawyer.

There is a cost but, in most cases, you get what you pay for – a quality service from qualified family lawyers whose firms are regulated and transparent.

As part of the CMA investigation, consumers and others who would like to contact the CMA about their experiences with online services and regulated firms are asked to contact the watchdog by September 4 on this website.

If the watchdog’s investigation determines that organisations have violated consumer laws, those found wanting could be subject to a court order.

I sincerely hope the outcome will act as a deterrent to prevent more people falling prey at a time when they are at their lowest and most vulnerable.

For progressing divorces online, the Government website is a helpful source of advice.

Read more articles by Nicki Mitchell.

About Nicki Mitchell

Nicki is a partner at Jones Myers Family Law Solicitors. With extensive experience in family law, Nicki specialises in the financial aspects of relationship breakdown – and particularly complex cases involving family businesses, multiple properties, and complicated pension arrangements.

Skilled in mediation and collaborative family lawyer, Nicki is also a Child Inclusive Mediator which enables her to meet with children of separated parents and hear what they want for their future.

Tips For Settling an Amicable Divorce: Navigating With a Gentle Approach
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Tips For Settling an Amicable Divorce: Navigating With a Gentle Approach

Jennifer Bell
Jennifer Bell
Conflict Resolution Specialist

Going through a divorce can be an emotionally challenging time, but it doesn’t always have to be filled with conflict and animosity. When both parties approach the process with understanding and empathy, an amicable divorce can be achieved. In this article, we’ll explore some valuable tips to help individuals beginning or settling divorce proceedings navigate the path of separation with a gentle, happy, and clear approach. Remember, the support of a compassionate divorce attorney can make all the difference in ensuring a smooth and amicable divorce.

Communication is Key:

Open and honest communication is the foundation of an amicable divorce. Approach discussions with a willingness to listen and understand each other’s perspectives. Keep conversations respectful and focused on finding common ground, allowing you both to move forward positively.

One of the keys to successful communication during a divorce is active listening. When we truly listen to our partners, we validate their feelings and show them that their thoughts and emotions are important to us. It’s essential to set aside distractions during conversations and give each other undivided attention. Avoid interrupting, and instead, take turns expressing your thoughts and feelings. Remember that communication is a two-way street, and actively participating in the process can foster a sense of mutual understanding.

Choose the Right Divorce Attorney:

Selecting the right divorce attorney can significantly impact the tone and outcome of your divorce. Look for a lawyer who prioritises mediation and collaboration rather than confrontation. A compassionate divorce attorney can guide you through the process with care, emphasising mutual solutions and striving for an amicable resolution.

When searching for the right divorce attorney, consider seeking recommendations from friends or family who have been through similar experiences. Look for someone who has experience in handling amicable divorces and values the importance of maintaining a positive relationship between both parties. During your initial consultations, pay attention to their communication style and whether they actively listen to your concerns. Remember that a lawyer who understands the emotional aspects of divorce can provide valuable support and legal guidance.

Prioritise the Wellbeing of Children:

If children are involved, their well-being should always take precedence. Keep their best interests in mind and strive for a parenting plan that ensures a stable and nurturing environment. Co-parenting with mutual respect fosters a sense of security for the children during this transitional phase.

When discussing child custody arrangements, remember that consistency and stability are vital for children’s emotional well-being. Focus on creating a parenting plan that allows both parents to be actively involved in their children’s lives. Be flexible and considerate of each other’s schedules and commitments. If necessary, seek the help of a child specialist or family therapist to ensure the plan’s suitability for your children’s unique needs.

Practice Empathy and Understanding:

Divorce can bring up intense emotions, but try to approach the situation with empathy and understanding. Acknowledge your emotions and allow your partner to express theirs without judgment. Practising empathy can lead to more constructive conversations and pave the way for an amicable settlement.

Empathy involves putting ourselves in our partner’s shoes and trying to understand their feelings and perspectives. When conflicts arise, take a step back, and try to see the situation from their point of view. This approach can help de-escalate tense situations and foster a sense of mutual respect. By showing empathy, you can create a positive environment that encourages cooperation and compromise.

Consider Mediation:

Mediation can be an effective way to resolve disputes in a non-adversarial setting. A skilled mediator can help facilitate discussions and assist both parties in reaching agreements that work for everyone involved. Opting for mediation often reduces stress and legal expenses, making the process smoother for everyone.

During mediation, a neutral third party works with both spouses to identify common goals and explore potential solutions. Mediation sessions provide a safe space for open communication and creative problem-solving. This process allows couples to maintain control over decisions regarding their divorce rather than leaving them in the hands of a judge.

Be Willing to Compromise:

Compromise is essential in any amicable divorce. Focus on finding solutions that meet the needs of both parties, rather than trying to “win” every aspect of the settlement. Being flexible and willing to give and take can lead to a more harmonious resolution.

When discussing issues such as asset division or alimony, consider the bigger picture and the long-term benefits of compromise. Avoid getting fixated on small details that may not significantly impact your future. The willingness to compromise demonstrates a commitment to resolving conflicts peacefully, which can lay the foundation for a positive post-divorce relationship.

Protect Your Financial Interests:

Even in amicable divorces, it’s crucial to protect your financial interests. Be transparent about assets and debts, and work together to divide them fairly. Consulting with a financial advisor can provide additional clarity and ensure a stable financial future for both parties.

Before making any financial decisions, gather all relevant financial documents, including bank statements, tax returns, and investment accounts. With the guidance of a financial advisor, you can analyse your financial situation objectively and create a plan that aligns with your future goals. Additionally, consider updating beneficiaries on insurance policies and retirement accounts to reflect your new circumstances.

Take Time for Self-Care:

Divorce can be emotionally draining, so it’s essential to prioritise self-care. Engage in activities that bring you joy and relaxation, such as spending time with supportive friends and family, pursuing hobbies, or seeking professional counselling if needed.

Self-care during divorce involves nurturing both your physical and emotional well-being. Regular exercise, a balanced diet, and sufficient rest can contribute to better emotional resilience. Surround yourself with a support network of friends and loved ones who can provide emotional comfort and encouragement. Remember that seeking professional counselling can be beneficial, as it provides a safe space to process your feelings and emotions.

Keep the Future in Mind:

Focus on building a positive future for yourself post-divorce. Letting go of resentments and negative feelings can be challenging but is essential for personal growth. Concentrate on the opportunities ahead and the chance to start anew.

Instead of dwelling on the past, embrace the possibilities that lie ahead. Set new personal and professional goals, and take steps towards achieving them. Keep in mind that while divorce marks the end of one chapter, it also opens the door to new beginnings and opportunities for personal growth.

Celebrate Achievements:

As you progress through an amicable divorce, take time to celebrate the achievements you and your partner make along the way. Each step towards a fair settlement and a respectful separation is a milestone to be proud of.

Celebrate moments of compromise and successful communication. Recognise the efforts you and your partner put into maintaining a positive and respectful divorce process. Celebrating achievements, no matter how small they may seem, can reinforce the commitment to an amicable resolution.

Settling an amicable divorce requires a gentle and understanding approach, as well as a commitment to open communication and cooperation. By following these tips and seeking the guidance of a compassionate “divorce attorney,” you can navigate this challenging time with grace and positivity. Remember, putting the well-being of any children involved first and practising empathy can lead to a smoother transition and the chance for both parties to move forward with hope and happiness.

About Jennifer Bell

Jennifer Bell is a recent divorcee, conflict resolution specialist, and writer for divorce lawyers in the Philadelphia area.

Step-by-Step Process to No-Fault Divorce in the UK
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Step-By-Step Guide to No-Fault Divorce in the UK

Chris Sweetman
Chris Sweetman
Director
Fair Results

A No-Fault Divorce is a legal procedure that enables a married couple to end their union without having to establish that one partner was at fault for the marriage’s dissolution. Therefore, neither spouse is required to present proof of infidelity, abandonment, or any other type of marital impropriety.

Understanding the no-fault divorce procedure is important for a number of reasons. For starters, it can dramatically minimise the mental stress and turmoil that is sometimes associated with divorce processes. Couples can focus on addressing issues without having to assign blame. Secondly, it can speed up the divorce process by eliminating the need for long investigations or trials to determine fault. Finally, it allows spouses to keep a sense of discretion regarding the reasons for their divorce, which can benefit all parties involved, particularly children.

Understanding No-Fault Divorce

A no-fault divorce is one in which neither spouse is legally obliged to show that the other is to blame for the dissolution of the marriage. Contrast this with a fault-based divorce, when one side is blamed for bad behaviour like infidelity or abuse. In a no-fault divorce, the couple just needs to say that their union has irretrievably fallen apart and leave it at that.

No-fault divorce, in the history of British family law, is a relatively new idea – coming into effect on 6th April 2022. Societal developments and shifting attitudes regarding marriage resulted in adjustments to divorce laws.

There are various advantages to a no-fault divorce:

  • Reduced Conflict: Not having to prove fault decreases conflict and stress between the parties, which is especially advantageous when children are involved.
  • Faster Procedure: Because there is no requirement for investigations or proof of fault, the divorce process can be expedited.
  • Privacy: Couples can keep their divorce grounds private, which can be less detrimental to their reputations and personal lives.
  • Emotional Well-being: The lessened conflict and accelerated process can benefit both parties and the emotional well-being of any children involved.

Eligibility Criteria

Before you petition for a no-fault divorce in the United Kingdom, you must first grasp the eligibility requirements. This section will walk you through the steps necessary to proceed with a no-fault divorce.

Residency Requirements

In order to petition for divorce in the United Kingdom, at least one spouse must be:

  • Resident in England or Wales, or
  • Domiciled in England or Wales if you are living abroad.

Duration of Marriage

Before you may apply for a divorce in the UK, you must have been married for at least one year.

Mutual Agreement

While mutual consent is not required for no-fault divorce, it can make the process go more smoothly. It might speed up the procedure if both parties agree that the marriage has irreparably broken down.

Grounds for No-Fault Divorce

The sole foundation for a no-fault divorce is that the marriage has irretrievably broken down. However, you are not required to present proof of any misconduct. It is sufficient to indicate that you and your spouse have disagreements that cannot be resolved.

Preparing for the Divorce Process

It is critical to be well-prepared before beginning the process of filing for a no-fault divorce. This section will walk you through the measures you should take to prepare for divorce.

Gathering Necessary Documents

Begin by gathering all of the paperwork you will require during the divorce procedure. These are some examples:

  • Marriage certificate
  • Financial documents (bank statements, tax returns, etc.)
  • Property deeds and mortgage statements
  • Documents related to any debts
  • Pension statements

Seeking Legal Advice

Even in a no-fault divorce, it is important to get legal counsel. A solicitor can assist you in navigating the process, advising you on your rights, and negotiating divorce financial settlements and child custody agreements.

Understanding the Financial Implications

Divorce can have a big impact on your finances. It’s crucial to:

  • Analyse your present financial status.
  • Recognise the costs associated with the divorce procedure.
  • Think about how your debts and assets will be allocated.
  • Make financial preparations for life after divorce.

Considering the Impact on Children and Family

If you have any children, their welfare should be your first priority. Think about how you can lessen the effect of the divorce on them. This can include:

  • Discussing the divorce with your children in an age-appropriate way
  • Making plans for their future residence
  • Ensuring that both parents are available to them
  • Taking into account their emotional needs and, if necessary, seeking counselling

Setting Realistic Expectations

Setting reasonable expectations for the divorce process is critical. Recognise that it can be both time-consuming and emotionally draining. Prepare to negotiate and potentially make compromises.

Creating a Support System

Having a support network in place can be quite beneficial during the divorce process. This could include:

  • Friends and family
  • Support groups
  • Counselling or therapy
  • Legal and financial advisors

Step-by-Step Guide to Filing for No-Fault Divorce

When you are ready, you can begin the process of filing for a no-fault divorce. Here is the divorce process flowchart & a step-by-step guide:

The Divorce Process, Step-by-Step
Divorce process breakdown flowchart.

Step 1: Preliminary Considerations and Preparations

Before filing, make sure you’ve thought about the consequences and are prepared, as outlined in the ‘Preparing for the Divorce Process’ section.

Step 2: Filing the Divorce Application

The ‘petitioner’ is the one who initiates the divorce. The petitioner must fill out a D8 divorce application form, which can be done online or by mail. You will state that the marriage has irretrievably broken down in a no-fault divorce.

Step 3: Serving the Divorce Papers to the Other Party

The other spouse, referred to as the “respondent,” must be served with the divorce papers after the application has been submitted. A copy of the application and a response form will be sent to them.

Step 4: Responding to the Divorce Application

Eight days are given for the respondent to respond to the divorce petition. They can accept the divorce or they can object to it. If they concur, the divorce is regarded as uncontested. If they can’t agree, it will be a defended divorce, which might make things more difficult.

Step 5: Negotiating Settlements and Agreements

Financial settlements, property division, and, if applicable, child custody and support, must all be agreed upon by both parties. You can accomplish this through mediation or a lawyer.

Step 6: Applying for the Decree Nisi

The petitioner may submit a decree nisi application after agreements have been reached. According to this document, there is no legal reason why you can’t get a divorce.

Step 7: Applying for the Decree Absolute

The petitioner may apply for the decree absolute six weeks after receiving the decree nisi. The marriage has been legally ended by this document. The divorce is finalised after this is granted.

Note: Attending Court Hearings (if necessary)

You might need to appear in court proceedings if the divorce is disputed or if there are problems that cannot be settled through discussion.

Post-Divorce Considerations

After the divorce is official, there are a number of things to think about and actions to take to begin your new life successfully.

Financial Planning After Divorce

Following a divorce, your financial circumstances may drastically change. It is critical to:

  • Make a fresh budget that matches your current income and expenses.
  • Bank accounts, insurance policies, and other financial products should all be updated.
  • Consider consulting with a financial professional for advice on managing finances after a divorce.

Co-Parenting Arrangements

Co-parenting will be a significant part of your life after divorce if you have children. Here are some tips for successful co-parenting:

  • Discuss the children with your ex-spouse in an open and courteous manner.
  • Keep the best interests of the children in mind.
  • Be adaptable and willing to make concessions on timing and other difficulties.
  • Consider using co-parenting applications to organise schedules, communicate, and share child information.

Updating Legal Documents

After divorce, it’s important to amend legal documents, including:

  • Your will
  • Beneficiaries on insurance policies and retirement accounts
  • Emergency contacts
  • Any powers of attorney

Focusing on Personal Growth & Wellbeing

Make the most of this period by focusing on personal development and restoring your life.

  • Setting new goals for your career, personal life, and hobbies is one example.
  • Participating in activities that provide you joy and fulfilment.
  • Consider counselling or therapy to help you go through your emotions.

How Can Fair-Result Help you Deal with a No-Fault Divorce?

Overall, divorce proceedings are complex, covering legal procedures, emotional well-being, and huge life changes. Individuals can manage this shift more smoothly if they focus on preparation, knowledge, and support. It is critical to approach the process with clarity and to seek the resources and assistance that are required.

And having the correct assistance and guidance is critical as you negotiate the difficulties of no-fault divorce. Fair-Result is here to help you get through this difficult period. So, if you require legal or financial assistance, feel free to contact our team.

More articles by Chris Sweetman.

About Chris Sweetman

Chris Sweetman is an independent family solicitor and director of Fair Result – An award-winning law office who pride themselves on using innovative ways to help clients through the stress and complications of a marriage break down.

Chris can be contacted on 07500933818 or via email chris@fair-result.co.uk.

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