mediation - Page 14

Can I apply for a divorce whilst we are in lockdown?

The simple answer is yes you can.

Whether you have made the recent decision to divorce, or if you now have the time to do so, the Courts are still open and processing divorce petitions.

As long as you can demonstrate that your marriage has irretrievably broken down you are free to start the process.

You will need to consider the grounds for divorce which are separation of 5 years, separation of 2 years and you both consent to the divorce, the other party’s adultery or behaviour or desertion.

You will also need either your original marriage certificate or a certified copy and then you can action your divorce – or we can on your behalf.  As the Courts have moved to an online system recently for divorce, the time frame is considerably shorter than it was.

Can I still make a financial application to the Court during lockdown?

As mentioned above, the courts are still open and are conducting hearings remotely, so yes, you can make an application and it will be considered either by the Court or alternatively you may be attracted to alternative dispute resolution – in other words, mediation, collaborative law, private hearings or arbitration.

If you issue within the Court arena then the timetable will be set as has always been the case.

There are changes inevitably with the pandemic, for example the First Appointments are generally dealt with on paper rather than by a hearing.

The other hearings: the financial dispute resolution hearing and final hearings though are being dealt with by the Courts wherever possible, either on the telephone or via video link.

Inevitably this can cause some problems if people do not have the technology – although most people have a telephone.

The key is to consider which approach would work best for you – sometimes having the Court process in the background whilst exploring say a private FDR can be hugely helpful and speed the process up as well.

Can I obtain a new house valuation for my financial case?

As we all know things are different at the moment. The property market has been paused for some time, although things are slowly starting to move with estate agents reopening and socially distanced viewings taking place.

You will need to be guided by professionals in terms of the actual impact on the value of the house, – some people are finding that their house value has fallen – sometimes by as much as 10% or even more, whilst others are being told that their property is in a bubble and may in fact attract a premium.

We would advise everyone to consider carefully the value of their property and speak to their valuer – our advice would be to get an updated valuation.

The relevance of a new valuation will depend upon the stage of the proceedings you have reached.  If you have already finalised your case pre covid then you should seek specialist advice as to whether there is any possibility of you revisiting that order.

This is a complex area of law and each case will be judged on its own merits so please act quickly if you find yourself in this situation. If you have not yet reached an agreement or had a final order then we would advise you get a new valuation.

Can I still co-parent during lockdown?

It should be straightforward to make arrangements and co-parent during lockdown, as the Government confirmed that children are permitted to move between the households of separated families.

What you should do as parents is make a sensible assessment of the circumstances and consider the health & wellbeing of everyone in each household before deciding what the arrangements should be.

If you have any serious concerns about the child arrangements or your child is not returned after spending time with the other parent, an urgent application can be made to the Family Court to determine this short-term issue.

A Judge will scrutinise the actions of both parents and determine what is a reasonable and safe arrangement. If you find yourself in this situation, you should seek specialist advice from a family lawyer as the Court hearing itself would be held remotely via telephone or video.

During lockdown some separated families are finding it difficult to co-parent and decide whose responsibility it is to home school the children.

Where possible, virtual online and home-schooling materials should be shared between both parents. It is important that both parents play an active role, even if this is done virtually with the absent parent supporting the child with homework.

STAY POSITIVE!

We know it’s tough but try not to feel overwhelmed by negative thoughts and feelings of helplessness.

While the situation is undeniably difficult, this won’t be our reality forever and it’s important to look after yourself during this pandemic. We all need hope so try and remain positive during this difficult time.

If you do require advice and assistance with your divorce, then it is important to seek specialist advice from a team of professionals. If you are struggling emotionally with being in lockdown with someone who you have separated from, there are other support networks that can assist.

About Stacey St. Clair

After completing my law degree at the University of Brunel, I undertook my LPC at The College of Law in London. I completed my training at a reputable firm in Beaconsfield and qualified in 2011.

Since qualifying, I have specialised in family law and before joining Hawkins Family Law, worked at a large family law practice based in London. I joined Hawkins Family Law in 2016 and have extensive experience in all areas of family law, dealing with complex financial disputes and sensitive cases involving children.

My experience includes cases involving substantial income and capital, both in this country and abroad, as well as a variety of financial, business disputes and substantial pensions. I advise on Pre and Post Nupital agreements.

I am able to negotiate and advise on arrangements for children, including specific issues about schooling and relocation out of the jurisdiction. I am Resolution accredited and committed to assisting client to reach a solution without unnecessary conflict.

I often represent clients in Court, undertaking my own advocacy for disputes relating to injunctions, occupation of the family home and urgent welfare issues regarding children. My clients feel supported throughout the process and my aim is to give clear constructive advice.

My priority is listening to my clients’ needs and objectives and then adopting a holistic approach, with compassion and empathy. Where possible, I always seek an out of Court settlement to help alleviate the stress of a family breakdown.

I am an experienced collaborative lawyer, and I will always prioritise my clients’ interests and objectives first and take a practical, no nonsense approach to cases. I combine knowledge and experience with empathy to ensure my clients know they are in safe hands and fully supported.

My experience in advising on complex financial remedies, private children law and co-habitation is recognised by Resolution’s specialist accreditation scheme.

Links

Website – https://hawkinsfamilylaw.co.uk/

Twitter – https://twitter.com/hawkinsfamilyl1

Facebook – https://www.facebook.com/hawkinsfamilylaw

Instagram – https://www.instagram.com/hawkinsfamilylaw/

For families everywhere Christmas can be a tricky time.

Rows about whose family to visit, relatives we’d rather not see and who is cooking the Christmas dinner can all threaten to spoil what should be the most wonderful time of year.

Add divorce and child arrangements to the mix and the festive season can become even more frosty.

Consider mediation

Christmas is all about the magic of children running downstairs to open their presents. This is what parents want to experience most and it can be difficult to make plans they agree on if they have divorced or are separated.

Arrangements may already be in place, so it is all about finding compromises and working out how the child can spend a good amount of time with each parent over the festive period.

One of the best options is to consider mediation – the face-to-face interaction this process offers can help both parents to understand how each other is being emotionally affected.

It also gives them a chance to air their thoughts and feelings, something which can’t be communicated as easily through letters and emails.

Dealing with cases this way can help warring parents to realise the impact their own actions could have on their children and the wider family.

Getting parents to view an issue from the other side can be quite compelling as it can make them think about their own behaviour and perspective.

The Government insists mediation is tried before disputes end up in court and there is also no public funding for this type of issue, so mediation is a much better option.

If there is no agreement, the courts will get involved. They will always try to be fair wherever possible, which means aiming for equal time between the two parents.

Be reasonable with your expectations

One issue which we have seen cause tension is over the Christmas presents a child receives from one parent and how they want to take them between both homes. We’ve seen situations where parents insist that a gift does not go to the home of the other parent.

Children should feel free to take their gifts between houses as they may want to show the other parent what they’ve got for Christmas. Parents need to be reasonable and allow this to happen.

There also needs to be an acceptance that gifts can break and if this happens at the other parent’s house this does not mean it is the fault of that person. These things need to be explored and understood by both parties.

Communication is key

When it comes to gift giving it is vital to communicate. Some parents still jointly buy presents but usually separated parents have their own individual budgets. They need to consult each other so that gifts aren’t duplicated by mistake.

If there is a financial imbalance between the two parents, agreeing a set budget will also stop any feeling of unhealthy competition regarding gift expense.

Alternatively, it should be made clear to a child that if they are receiving an expensive gift that it’s not coming from just one parent but the extended family on that side.

This prevents one parent feeling embarrassed or an ‘inferior’ parent if they can’t afford the same level of gift.

Be aware of family members overseas

Sometimes families have Christmas plans which involve travelling abroad to visit extended family. If this is the case, then you have to remain child-focused and realise that this is a life experience for the child Parents should not put their own opinions and desires before that.

Plus, with technology such as Skype and FaceTime, it is a lot easier for children to communicate with the other parent even if they’re far away.

Involve children in decision-making if appropriate

All children mature at different times and there may be other dynamics at play that sometimes hinder their ability to make a decision – especially as they won’t want to upset either parent.

But they should be included in decision-making if parents deem it appropriate. They need to appreciate the child’s wants and needs over their own.

The best thing at Christmas is for a child to see both parents being civil and accommodating to one another and making an effort to get on well.

Children should not see the conflicts between parents.

Trying to put the needs of the child first will help ensure a trouble-free Christmas that everyone in the family can enjoy.

Click here for more articles by Matthew Clemence

ABOUT MATTHEW CLEMENCE

Matthew qualified as a solicitor in 2001 following completion of his training at a prominent law firm in East London.

Matthew originally joined Prettys in 2003 before leaving to head up the family law team in a firm based in Newmarket in 2009.

Matthew has now re-joined Prettys as a Senior Associate bringing with him a wealth of experience to the family law team.

Notably, Matthew was the husband’s solicitor in the Wright case which received worldwide publicity following the decision passed down by The Court of Appeal involving spousal maintenance, the result of which has dramatically changed the legal landscape in this area of law.

Consequently Matthew now receives instruction from clients both in the UK and abroad seeking advice in this particular area.

In addition, Matthew advises clients on all issues arising from family matters, including divorce, financial resolution, children disputes, pre/post marital agreements as well as financial resolution with cross jurisdictional elements, businesses, trusts and land.

Matthew is collaboratively trained and a member of Resolution.  He is committed to resolving all family matters outside court wherever possible.

prettys.co.uk

e mclemence@prettys.co.uk

t 01473 298337

Could a single legal adviser be the pathway to a quicker, cheaper and less traumatic divorce?

We all know someone who has been through a toxic divorce, battling over children and finances in a legal system that seems designed to ratchet up confrontation and cost.

In my day to day practice, I rarely see divorcing couples walk away having spent less than six figures in costs.  The process is terribly slow and adversarial and the emotional cost is enormous.

Ours is the UK’s first service to offer impartial legal advice to both parties at the same time in a bid to reduce conflict and take pressure off the overwhelmed family court system.

What happens at present is that if you are thinking of getting divorced, both partners within a couple appoint their own solicitors from day one. The two parties often give very different ‘takes’ on the facts to their respective solicitors and it can take several months for all that information to be exchanged and for everyone to see the true picture.

We are turning the current model on its head. If we know what’s really happening and what the financial picture is on day one, we can tell you how the court will view it and get the couple talking before they become entrenched in battle or develop unrealistic expectations.

For a fixed fee (in the region of £4,750 plus VAT) each couple has two meetings at the Temple chambers with a family law barrister; a brief introductory session held separately and then a joint advice session together to outline a realistic outcome, which is followed up with a detailed written advice. Typically, the process takes 6-8 weeks.

In fact it’s not new – single source legal advice is the norm in much of Europe, but in the UK solicitors are subject to conflict rules which bar them from advising both parties.  Not so for barristers.

Evidently, it’s not for everyone. Couples need to be in agreement about their asset pool – the onus is on them to prepare their own financial disclosure after the first meeting. Any allegations of non-disclosure – or child safeguarding or abuse issues – and they are advised to instruct separate solicitors. Some 20 per cent fall away in the first (free) screening.

For the vast majority of clients, finances are the key concern, but child arrangements and parenting plans can also be considered at a separate session.  Most important is that it’s not exacerbating conflict.  The aim is to avoid going to court which is so difficult for families – couples fall out over money and they end up in a nuclear winter where every interaction from then onwards is subject to conflict.

So far, the meetings have proved surprisingly calm: The individual sessions are where people can vent if they need to. The joint sessions are quite civilised because the couples are there to get our legal expertise – it’s not an interactive process like mediation.

What also helps is when they hear the other party receive unwelcome advice. Divorce is always a compromise – it’s good to hear that they both have to give a bit. Ultimately, the sooner couples get to the answer, the sooner they can rebuild their lives on the other side of divorce.

About Samantha Woodham and Harry Gates 

Samantha Woodham and Harry Gates are both family law barristers at 4 Paper Buildings. They are each recognised as leading individuals in both the Legal 500 and Chambers and Partners. Their private practices encompass both financial remedy and private law children work.

Alongside this they have set up The Divorce Surgery, a unique service which allows couples to obtain joint, impartial advice at any stage of the divorce process

The Divorce Surgery won the Best Client Service Innovation Award at the Lawyer Awards in June and the Best Client Management Innovation Award at the Legal Week Awards in May. It has been named by the Financial Times in the FT50 Most Innovative Law Firms in Europe.

www.thedivorcesurgery.co.uk

@DivorceSurgeon

In legal terms, divorce is, essentially, the ending of a contract and ideally the parties should work together to bring it to an amicable close, or at the very least, a civil one which both people accept as being reasonably fair.

In the real world, however, divorce can be an unpleasantly sticky mess which family courts have to clean up as best as they can.

The basic ground rules of divorce in the UK

The number one ground rule of divorce in the UK is that if a couple has minor children, their perceived welfare comes before every other consideration.

Family courts will not necessarily give the children exactly what they want (although judges will generally do everything they can to take this into consideration) but they will do everything in their power to provide them with what they need, even if it goes against the wishes of their parents.

After that, the aim of the process is basically to try to create a fair split (literally and metaphorically) so that both parties can move on with their lives.

The question of fairness

In England and Wales, traditionally, it has been considered fair to aim to split assets equally between both parties, regardless of which one was the breadwinner.

It has also been considered fair to order the breadwinner keep the other party indefinitely, so-called “lifelong maintenance”.

Up until relatively recently, this approach, was, arguably, if not necessarily fair, then very far from totally unreasonable. It recognized the fact that the party who “stayed at home with the children” (usually the woman) was making a contribution to the marriage and made it possible for the other half of the couple (usually the man) to go out to work.

It also recognized that younger children required care and that by the time they were old enough to fend for themselves, their carer (usually their mother) might struggle to find a decent job, especially if they had neither trade skills nor education.

That, however, was then, this is now. Women are not just able to work, they are the main breadwinners in about a third of households in the UK and marriages do not necessarily involve children.

In short, the world has moved on and the legal system needs to move on with it.

Laws and attitudes both need to change

In principle there should be absolutely no difference in what happens when a woman is the main breadwinner and what happens when a man is the main breadwinner.

The law itself makes no distinction between these two situations, the challenge is to change attitudes amongst those who apply it (who tend to be people who are middle-aged and older) so that they become less inclined to see women as being automatically in need of protection (meaning maintenance) and men as being necessarily always able to provide for themselves (and possibly others) on an indefinite basis.

The good news is that this change does appear to be trickling through, albeit possibly at a slower pace than some people would have liked.

The Maria Mills case, for example, has highlighted both the issues of the traditional open-ended maintenance system and the fact that judges are becoming more willing to push back on people, including women, who view it as a “meal ticket for life” and who therefore see themselves as entitled to depend on their former partner financially even though their children are adults and they, themselves, are quite capable of working.

Click here for more articles by Kerry Smith

 About Kerry

Kerry Smith is the Head of Family Law at K J Smith Solicitors. K J Smith Solicitors are experienced family solicitors in the Thames Valley area specialising in family mediation, estate planning and divorce and separation.