mediation - Page 21

262 result(s) found.

why work with a divorce lawyer
Divorces are extremely stressful and they can be further complicated when children are involved.
/

Why Work with a Divorce Lawyer

Published on
C&W LeeMarston
Lee Marston, Partner at Clough & Willis.

 

The doing away with Legal Aid has courted much controversy in the media, across the legal community and for those people who have been affected by its demise.

This has been coupled with a government sponsored push to drive compulsory Mediation Information Assessment Meetings (MIAMs) for those who are involved in a family dispute such as a divorce or a child custody case.

On the face of it, this is a typical – and sweeping – government tick-box exercise:

 

 
~ Cut the Legal Aid Bill? TICK

~ Push people towards taking up mediation in order to de-clutter the crowded court system? TICK

~ The only losers are the lawyers, so no public sympathy there? TICK

Well, no…. the reality isn’t the above as life isn’t as simple as the cosseted few who sit in the Westminster Village think it is.

In terms of non criminal or immigration Legal Aid work,  the governments’ spend was small potatoes – especially as a significant sum was recovered by getting a charge on property or receiving back costs from cash recovered/ preserved by the assisted person.

In children cases this was not the norm; but, like in financial claims, the application for public funding was still subject to a merits and means test. That way, the deserving and vulnerable received help and could be represented.

Before an application can be made to court for a divorce or child custody case, clients are now required to attend a MIAM.

The aim of the meeting is to see if mediation could be used to resolve their difficulties, rather than going straight to court.

Despite MIAMs being compulsory, there has been a dramatic reduction in take up – mainly because clients have not seen a lawyer who can make them aware of their choices.

The government’s new approach and its focus on mediation assumes:

~ That every person in a relationship is equal in strength and knowledge

why work with a divorce lawyer
Why work with a divorce lawyer? Divorces are extremely stressful and they can be further complicated when children are involved.

~ That there will be no problem establishing true disclosure for an informed decision

~ That there will be no problems agreeing the value of properties or shares

~ That there will be a reasonable approach to the financial need of the financially weaker party

~ That everyone knows the likely reaction of an existing mortgagee to a proposed agreement

~ That the implications of everyone tied to an existing mortgage are the same

~ That a mediator is someone who can give sound information as to the likely realms of a settlement

I would question every one of the above as I am increasingly coming across what I feel are under settled potential agreements. The fact of the matter is that people require the strength and expertise of a specialist family lawyer on their team.

Solicitors ensure full and frank disclosure and provide expert advice on settlement. By having that knowledge and experience on side, clients can make an informed decision; especially as all advice is tailored by a cost/ benefit analysis. That is, at each stage, comparing likely court imposed settlement to an offer made and balancing that with what further legal costs might be incurred.

Mediation can, of course, work if everyone involved is open, honest and trustworthy and as long as one party is not able to pressurise or browbeat the other.

However, the onus is now on the stretched Judiciary to mediate and impose its views, but this isn’t feasible due to the time it has available and the increasing number of litigants in person (an individual, company or organisation that is not represented in court by a solicitor or barrister) it deals with. These factors can result is many adjournments and it’s hard to be sure if there has been appropriate disclosure from both sides.

To sum up, divorces are extremely stressful and they can be further complicated when children are involved.

I passionately believe that clients shouldn’t go it alone as having a real person on their side who can guide them through the process, challenge where necessary and advise on their own set of circumstances will give them the best chance of securing a fair and just agreement.

www.clough-willis.co.uk

Lee Marston, became a partner in 2001 and heads up the Family Law team at Clough & Willis.

He is a Resolution Accredited Specialist in the financial side of divorce and children disputes. He was a founding member of the Family Law Panel in 2005 and has practised solely in Family Law for over fifteen years. He is particularly known for his vigour in pursuing his clients’ rights, especially when dealing with financial and parental issues.

You might be interested in

/

Divorce UK – Do Grandparents Have Rights?

Published on
Ann Corrigan
Ann Corrigan founder of Clarity Family Law

When it comes to divorce in the UK, do grandparents have rights?  If so what are they?

Having a close relationship with your grandchildren is one of the joys of growing older.

But even the closest relationship between grandparent and child can come to an abrupt end if the child’s parents get divorced and one parent decides to cut all contact with his or her in-laws.

Unfortunately, the grandparents, unless the child has been living with them for three years has no automatic right to see or have contact with their grandchildren under UK law.

This situation is one I often have to deal with and can leave grandparents and the children devastated.

The Grandparents’ Association estimates that more than 1 million children in the UK do not have contact with their grandparents.

So, is there anything the grandparents can do?

The first thing I’d say is that it’s always better to try and resolve the situation by appealing to the parent to allow you to see the children or to offer to take part in a mediation process.

A solution reached in this way is not only less expensive and quicker than a lengthy Court process, but likely to be far less disruptive for the family and especially the children involved, and cause less animosity for the future.

However, if this doesn’t work – there is another way.

Even though your rights as a grandparent are limited, you can apply for permission (or leave) to apply for a Child Arrangements Order.

Do Grandparents have Rights?
…more than 1 million children in the UK do not have contact with their grandparents

If permission is granted, you can then apply for an order. If either parent objects to this, though, you’ll have to attend a full hearing and will need expert legal representation.

During the hearing the Court will consider the following factors:

  • why the application is being made
  • how close you are to the child
  • whether there is any risk that the proposed contact could have any negative effect on the child’s wellbeing in any way.

You basically have to persuade the Court that you have a strong, ongoing and beneficial relationship with your grandchildren.

What is a Child Arrangements Order?

The Child Arrangements Order will set out whether the grandparents have been granted face-to-face visits or indirect contact, such as letters, video, text, Skype, e-mails and telephone calls.

I should say that the family Court does recognise how important it is for children to have contact with their grandparents and it is therefore not common for the Court to refuse a contact order unless there is a risk of harm to the children.

What if the parent does not obey the order?

Fortunately this doesn’t happen very often, but the Court can enforce an order if not obeyed by the child’s parents.

It’s always advisable to try to resolve any issues in an amicable way that is least disruptive to the child and to obtain legal advice at an early stage to ensure you don’t make matters worse.

When to face-to-face contact is not possible:

There are situations when the Court may only allow grandparents indirect contract and although this is obviously not ideal, it does at least offer you an opportunity to continue a relationship with your grandchildren.

In this situation, I always advise clients to try to establish a regular routine – for example getting in touch at the same time every week or month – so that the contact becomes a regular and expected part of the child’s life.

About Ann

Ann Corrigan is founder of Clarity Family Law, a specialist family law firm in Gerrards Cross, Buckinghamshire, offering discreet, expert advice on all aspects of divorce, including the division of high value assets, children disputes and issues surrounding unmarried families.

Follow Ann on Twitter – @ClarityFamily

 

 

 

You might be interested in

family law issues
Parents communicate better in mediation than they do in litigation

Divorce Advice – Your Question Answered

Published on
Ann Corrigan founder of Clarity Family Law
Ann Corrigan founder of Clarity Family Law

This is the first of a list of questions that we have for Ann Corrigan of Clarity Family Law.

There will be more to follow so keep a good look out.

If you would like a question answered then do contact us and we will get it answered for you.

I’m just about to start divorce proceedings and would really like to avoid going to court to resolve the financial issues. What would you advise?

If it’s at all possible to avoid going to court, you should because it will save you money and time and make the process a lot friendlier.

You have 3 options: Mediation, collaborative law and negotiation between solicitors.

The mediation and collaborative law options mean you are in control and set the pace. The key decisions about your future are made by you – meaning you reduce conflict from day one.

Mediation: A mediator will work impartially with you both and give you enough information so that you understand your options and can work together towards an agreed solution concerning your property, possessions, children and money.

Collaborative Law: Specialist collaborative lawyers sign an agreement (with you both) which disqualifies them from representing you in court if the process breaks down. Face to face meetings where you are each supported by your collaborative lawyer means that there is a collective incentive to reach an agreement.

About Ann Corrigan

Ann Corrigan is founder of Clarity Family Law, a specialist family law firm in Gerrards Cross, Buckinghamshire, offering discreet, expert advice on all aspects of divorce, including the division of high value assets, children disputes and issues surrounding unmarried families.

Follow Ann on Twitter – @ClarityFamily

You might be interested in

family law issues
Parents communicate better in mediation than they do in litigation
/

Is Collaborative Law Process Right for You? 10 Questions To Consider.

Published on
Austin Chessell www.thedivorcemagazine.co.uk
Austin Chessell

Collaborative law process is where the couple come together with their own collaborative lawyer and discuss matters fact to face.

There are no letters sent.

Each client instructs their own collaborative lawyer and they, the clients and the solicitors sign an agreement not to make an application to court. If no agreement is reached in the meetings then new lawyers must be instructed if the matter is to go to court.

Is collaborative law process the right one for you?  

Here are your 10 questions:

  • Has the relationship totally broken down? If it has not you may want to consider couple counselling with an organisation like Relate to see if any communication difficulties or other matters that have arisen can be resolved without ending the relationship. To locate a couple counsellor or psychotherapist in your area you can refer to the counselling-directory.
  • Has an agreement been made as to how the finances can be divided and how the childcare arrangements will work e.g. during the week, weekends and over the holidays?  If so, then consider working with a collaborative lawyer.
  • Would you prefer to decide what is going to happen to the family yourself or would you prefer for the Judge to make the decision for you? In my experience the separating couple knows what works for them. A judge will be provided with your background situation but what is ordered may not suit either of you.
  • How quickly do you want to resolve things between you? A court hearing can take around 6-8 weeks to get listed while Collaborative Law can work at a much quicker pace as you remain more or less in control of how the time is utilised.
  • Do you want to keep the discussions about the separation private?
  • Do you want the views of the children to play a part in the discussions? Some Collaborative professionals are trained to work with children. They need to have completed a direct consultation with children training, had a CRB check and obtain the written consent of both parents. If you go down the Court route it may be a CAFCASS officer who is appointed to work on the case and there can be several meetings which may not suit everyone’s schedule and it can take several weeks to receive the CAFCASS report.
  • There are legal issues to resolve but also one should not forget the emotional impact the separation can have. Do you want to address the emotional issues too? Collaborative practitioners can work with Family Consultants who can meet you before and take part in the joint meetings to ensure that any hopes and concerns are kept at the forefront of discussions while the Collaborative Solicitors look to aid you with the legal issues.
  • If an agreement is reached would you like to call on the opinion of a financial expert or barrister? This is possible in the collaborative process. It may be one client does not have the same financial or legal understanding as the other client and wants to meet a financial expert or barrister to ensure they are up to speed with what has been agreed and also discuss financial projections or legal implications for the future to check that what has been agreed will work in the long term.
  • Do you want to resolve everything out of court? This is possible with Collaborative Law. It is one of the main principles of this process that you will not make an application to court and if you do then your solicitor would need to stop acting for you. Court can encourage positional stances which may not achieve a good outcome for everyone.
  • Do you want to reality check what has been agreed with your former partner and ensure that it meets the needs of everyone? With children matters this can be important. Even though it may be agreed to separate and live in different households you are still going to need to liaise with each other for future childcare arrangements. Making sure what has been agreed will work can only aid building communication between you which is best for your child.
  • Do you want to reality check what has been agreed with your former partner and ensure that it meets the needs of everyone? With children matters this can be important. Even though it may be agreed to separate and live in different households you are still going to need to liaise with each other for future childcare arrangements. Making sure what has been agreed will work can only aid building communication between you which is best for your child.

The above should give you an indication if Collaborative Law may work and be the right process to follow for you and your former partner if you decide to separate. If you are unsure you can always speak to a Collaboratively trained Family Solicitor who can provide more details about how Collaborative Law works in practice.

Austin Chessell is a Professional Practice Consultant (PPC) at FAMIA across Inner and Greater London.

 Austin is also a Collaborative Family Solicitor at Feltons Solicitors and is a member of the Collaborative Pod group Essex Family Solutions.

 Email: achessell@feltonssolicitors.co.uk

Twitter: @FamilyLawLondon

 

 

 

You might be interested in

Please go to your post editor > Post Settings > Post Formats tab below your editor to enter video URL.
/

Children and Divorce – Child Arrangement Programme

Published on
Austin Chessell www.thedivorcemagazine.co.uk
Austin Chessell
Family Mediator and
PPC

Another interview with Austin Chessell of Feltons Solicitors where we talk about the new Child Arrangements Programme or “CAP”.

Are you going through a divorce and are struggling to come to a suitable parenting plan that will suit you and your children?

If you so then this interview is definitely for you.

Reaching a good and child-friendly co-parenting plan can be hard but with the Child Arrangement Programme, it’s possible to cope with divorce in a way that will work for you and the children and therefore lowering any negative effects of divorce on children of divorce.

In these interviews, Austin answers questions such as:

In Part 1 of The Child Arrangement Programme:

– What is a Child Arrangement Programme or “CAP”?

– Getting divorced, do we need to apply for a Child Arrangement Programme?

– Who can help me arrange for a Child Arrangement Programme?

– Can I represent myself in court?

– Do we need to go through family mediation or attend a MIAM?

In Part 2 of The Child Arrangement Programme:

– Once the Child Arrangement Programme procedure is underway how many hearing are there? or When will it all be resolved?– Who or what is CAFCASS?

– How can CAFCASS help?

– Do Children have a say in the Child Arrangement Programme?

– I want my time with my child to be reviewed will this happen?

– What is a fact finding hearing?

– What if I get an order and the agreement is not respected by the other parent is there anything I can do?

And much more.

You might be interested in

Step-Parent Alienation

Step-Parent Alienation

Published on
Women and Divorce
Wendi Schuller
Author of
The Woman’s Holistic Guide to Divorce

Parental alienation exists in the world of step-parents too and is commonly known as step-parent alienation.

These step-parents can get a double dose of it from either biological parent.

Parental Alienation is when a parent makes disparaging remarks about the other one.

The attacking parent wants the child to form an allegiance with them and not have a relationship with the absent one. The child is caught in the middle of a parental tug of war.

How does this apply to a step-parent?

During a marriage the biological mum may make snide remarks such as, “Thelma is overstepping her bounds” or “Thelma acts and dresses like a teenager.”

Comments may be made about the lack of nutritional meals and so forth. The children may be put into a bind where it is said or implied, that if they like Thelma, they are being disloyal to their mum.

A biological parent may be in a perceived power struggle with the step-parent. This competition can even be on a subconscious level.

One father resented the close relationship between his daughter and his new wife.

This Narcissist did not want to share the limelight with his wife, so he would make subtle putdowns regarding her competence. The father was attempting to alienate his daughter from the step-mother.

Eventually they divorced and his daughter maintained a relationship with her step-mother. Post-divorce, the biological mum asked the step-mum, “What took you so long to get a divorce?”

How to lessen the likelihood of step-parent alienation?

Some step-parents said they were proactive before marriage telling the kids that they were a family friend, and not a future parent.

Be upfront with step-kids that you respect their parents and are not a replacement. Cut the kids some slack, but do not tolerate disrespectful or rude behavior. Talk with your spouse to see if the other parent is trashing you to their kids.

Step-parent alienation www.thedivorcemagazine.co.uk
Asking about the child’s routine and advice reassures the parent that their parental position is not threatened

Step-mums have asked the biological parent out for coffee and clarified the friend role.  Asking about the child’s routine and advice reassures the parent that their parental position is not threatened.  A step-dad might have discussion with the father over a pint at the pub.

The important thing is that the children are not being forced to take sides.

Family mediation may be in order. When I was on a radio show, I had quite a few callers who asked about pre-marital counselling for second marriages when there were children. I think that is a great idea.

My step-mother’s family was so welcoming and treated me as if I were a blood relative. My maternal grandparents had died before I was born, so I was thrilled to gain another set. I had instant cousins who were close to my age.

My father was a jerk, so my step-mum ended up divorcing him. He was livid and said cruel things about her and the family post-divorce.

When I refused to listen to these remarks, he gave the ultimatum, “It’s either her or me.” It was an easy choice to make. My father stuck to his word, so we parted ways.

My father did step-parent alienation to the max to try and sever my relationship with my step-mother and her family after their divorce.

In most cases, step-parenting works after some trial and error.

Two step-dads each told me a nice wedding story. In one, the step-dad walked the bride halfway up the aisle. Then her biological father took over and gave the young lady away to the groom.

The second step-dad and the father together escorted the bride up the aisle to the alter for a memorable wedding.

Are you a step parent?  How are is it working for you?

CLICK HERE FOR MORE ARTICLES BY WENDI SCHULLER

ABOUT WENDI

Wendi Schuller is a nurse, hypnotherapist and is certified in Neuro-linguistic Programing (NLP).

Her most recent book is The Global Guide to Divorce and she has over 200 published articles.

She is a guest on radio programs in the US and UK. Her website is globalguidetodivorce.com.

Don’t forget to subscribe to our youtube channel www.thedivorcemagazine.co.uk  today

 

Photo by Caroline Hernandez on Unsplash

You might be interested in

dealing with divorce - change lawyers www.thedivorcemagazine.co.uk

Dealing with Divorce in 3 Steps – Change Lawyers

Published on

SuzyMillerBW-WebDo I need to change lawyers?

In this interview with Sandie Martel of Be OK Therapy, the UK’s Alternative Divorce Guide Suzy Miller interviews her about the second of 3 key pieces of advice, taken from Sandie’s personal story to help you cope with your divorce in the best possible manner.

Change Lawyers If You Need To

Change lawyers if the one you hired does not meet your expectations.

I know it can be costly but it could cost you so much more if you do not follow your guts on that. If the person you choose does not correspond to who you are and wants to influence you in a direction you did not want to take – then change!

You might even consider going for Mediation if you believe this is what is more suitable for you, since Mediation allows you to take more control of the divorce process, reduce conflict and save money.

You are going to have to meet or speak to this person for a few months at least, so make sure you get on well and he or she does what you expect them to do.

I was OK and felt very confident when I first started the process and met my lawyer in London for the first time on a Friday. I left the meeting in tears and spent the most horrible weekend (without my kids) in bed, crying.

This person was very vindicative and bitter and it did not work well with me. I know this person wanted the best for me financially, but I did not want my divorce to become a battleground.

I had no intention of ruining my ex-husband’s life, neither my kids’, nor mine.

After the weekend, I decided to search for another lawyer, someone who really listened to my needs and worked with me, without pushing me in any direction.

I was given advice, and I sometimes followed and other times I chose not to do as I was told.  It was my divorce – my choice. And I did not feel forced to do anything against my will.

Isn’t that how it should be for everyone?”

Look out for part 3 of Dealing with Divorce tomorrow!

Suzy Miller is the creator of The Alternative Divorce Guide 

Follow Suzy Miller on Twitter and Facebook

Follow Sandie Martel on Twitter

You might be interested in

Changing Your Name After Divorce
/

Dealing with Divorce in 3 Steps – Take your Time

Published on

SuzyMillerBW-WebIn this interview with Sandie Martel of Be OK Therapy, the UK’s Alternative Divorce Guide Suzy Miller interviews her about the first of 3 key pieces of advice, taken from Sandie’s personal story to help you deal with your divorce in the best possible manner.

Divorce can be a very messy and devastating experience – so when dealing with divorce ……

Take Your Time!

The first thing you wish for when starting the process is a quick divorce, in the hope that it will help you start afresh sooner, so that you can finally leave the past where it belongs.

We all want that.

However, my advice to you is to take your time.

Why?

Simply because our state of mind constantly changes as time goes by and the divorce carries on. You are going to have to deal with lawyers, the stress your children are going through, pressure from your job, your ex maybe and your new life.

To start with, you really wish to be done with this extremely stressful and painful process. You are even ready to leave the financial side behind and do exactly as your ex wishes.

I know you want to keep a good relationship with your ex. But you can still do so while actually taking the time to consider all your options and think about the future, your future. Even more so if you have children.

I personally did not want to hear about the financial implications at the start of the process, but as time went by, I realised how difficult life on my own with 2 kids was, and I had to think about my kids first.

When you are dealing with divorce, it’s not about having the quickest divorce. It is not a competition, it is not a game.

It is better to listen carefully to what your lawyer and financial adviser have to say, however you don’t have to do exactly as told obviously.

But trust me, if you don’t consider the finances, you might end up regretting your decisions and chances are it will have a huge impact on your life, your childrens’ life and your future relationship with your ex.

Think about it.”

Look out for part 2 of Dealing with Divorce tomorrow!

Suzy Miller is the creator of Divorce in a Box and Divorce First Aid Kit, The Alternative Divorce Guide 

Follow Suzy Miller on Twitter and Facebook

Follow Sandie Martel on Twitter and Facebook

 

 

 

 

You might be interested in

divorce advice uk
/

Divorce Advice UK – Practical Tips When Facing a Divorce

Published on

Practical Tips Women Should Know When Facing a DivorceAre you facing a divorce now or planning to file for one to end your current relationship? Whatever the case and your grounds may be, if it is inevitable, it is imperative that you think very carefully about it and find out ways on how to deal and proceed with it.

Getting a divorce is never easy. It causes negative impacts to the individuals affected by the situation. But it can be overcome. Learn to face the situation with the help of the following tips below:

  • Consult and talk sincerely with a divorce lawyer or family lawyer.

If you know other women who have faced a divorce in the past, ask for recommendations for a good attorney who can help you with your case. If one of your friends is a lawyer, you might also want to consider seeking his or her guidance and recommendations. Check backgrounds, reputations, and success rates.

Some lawyers provide free initial consultations and fees at affordable rates, so better ask them before signing them for your case. It is integral that you understand the laws governing divorce in your state because each one is somehow different from the other. It also is very important that you understand how each law applies to your situation.

  • Explore mediation if the separation is good-natured.

You can find expert counselors that can guide you through mediating with the other party involved in the case. This is imperative for parties that find it hard to seek common ground or an agreement. If you think you can do it without professional help, remember that initial consultations are still better conducted with experts to ensure the stability of the process. Your own attorney should also be able to review the grounds to make sure that your personal interests are not taken for granted as well as your child’s, if you have any.

  • Seek legal advice before moving out of your house.

Before leaving the house, always seek the advice of legal counsel. If you have any safety concerns, look into what restraining orders you can file or any order that can protect you while you are living in your current home.

Some women think that moving out and leaving their children in the hands of their spouses is the best solution. This is a terrible one, to be honest. Be very smart and explore any consequences and alternatives that will best suit your predicament.

  • Cooperation will not always last.

Women should understand that things could be friendly on the initial phases of the process and get sour along the way. This is natural. Be very mindful and tread the path carefully. Never set out into the field looking for war. Look for grounds that satisfy the interests of both parties.

You might be interested in

Please go to your post editor > Post Settings > Post Formats tab below your editor to enter video URL.
//

How Pension Sharing Orders Work in Divorce – Splitting Pension after Divorce

Published on
Independent financial Advisor
Paul Gorman
Principal Partner
Beaufort Planning

We speak with accredited chartered financial planner Paul Gorman of Beaufort Planning  on pensions and divorce.

Paul works mainly in the field of family law working together with family lawyers as well as family mediators with the aim of helping clients achieve a suitable settlement in divorce.

He has worked on mediation cases and have been involved in mediation meetings alongside trained family mediators and divorce solicitors. He also gets involved in collaborative work and is a member of three PODS.

Here he talks about pension sharing orders, splitting pension after divorce, pension on divorce, pension plans and divorce as well as pensions transfers.

Some of the questions he answers are:

• What is a pension sharing order?

• Can the basic state pension be shared?

• Is pension sharing compulsory or do couples need to have a pension sharing order?

• Can I use my share of the pension to buy my children and I a home and is it wise to do so?

• What happens in the case of a pensioner whose benefits are subject to a Pension Sharing Order?    

 

PART 2 of How Pension Sharing Orders Work in Divorce – Splitting Pension after Divorce he answers more questions among which are:

• When is pension sharing not an option or the best solution?

• I only have a small pension — do i really have to share that?

• What does offsetting your pension mean?  

• What is an attachment order and why are they rarely used?

• Is there a cost attached to the process of pension sharing?

• Can I protect my pension with a prenuptial agreement?

• Where do non-married couples stand when it comes to pension sharing?

• How long does the pension sharing process take from start to finish?

Get in touch with Paul – pgorman@beaufortplanning.co.uk

Follow Paul on Twitter

 

You might be interested in

what mortgage can I afford
/

What Mortgage Can I Afford?

Published on

 Mortgage Capacity Assessment – Helping to Negotiate the right divorce Settlement.

Director at Simpson Financial Services Limited
Director at Simpson Financial Services Limited

Recently a friend of mine who is currently going through a divorce came to me with a problem.

She had done everything right so far; she had sought advice from a reputable Family Solicitor and agreed that the most amicable course of action would be to attend mediation meetings.

Access and maintenance payments for the children were dealt with quickly and her husband agreed that, assuming she could take over their mortgage by herself, she could keep the house in return for him retaining his pension and savings. With negotiations proceeding so smoothly all appeared to have gone in her favour…..or so she thought.

As we all know once a divorce settlement has been finalised it cannot be re-written, therefore, getting it right is imperative. Emphasis should be made on ensuring you have the correct information from the outset to allow you to make the right decisions, save time and money.

What my friend had failed to find out is whether she could actually raise a mortgage herself?

The last visit she made to her now ex-Mortgage Advisor was nearly 5 years ago and at that time her husband had just started his own business and could not prove any income.

The Mortgage Advisor confirmed that with her salary and the Child Benefit they receive for their 3 children they still qualified for a mortgage. With this in mind my friend confidently agreed to the terms of the divorce settlement assuming she would be able to take over the mortgage on the marital home.

After a visit to her bank my friend discovered, to her surprise, that the Mortgage Advisor no longer worked at the bank. In fact the bank no longer provided mortgages. This is when she came to me to explain what had happened and wanting to know where she should go from here?

I mentioned that she would benefit from having a Mortgage Capacity Assessment carried out.

This is where a Mortgage Capacity Expert would, after considering her Form E and any other relevant financial information, be able to confirm her likely maximum mortgage borrowing and more importantly the amount of mortgage she could actually afford to maintain. After making relevant enquiries she received her Mortgage Capacity Report a few days later which confirmed a number of things:

  • what mortgage can I afford
    What mortgage can I afford?

    Lenders would no longer consider the Child Benefit she receives. This is because her children are nearing an age when these benefits will stop; her children are now aged 14, 16 and 17.

  • Her Credit Card bill had crept up to nearly £6,000.00, further reducing her borrowing.
  • As soon as she had agreed not to take any of her husband’s pension she increased her own contributions to her employer’s retirement scheme reducing her ‘take home’ pay.
  • After a lengthy period of low interest rates and with increasing speculation that rates will rise in the near future mortgage lenders are now undergoing Stress Testing. This is where they assess a person’s ability to afford their mortgage based on higher interest rates. This all meant that her borrowing power had shrunk significantly and unfortunately my friend no longer qualified for the amount of mortgage she needed.

This has all led to a delay in the divorce being finalised and her husband still being party to their mortgage. Also, not only has her own chances of getting a mortgage been scuppered but her husband’s too.

The chance of buying himself a new home has not only been blighted by years of low self-employed income but in the eyes of mortgage lenders he is still responsible for another mortgage. So despite the efforts they made to keep their divorce amicable they are at loggerheads anyway.

However, all this could have been avoided had she obtained a Mortgage Capacity Report at the outset of her divorce.

  • Her financial circumstances could have been assessed and she would have been made aware of her mortgage capacity before she agreed to anything.
  • The Mortgage Capacity Expert could have considered a number of different financial scenarios so she would have been well informed on what her borrowing ability would be based on any number of outcomes from her settlement.
  • She could also have been informed of up-to-date lending criteria and how much a new mortgage would cost.

Getting a realistic and reliable idea of capacity to mortgage from the outset is important for all parties involved in any divorce.

It may not only give you an idea of your own capacity to mortgage but also your ex-partner and could help to create a more harmonious separation. With each party knowing their mortgage limits the assessment can help illustrate what is reasonable to expect from divorce.

Demanding everything except the kitchen sink might seem like a good course of action but if all it achieves is a lengthy battle at court and a costly solicitor’s bill finding out this information from the outset could save a lot of money and a great deal of heartache.

ABOUT NATASHA

Natasha Palmer is a qualified Mortgage Advisor at Simpson Financial Services Ltd with offices in Coventry and Leamington Spa.

With over 10 years experience in Financial Services Natasha starting her career in Financial Administration. She became qualified to advise on Mortgages, Protection and General Insurance in 2008 and then spent the next 4 years advising home owners, first time buyers and small businesses on the most appropriate lending and protection solutions.

Becoming a Director of Simpson Financial Services in 2010 she then went on to win the Insurance Institute of Coventry’s Young Achiever of the year award in 2010/11.

Her career in Mortgage Capacity Assessments started over lunch with a with a local family solicitor one day who asked if she could provide mortgage capacity details for a divorcee having difficulties negotiating future housing needs with their soon to be ex. Natasha began producing Mortgage Capacity Assessments from that day on.

She can be contacted at natasha@simspsonfs.co.uk and you can check out her services on the website: mortgagecapacityassessments.co.uk.

You might be interested in

Reduce the Cost of Divorce

How to Reduce the Cost of Divorce

Published on
Sheata Karim Grayfords Family Law
Sheata Karim
Grayfords Family Law

With over 40% of current marriages expected to end in divorce, most of us have or will experience the negative emotional and financial effects of divorce.

Family law solicitor and divorce expert, Sheata Karim, offers some insider tips on how to reduce the cost of divorce proceedings.

Divorce is a distressing process as not only must you cope with the emotional turmoil of a separation, but also the financial burdens that come with it through solicitor’s fees and court charges.

Many people turn to anonymous websites that claim to offer divorces for ludicrously low prices and then are stung with costly court hearings when issues regarding child contact or financial settlements arise.

If you wouldn’t let a cheap DIY website arrange your wedding, why would you let them have control of your divorce?

Family law solicitors are experts in all areas of divorce and separation and can guide you through the process to help you obtain the outcome you deserve – but such legal expertise comes at a price.

Read on to find out how you can obtain a legitimate and legally binding divorce, yet still making sure that you reduce the cost of divorce.

Avoid court trials

This is the first and most obvious tip as court cases can be both lengthy and costly affairs. There are a variety of out-of-court solutions – such as mediation or collaborative law – that will resolve disputes regarding child matters or financial issues, and will also save you the cost of court and barrister’s fees.

Be aware of your spend

How to reduce the cost of divorce
Avoid Court

All solicitors require ‘money on account’ before they begin work on your case. This is normal, but you should always stress that you wish to be notified when you are nearing the end of your credit. Some solicitors may continue working on your case and then you may be surprised with a larger-than-anticipated bill at the end.

Watch out for hidden costs

Should you have to go to court then you must remember to enquire about what court costs you will have to pay on top of the solicitor’s fees. All courts charge a fixed amount for every case, which is currently £410 for a divorce petition or £215 for Child Act applications (i.e. contact or residence).

Solicitor, not counsellor

Your solicitor is a trained professional who is there to support and defend you legally. This may seem a harsh statement, but they are not your counsellor so do not tell them your life story or seek emotional comfort from them – it will save you a lot of money in the long run.

You pay solicitors by the hour for their expertise so get the most out of your time by only focussing on the practicalities of your case. The sooner the legal process is finished, the sooner the healing process can start.

Do your own admin

Most solicitors will be happy for you to fill in some of your documentation yourself, which will save you money as you will only pay for the solicitor to check the forms and make recommendations. Some of the administration work for the divorce process can be time consuming but it can, therefore, also be a cost-effective measure to do it yourself.

Be your own private investigator

There are five grounds to divorce, some of which require evidence or proof. Your solicitor can hire a private investigator on your behalf but it can be much cheaper and quicker if you source your own evidence yourself in the form of a photograph, text conversation or voice recording, for example. You must be careful though, as stalking and secretly filming are illegal.

 

Sheata Karim is the Principal Solicitor and Founder of Grayfords, a family law firm based in central London.

After over a decade of working in family and niche law firms, Sheata used her expertise and specialist knowledge to start her own practice.

Sheata created her own firm so that she could instil her values of client care and satisfaction into every area of the business. Her motto is to envisage yourself in the perfect future, and that is what she will help you achieve.

With experience in all areas of English and international family law – including divorce, financial issues and child matters – Sheata really is an expert in her field.

www.grayfords.co.uk

 

You might be interested in

1 … 19 20 21 22