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Why it is Vital to Include Pensions in Divorce Settlements in 2025
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Why it is Vital to Include Pensions in Divorce Settlements in 2025

Nicki Mitchell
Nicki Mitchell
Partner
Jones Myers

Sponsored post by Jones Myers. I cannot underestimate the critical role that pensions play in financial settlements as the volume of  divorce enquiries I am receiving increases this January.

Their importance has been further reinforced by New Year calculations from online investment service Interactive Investor, whose financial analysts say that spouses could lose up to £665k by overlooking pensions and failing to take them into account in divorce settlements.

Pensions are frequently one of the most valuable assets of a marriage, often making up the second highest – or sometimes the highest – value asset in a divorce settlement after the family home.

It is key that information about pensions is made available in the financial disclosure process, which must take place before any binding financial settlement can be made.

Disclosure must include details of all pensions, including state pensions – and the value of each one. This ensures that couples are able to make informed decisions as to what a fair settlement looks like for them

The most common way in which a disparity in pensions is addressed in a divorce settlement is pension sharing which provides a clean break between parties, as the pension assets are split immediately.

Alternatively, in some cases ex-spouses prefer to take a greater share of the equity in the family home or other capital, as a trade-off for a share of the other’s pension.

Some divorces may involve several pension arrangements so it is important to consider which arrangements should be shared, and to what extent.

The pension share may be internal (when the recipient becomes a member of the scheme) or external when the share must be invested in an existing or new arrangement of the receiving party. Care should be taken to obtain details of the cost of any transfer.

In deciding what is best for them, the couple need to consider how their respective financial needs will be met  and what other assets are available for distribution.

Alternative and non-confrontational ways for divorcing couples to reach a financial settlement without a lengthy and expensive court process include Mediation and Collaborative Family Law.

Both options – in which I have extensive expertise – are conducted in a spirit of mutual co-operation and put children’s best interest first.

At Jones Myers we always recommend that divorcing couples seek expert advice from highly experienced lawyers regarding their finances. Independent Financial Advisers can assist with pension valuations and projected future incomes.

Taking guidance early on will avoid the risk of losing out on what could be a substantial pension sharing provision that spouses are entitled to – and which can prevent long-term financial issues.

Read more articles by Nicki Mitchell.

About Nicki Mitchell

With three decades 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.

A skilled mediator, child inclusive mediator and collaborative family lawyer Nicki champions Alternative Dispute Resolution processes which avoid a lengthy court process and can lead much more quickly and cost effectively to a successful resolution.

Her exceptional track record also includes advising clients on the more traditional methods of resolving issues surrounding family breakdowns. Direct Dial: 01904 202553 or email  Nicki.mitchell@jonesmyers.co.uk  www.jonesmyers.co.uk

Doing it For the Kids: Co-Parenting Strategies For the New Year
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Doing it For the Kids: Co-Parenting Strategies For the New Year

Emma Alfieri - Co-Parenting
Emma Alfieri
Legal Director
Greene & Greene Solicitors

Following separation, often parents start the arrangements for their shared children without much of a plan whilst the family settle into their new situation.  Sometimes parents might adjust the arrangements over time until they can settle into a routine that suits the family.

Sadly, and often where there is poor communication and the co-parenting relationship is not a strong one, the arrangements later breakdown.

Cafcass, the Children and Family Court Advisory and Support Service say that if children experience poor inter-parental relations or do not know when they are next seeing the other parent, they are more likely to worry, especially if there are long gaps between visits without an explanation.  Therefore, it is important for separated parents to always put the children’s needs first, despite any differences with their former partner.

As a family lawyer, I am often approached by separated parents who seek to regulate the arrangements between them and the other parent.  Before considering Court intervention, there are a number of tools available that can help separated parents to co-parent more effectively:

  • A Parenting Plan – Parents can work together and formulate a Parenting Plan, which is a plan negotiated and agreed between the parents setting out what the arrangements for the child / children will be. For a free Parenting Plan template, visit: www.planningtogether.cafcass.gov.uk/plan
  • Parenting App – Where there is conflict between parents, and they struggle to communicate, a Parenting App should be considered. There are many free and paid Parenting Apps available, and the idea is that the App is used by the parents for discussion about the children only, and it can include things like calendars, ability to make audio and video calls, share expenses, make payments and maintain a secure text communication with the other parent.   Feedback from parents who have tried this have reported that limiting communication to an App has been helpful.
  • A parenting course. Attended alone or together, a parenting course can be a useful way for parents to gain insight about positive co-parenting and the benefits to the child / children. The courses usually consider how parents can effectively communicate and work together with the other parent to agree co-parenting arrangements without the need for Court intervention.
  • Mediation – If separated parents cannot agree the arrangements for the child / children, then they should consider Family Mediation. This is a process in which an independent professional trained Mediator helps the parents work out the arrangements for the children. The Mediator will help to try and find a solution which works for both parents.  The process is less stressful and significantly quicker than going to Court, and Mediators work with separating parents in ways that are flexible.  If separated parents do not want to be in the same space, then often remote Mediation sessions can take place.
  • Child Inclusive Mediation – This is a structured process which is suitable for older children where a qualified family mediator speaks to the child / children to ascertain their wishes and feelings. Where the children give permission, these wishes and feelings are then shared by the mediator with the parents in a separate feedback meeting. The parents can then use this information to agree the child arrangements moving forwards.

Conclusion

The risk to a deterioration in the child / children’s emotional wellbeing and mental health increases significantly where separated parents have a high level of conflict between them.  Therefore, separated parents are encouraged to consider how they can try and work together and communicate.

Remember that as children get older, often their needs will change. Therefore, when arrangements for children are made when children are very young, sometimes those arrangements could have a limited shelf life and later need to be reviewed – another reason to try and remain amicable with the other parent, where possible.

This is only intended to be a summary and not specific legal advice.

Read more articles by Emma Alfieri.

About Emma Alfieri

Emma Alfieri is a Legal Director at Suffolk firm Greene & Greene Solicitors.

Emma advises on all aspects of family law, including divorce and associated financial matters, disputes between cohabitants and child related disputes.

A member of Resolution, Emma is committed to resolving disputes as positively and agreeably as possible whilst also being motivated to obtain the best possible outcome for her clients.

Since 2012 Emma has been consistently recommended by the Legal 500 on an annual basis and in the most recent 2024 edition Emma is ranked as a “rising star”.

As an advocate of fault free divorce, Emma lobbied at Parliament with other members of Resolution in 2016 to bring about the recent changes to divorce law.

Child Maintenance and Spousal Maintenance: Understanding the Differences
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Child Maintenance and Spousal Maintenance: Understanding the Differences

Nicki Mitchell
Nicki Mitchell
Partner
Jones Myers Family Law

Sponsored article by Jones Myers Family Law.

In the countdown to the festive season, concerns over finances can understandably escalate – especially for those divorcing and separating who have children but do not have their own income streams.

The aim of this article is to provide key insights into Child Maintenance and Spousal Maintenance.

While they are often believed to be inextricably linked, they are two very distinct issues.

Child Maintenance Support

How do divorcing/separating couples work out Child Maintenance?

Child Maintenance is something which needs to be considered whenever separating couples have children, regardless of whether they were married or not and whatever their financial circumstances.

The Child Maintenance Service (CMS), a stand-alone government body,  provides a formula for parents to calculate child support.

Most separated couples will use the formula as a basis for agreeing the level of child support to be paid and make informal arrangements for this to be paid directly.

Divorcing couples have the option of including their agreement on child support in the order (often known as a consent order) which sets out their agreement as to how their assets, debts, pensions etc will be divided.

Which parent is responsible for paying the support?

The parent with whom the children spend less time will be responsible for paying child support to the other parent.  Where the children’s time and the child care responsibilities are shared equally between the parents then no child support is usually payable.

If there is any dispute between the parents about whether this is the case then the CMS will generally assume the primary carer to be the parent who receives Child Benefit and assess child support accordingly.

For how long does Child Maintenance continue?

The paying parent is obligated to provide child maintenance until the child completes “qualifying education” which is generally full-time secondary education but can include other forms of ongoing study such as some apprenticeships. No child support is payable after the child attains the age of twenty.

What happens if parents cannot agree on the level of support?

If the parents are unable to agree then either one of them can make an application the Child Maintenance Service (CMS) for a calculation.

The CMS will calculate the support payable using a six-step process.

The various stages include determining the paying parent’s yearly gross income. The relevant parent usually provides this. However, the CMS can obtain the information from HM Revenue and Customs (HMRC) if the parents do not supply this.

Factors, such as pensions and school fees, which could change the paying parent’s financial situation, are also assessed before converting the yearly gross income into a weekly figure.

Key criteria the calculator draws on includes the number of children receiving the income and the level of what is called ‘shared care.’ This is based on how much time the child/children of the paying parent spends with them and includes overnight stays.

What happens if the paying parent loses their job?

Either parent can let the CMS know of a change in circumstance. The Agency will then re-evaluate and reduce the level of support the paying parent needs to provide based on the calculator system.

What happens if the paying parent refuses to pay?

The receiving parent can contact the CMS which would then take appropriate enforcement measures such as applying for a court order to take legal action.

What happens if the paying parent dies during the support period?

CMS payments would cease on the death of the paying parent. State benefits, such as Universal Credit, may be available to the surviving parent, depending on their circumstances at the time.

Are there any other options besides the CMS for parents to agree Child Maintenance?   

Agreements between parents can be negotiated with support from experienced family law experts such as Jones Myers.

Our specialist services include mediation, a non-confrontational option for parents to reach a solution in a spirit of co-operation which puts their children’s best interests first.

As a qualified Mediator and Child Inclusive Mediator I regularly see at first hand the  benefits of the mediation process for parents, children and the wider family.

Spousal Maintenance

Divorce does not automatically bring an end to the financial obligations between divorcing and separating couples.

Significant income disparities between spouses may require ongoing financial support to prevent undue hardship, especially when considering the well-being of any children involved.

What is Spousal Maintenance?

Spousal Maintenance is a payment made by one party to the other as part of the financial settlement on their divorce or separation.

Usually, it is paid every month and can last for either a defined period or, in increasingly rare cases, until one of the former spouses dies.

Spousal Maintenance is different from Child Maintenance, which is statutory. It is not an automatic  entitlement and only applies to divorcing couples.

How is the amount and duration agreed?

There is no set formula for working out Spousal Maintenance payments. How much is paid and for how long can be settled through mutual agreement between a spouse and their ex during divorce proceedings.

Information is exchanged about each spouse’s income and their monthly outgoings. If one spouse has insufficient income to meet their needs and the other can afford to make up or contribute to that shortfall then Spousal Maintenance may be appropriate.

Interim Spousal Maintenance can be agreed or ordered in the initial stages of separation to ensure that the spouse who is weaker financially can manage their basic monthly outgoings.

Does getting Spousal Maintenance involve going to Court? 

If the couple are unable to come to a mutual agreement, the Court can decide whether Spousal Maintenance should be paid.

In every case the Court must consider the possibility of a Clean Break Order – which severs all financial ties between the couple.

If a Clean Break Order is not appropriate immediately, the court will order what the Judge considers to be a reasonable level  of Spousal Maintenance – and for how long this must be paid.

The court will have before it detailed information about the income available and each party’s income needs. Spousal Maintenance is usually only ordered for a fixed period of time, long enough to enable an adjustment to independence.

How can couples reach a solution without going to court?  

More couples are turning to non-confrontational options, which allow them to retain control of decisions which affect them, put their children’s best interests first and avoid costly and destructive court battles.

They include negotiation, mediation or collaborative practice where couples and their lawyers commit to find a positive solution without going to court and sign a binding agreement to that effect. Our specialist lawyers at Jones Myers have extensive experience in advising couples in these areas.

In what circumstances is Spousal Maintenance terminated?

When Spousal Maintenance ends will be set out in the court order.  Typically this will be when the spouse receiving the payments has had time to adjust to independence or when their financial needs are reduced. For example, when the children finish school or university, or they leave home.

Spousal Maintenance will cease when one of the spouses dies or if the recipient of the maintenance gets married again or enters into a civil partnership.

What happens if the parties situation changes?   

If the circumstances of the spouses alter significantly after a Spousal Maintenance Order has been made, they can agree to change the payments ordered and send an agreed order to the Court which supersedes the original order.  If agreement is not possible then either of them can apply to the Court to vary the terms of the order.

The Court will consider factors such as changes in income, employment status or financial needs to assess if a variation is appropriate.

For vital areas of law such as Child Maintenance and Spousal Maintenance, I cannot emphasise enough the importance of consulting experienced family lawyers like Jones Myers.

Offering expert legal advice to our clients, we help them to understand their legal position and options.

Providing legal guidance and representation with child maintenance disputes, we support clients to ensure that the child maintenance arrangements are fair and reasonable.

Our approach prioritises resolving disputes in a non-confrontational manner, allowing us to assist couples in reaching voluntary agreements for child maintenance.

We can also assist in negotiating Spousal Maintenance agreements to reach a fair and mutually acceptable solution. If an agreement cannot be reached through negotiation, we can represent clients in court proceedings to seek a Spousal Maintenance Order or to vary an existing order.

Read more articles by Nicki Mitchell.

About Nicki Mitchell

With three decades 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.

A skilled mediator, child inclusive mediator and collaborative family lawyer Nicki champions Alternative Dispute Resolution processes which avoid a lengthy court process and can lead much more quickly and cost effectively to a successful resolution.

Her exceptional track record also includes advising clients on the more traditional methods of resolving issues surrounding family breakdowns. Direct Dial: 01904 202553 or email  Nicki.mitchell@jonesmyers.co.uk  www.jonesmyers.co.uk

Jones Myers Logo

Jones Myers

Jones Myers LogoJones Myers is widely acknowledged as an exceptional niche family law firm which consistently delivers excellence by getting to the heart of what matters most to you.

Our clients and peers regionally, nationally and internationally say we are ‘outstanding’ in our client care and our innovative and bespoke solutions which always put children’s best interests first. With headquarters in Leeds and offices in Harrogate and York, we are “The leading matrimonial finance firm in Yorkshire, with outstanding individuals and unparalleled strength and depth” (Legal 500, 2023).

Why choose Jones Myers Family Law?

Described as a ‘Northern Powerhouse’, Jones Myers attracts the best family lawyers who are acknowledged leaders in their field.

With extensive expertise in all aspects of relationship breakdown including divorce and separation, finances, children, and mediation, we treat every case and every client as unique. Succeeding with the most complex cases, we are at the forefront of new areas of law including Deprivation of a Child’s Liberty, an extremely complex and rapidly developing area.

Our bespoke, innovative and problem-solving approach, ensures we always seek the best solution for your individual situation.

Authors

By Nicki Mitchell

By Kate Banerjee

By Neil Dring

By Anthony Parrish

By Peter Jones

By Anna Sutcliffe

By Sarah Barr-Young

Website

https://www.jonesmyers.co.uk

Social Media

E-Mail

Telephone

Leeds Office0113 246 0055

Harrogate Office01423 276 104

York Office01904 202 550

Address

Leeds Office – Carlton Tower, 34 St Paul’s Street, Leeds, LS1 2QB

Harrogate Office – 5 Victoria Avenue, Harrogate, HG1 1EQ

York Office – The Quadrant, Bootham Row, York, YO30 7BP

Images supplied by The Divorce Magazine.

Growing Up in Conflict: A Child’s Perspective on Divorce – TDM Expert Interviews

Despina Mavridou
Despina Mavridou
Author, Mediator, Lawyer

Introducing the latest transcript blog featuring a powerful interview with Despina Mavridou, an author, mediator, and lawyer, who brings a unique perspective as a child of divorce in a high-conflict environment. In this revealing conversation, Despina shares her personal experiences and the challenges of being caught in the middle between two parents, navigating feelings of guilt, loyalty, and reconciliation.

Join us as we delve into Despina’s insights on the emotional impact of divorce on children, the complexities of parent-child relationships during separation, and her journey towards healing and understanding.

Read on for the full transcript of our interview, “Growing Up in Conflict: A Child’s Perspective on Divorce.”

[Music]

Okay, welcome everybody um, to another one of our interviews here on the divorcemagazine.co.uk. Um, if you haven’t seen our website please go there, there’s so much information on the website, all to do with divorce and separation. And all our articles let’s say the, the majority of them are actually written by um, divorce professionals. The ones that are not written by divorce professionals, that means divorce coaches, psychologist, lawyers, family mediators, anybody who’s trained to work in the world of divorce, um, the ones that are not written by them are written by people who are telling us about their personal experiences of divorce.

So if you have any questions, if you’re just starting off, if you’re, in the middle of it and you have any questions, head off to The Divorce Magazine, and you will find the answers. If you don’t find the answers email me, and I will find the answer for you and I will publish it so other people can get to know about it.

So thank you so much for joining us today um, we have Despina Mavridou who is with us and it’s, going to be kind of a different, hi Despina, kind of a different um, interview because, I don’t think we have had somebody come on The Divorce Magazine and talk about their own experiences of divorce as a child. We’ve had many professionals but um, you know, you’re a divorce professional and today you’re coming wearing a different hat, which is that of a, a child or an adult? No it’s fine, is that all right?

Okay, so today we have Despina, Despina Mavridou, who is an author, a mediator, and a lawyer in Greece. She has experienced the negative effects of divorce um, when she was the age of 10 when her parents decided to separate. For many years she was in the middle of the fights between her parents, and approximately I think the age of 17, she decided that she didn’t want to see her dad anymore, and she will tell us a little bit more about that decision and how it came about. And this decision lasted for about 20 years um, but you have since reunited with your dad which you can tell us about also how it came about, I think that would be really helpful.

And then after many years of working as a lawyer, in the last four years she discovered mediation and she went into it and um, and she also discovered her passion for writing. This passion for writing led her to write her, to write her first book which is called “Mom, Dad C Can you Hear Me?” and it’s based partially on her own personal story. Despina wanted to share certain things also with her parents so that they can see what it was like for her and the feelings that she had when they were going through divorce. So working as a family mediator, in family dispute issues, she has seen how difficult it is for parents to actually step in the children’s shoes, and see the whole process of divorce from their perspective. So let’s see how we get on today and um, I’m sure and not I’m sure, I really hope that there are going to be lots of parents watching this video so that they can hear it from the child’s perspective um, what it was like to, to be in that situation of divorce with your parents.

So welcome Despina, hi thank you, and I’m really glad that I’m here with you, thank you so much, I’m, I’m I was really happy when you said about coming in to talk about this particular um, subject because as I said we don’t, we haven’t had it on The Divorce Magazine so yeah, a huge welcome to you, thank you for reaching out, okay, thank you for having me.

How old were you when your parents got divorced?

So if I can start just by asking you how old you are when your parents um, decided to divorce? Yes I, I was around 10 when all the fights started actually and then they divorce, they divorced after one, or one, or two years after they start fighting, okay, and, yes um, at the beginning I mean, I didn’t understand when they were fighting, I didn’t realise that they will go for a divorce, I didn’t even know what it means.

I didn’t, I, I wasn’t familiar with what divorce means and all this, I just uh, I knew that they were fighting, there were a lot of fights, almost every day at home the situation was not easy, and at some point they called me and they announced to me the divorce, only to me because I also have a sister who, who is seven years younger than me, so they announced that they divorce only to me, not to my sister. Right, okay. And uh, to be honest I don’t really remember the discussion what they said, I don’t remember anything about this, yeah, but I clearly remember the day that I came back from school and my, my dad was packing his things and he left. This is what I remember from that period. The, this, is the memory that remained in my mind and I still have it today, that when I was coming back from school, uh, he was packing everything to his car, and then library was empty from his books and everything, and this was really strange. It was, it brought me a lot of sadness, even now when I’m thinking about it makes me feel a bit sad because it was a little bit, I was feeling a little bit terrified, my mom was really, really sad, and I didn’t know what to do.

I was feeling really trapped, if I can say it, sad, trapped and uh, helpless, and very insecure, very insecure. Yeah, and because I had a really good relationship with him because you know, sometimes the balance at home are different when during a marriage maybe the kids are more, you know, the dad is the good guy, the mom is the one that has to, you have to do the homework with the children, and she has to put all to, to have the boundaries and everything, so this was the, the relationship that I had with him, he was the more calm the, the good cop, he was the good cop, and my mom was the bad cop. So when the good cop leaves the home, and you are left with a bad cop, yeah, you feel, you don’t know how the things will go. Yeah. You feel you feel really alone. Yeah. listening to you say you know relate that story of coming home, and um, finding your dad packing his stuff, and I’m thinking how confusing! I feel now and I wasn’t even there and I’m an adult, you know just arriving and seeing everything changing, within, you know, it sounds like it happened so fast, everything just, yes, yes, because actually they announced the divorce the day before, I mean I don’t remember exactly the, how many days passed, but I remember that they told me about the divorce and then, after one day, two days, I don’t remember but it was a really short period of time, that my dad left home.

It happened immediately, after they announce it, yeah, and then the next memory that I have it was the Christmas, because I really don’t, I think that it wasn’t, he didn’t left at that period, he left one or two, maybe three months before, but I remember the first holidays that they were really, really difficult for me, and for all the family, and for my mom because my mom was really sad, she was crying very often, she was working a lot also and we were, we, yes it was my grandmother, we were staying with my grandmother and uh, I remember that, that holidays were really difficult for us. For me and my sister also, yeah, yeah.

Did anyone take the time to consider how you were feeling after the divorce announcement, or did life just move on for them?

Once your dad left, did anybody explain to you what happened? Do you know why they divorced? Did you have anybody looking after your feelings? Asking how, you know, or did just go on? I, from what I remember, I think that life just go on, and what I recall now is that everybody was telling me that I have to take care of my mom because she’s really sad, and she feels very, very sad, and I have to help her, uh, actually because in the story there, there was also a third person in the story.

I mean dad left for another woman, so he was the bad guy, yeah, and uh, yeah, and it was hard for my mom and as a woman, I can understand that. But what is really different it’s for the kids cannot understand these things, they cannot understand anything about this third person and it’s completely, I mean, they, they care only about their mom and their dad, if another person comes and they, if you say bad things about this person, this person will be the bad, the bad person. If you say good things or not if you are neutral, they will accept it in the way that you talk about it, I mean it’s completely how the adults will handle it, this is how the kids will accept it, or not.

So you had to look up. Yes, what I remember is that everybody was telling me that I have to look after my mom, and my little sister also, and this was a lot. It was a lot of burden because I, I knew that my mom was, wasn’t feeling good, I was trying to make her feel better, and uh, I, and then when they actually, then they start putting me in the middle because I had to, we had to, we scheduled, we had the program that we had to see my dad for two days, I mean every week I think I don’t remember exactly how it was, but what I remember very, very well, was the fact that I had to transfer messages. Okay. I had to for, for example my mom was telling me you have to say this, this, this, this, and when I was transferring these messages, my dad was telling me uh, tell her this, this, this, this, this. And I was trying to change these messages, and make them a little bit softer, because if I was transferring the exact same words, I knew that they will start fighting.

This is I’m, I’m listening to you speaking, and I’m just think, and how old were you, were you? This started from uh, 11, from 11, 12, something like that. So not only are you being, the messenger, no, the, these messages I remember them very well from the age of 13 to be completely honest, I, from the age of, because I have the memories, some things I don’t remember them very well but, from the age of 13 I remember that I had to transfer messages, up to the age of 17. These were going on and on, for. You’re transferring the messages, but you also have to, change the message and make it nicer so you, I was trying to them, yes, you can look after, you can look after the situation, you can look after Mom, you can look after Dad, you can look after your sister.

Yes, and also because you know, when you transfer the message in exactly what the, how the other person was saying it, it’s like when you are the mediator. You will hear also the reaction, the other person will not know anything about this reaction, you are the, the person that will receive the reaction, the anger, most probably the anger, because exact there will be a lot of anger at the moment that you will transfer the message. So I knew that if I say this back to my mom for example, I knew that her reaction would be really hard, and I didn’t want to hear this, and I didn’t want her to say for example, oh and why, you didn’t answer back, and you, why you didn’t fight back, and say this, this, this, and that, so I was softening the messages, to change a bit the situation and not to have to hear also that why you didn’t defend me. And all this while you’re a child? Yeah, yeah.

At what point did you tell your parents to stop passing messages through you?

At what point did you say stop, I’m not doing this anymore? At 17 and I didn’t say stop, because I was afraid to say stop, uh, I don’t know why I was afraid to say stop, but I never said stop I don’t like this, I only said that I don’t want to see my dad anymore, also because he was the bad guy, he was the bad guy, and I had to take care of my mom, and he broke the marriage, and he, had he brought a third person in the marriage, so I had to try to defend my mom, and I think these are all the reasons why I never said to my mom stop I don’t want to do this anymore. Because I was feeling guilty, and I was feeling also responsible.

You were feeling responsible? I was feeling responsible because I didn’t, I want to defend her, and I was also because I knew that I am like my dad because I knew from a young age that I am more similar to my dad, that I was afraid and I didn’t want to do the same things to her as my dad, so I was trying to, to be different. It’s a lot. It’s a lot, it’s almost like being therapist, being family therapist, being individual therapy to therapist to your mom, looking after your sister, but all this is not just the physical looking after but, very much the emotional and mental health, of looking after the everybody in the house.

What I understand now as adult, is that I try to block all my emotions, I wasn’t feeling anything, I, for years, I couldn’t, I couldn’t even cry, and I never discussed it also with my friends, my best friend of course he understood what happened, but I never told her after. Many years I told her that my parents got a divorce. I was trying to hide it.

Why didn’t you tell your friend about your parents’ divorce?

Can I ask why you didn’t tell her or why you were trying to hide it? I think that for that time in Greece divorce was something very, you know, they were pointing the finger on you if your parents were, it’s not some, it wasn’t something so common as it is in these days, and I was feeling also a little bit embarrassed also when we were going out, I was looking with my dad, I was looking, you know, if we were going to a restaurant for example, I was looking around the other families that they were all mom, dad, and kids and I was afraid, and I was feeling that everybody is watching us, and they see that the mom is missing, so that something is wrong here.

And then you would feel embarrassed? Embarrassed yes, I was feeling embarrassed. No wonder you didn’t have space to deal with your own emotions, you were dealing with everything else, you there was no room for you to, to do, yeah.

Did anybody take care of you during this process?

Did anybody look after you? I think nobody, yeah, because everybody was a bit shocked with this, with the divorce, and they were trying to handle it, for example also for my grandmother was something really hard for her, and she was feeling really sad, for her daughter and for, I don’t know maybe, she took it also personally due to the third person. And um, well everybody was trying to tell me that my dad is a bad guy, and you have to take care of your mom, and nobody actually, well they were asking me if I am okay, but I, I, I had to be the strong person to take care of my mom so when you ask me, when you say all this, and then you ask me how, how am I, I think that you can’t expect me to open up and speak.

It’s true and also you’re going, what if you open up then who’s going to contain those feelings, who’s going to take them, and look and if even if I missed my mum, my dad I was, it was really hard for me to express this and talk about it because he was a bad guy, how I could miss a, a person that betrayed my mom. Yeah, yeah. You said something earlier on Despina you said, there was, the third person, but, you will go along with whatever is said about this other person, so if they, say the person is bad and everything then, you, you’re a child you just go along with that. Yeah. Yeah. Yeah. I think that this is, and it’s the, that’s why I think it’s a very delicate subject the, the third person and the betrayal generally and I understand as a woman I understand how hard it was for my mom, yeah, and, but on the other hand, for example for me, even at this age, that now I am 42 years old, I still don’t have a relationship with my, with this person.

Because my dad is married to this person, now and he also has a child, yeah, oh I see, even now because of all the things that I heard in the past because all of this hate, and all the anger, and all this discussion about this person, even now, I, I don’t have the courage to meet this person and talk with her, because I feel that I’m betraying my mom if I do it. And if if you did do that today, do you think you would actually be betraying her, do you think that she, she would I’m feeling, yes that she will feel she will feel bad, she will feel that I’m hurting her if I do this. What about the child in the, well I would like to meet him one day, this you, haven’t met him either? No. How old is he? I think it’s 20, he’s 20,wow, what, what.

The picture I’m getting is just how deep, this has run, it wasn’t just temporary, it has run it, almost like permanent scar, and cut that hasn’t completely healed. Yeah, and I think that this, you know, doesn’t help you to have a good balance, because uh, I mean for the, it’s good to have a blended family, I feel like it’s good to have, you have more people in your life, and they probably can, you can have also a good relationship. Yeah.

But that’s why I, I think that it’s important how you talk to kids about the third person in the life of one of the parent, if this happens, and that’s why I feel that it has to be completely different because I understand how hard it was for my mom, as a woman I completely under, I 100% understand her, and most probably, I would have done the same thing as a woman. But as a kid, when you lose, it’s completely different for the kid because for the kid it’s the dad, you can’t say for to the kid that your dad is a bad guy, because the kid knows firstly that maybe he has same characteristic to this person, and it’s one of the two fundamental people in his or her life in the child’s life, yeah, yeah. If you say that this person is a bad person because he broke the marriage, because he brought a third, he met a third person, and he betrayed his um, his woman and everything they the kid maybe feels also that something, is something wrong with, with the kid also, I mean I was feeling that something was wrong with me, that I don’t have a good character, that maybe I will do the same thing when I will grow up.

Wow I see, so you’re saying because, correct me if I’m wrong, so you’re saying as a child, you know, this is Mommy, this is Daddy. So I love this person, I love that person. I’m part this person, I’m part that person, these are my parents, so if you’re told one parent is a bad parent, then, you start thinking am I also bad because I’m part this person. I’m part, I mean, I have half the DNA, of this person, so whatever you say about this person the kid will feel like it maybe, it’s also they, they, they make it a. They introject, they take, yes, yes, yes, that’s really important and I wish, I wish parents could hear that because, I’ve worked a lot with parents who are going through divorce, and um, both as a family mediator, which I used to do before, and then as a psychologist, where parents are going through divorce and they’re struggling with a divorce. And this part that you’re saying about how you speak about the other parent, actually can affect the child not just in terms of the relationship with that parent, but personal, how they view themselves. Yeah.

When you decided you didn’t want to see your dad anymore, was that a way to protect yourself?

When you decided you don’t want to see your dad anymore, from what you’re saying, I’m beginning, I’m seeing it like it was a way for you to protect yourself, and, I was trying to protect myself to, I was trying to find the solution to this situation where I wasn’t in the middle. Yeah, yeah.

And this lasted for 20 years? Yes, because after that I, I knew that uh, if I start having a relationship with him, I will have exact the exact same problems, and actually after I went to therapy, and I worked a lot with myself, and I realised certain things, and I had the courage to admit to myself that if I don’t recreate a relationship with my dad, I will always have an emptiness in me. Uh, the after that I started realising that yes, I have to have a relationship and I have to meet him again, and I felt really good with myself when I start to have again a relationship with him. But I’m still afraid, and I said to my mom that I will do that, I will have a relationship with him but I don’t want you to ask me how he is and what he’s doing. I don’t want you to know anything about that, I mean, I’m still afraid of being in the middle, yeah, even if I have worked a lot with myself, yeah, and you’re an adult you know still the fear still continues, so you, because you know the trauma creates a fear and the fear is always there and it comes up even when you don’t expect it and even if you feel an adult, you know I have my own family now, I have a kid, I am an adult still if my mom ask me how is your dad I will feel afraid to answer that question. Yeah, yeah, and does she ask you? No, no, no. You put the boundaries and, and that’s it.

When you broke contact with your dad, did he try to speak to you or visit you?

When you stopped seeing your dad did he try to reach out, try to see you, call you? He tried, he tried sometimes even if my sister feel that he had to try more, and sometimes I think about it also, but I feel that it was like a punishment for him because he was trying, he was calling, but we never answered. Okay, I, I have thought that maybe he could try harder, yeah, but um, to be honest I don’t know how difficult it was for him also. Okay. To continue pushing the same wall. Okay, there you go, already thinking about him and yeah, you know falling into the, it’s in the kid nature to think about the, and to be honest I always think and I say this, that they say in Greece that the parents are sacrifice many things for their kids but I believe the opposite.

I believe that kids sacrifice more for their parents, kids can sacrifice their own personality for their parents. Like you did? Like I did and generally I can see this many times for the kids, kids trying to protect their parents, even when they, even in the parental alienation when they don’t talk to their parents, sometimes there is another reason that has nothing to do with the other parent that they are not talking to them, and they still feel guilty for not doing it. Yeah, okay, okay.

What would you say to a dad who thinks they have tried their best for their children?

I have a question about that um, when you said he could have tried harder. Because one of the things that I found especially, most of my clients have been fathers, um, and the fathers who have been asked you need to take a parenting course so you can start seeing your children again for, for whatever reasons, and some of these fathers who have been asked by the court to take their parenting course, have been one of the mo, some of the most fantastic fathers I have met, so really good Dads, and they’re so keen to seeing their children. But sometimes I have had fathers who will say, but I have tried calling and they’re not picking up, I’ve sent messages they’re not picking up, what else do you want me to do?

What would you say to a dad who’s who thinks that he’s done the most, what, what more can they do? Well for me they have to still keep trying, yeah, with calls and messages not something else but they have to keep trying, yeah, yeah however much they find it difficult just to keep trying consistently, yeah, they find it difficult because maybe it hurts them personally, maybe it makes them feel bad, I can understand how hard it is, but the child, but you have to keep trying, you have to trying.

Yeah, yeah, yeah. This is the only evidence that you have later, to show them that you fight for them, you try to fight for them, yeah. I have a very, very close friend of mine who did that, who fought for his daughter for, years and years, and by the time they reconciled I think when she turned maybe 18/ 19, she got in touch with him, and uh, and now they see each other and you know, nice relationship, but like you say there’s the evidence he could show her, everything he had tried, going through the courts, um, trying to find like a, contact centre where they would meet everything he had like a big, you know, folder to show this is what I’ve done and I think in the background, she probably, as she was growing up she could see and she could hear and then when she was free, then she got in touch with him and she appreciated that he kept trying, but the children have no power.

 

They have no, no, no, exactly and this is also something that I’m also try to say it often to the parents but, that the kid does doesn’t have the ability and the freedom to open the door and leave the house, the kid has to stay, has to stay with one of the parent because they cannot survive if they open the door. That’s why for the kids it’s completely different, they have to survive between two people that they don’t want to see each other and they have also the possibility not to be together anymore, the kid cannot say that I will divorce my parent, you can divorce the partner but you can, you cannot divorce the parent. So that’s why it’s completely different for the kid and nobody hears the divorce through the eyes of a kid. Also the kids have a story of divorce, but it doesn’t going, nobody hurts about it. Yeah, I like that the kids also have the story of the divorce but nobody is hearing it. Yeah.

When you decided not to see your dad anymore, was it painful or was it survival?

When you decide decided not to see your dad, was there, was there, it sounds like a silly question but was it painful was it or was it just survival? No, at the moment it wasn’t painful because it was, I was in survival mode. Yeah, yeah, yeah. Uh, but when I grow up and I start working with myself I, for a years I was trying to hide all the emotions, and then I, it was also hard for me to admit that yes I miss him and, and I want to have a relationship with him and I was doing it for me because you never feel complete if you don’t have a relationship, even a bad one, with one of the, with your both parents, both parents. Yeah, yeah.

What advice would you give to parents who have not yet told their children about the divorce?

Despina what would you say to parents who are going through divorce, now, in terms of I’ll break it down in two: What did you say to parents who are listening to this and who have not yet told their children about the divorce? What advice would you give them in terms of telling the children and how to manage it from there? Well for me the announcement is not as important as how you will handle it after that, because many times they announce everything and everything looks perfect and after that it’s, it’s completely different. So for me, the most important is to start therapy first, to work with your emotions, a little bit, and then to announce it to the kids, and to be ready to handle and then to be so to be ready to handle the parenting plan, because if you cannot handle your emotion, you can never sit down and create a parenting plan and be ready to talk about the kid’s needs. Okay.

In this situation you know so where there’s let’s say a third person like in your situation and everything happens really fast, and maybe one parent says oh my gosh you’re having an affair that’s it I’m done you’re out, right, they don’t have time to go for therapy and to plan it out it, happens so fast. So if, if and I completely agree with you that the announcing of the divorce is a big deal but what is an even bigger deal. is how the divorce is managed because that can end up being this, the main trauma for the child not even that, that.

How would you suggest that parents handle the divorce to make it as child centred as possible?

So how would you suggest that parents handle it, once the announcement has been done, after that to make it as child centred as possible? For me as soon as you start therapy again, also for in this situation even if it starts really the things happens really fast, you still can as fast as the things evolve, you can start the therapy, because otherwise in a, in a month, the things will go really bad, and for the kid will be really hard to handle, but not only one both of them they have to go. This is the problem, yeah. Also especially the person that was betrayed and uh, so that the other parent had an affair, this is the person especially that has to go to the therapist, right, okay.

And the children, and therapy, or you think if the parents? No I think that if the parents go, the kids will be fine. Yeah, I, I agree with that, I agree with that. Yeah, because then they learn how to look up, they know how to explain the things, yes, and they will divide their emotions from the kids, yeah, yeah, and they will be maybe they will be able to see how hard it is for the kids. Yeah, okay.

Should parents tell the school or teacher about their divorce?

Another question is um, with regards to school, do they tell the teachers, do they tell school that we’re going through divorce, or do they keep quiet about it? I mean, what, what would your view be on that, I know I have my view on it but, to be honest to, to be honest I was feeling embarrassed, I didn’t want for my professions, for my teachers to know about the divorce.

But I think that the, the teacher should know about it, so as to handle it in a more delicate way, and if they see a strange behaviour, to be able to help, yeah, and to be able to know why this strange behaviour is here, otherwise if they don’t know, and the child starts changing their behaviour, they’re not concentrating, they’re playing out, and they’re like what’s wrong with this child, yeah, but as soon as they know ah, there’s something happening at home then they’re able, and also children reach an age where they spend more time at school than they do at home, yeah. So you know.

And maybe if they have a good relationship with the teacher maybe they can discuss about it, but it’s good, and the teacher should never go to the child and say that I know about that, yeah, it’s the kid that has to go to the teacher and confess this. Tell the teacher yeah and, and, um.

How did you get back in contact with your dad?

How did you get back with your dad? I just called him once and I, told him that I, how are you? What are you doing? I was afraid to do the call, but after that I felt really good with the, with myself, yeah, therapy helped me to take the step, and do it, yeah, it could not have been easy but I’m glad that you did it because I imagine that I, I always, I often say that if you have that question shall I get in touch? Shall I not get in touch? Then get in touch I would say, because if you are absolutely sure that you didn’t want to get in touch, then you wouldn’t have the question, you know, the back of your mind should I get in touch, just get in touch and then, see what happens from there, and then you don’t ever have to have the question again.

Yes, yes, I completely agree with this. Yeah, yeah.

Does your daughter see your father?

So is your, I know you mentioned that you have a little daughter, so is your daughter seeing your dad? Do they. Well uh, we have a, trying he, he cannot walk he had an operation, okay, and he, he doesn’t want to see her right now because he has some difficult problems with his health he has some issues but uh, I mean, I am sending her, sending him photos and I hope that one time he will meet her. Yeah, yeah so it’s kind of like slowly building up you know yes, yes, yeah, okay, all right.
Um, so your book Despina, yeah, where can we get it? Uh, on Amazon, it’s in English and also in uh, Portuguese, okay, you can find it also in Portuguese, yes, they are both on Amazon, and in Portuguese is also available from [unclear] okay, all right, and I have also created a diary, that goes with the book that you can find it also on Amazon, only because I think that it’s really good for the kids to write their emotion at least, if they don’t have anyone to confess and to talk, they can write for themselves certain things or certain thoughts. Okay, oh, that’s so, the, the diary is for the children, children yes, it’s also, okay, so it’s, it’s separate from the book? It’s separate from the book yes, they can, you can buy it or not, but the independently from the diary if the kids don’t have someone to confess and to talk, it’s good if you help them to write down their thoughts, and I think, even if they have somebody to, to talk to and somebody still wants to, you know to, to write things down for themselves because writing can be very helpful, to process you know um, what we’re going going through.

And what’s the title of your diary? What’s the diary, the, it’s just the diary, the diary and it’s under my name, yeah, that’s, okay, all right. One last thing I would like to say now that we were talking about the diary, because for the kids it’s very, it’s very important when you are with a kid, to let them free to express all their emotions for the other parent. I mean even if they say that they had a good time, be happy, try to be happy for them, yeah, if they get a present that you don’t like, yes, from the other parent, and you don’t agree with this present, or you think that it’s really cheap, try not, to, it’s important not to say anything. Yeah, yeah, this is the only way that they will feel like they have the space, and they feel secure, and they will be able to express themselves. Yeah, I absolutely, and thank you so much for bringing that up, I absolut, absolutely agree with that in those situations I think as the parent, you have to just bear it, you have to bear it and allow the child to come back and say, you know, when I was at daddy’s I did this, and this, and that, and when I was at mommies, oh yeah, that sounds really um, like it sounds like you had a good time, and even if inside you’re thinking to yourself, I don’t want to hear this, I don’t want to hear it, but actually just allowing the child the space to be a child.

Yes, like, like it was before the divorce exactly, exactly I mean that sometimes when, and, and I know some of the parents they, they completely say that they cannot do it, it’s such a difficult journey to go through, divorce, even where they’re no children. Right, yeah, when they’re children it makes it even harder at that point, but if we going to go and continue parenting full on, the way we would parent even before for the divorce, there are certain things that can make the child’s world much, much easier to cope with. Completely different, it will completely, and it will not leave any trauma. Yeah, yes, exactly, exactly and it’s, it’s things like um, and some of the parents tell me I’m absolutely not doing that, I say okay, so it’s Mother’s Day, go and get your child a Mother’s Day card for his mom, or her mom, it’s Daddy’s birthday, get them to you know, as much as you just don’t like the person but he’s still the person who is important to your most important person, and she’s still the most important person to, you know and when I tell parents that they’re like I promise you, I am not buying a Mother’s Day card, it’s not happening but at least I’ve put that idea there because, I look at the child, you know, the child and look at it from the perspective of the child, oh Mommy happy Mother’s Day, you know.

And don’t talk about money! No, oh gosh, this, this was a great, this was such a huge issue, wow, did you have to do that? Yes, I had to, to talk a lot about money because my dad was, wasn’t paying anything, almost anything for us, and my mom was paying everything for us. So I was feeling that I was a burden for my mom because he was paying everything, and I was a feeling that I was nothing for my dad because he wasn’t, he didn’t want to pay anything, wow, yeah, so if you talk about money, kids will never feel good, because if you say that I spend a lot for you, they will not feel that you care, they will feel that they are a burden, and if you say that your dad or your mom doesn’t pay anything for you, they will just feel that they don’t love them enough. Yeah, so don’t talk about money. Yeah.

There are three things that I say, when, to parents when they’re going through divorce and that’s one of them. Don’t involve children in adult matters. They don’t need to know when you’re going to court, they don’t need to know what the court papers have said, they don’t need to know what their financial agreement is,, they don’t they just, because they don’t have any power to deal with this ,they don’t know what to make of it they don’t, this, like you say they can’t say, I’m leaving, so, don’t involve children in adult matters, do not get them to mediate, between the parents you know, can you tell your mom this, can you tell, you know, in terms of mediating oh, but you know I really love your dad, maybe if you told your dad he would listen to you, oh, you know, your mom, you know.

It’s, it’s kind of like, just don’t get them to mediate, and don’t let them be messengers, you know, go and tell your mom I’m coming on Saturday at 2:00, mom, dad is coming at 2:00, 2 o’clock is not his time, you know, and then it just becomes like I’m just giving you a message but then, like you had to do, soften the message, timing, everything look after it, so that it, it doesn’t, it can have a soft landing. And kids sometimes in this dialogue they will try to say maybe also opposite things to each parent, probably they will say for example, to the dad I had a great time with you, and they will say to their mom no, I, I, it was boring with Dad, I didn’t like it, yeah, and when they will go to mediation they will start fighting because they will see but, the kid told me that he had a great time, and Mom will say no, but he, he said that he didn’t like it. Yeah, yeah, yeah.

So, we need to just, like you say continue parenting as we would before the divorce, that’s why I think that the therapist will help, nothing else can help, and also the, for the people that go to the court and they believe that the judge will see the case, and they will understand and they leave the judge to decide for their families I mean, I find it really, difficult, to believe that the judge in 15 minutes will decide about the family of, around 10/ 15 years that they are together and they, they will decide exactly and, what it’s best for this family. For the child where, where the child goes, on which day, at what time , and everything like that. Yeah, I think um, and, and I, I, I, think that nowadays even judges don’t want people to come to court, no, no they don’t, yeah.

Despina if anybody wanted to contact you with regards to, not just your book, but um, just to ask, ask you questions can they do that about how to manage their own, yeah. Yes, of course, well I can talk about my personal relationship, I mean about me, and my experience and as a mediator yes, I could give some advices, of course, okay, and yes, I will be happy to help um.

You have a website? I don’t have a website, I have my email and I have a Instagram, uh Facebook, yes, and TikTok. This time, what’s your social media? It’s a, author Despina, you can find me under my name, and with the word author in front, okay, author Despina Mavridou. Yeah. Okay. For Instagram? For Instagram, yeah, okay, all right.

Thank you so, so much for taking the time, thank you, yeah, I know, it’s, I hope that it was helpful and if there are any questions we can do also another one, if you want to answer them, yeah, yeah, honestly I think um, I, I hope as many parents as possible will listen to this and even, if you change the direction that one or two parents are taking currently, with the divorce of their children, then um, that would be a job well done. Yeah, yeah, thank you so much. Thank you, take care, bye-bye.

[Music]

Read more articles by Despina Mavridou.

About Despina Mavridou

My name is Despina Mavridou. I am an author, a mediator and a lawyer in Greece.

I experienced the negative effects of divorce due to my parents’ separation when I was ten years old. For many years I was in the middle of their fights, trying to find a balance. When I was approx. 17 years old, I decided that I didn’t want to see my dad anymore. This cost me my relationship with him for more than 20 years (we have reunited recently).

After many years working as a lawyer, in the last four years I discovered mediation and also my passion for writing. For this reason, I left my job as a lawyer to concentrate on my passion.

My first published book is titled Mum, Dad, Can you hear me? and it is partially based on my personal story. I always wanted to share certain things with my parents to make them understand how I was feeling about their divorce.

Moreover, working as a mediator in family dispute issues, I saw how difficult it is for parents to get in their kid’s shoes.

The specific book Mum, Dad Can you hear me? serves dual purpose.

On one hand I want to help children understand that divorce is not the end of the world and that they can have both parents in their lives.

On the other hand, I want to help parents see divorce through the eyes of a ten-year-old girl to better understand the thoughts, needs and feelings of children and how important it is for them to have both parents in their lives.

Why a Therapist is Sometimes More Crucial than a Lawyer in a High-Conflict Divorce
Image by DC Studio on Freepik

Why a Therapist is Sometimes More Crucial than a Lawyer in a High-Conflict Divorce

Despina Mavridou
Despina Mavridou
Author, Mediator, Lawyer

According to statistics presented by Forbes magazine in 2024, over 70% of couples reported not understanding the realities and stages of marriage, while 75% cited a lack of commitment as the reason for their divorce—higher than the 60% attributed to infidelity, as stated in the same article [1]. This suggests that when we decide to marry, we often don’t fully grasp what we’re committing to. If communication is difficult during marriage, one can only imagine (and perhaps experience firsthand) how challenging it becomes during a high-conflict divorce.

In my case, I vividly recall my parents’ divorce when I was 13 years old. My mom’s lawyer advised her to safeguard all her assets and finances to prevent my dad from claiming a share of what she had built during their marriage. My mom was the primary breadwinner, while my dad took on more of a caregiving role at home.

My parents opted for what legally qualifies as an amicable divorce, as my mom wanted to shield us from the harsh realities of court proceedings. However, over time, she began pressuring me to persuade my dad to transfer his portion of the property to me and my sister, asserting that it rightfully belonged to us. These conversations, orchestrated by my mom, deeply unsettled me. She would dictate what I should say and how I should respond, then interrogate me upon my return home to dissect exactly what had transpired. In the end, she would lament, “See, your dad refuses to give back what is rightfully yours, all because of his own desires and those of his girlfriend.”

My dad staunchly maintained that the property was rightfully his and refused to sign it over without providing a satisfactory explanation for withholding it from his children. Thus, at ages 13, 14, and 15, I found myself assuming the roles of financial advisor and mediator between two individuals grappling with depression and the agony of divorce.

After years of tumultuous arguments and hostile exchanges, my dad eventually signed everything over, and now, all assets belong to my sister and me. However, my mom vehemently opposes any notion of selling these assets, citing her contributions from her hard-earned money. It took me years to comprehend that my mom was safeguarding her assets and had unwittingly used me as a pawn to achieve this.

It also took years for me to grasp the underlying truths hidden behind her statements—like her long work hours from 6 a.m. to 11 p.m., ostensibly to support us financially, which also concealed her desire to distance herself from our family situation, unable to cope. Similarly, it took time to understand why my dad didn’t fight harder for us, maintain closer contact, or provide financial support. Some of these questions still burden my mind today, unanswered and swept under the carpet.

However, through my own therapy over the years, I’ve come to realise that if both my parents had pursued therapy to confront their emotional baggage and familial challenges, it would have significantly eased the burden on us as children. I have witnessed this in many mediations where parents express their desire to do everything for their kids, only to contradict themselves seconds later by claiming they cannot adjust their schedules to accommodate their children’s activities—a situation that likely never arose before their marriage. What I hadn’t realised is that when a person comes to mediation for a family issue like divorce, they are not alone; their entire family comes with them. They carry burdens from childhood, including past traumas, responsibilities, and family expectations. For instance, during one mediation, a father told me, “My dad—thus the grandfather of the child—would be really disappointed in me.” You see, after a significant disappointment like divorce, parents not only carry the responsibility of handling their own divorce but also the frustration and disappointment of their families. The roots of these issues go so much deeper, and without addressing them, mediation can never fully succeed. Without healing from the anger, frustration, and wounded egos, discussing children’s parenting plans and financial matters becomes nearly impossible. Addressing emotions can save time, money, and anger, and most importantly, it can spare children from assuming roles that are not theirs to bear.

This is why I believe that a therapist can be more important than a lawyer. While a lawyer focuses on legal matters and may bring their own emotional biases to the table, a therapist delves into the heart of the issues and facilitates easier resolution of legal conflicts.

[1] https://www.forbes.com/advisor/legal/divorce/divorce-statistics/

Read more articles by Despina Mavridou.

About Despina Mavridou

My name is Despina Mavridou. I am an author, a mediator and a lawyer in Greece.

I experienced the negative effects of divorce due to my parents’ separation when I was ten years old. For many years I was in the middle of their fights, trying to find a balance. When I was approx. 17 years old, I decided that I didn’t want to see my dad anymore. This cost me my relationship with him for more than 20 years (we have reunited recently).

After many years working as a lawyer, in the last four years I discovered mediation and also my passion for writing. For this reason, I left my job as a lawyer to concentrate on my passion.

My first published book is titled Mum, Dad, Can you hear me? and it is partially based on my personal story. I always wanted to share certain things with my parents to make them understand how I was feeling about their divorce.

Moreover, working as a mediator in family dispute issues, I saw how difficult it is for parents to get in their kid’s shoes.

The specific book Mum, Dad Can you hear me? serves dual purpose.

On one hand I want to help children understand that divorce is not the end of the world and that they can have both parents in their lives.

On the other hand, I want to help parents see divorce through the eyes of a ten-year-old girl to better understand the thoughts, needs and feelings of children and how important it is for them to have both parents in their lives.

Photo by Sarah Agnew on Unsplash
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What Happens to Your Finances in Divorce? Key Factors to Consider

 

Peter Marples
Peter Marples
Editor at The Divorce Magazine
Director at Fair Result

Sponsored post by Fair Result.

Divorce is a complex and emotionally challenging experience, and it’s often accompanied by a range of financial implications. As you navigate the divorce process, understanding what will happen to your finances can make a significant difference in protecting your future. In this guide, we’ll cover the essential financial aspects of divorce, including financial settlements, consent orders, mediation, and how the divorce proceedings impact your financial outlook.

Understanding Financial Settlements

A financial consent settlement is an agreement between you and your former spouse on how to divide your financial assets after the marriage is dissolved. This settlement typically includes assets such as property, savings, investments, pensions, and sometimes, even personal belongings of substantial value.

It’s crucial to remember that a financial settlement can have long-lasting implications on your financial health. Therefore, ensuring a fair and thorough agreement is essential. Financial settlements are not automatic during divorce; you must actively pursue this part of the divorce proceedings. Without a formal agreement, financial ties may remain in place, leaving you vulnerable to potential future claims from your ex-spouse. You should seek professional independent legal and financial advice as you navigate the agreement on how to divide your assets, to avoid any pitfalls commonly made such as tax liabilities.

The Role of Consent Orders

A consent order is a legally binding document that finalises the division of assets and financial responsibilities between you and your ex-spouse. Once you and your ex have reached an agreement on the financial settlement, a consent order is submitted to the court for approval. This document is critical as it prevents either party from making future financial claims against each other, providing closure and security for both parties. Once the consent order is sealed by the court your future security is protected and it would be very difficult for an ex-spouse to challenge.

Without a consent order, you could potentially face financial claims from your ex-spouse in the future, even years after the divorce. For this reason, securing a consent order is a wise step to ensure that your financial settlement is legally recognised and protected.

Mediation: A Cost-Effective Solution

For many couples, mediation is a valuable tool in reaching a financial settlement. Mediation allows both parties to discuss and negotiate the terms of their divorce in a controlled environment, with the assistance of a neutral third party. It’s often more cost-effective than going through prolonged court battles and can help facilitate a less adversarial divorce process.

During mediation, you and your ex-spouse can discuss various financial aspects, including the division of assets, child support, child, and spousal maintenance, if applicable. Mediators are trained to guide conversations constructively, focusing on mutual understanding and compromise. Although mediation isn’t a substitute for legal advice, it can be a highly effective first step in reaching an amicable and fair agreement.

Feel free to get in touch with Fair Result if you are seeking a mediator or need help with drawing up your agreed financial consent order. You will need a specialist solicitor to draw up and submit your agreed consent order, even if you have used a mediator to assist with reaching the agreement. This is because mediators cannot complete the final act of having the order approved by the court.

Key Financial Aspects to Consider in Divorce

When going through the divorce proceedings, several financial considerations need your attention. Here’s a breakdown of some of the key areas:

  • Property: One of the most significant assets for many couples is their home. Deciding who gets to keep the property or whether it should be sold, and the proceeds divided can be challenging. The financial settlement will outline how the property is handled and whether the home is split equally or otherwise, including whether one party should remain in the property until the children reach a certain age.
  • Pensions and Retirement Funds: Pensions are often overlooked during the divorce process, but they can be one of the most valuable assets to consider. In the UK, pensions can be divided through pension sharing orders or earmarking orders or offsetting the value of one person’s share in the pension against their value in another asset – normally a house. Working with a financial advisor and solicitor can help you understand your options and make the best decision for your future.
  • Savings and Investments: Savings accounts, investments, and other assets acquired during the marriage are typically considered matrimonial assets and are subject to division. It’s essential to disclose all assets honestly to ensure a fair settlement.
  • Debts and Liabilities: Divorce doesn’t just mean dividing assets—it also includes dividing any joint debts. If you and your ex-spouse accumulated debt during your marriage, such as credit card debt, loans, or mortgages, these liabilities may be divided as part of the financial settlement. Make sure to discuss how these debts will be managed to prevent financial complications in the future. This is also especially important if there is a business owned by either or both parties to the divorce.
  • Child Support and Maintenance: If you have children, child maintenance payments may be required to support their upbringing. The amount is typically determined based on the income of the non-residential parent. It’s vital to include child maintenance in your financial settlement to ensure that your children’s needs are adequately addressed. This can either be done using the child maintenance service calculator which simply divides income against the number of nights each parent has the child or alternatively you could agree voluntarily an agreed amount each week/month.
  • Spousal Support: In some cases, one spouse may be entitled to receive spousal support, especially if they have lower earning potential or sacrificed career opportunities during the marriage. The financial settlement will outline the terms of spousal support, including the amount and duration. It is important to remember though now the aim of the court is not to give spousal maintenance for life – it is just for a period of time for a spouse to return to independent living.

Navigating the Divorce Process: Seeking Expert Help

Understanding the intricacies of financial settlements and consent orders can be overwhelming. This is where professional guidance comes into play. A skilled divorce solicitor can help you navigate the legal landscape, ensuring that your rights are protected and that you achieve a fair outcome.

Working with experts not only provides peace of mind but also helps you avoid costly mistakes that could impact your financial future. Divorce is more than just a legal process—it’s a time of transformation and taking proactive steps to protect your financial wellbeing is essential.

The Importance of Taking Early Action

The earlier you begin preparing for your financial settlement, the better positioned you will be to protect your assets and secure your financial future. It’s easy to become overwhelmed by the emotional aspects of divorce but ignoring the financial side can lead to lasting repercussions. Start gathering financial documents, organising assets, and assessing your individual financial needs as soon as possible.

With a solid plan in place, you can approach the divorce process from a position of confidence. Whether you pursue mediation, seek a consent order, or simply work through the financial aspects with a solicitor, taking these steps early on can make a world of difference.

Final Thoughts: Protect Your Financial Future

Divorce is one of life’s most challenging transitions, but with the right preparation and support, you can secure a stable financial future. Remember, reaching a fair financial settlement and obtaining a consent order can provide the legal protection you need to move forward without the fear of future financial claims.

If you’re considering divorce or are already going through divorce proceedings, don’t wait to get expert guidance. Fair Result offers a unique, fixed-fee divorce service, covering all aspects of divorce, including court time, barrister fees, valuations, and everything required to achieve a fair and equitable outcome. Let us help you navigate this journey with confidence.

Ready to take control of your financial future during divorce?

Get in touch with Fair Result today to discuss your options and learn how we can support you:

Call: 07500933818 or 0333 577 7009

Email: peter@fair-result.co.uk or chris@fair-result.co.uk

Read more articles by Peter Marples.

About Peter Marples

Peter Marples – Director of Fair Result and qualified accountant, with the determination to change the way divorce is transacted. For further advice on financial settlements and navigating divorce, use the contact details below:

  • Email
  • Give the team a call – 07500933818 or 0333 577 7009
  • Complete an enquiry form
It's Beginning to Look a Lot Like Christmas: The Empty Chair
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It’s Beginning to Look a Lot Like Christmas: The Empty Chair

Despina Mavridou
Despina Mavridou
Author, Mediator, Lawyer

“It’s Beginning to Look a Lot Like Christmas”—But Not Everyone Feels That Way. As Christmas approaches, festive decorations and holiday cheer fill every corner. Yet, for many families, this season may bring unique challenges. For some, it might be the first Christmas with an empty chair at the table—a bittersweet reminder of a loved one now living in a different home. This absence serves as a stark reminder that things have changed and that cherished traditions may never be quite the same.

For years, my own family experienced this quiet discomfort, particularly around the holidays. There was an unspoken rule not to mention what had changed, but I learned that silence can turn this absence into a lingering shadow—a ghost that haunts the holiday table year after year. Ultimately, the empty chair remains, and everyone tiptoes around it, fearing that speaking about it will bring back sadness.

While these changes may be difficult, they don’t have to cast a shadow over the holiday or create quiet discomfort, especially for children. Give kids the space to express their feelings and share their sadness if they need to. Don’t feel you need to appear overly cheerful; this can confuse children. Instead, work together to plan something meaningful, and if there’s a moment when sadness surfaces, simply be present. Accept their feelings without trying to fix or advise. Often, your presence alone is enough.

The Christmas season can indeed be hard for separated families, particularly in the first year apart, and especially for children. However, parents have the power to create a new dynamic—one that acknowledges change without framing it as a loss. How can this be done? By creating new traditions and allowing children to express themselves openly.

Allow kids to share if they miss the other parent rather than avoiding the topic. This openness can help them accept and process their emotions, making them feel seen and supported. Explain holiday plans clearly, including how much time they’ll spend with each parent. If one of the major holidays is spent with the other parent, consider creating your own special “Christmas Day” on a different date, giving your family a holiday of your own to look forward to.

For the parent who remains in the family home, it may help to create new memories in shared spaces. Consider rearranging the furniture, adding new decorations, or introducing new traditions to refresh the environment. For the parent who has moved to a new home, involve the kids in decorating and setting up—let them help create new memories in this new space.
Keep in mind that kids may always miss having their parents together, as you are the most foundational figures in their lives. While it’s hard for them to accept the separation at first, they will adapt and find balance. They can process the separation if they feel safe, secure, and supported. However, they struggle when they feel caught in the middle, expected to deliver messages between parents, or pressured to take sides. This is not their role.

It’s beneficial to maintain the same parenting values you had before the divorce and to avoid confusing them by allowing certain privileges in one household that are not permitted in the other. For example, allowing unlimited television in one home does not make anyone a better parent; it simply gives kids a sense of control. Competing to fulfill all their wishes regarding presents may lead children to expect more and more. When parents don’t communicate and cooperate, kids notice and may even “use” this by telling each parent different things, making it difficult to understand their real needs and feelings.

Before creating a new parenting approach and setting aside previous household rules, keep in mind who is most affected by these changes. Remember that what kids need most is your presence and the consistency that their experiences in both homes are aligned, as contradictions can confuse them more than anything else. At the end of the day, it’s just another festive season, and how it unfolds is entirely up to you.

Read more articles by Despina Mavridou.

About Despina Mavridou

My name is Despina Mavridou. I am an author, a mediator and a lawyer in Greece.

I experienced the negative effects of divorce due to my parents’ separation when I was ten years old. For many years I was in the middle of their fights, trying to find a balance. When I was approx. 17 years old, I decided that I didn’t want to see my dad anymore. This cost me my relationship with him for more than 20 years (we have reunited recently).

After many years working as a lawyer, in the last four years I discovered mediation and also my passion for writing. For this reason, I left my job as a lawyer to concentrate on my passion.

My first published book is titled Mum, Dad, Can you hear me? and it is partially based on my personal story. I always wanted to share certain things with my parents to make them understand how I was feeling about their divorce.

Moreover, working as a mediator in family dispute issues, I saw how difficult it is for parents to get in their kid’s shoes.

The specific book Mum, Dad Can you hear me? serves dual purpose.

On one hand I want to help children understand that divorce is not the end of the world and that they can have both parents in their lives.

On the other hand, I want to help parents see divorce through the eyes of a ten-year-old girl to better understand the thoughts, needs and feelings of children and how important it is for them to have both parents in their lives.

The Benefits of Early Divorce Preparation: Financial and Emotional
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The Benefits of Early Divorce Preparation: Financial and Emotional

Chris Sweetman
Chris Sweetman
Editor at The Divorce Magazine
Director at Fair Result

Sponsored post by Fair Result.

The decision to end a marriage is one of life’s most challenging crossroads. While divorce is never an easy journey, early preparation can significantly smooth the path ahead and protect your interests.

Our experience consistently shows that early preparation is crucial for achieving the best possible financial and emotional outcomes.

Understanding Financial Preparation

The Importance of Asset Documentation

The foundation of any successful divorce settlement lies in having a complete and accurate picture of your financial situation.

Starting this process early allows you to methodically gather and organise crucial financial information without the pressure of looming court deadlines. This involves more than simply collecting bank statements; it requires a comprehensive review of your entire financial portfolio.

When you begin early, you have the time to track down old pension statements, locate property deeds, and compile tax returns from previous years. This thoroughness can reveal forgotten assets or highlight financial patterns that might be relevant to your settlement.

For instance, we’ve seen cases where early preparation helped clients discover pension entitlements they weren’t aware of or identify patterns of spending that proved crucial during negotiations.

Financial Planning for Your Future

Early preparation provides the luxury of time to thoroughly evaluate your financial future. This means not just understanding your current financial position but actively planning for life after divorce.

You’ll need to consider questions like: Can you afford to keep the family home? What will your monthly expenses look like as a single person? How will your pension be affected?

Working with financial advisors early in the process allows you to create realistic budgets and financial plans. This might involve exploring different scenarios, such as whether to sell the family home or buy out your spouse’s share, or understanding how your pension might be split.

These decisions shouldn’t be rushed, and early preparation gives you the time to make informed choices rather than emotional ones.

Understanding and Managing Costs

One of the most significant advantages of early preparation is the potential for cost savings. Divorce proceedings can be expensive, but many costs can be minimised through proper preparation.

When you start early, you can:

Take time to gather documents systematically, avoiding rushed searches and duplicate requests that can increase legal costs.

  • Consider mediation or collaborative divorce approaches, which often cost significantly less than contested court proceedings.
  • Make clear-headed decisions about which issues are worth contesting and which might be better resolved through negotiation.

Emotional Wellbeing and Support

Personal Growth and Healing

The emotional impact of divorce shouldn’t be underestimated. Early preparation gives you valuable time to process your emotions and adjust to the idea of significant life changes.

This period can be used constructively to work with counsellors or therapists who can help you navigate the emotional challenges ahead.

Many of our clients find that starting therapy or counselling early in the process helps them maintain better emotional stability throughout the proceedings. This emotional stability often leads to better decision-making and more amicable negotiations with their spouse – which can significantly reduce both the emotional and financial costs of divorce.

Supporting Children Through Transition

When children are involved, early preparation becomes even more crucial.

Parents who take time to plan how they’ll handle the transition often see better outcomes for their children. This means carefully considering how to break the news, planning living arrangements, and maintaining stability in children’s routines.

Early preparation allows you to research and implement effective co-parenting strategies before they become urgent necessities. You can take time to understand how to communicate effectively with your co-parent, establish boundaries, and create parenting plans that truly serve your children’s best interests.

Many parents find that working with family therapists or child psychologists during this preparation period helps them better understand and address their children’s needs.

Professional Development and Career Planning

Divorce often necessitates career changes or returns to work – particularly for parents who have been out of the workforce.

Early preparation gives you time to:

  • Refresh your professional skills through courses or training programs.
  • Network within your industry or explore new career paths.
  • Research the job market and understand current salary expectations.
  • Consider flexible working arrangements that might better suit your new circumstances.

Practical Considerations and Legal Planning

The Value of Early Legal Consultation

Seeking legal advice early doesn’t commit you to divorce; instead, it empowers you with knowledge about your rights and options.

Early consultation with a solicitor allows you to understand the divorce process in detail, including potential timelines, costs, and outcomes. This knowledge can be invaluable in making informed decisions about your future.

During initial consultations, we can help you understand various approaches to divorce, from traditional court proceedings to mediation or collaborative divorce. Each approach has its advantages and disadvantages, and understanding these early allows you to choose the path that best suits your situation.

Building Your Support Team

A successful divorce often requires more than just legal support. Early preparation gives you time to assemble and work with a team of professionals who can support different aspects of your divorce:

  • Financial advisors can help you understand the long-term implications of different settlement options.
  • Accountants might be necessary for complex financial situations or business valuations.
  • Mediators can help facilitate productive discussions with your spouse.
  • Property experts can provide valuations and advice on housing options.

Moving Forward

The path through divorce is rarely straight or simple, but early preparation can make it significantly more manageable. At Fair Result, we’ve seen how clients who take time to prepare often achieve better outcomes and maintain better emotional wellbeing throughout the process.

Next Steps

If you’re considering divorce or separation, we encourage you to reach out for an initial consultation. Our experienced team can help you understand your options and begin planning for whatever path you choose to take.

Remember, seeking information and preparing early doesn’t commit you to any particular course of action – it simply ensures you’re equipped to make informed decisions about your future.

Feel free to reach out to us to schedule a confidential consultation with one of our experts. We’re here to help you navigate this challenging time with confidence and clarity.

Call: 07500933818 or 0333 577 7009

Email: peter@fair-result.co.uk or chris@fair-result.co.uk

Find out more about Fair Result.

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 breakdown.

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

Understanding Grief in Divorce.
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Understanding Grief in Divorce – TDM Expert Interviews

Karen Omand BASoc BAThan CT
Karen Omand BASoc BAThan CT
Co-Founder
Divorceworkshop

Introducing the latest transcript blog featuring an insightful interview with Karen Omand, a grief expert who specialises in helping individuals navigate the emotional complexities of divorce. In this heartfelt conversation, Karen shares her profound understanding of grief and how it can manifest before, during, and after a marriage ends.

Join us as we explore Karen’s expert perspective on the stages of grief, its unique challenges in the context of divorce, and how to move forward with compassion and resilience.

Read on for the full transcript of our interview, “Understanding Grief in Divorce.”

 

[Music]

Hello everybody, thank you so much for joining us once again on The Divorce Magazine which is very much a magazine, an online magazine for people going through divorce. If you haven’t seen us yet try us on YouTube, we’ve got a LinkedIn page as well, we’ve got Pinterest, we’ve got um, Twitter which is well, X which is to be Twitter, so you can find us on there and loads of articles on our website, The Divorce Magazine.co.uk um, so go on there see what you can find. We’ve got everything divorce, whether it’s legal, whether it’s um, psychological, whether you’re looking for counselling, family mediation, we have all of that on the divorcemagazine.co.uk.

One of the things I like to say about the magazine is that um, the articles that you find on there are all written by professionals. So we don’t have bloggers who write for us, it’s all professionals, qualified people who write except for those who write from an angle where there’s their own experience of divorce and how they managed it or um, separation. So do join us and see what you can find then hopefully, not hopefully, I think you will find that it’s quite helpful um, as it is you’ll find something there, if not let us know and then we will add something on there for you.

So my name is Dr Soila Sindiyo, I’m the Founding Editor of The Divorce Magazine and um, today we have Karen Omand who’s um, actually from Canada, so we have people from all over and on The Divorce Magazine, and Karen holds um, degrees in sociology and thanatology, she’ll tell us what that is in a moment, and she has lived experience of living through um, an abusive marriage and uh, subsequently a very high conflict divorce.

Focussing on the often overlooked realm of grief and divorce she co-founded The Divorce Workshop in 2021s with her colleague Kirk Mosna where, where they’re aiming to empower those on the divorce journey. As a certified grief counsellor, and divorce specialist, Karen advocates for greater awareness of grief in divorce, aiding both recovery and pre-decision Detachment. She’s the co-author of The Divorce Workbook which will be coming out this Autumn, so look out for it and um, at the end of the interview, Karen will tell us where, you can find the Divorce Workbook once it’s out. So welcome Karen!

Oh thank you for having me on, it’s a pleasure. Um, thank and thank you so much I have to say that we do have an article by Karen on, on our website so if you want to see and you know there’ll be contact, her contact … although we’ll talk about them at the end also.

What is a Thanatologist?

So one of the first questions I’d like to ask you Karen, is what is a Thanatologist? I hope I’m saying it correctly! You are it’s, it’s I think in every podcast, I get asked that question because it’s such a rare, it’s a rare degree I think, uh, it’s the only one in Canada was at the school I went to. It’s a four-year degree um, it’s the study of grief and loss and bereavement, wow, of all different types like non-death loss, suicide, ethics, like it’s interdisciplinary so um, but my whole focus is, we’re trained to look at the world through grief, and so that’s kind of what led, I’ve worked, I’ve worked for um, a lot of years with death loss, but I noticed there’s not a lot of awareness in the divorce field about grief, and how much grief there actually can be, so that’s than Thanatology. It is a, it’s a specific, niche area but um, well needed and I don’t think it’s very recognised um, in the field of divorce as much, so I’d like to you know, as we open up and talk about that I’ll share some of my insights anyways.

Yeah, and I think you’re right because when you talk about grief, the first thing that most people think of the first thought that crosses your mind is death um, in terms of physical death, losing someone that you love, but when we talk about divorce, I’ve noticed and I realised that people will talk about an ending, but there’s more to divorce than just an ending and I’m sure this is what we’re going to talk about.

The death of a relationship: what are the common factors?

So if we start off by talking about just the death of a relationship, I’m sure every relationship has an ending and it’s different for, not every relationship has an ending, every divorce has an ending. I would imagine that it’s different for different people. But maybe there’s some common factors? Yeah, so in my field of grief when I look through the lenses and I’ve worked with people, there’s about four things that are common. Now granted, all grief is unique, right? How you, you know, how we divorce is unique, how we grieve is unique, but certain things I see that’s pretty common, one is that um, they don’t even know that they’re actually maybe grieving. So, they’ve come to me and they’ll, they’ll talk to me and I’ll be like do you know that I think this is grief?

Another thing I noticed is not many people, for death loss and non-death loss, actually know what the symptoms of grief are. Some of them may have headaches, or digestive problems, or cognitive problems right? Maybe they can’t process, or make decisions, and we know divorce is huge of decisions making at the beginning. So there’s a lot of symptoms of grief that they don’t even know and I have to make awareness of that, like we have a sheet in the in the workbook where I say, take a look at this checklist and that awareness can help them go oh, pardon me, go oh maybe I’m actually grieving as well, right? It’s not just anger, and blaming, maybe there’s some major components of grief in my, in my divorce here.

And the third one I noticed when I’ve done support groups is, I’ve brought up the feelings of failure and they generally in the recovery part uh, a lot of people I’ve worked with feel like they’ve failed. And I think that’s society right? We didn’t do the, we didn’t live up to our vows. Society doesn’t like failure, you know we don’t like any bad grades, and um, so that comes up with a lot of divorce.

The last one I want to mention is the post-divorce grief. So, if you’ve been in a difficult, bully type of marriage, and you get out of that marriage, you’ll have to do some processing, the fact that you have to accept that who you were married to. And that is a component of grief as well, and that is for myself as well.

What you, what do you mean? Just, okay so, after you leave a toxic marriage, like you’ve, you’ve left an abusive marriage, as you go through the years and like for me it’s seven years, I’ve had to process the, the grief I felt. I’ve grieved the fact that I was in that marriage for that amount of time and so I’ve had to accept that reality and accept it that, yes I was with this person for 5, 10, 15, 20 years, and it was not a good marriage. And so I felt and I’ve, and others have said to me that they have felt grief about that. Does that make sense to you?

Is it, is it, when, when, when you say that is it because you made the choice that somebody Grieves about, I put myself in this situation and did I put myself in this situation, but I stayed. Yeah stayed and the reality of what that person was, right? And you know, for people that have gone through high conflict, you know, you get out and you’re thinking that’s one step but, there is a grief process of having to accept that, you know, I was in this marriage and, and um, I felt that myself as well.

And does that mean then you just you question your, your choices you question yourself yeah, yeah, yeah and you, you, you do a lot of reflecting right? And, yeah, um, I felt it myself many times, I was like I think I’m, I’m, I grieved the relationship before I left, but over the last like, the last three four years, I’ve had to grieve the fact that I was in this marriage for, this amount of time so, it’s kind of accepting of who I was married to and the choices that I made, but on that you know, we have to practice a lot of self-compassion.

Yeah, I was just thinking if, if somebody came to me and they said that, you know, thinking of themselves a certain way because they chose to marry this person, and stay with this person for a long time, I would, want to, look after them and say you know but you didn’t know, you know, it’s not like you walked in there thinking to yourself I’m walking into this marriage he or she is going, or they are going to be horrible to me but I’m going to go anyway, and I’m going to stay there you know, it’s, then, the not knowing yeah, yeah.

That’s why, for myself and others I’ve worked with you have to practice like you said there’s a lot of self-compassion right, like you have to say, you didn’t know. You know and you tried your best, like a lot of times is, you know you survived you tried your best, and there is just a bit of a component of grief there right.

Do you think that sometimes you have to be ready to leave that relationship?

Can I just ask, do you, do you think that sometimes that you have to be ready to leave a relationship? That if you leave when you’re not ready, you might leave and you might be thinking maybe I could have tried harder, maybe he wasn’t or she wasn’t or they were not that mean to me, so you live with questions, and so if you stay for two years or 3 years, even after you’ve thought I need to leave this relationship and you stay a little bit longer, it’s because you’re, kind of like preparing yourself to leave and you want to be certain that this is what I want to do. You think part of it that um, asks for somebody to, to almost wait until you’re ready and certain?

Yeah, I think a lot of people that go through divorce especially if, if they’ve been swaying a long time, they have to work themselves up to that decision, yeah, um, especially if you have children. For me, uh, personally I was grieving before I left. Okay. For quite some time, yeah, um, even though it was not a good marriage. And, and they say that about the leaver, the person who leaves their marriage, they grieve before they leave and go through, they’re almost like, two or 10 steps ahead of the person that they’re leaving. Is that your experience? Yeah, yeah, that’s my experience as well, but also I just want to mention that they’re, you know, they detach, I think on average is 5 years, but you can also, you can also grieve post-divorce as well.

Right, like I just don’t well like, once you leave, there’s a lot of relief but there can also be moments of, of grief still so, that’s what we call integration of grief where yeah, you’re integrating it more, but I just want to mention that like, I don’t want people to think oh I’ve left and then it’ll never come up again, because, it can for some. And I’ve had people say that even when you’re relieved to have left, that when, when the, I don’t know what you call it in Canada here we call it the decree absolute, when the final decree, yeah, decree absolute, comes through your door and you open it and you see that the marriage has been dissolved this, sometimes it’s like, oh, it’s almost like a moment where you cut yourself. Yeah, yeah, that’s pretty common, yeah, that it’s so I think it’s quite final. Yeah, yeah like it’s like the, the, the, the death of the relationship is final with that decree. Yeah, yeah, I’ve heard that many times as well.

Are the 5 stages of grief (in death) similar to the grief you experience before, during, or after a divorce?

So when, when you just started speaking you were talking about the different stages or you know, what, how, what how the manifestation of grief can present itself in divorce you know in, in post-divorce or in divorce. And, and we know that there’s uh, five stages of grief but you know, when there’s a, death of a loved one, are they similar to, what you go through with um, divorce or are there other stages of grief, or, how would somebody know that oh, I am grieving?

So, I’m just going to, as a Thanatologist um, Kübler-Ross is the, you know she’s the pioneer, one of our pioneers of, grief and loss and palliative is work as well, but Thanatologists don’t use the Five Stages of Grief. We, we use other models, because we don’t think, and I think most people know grief isn’t linear right, I think the five stages is also good, was used and is still used where it’s the brain likes simple things right, so it’s like I’m at this stage, I’m at this stage, I’m at this stage. We don’t use that, we use more if you want a different model is the, uh, Dual Process Model, which is by Stroebe and Schut? Schut? Strut, I think, and it’s more of um, loss orientation here, restorative orientation here, and you ping pang between the both um, so you have, you have your loss, so you’re, you’re grieving here heavy and then all of a sudden your friend invites you out, to go to the movies, and you’re in a bit of restorative and you, so that’s kind of a different model that we use.

That’s just one, that’s one of my favourites, there’s other models so we don’t use the five stages, as I said again, but this, this process of going back and forth is more what I see with divorce and grievers of death loss than, the, the uh, stages of grief.

What are the signs of grieving in a divorce?

What are the signs that somebody is grieving or, you know, in divorce? Um, well that it goes back to the symptoms right, like you can have anger, which could be fear-based, and crying which is the, you know that would be normal, you can be irritable, I find that, behaviourally could be changing. I don’t know if people really know, as I said before if they actually know that they’re grieving right, so other ways overdoing things, like overachieving, or underachieving, or not interested in doing anything. A lot of time grieving they get isolated and they feel down, and that’s okay you know, for a little bit um, sometimes grievers avoid. Right, uh, they tend to avoid a lot and I’m okay with avoiding for a little bit, but in divorce it’s hard to, you know things start piling on, so um, yeah, there’s, there’s um, eating, some people eat too much, and people don’t eat enough.

It can manifest in many ways, the thing about grief too is if it’s, if they’re feeling it, it’s going to come out, right grief, is grief is sneaky that way right, like um, I had a, I had a client uh, recently who started crying at work at a meeting and, she was shocked and, you know she’s like I can’t have this happening and I, you know I said to her you know if, if you don’t get it out somehow, however that is, it can be walking and physically, thinking your way through it because there’s two different, there’s two different types of grieving style that usually generally people sway in between them, it’s intuitive, and instrumental.

And intuitive is when we emote our emotions, and instrumentals when we think our way through and generally people sway between the two. So, for her, you know I told her to kind of lean into that a little bit when she’s feeling it and work through it through journaling, however certain tools for certain different type of grievers um, other ones just want to, you know they want to think their way through it you know, or, or to do things with their grief, that can be, you know, different for everybody. Yeah, yeah.

Is there a timescale when it comes to grieving a divorce?

And, and this might sound like a silly question but I know, one of the things that I struggle with when I’m working with, with um, families or clients where they have had a loss is the question of, but it’s been 18 months you know why are they still, you know, feeling like this so it’s been six months, so it’s been you know, is there, you know what I’m going to ask, is there a time scale, where you would meet somebody and they’re still grieving their divorce six years later, not wanting, is six years too long? Six months? 18 months? You know, what would you say? As a, yeah, like well you’re the psychologist you, you, you know, you know how to work this I personally I, I don’t, within a year or two I don’t, it’s a huge loss for, for some people right, so, and what I look for is baby steps of movement forward right?

What I look for there’s no closure, right, it’s integration is what we call right, so what I like to see is when I’m working with divorce, as well as death loss, is baby steps. And if I see little baby steps, and they’re slowly trying to, but I can tell you I had um, I was doing a grief presentation for a seniors group, and it was, it was a lot of seniors and some of them were widows and widowers, but there was a lady that came on and she’s like I have been divorced for 20 years and you know how angry I am. And that, you know, that I would intervene and say, for 20 years, she was holding on to that, anger and bitterness and you could see on her face right like, that is when intervention needs right, like she needs someone like you, or some grief counselling or, something to help her uh, start rebuilding her life up again so.

I have seen it a few times, um, but generally, the, generally, for most with the right type of support they recover. Yeah, yeah I don’t have a particular timeline um, I like to see little steps. Yeah, yeah, okay yeah, I think that’s fair enough, because you know if somebody just stays static also sometimes, and it continues in that way, I might be tempted to ask what are they gaining from just staying there, what are they um, getting from that because it’s almost like you don’t really want to stay somewhere that’s uncomfortable unless it’s something else is a secondary gain somewhere. But then that depends on how long, you know also.

Whether you have been left or are the leaver, does the reason matter in terms of grief?

Does the reason for the divorce matter in terms of grieving? So two parts to this question there’s a part, the part where the one who’s been left and is grieving, or the leaver who’s leaving because there has been domestic abuse, or there has been, infidelity, you know um, does the reason matter in terms of grief? Yeah I think so, yeah, yeah, I, I think it to me I’ve had it where someone was married to someone for 30 years, didn’t really know exactly what was like, that they were coming like they were coming, going to get divorced had thought they had a lovely family, and they come home and decides to tell this other person that they’re divorcing her, after 30 years.

Difference compared to a couple who’s been who you’ve probably worked with that have tried for years to make this work, and they’re both just exhausted and, it almost feels like the right choice. And I think for grievers, the one that, the, as we said before, the one that was deciding to leave, like I was, I was grieving before, right, and then the one that was left they don’t have a lot of control. So there’s another element of that right, so um, I do find the ones that were, that were left, to sometimes grieve, have harder time, yeah, depending on why right, so cheating, financial abuse, are big ones, yeah, yeah.

And also sometimes it can come as a shock, trauma, like you’re saying with the, the ones who are married for 30 years and then, yeah, you know, it’s like, it’s all over in, in a matter of moments. Yeah and your whole life, kind of like a sudden death, it’s, it’s gone and everything that you’ve built together and that secure base safe haven thing, that attachment system that you had is just, gone and I don’t think there’s a lot of support for those type of people. That’s true, that’s true um, it’s like starting all over again without somebody but then the person, is still present it’s not like they have died, they are still alive.

Do you think that the grief that comes with divorce affects children differently?

Do you think that the grief that comes from a divorce affects children differently, where they’re children than you know, when they’re parents? I was just thinking about that as you know we’re speaking. Yeah, I think, so yeah, uh, I’m also from a divorced family, as a child and any time I transitioned, from my mom who I was very, very attached to, to my dad and his wife, I would cry myself to sleep right, so, um, another thing is, is what parents have to understand is, you know, when you’re co-parenting, this is personal as well as, I want to just tell you guys this, I’m sure you already know this but, when they’re transitioning, you’re going to miss them 50% of the time, because a lot of people have joined custody now right, 50/50.

The child though can be grieving 100% of the time, because once if they’re with their dad, they could be missing their mom, if they’re with their mom, they can be missing their dad. So it’s just kind of awareness of that, yeah, you’re, you’re really missing them, when they’re not with you, just remember that the kids, and myself when I went through it, they’re missing the parents all the time, right, yeah.

Just an awareness thing for, for co-parenting. Yeah, it’s just something I want to um, let people know that children do grieve and I think it, you know depends on as you said the layers of loss, but like you know, one example is like a younger like, three, two, three year old could start peeing their pant, like peeing their bed again or, actually, you know, and I think if I remember correctly age, you know the tweens years are pretty tough for divorce, you know so, um, we have to be mindful of that and I think, sometimes we’re so overwhelmed as a parent when we’re going through divorce, we kind of forget. Yeah, that our kids are grieving as well, about this as well.

Yeah, I think that’s a really good point in terms of um, the children and grieving 100%, you know the transitioning, you know, sometimes they say oh well you have two homes now, you have two Christmases, two birthdays, it’s not really, probably what they would rather have. And probably with what, what you’re saying, maybe encouraging parents to just, read read, read on, the on Children of Divorce, um, even if it’s paying for one session to just have some psycho education around what my children might be going through like you’re saying, the teens and the tweens and the you know, those ones um, who are like 10 to, you know even babies feel it, even babies feel the vacuum that has been left by the other parent not being there and infants.

I think that’s really um, important um, can I just ask how old, if you don’t mind, how old you were when your parents divorced? So I was six months, oh you were six months so when I say babies do, then you know what I’m talking about, yeah, and I never, knew my parents together. Right, so I never had, a mom and dad together, yeah, and back then, so this was the 70s, um, I saw my dad four days a month, okay. Because, yeah, so every other weekend yeah, so I was very, very attached to my mother, yeah, um, that’s just the way it was back then I think, you know, um, it’s gotten a lot better but, with your past?

Yeah like, like with, with shared custody it’s getting better we’re, you know I think there’s still some struggles with that but, yeah I didn’t, I protested, I didn’t want to go, you know and that’s interesting because by the time you were six, from six months, to the time where you became vocal, where you were more, I mean we’re talking about another maybe 12 months before you can just, you know vocalise let’s say for instance or another 6 months, but it’s almost like you, held the knowledge that this is not what I want, although you were just a baby when it, it didn’t, you know how children say oh you people say oh but children are so resilient and um, I usually, usually ask resilient from what? You know they don’t know anything else, what are they bouncing back from? You know.

I think that’s more of a comfort for them, yeah, yeah, than in reality what it is yeah, yeah. I was, I was always pretty, when I met my new stepmother I made it clear at 5, that you’re not my mother. Wow, yeah, yeah, something that that setup you had grown up with it so they wouldn’t you know, they wouldn’t been, someone can assume that oh no this is how she grew up, she doesn’t know any better, and you know, so, yeah, very interesting.

How do you know when a relationship is over?

Yeah, so how do you know when a relationship is over? Someone might be watching this and listening to this and thinking but I’m not sure whether to go or to stay how, how, how does one know that okay this relationship is over? You know, that was like a question I had to really think about because everybody’s so unique as well you know. For me personally I’ll tell you what happened to me was cracks were starting to show up. I would ask my friends certain questions, I would ask my family that were divorced already, I’m like oh so how did that go? Like things were starting, I was, think I was starting to plan things. I went to the library, I was starting to look up things, and then it kind of dawned on me that I started to talk about it more, and I was building up to leaving now I was in a very difficult marriage.

So that’s how I built the courage to leave mine right, I kind of started planning. Um, I’ve had clients where they said they were, they were getting they were going out they were embarrassed of their ex. I’ve had it where they had felt contempt, um, communication breakdown you know, the Gottman is the famous couple in the states they’ve done a lot of good research there, I’m sure they have great podcasts that you guys can listen to but, uh one of the questions, because everybody asked this right how do I know and I, I, I wish there was some golden, assessment right where we could give them and say okay here take this book, take this little checklist, like the DSM5 and check off this, but you, there, there’s nothing like that right.

So one of the things I, one of the things I, I’ve done to a few clients and said okay so, if you were to go home and all their things were packed up at the door, like all of it was packed up, and they were leaving, I want you to write about that. How would you feel about that? And see what comes up right, so see how you feel if you’re, feeling really terrible about it then maybe you guys can work it out or there’s just something smaller going on um, it’s a unique, it’s unique to everybody I don’t have a, yeah, like a, the right answer for everybody.

I actually think that’s a pretty good assessment, oh, do you? Yeah I actually do because then it makes it very, very personal, and somebody might think oh okay I get home, and his bags are packed or, he’s left how am I going to feel. Um, and they might think oh I’m not sure, so that can kind of say well no you’re not sure so maybe things can work out. If somebody’s like oh my god, please let that happen, let it be so then maybe it’s, it’s time to think, if somebody else thinks no I can’t do that because of the children, yeah, I think it’s a pretty good way of assessing the situation, whether to go, yeah and I would like them to write like, I’d like them to if they you know I’m, I’m, I love narrative therapy so it’s like write it down like maybe write reflect on what you’re thinking. Really reflect on it, really reflect on it, yeah, because it’s not, it’s it shouldn’t be a decision taken lightly, you know.

It is a, it is a huge decision I think that’s why people take so long in leaving because if you, if you have kids but I, I’m working with somebody that doesn’t have kids and it’s still been a really tough decision, you know, yeah, because even when they’re no kids it’s still a family, a couple is still a family. They’re a family, and that’s what, the one, the one I, I’ve been working with she’s like but they’re my family, you know, and that hurts right and, and, and it’s painful. Yeah, yeah.

How do you get to the acceptance stage after a divorce?

A lot of the times you’ll he not just in divorce and um, in grief but a lot of the times people say you just have to accept that it’s over, you just have to accept that it’s over which is nice, and it’s great to say that and it’s true, but how do you get to acceptance? That’s a huge step.

Yeah, acceptance in the grief world there’s a couple of things, acceptance of the reality of the loss, and then on the other end is trying to make meaning out of it all. So, acceptance is, so in my field is if you think about it we talked about this already the layers of loss right, so um, think about it this way, so we have, when we’re divorcing, we have intangible losses. Right such as your identity right, and then you have tangible losses, which is like the house, the chattels right, the stuff in your home, the money that’s going out for legal bills, stuff like that and then, so, acceptance of a loss is great we, we all want them to get there, but there’s a lot of loss to get through, right. And to get through all those layers of losses you have to know that you have all these layers of losses, and then you have to accept those layers of losses.

And then we need to start, rebuilding your life so if you think about it as, if you have a house, and you have a foundational crack, and the crack is the divorce, and the acceptance is kind of you’re slowly trying to heal that crack a bit, but then you’re trying to rebuild it with bricks right, your new life, you’re trying to make meaning out of this painful situation. And, once you start doing that, then slowly the acceptance is starting to happen and then you’re rebuilding your life and, and that’s kind of that making meaning bit again, if that makes sense to you? Yeah, yeah, making meaning of your experience, I’m yeah, and, and integrating that into rediscovering who you are again right, like, I’m sure you’ve talked to many people that it’s, you know, working on rediscovering who you were, and who you are now, is part of part of recovering too, so.

But rebuilding, yeah, rebuilding your life up, because that’s what divorce is too, it’s, it is rebuilding, the life that you want or that you, you’ve been given, right because if you’ve been left, and I, the thing is though it’s funny as a Thanatologist people always say well how do I do this, how do I make meaning um, how do I re, and I’m like I, that’s I can suggest things for you, but ultimately it’s up to you what fills you up right, and that takes time as well. Yeah. That’s more in the recovery like section of a divorce, yeah, the recovery can be a long process, and I think what I have heard is, for those, you know earlier on when you were talking about those who will throw themselves into their jobs and into their work so they will just preoccupy themselves, what I’ve noticed is that sometimes, it can come back later to catch up with them, in one form or the other maybe, they just don’t want to have another relationship, or they jump into another relationship quite quickly and um, without having dealt with, everything else that was, you know, that was coming from there and they walk into this one with everything that’s there.

What advice would you give to someone who is putting up a front but internally, stuck in their past relationship?

Let’s say I’m your client, let’s pretend I’m your client and I’ve come to you, and it’s been, three years since my divorce, and I’m still struggling um, I’m going out, I’m seeing people, I’m putting up a front as in, no I’m good it’s okay I know he’s happy, I’m happy and everything, but inside me I’m, struggling. You’re still stuck and I’m yeah, exactly, I’m still stuck. What, what advice would you give me? The thing that I look for most people that are stuck is I want to know what their solid support systems are like because, what type of friends are they doing, are they, so, if you have in, in my cases that I’ve, that I’ve dealt with as well as in death loss and divorce loss is the ones that have, the best support systems, do better.

Okay, so, I’m not talking about just friends, I’m talking about do you have good peer support. Peer support meaning are you talking to other people that have either gone through divorce, or are in, have been with you kind of at the same time of divorce, but they’re good for you right, they’re not making you angry, they’re not making you uh, more sad, so peer support I look for.

I also look for yourself right, so that’s when um, how are they actually? Are they leaning into their feelings? Are they um, distracting like we talked about before avoiding because avoidance and grief, go hand in hand because who wants to be in that much pain and then the other ones is professionals, like maybe they need to see you, right like maybe they need a counsellor, they need therapists to work on their whole life story right, like um, maybe they’re feeling at the core rejected, right um, and then the fourth one is friends and family.

But, but the thing is with friends and family is, and I actually have an exercise in the book about this, is you need to make sure you’re, you’re being supported by the right type of friends and family, right because sometimes you’re not, sometimes you’re not going to be supported if you’re picking the wrong people to support you right. So, so that’s kind of what I look at, for first thing and that’s just kind of the Thanatologist me because I’ve seen it where even with the loss of a child, when I’ve worked with mothers, which I’ve done quite often is, if they have a, this type of support system, which is very difficult loss they tend to um, they’ll always grieve forever but they tend to do better than ones that are not um, well supported. Yeah, if that answers some of that question?

It does, it does and I think um, that part where you’re talking about choosing who’s going to be your support system, who’s going to be there for you because you can have some really well-meaning friends and family um, who are there on your side but, you know um, and consciously or without you know being aware of it they’ll be uh, fanning the flames of your anger, so you then they’ll be like so what has he done now, what has she done now, I would never, you know what, I’ll email him and you know, and all of that I’m not, you I wouldn’t take that if I were you, so that’s kind of like choosing who you know, who’s actually nurturing you.

Right and is that healthy for you? Yeah, yeah, yeah, right, and I also want to say is with the peers, that’s why I said you got to be mindful of the divorce peers because if you have one that’s like, really angry, well you’re going to feed off that right like we all feed off each other right so if they’re really angry and, you know you’re going to start getting angrier and, and so it’s just to be mindful of who you’re spending time with because you want, you want to be able to get validated, but you also need to start, you know, moving forward so um, those are something that, you know that I would look at closely. Yeah.

Finally, Karen could you tell us a little bit about your, your Divorce Workbook we’ve mentioned it just before um, that’s supposed, it’s coming out this Autumn. So, what is it about? where can we get it? Um, just how would it help somebody?

So this is going to be on Amazon, we’ve actually, we actually included um, some UK bits in it too because um, yeah, because divorce is, divorce, divorce right, wherever you go I mean it’s a different cultures everything but um, this Divorce Workbook we, we worked on it for about two years and about, 49 of, it’s 200 pages about 49 of that is self- test and little workouts, that I’ve designed and Kirks designed and um, they’re all to help you engage in the divorce process so um, example one of them is in the financial information is, are you anxious about money? Right, and it’s just a simple exercise, and it’s a great foundational workbook um, for those that are exploring or going through divorce.

It’s not going to replace the lawyer, the mediator, or the counsellor, or the, you know uh, financial people, but it is going to give you a good foundational start, because I don’t really think many people who haven’t been through divorce know exactly what divorce is like and it, it’s based on six units so the first unit is insights right, so, this is kind of some exercises and some tips on what it’s really like and then there’s legal information like, how to keep your legal bills down, how to pick a good lawyer, uh, what does the divorce process kind of look like, and then there’s emotions, which is, you know my favourite unit, unit.

Um, and then there’s a financial information, and then co-parenting, because that’s a big adjustment no who knows how to do that you know right it’s, it’s tough and then there’s recovery which is uh, probably the best easiest unit right, out of all of divorce right, but so yeah, we’ve been working hard we’re super excited and we wanted to do it because we wanted to make it an affordable option. Yeah, so everybody could get it, not just you know because, there’s a lot of great stuff out there but, we want to make it affordable for everybody.

Yeah, yeah, and I think what you’re talking about the different units that you’re talking about it sounds like they go from, they can help while you’re thinking about it and, and wondering about it to just after you have left but there, there are two units there that I think uh, and you put them just both of them right back to back at the end um, one of the big ones is the co-parenting bit which is um, always such a big deal but I’ve had solicitors saying that a lot of the times the financial bit tends to be the one lingering longest, they can reach the co-parenting bit and then the financial bit is the one that lingers longest and can end up costing a lot of money. And deciding on co-parenting when you’re grieving also and you’re full of anger and you’re full of rage and um, you’re not eating well you’re not sleeping well and, and the kids are not, pretty much doing the same as you it can be quite challenging, quite difficult.

You have to almost be the, the best parent, at the worst time of your like, could be, if you’re, you know like you’re super stressed, you’re not sleeping, you’re not eating, you, you could be crying, you know you having to work, you have to do it all, and you’re doing it all on your own now. Yeah, however percentage of the time, yeah, and what I, you know this better than I do but a lot of times you have to learn to repair, right, so if you over speak with your kids or you’re a little bit irritable, you shout or something, you show up as a human and say you know what mommy’s just having a bad day and I’m very sorry and um.

Exactly. The number of times that I say that to parents, and I’m not just saying the ones who are going through divorce but also just when I’m running parenting groups and I just say, if you make a mistake and you know you’ve made a mistake just say sorry, you know just say sorry, it’s not going to, show you as being weak or, you know, but it’s just saying you know what, no you’re right I shouldn’t have said that, really sorry about that, you know. Yeah, um, and also when parents argue in front of the child which can happen and will happen during divorce, almost certainly I would say, and sometimes I have parents who will be, you know oh no we had this this really huge argument before when he came to drop, you know, drop off the children, and I’ll say so were the children there? Yeah they were there, so what have you said to them, oh no, oh no, no nothing we haven’t talked about it.

And exactly, and I’m like well, um, you might want to talk about it because they have not forgotten, you know, it’s not like they, they forget about it just talk to them about it and say I’m really sorry that, you saw what happened or what, you heard what I said to daddy not right, not good, I’m really sorry that I put you through that.

Another thing I want to mention too as a child of divorce too is um, the tension that is felt with no talking, yeah, so transition days, there’s absolutely silence but the tension a child feels it’s like thick and I, and I would think it would be mindful for everybody that’s going through this is, is you may just want to try to act, civil, for the child’s sake so, you don’t need to talk like no tomorrow you just say hello and try to just make it as, as easy, win the Oscar, whatever, you have to do hello, right, win the, just hello, here yes, you know what I mean and it could just help the kids because I felt a lot of anxiety on transition days and it wasn’t like they were always fighting in front of each other it was just the heaviness of it all.

Should separated parents still get each other Father’s Day / Mother’s Day cards?

Yeah, yeah, yeah, um. I have one last question just because we’re talking about um, I want your view on this, I say this to parents but sometimes they’re like you out of your mind I am not doing that I kind of encourage them to, still give Father’s Day cards and Mother’s Day cards and even though you cannot stand your ex, just not for you, it’s from the children. Let’s go get your mum a card, let’s go get your dad a card, you know you pick it and then they write it and they give it, because otherwise would you think, you think. Yeah I think it’s good. Yeah.

My parents never did that um, but remember the 70s there wasn’t a lot of, I think research was starting back then so, I give my parents, they did the best they could with the, little knowledge they had. But yeah, it’s very hard, um, very hard, to do that but it, it is for the betterment of the children, right because children are pretty you know, if, if co-parenting’s done right, children turn out okay. Yeah. Right. Yeah, yeah they do, they do.

Karen thank you so very much for taking the time to speak with us and you know at The Divorce Magazine and I hope our readers, I know our readers, and our, because it’s going to go on the divorcemagazine.co.uk website as well, oh great, and it’s going to go on um, our YouTube channel and then it’s going to go on The Divorce Magazine LinkedIn, and so forth, um, I can’t wait for people to listen to this because I think the knowledge that it’s okay to grieve for a lost relationship and okay whe, whether you’re aware of grieving for a lost relationship or not, it does, it doesn’t mean that you don’t go through it.

Thank you very, very much for taking the time and thank, thank you for having me on um, it’s really, I have a real passion to try to, yeah, make more people aware of this um, the grief of divorce. So, yeah, yeah. Thank you very much you’re doing a good job doing it now the work was out. I hope so. Thank you very much, thank you.

How can people contact you? Oh yeah, so I’m um, www.divorceworkshop.ca you can email me at karen@divorceworkshop.ca we’re on Instagram, Facebook, and LinkedIn, and YouTube as well so. Do you work with people just from all over the world? Yeah, yeah, because it’s grief, like because it’s, it’s not legal and not financial it’s like I can, I do yeah, I, I, I, do all over the world, yeah, and you’re super qualified as well so yeah, yeah I tried!

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About Karen Omand BASoc BAThan CT

Karen Omand, holding degrees in sociology and thanatology, specialises in guiding individuals through grief, drawing from her own experiences of high-conflict divorce, parental loss, and abusive marriage. Focusing on the often-overlooked realm of grief in divorce, she co-founded the Divorceworkshop in 2021 with Kirk Mosna, aiming to empower those on the divorce journey. As a certified Grief Counsellor and Divorce Specialist, Karen advocates for greater awareness of grief in divorce, aiding both recovery and pre-decision detachment. She is the co-author of The Divorce Workbook, coming out this summer.

Alongside Kirk, she assists individuals in informed decision-making, proactive preparation, and strategic planning for healing and recovery. Her story of resilience and empathy inspires others to navigate divorce with courage. Connect with Karen on  InstagramFacebook, and LinkedIn check her website Divorceworkshop.ca, or sign up for the Divorceworkshop’s newsletter.

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Financial Disclosure: How to Gather Information

Vikkie Chetcuti-Gee
Vikkie Chetcuti-Gee
Associate
Burgess Mee

If you are filing a divorce application, you will also need to think about the financial aspect of your separation and how your assets will be divided between you. Although the two are (legally) separate processes, they go hand in hand and should be considered at the same time.

As part of figuring out how to financially separate from one another, it is likely that you and your spouse will need to exchange financial disclosure. In this jurisdiction (England and Wales), you have a duty to be full and frank with each other, which means you must both disclose all of your assets, liabilities and income wherever they are in the world.

What is financial disclosure?

If you are attending mediation with your spouse the mediator may have their own procedure and bespoke forms for you to complete. However, ordinarily, you will both need to complete a ‘Form E’, a long document which asks you to set out your financial position in detail. The purpose of the form is to allow each of you to have a clear picture of what the other has and says they will need so that you can make informed decisions about how the finances should be divided (or if they should be divided at all).

Once you have exchanged financial disclosure, you will both have the opportunity to ask questions about the information provided if further evidence or clarity is required. For example, if you are aware that your spouse has another bank account that they have not listed in their Form E, you can ask about this in your questionnaire. If, after receiving the answers to your questions, you are still not sure you have a complete picture, you can raise further questions in a document called a ‘schedule of deficiencies’. This is not an opportunity to ask new questions but to focus on the questions you originally asked that have not been answered properly.

If court proceedings have already been issued then you will both be required to complete the Form E as a formal court direction and it will be referred to in the proceedings and seen by the judge(s) who hear your case. If you are exchanging Forms E voluntarily but proceedings are issued later on (which may require you to complete the form again if it is sufficiently out of date or circumstances have changed) it is important to bear in mind that the court can see your original form.

What documents and information do I need to provide?

The Form E is divided into numerous different sections to enable you to provide information on:

  • Any property in which you have an interest.
  • The sums held in your bank accounts and any investments you may have. Also, the value of any life insurance policies.
  • The value of debts that are owed to you (for example, if you have loaned money to a friend that you are expecting to be repaid), any cash held in excess of £500 and any belongings worth more than £500.
  • Any liabilities you have, such as credit cards or bank loans and any CGT you would have to pay if any property or other asset you have is sold.
  • Business assets and directorships.
  • Pensions (excluding the state pension but it will not hurt to obtain a valuation online for this so that you are aware of any potential shortfall that may need to be addressed as part of the settlement), other assets and income (from employment, self-employment, partnership, investments, state benefits and any other income).

The form also asks you to confirm your income and capital needs (i.e. how much you need to meet your outgoings and to house yourself) and any other information you would like the court to take into account. This includes, but is not limited to, any significant changes in assets or income in the last 12 months or that you expect in the next 12 months. Finally, you can confirm what orders you would like the court to make. Even if you are not in court proceedings and are completing the form voluntarily it can be a good idea to complete this section to ensure your spouse has a clear picture of what you would like to happen. If you have a solicitor, they can advise you how to complete these sections.

You are also required to provide documents in support of the information you have provided. There is an extensive list on the final page of the form; depending on your circumstances, these may include:

  1. A recent mortgage statement (if applicable) and any valuations obtained in the last 6 months for any properties or land in which you have an interest.
  2. For each of your bank accounts, statements for the last 12 months (this is usually one of the most cumbersome tasks in preparing your disclosure).
  3. The latest statement for any investments.
  4. The surrender value for any life insurance policies.
  5. The last two years’ accounts and any other documents on which you base your valuation of your interest in any business.
  6. A statement confirming the cash equivalent value (or ‘CEV’) of your pension(s) and confirmation of your state pension entitlement.
  7. Your last three payslips, most recent P60 and P11D if you are employed.
  8. A copy of your last tax assessment (or a letter from your accountant confirming your tax liability) if you are self-employed and management accounts if your net income for the last financial year and estimate income for the next 12 months is significantly different.

You can also provide additional documents where necessary to explain or clarify any of the information you have supplied in the form.

Common mistakes people make when completing their disclosure

Providing your disclosure can be a protracted and cumbersome task so start gathering this information as soon as possible. It’s not unusual for mistakes to be made but these can lead to avoidable questions being asked at the questionnaire stage, which can increase the time spent on exchanging full disclosure and, if you have a solicitor, will increase your costs.

A common mistake is failing to list bank accounts because they are inactive or have a nil/negligible balance. Even if you no longer use the account, it must still be listed and bank statements provided (evidencing the zero balance). Another mistake is not calculating the total figures correctly. The form provides for all of your assets (less any liabilities) and income to be set out so that your spouse has a clear snapshot of your financial situation. Miscalculations can lead to further mistakes down the line if the figures are used in, for example, an asset schedule.

Finally, it is really helpful all round if the documents attached to the form are in a coherent and clearly labelled order. When putting your disclosure together you should aim to provide as much information clearly and as concisely as possible to avoid further questions. Bank statements are often numbered so it can be easy to see where there is a missing page. Likewise, provided there is a clear run of chronologically-dated entries, there is no need to include the superfluous pages often sent by banks.

What happens if you and your spouse agree not to exchange financial information?

It is possible for you and your spouse to agree not to exchange full disclosure via Form E. This might arise where the situation is amicable between you and you have already agreed how to resolve the financial aspect of your separation (which will need to be jointly filed with the court in a consent order). In that case, the court still requires you to provide some disclosure, but in a much shorter form called a ’Form D81’. This is simply a summary of your finances that shows the net effect of your agreement without providing full details or documentary evidence in support.

If you and your spouse have agreed the above, your solicitor (if you have one) is unlikely to be able to advise you properly about whether or not the agreement you have reached is fair and in line within the bracket of outcomes that a court may have ordered. To do this, they will need to see full disclosure by way of the process set out above. It is not uncommon for solicitors to ask clients who wish to proceed this way to sign a waiver confirming that they understand they are entitled to see full and frank financial disclosure from their spouse, that they wish to proceed without it, and that they accept the inherent risk that there may be unknown assets (or liabilities) of which they have no knowledge. It can be extremely difficult to revisit once concluded so advice should always be sought and caution exercised as to any potential unknowns. Your solicitor is not trying to be difficult. Instead, use this point as a moment to pause and reflect as to whether you are entirely content with the agreement you have reached and whether there is anything else you wish to know.

Conclusion

The main thing to remember when preparing your Form E is to start it early (don’t leave it until the week before you are due to exchange) and be as thorough as possible. It is one of the most important documents you will need to prepare during your separation and will be referred to often. Your case could be delayed if it is not completed correctly or insufficient information has been provided. It is also an opportunity for you to take stock of your own financial situation, obtain a much clearer understanding of your family’s overall finances and help you plan for the future.

Read more articles by Burgess Mee.

About Vikkie Chetcuti-Gee

Vikkie Chetcuti-Gee handles a range of family law cases, including complex financial proceedings frequently involving family trusts, significant business structures and forensic disclosure requests. She specialises in pre- and post- nuptial agreements for a range of clients from all walks of life, often for high net worth clients with a focus on sports personalities and their families. She also has a wealth of experience in private children law matters, particularly involving allegations of domestic violence and abuse, and where the other party involved is particularly intransigent. Vikkie is a member of Resolution and is committed to resolving cases in a non-confrontational way where possible.

Grandparents' Rights: How They Can See Their Estranged Grandchildren
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Grandparents’ Rights: How They Can See Their Estranged Grandchildren

Nicki Mitchell
Nicki Mitchell
Partner
Jones Myers

The contribution of grandparents, which is celebrated on Sunday, October 6 this year, is a reminder of the formative role they play in their grandchildren’s upbringing, wellbeing and development.

Sadly, these vital bonds can be severed if the children’s parents’ divorce or separate. Here are some questions we are often asked about grandparents’ rights.

What are grandparents’ rights?

As the law stands, grandparents have no automatic legal right to contact with their grandchildren.

What happens if the parents break up?

Grandparents involvement with their grandchildren takes on an even greater importance during divorce and separation when their homes can become a stable haven away from the stresses and strains of their parents’ break up.

The loss of such intimate connections can impact upon a child’s emotional welfare and be detrimental to their overall wellbeing.

In situations like this it is possible for grandparents to make an agreement with the children’s parents regarding contact with their grandchildren.

Arrangements can be agreed informally, or through a formal agreement drawn up by experienced family lawyers. Agreements often include when grandparents can visit their grandchildren and /or contact them by phone or email, and any other provisions they wish to make.

Is mediation an option in such cases?

Yes, family mediation offers a non-confrontational option where grandparents and parents can commit to reaching a solution in a spirit of communication and cooperation.

How does mediation work?

An experienced and impartial mediator like me would have a confidential Mediation Information Assessment Meeting (MIAM) with the grandparents.

After establishing that this option is the right way forward, the mediator meets separately with the grandchildren’s parents. Both parties then sign an ‘Agreement to Mediate,’ enabling negotiations to continue on a ‘without prejudice’ basis.

Both grandparents and parents can each appoint and retain their own solicitors who can, where appropriate, also attend the mediation discussions and consult with them outside of the meetings.

Agreed arrangements for contact with grandchildren can be compiled in an agreement signed by parents and grandparents. The process can be completed in as many or as few meetings as are required to reach agreed solutions.

What if the children’s parents refuse to mediate?

In situations where an agreement cannot be reached, grandparents can apply for permission from the court to apply for an order, known as a Child Arrangement Order from the Family Court to see their grandchildren. Experienced family lawyers can also assist and guide clients through this process.

The emotional and physical bonds between grandparents and their grandchildren are unique. Ensuring their continuity will go a long way to enhance their grandchildren’s stability and advancement in their formative years ahead.

Read more articles by Nicki Mitchell.

About Nicki Mitchell

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.

A skilled mediator, child inclusive mediator and collaborative family lawyer Nicki champions Alternative Dispute Resolution processes which avoid a lengthy court process and can lead much more quickly and cost effectively to a successful resolution.

Her exceptional track record also includes advising clients on the more traditional methods of resolving issues surrounding family breakdowns. Direct Dial: 01904 202553 or email  Nicki.mitchell@jonesmyers.co.uk  www.jonesmyers.co.uk

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