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How to Prepare for Divorce: Steps to Take Before Filing
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How to Prepare for Divorce: Steps to Take Before Filing

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

Sponsored post by Fair Result.

Divorce is an emotional and life-changing process. If you’re considering ending your marriage, knowing how to prepare before you file can make a significant difference in the outcome. With the right preparation, you can avoid common pitfalls and protect both your emotional wellbeing and financial future. Whether you’re seeking guidance on the divorce process or looking for effective divorce solutions, this guide will walk you through the essential steps to take before filing for divorce.

Step 1: Evaluate Your Reasons for Divorce

Before filing for divorce, it’s important to take the time to reflect on why you want to end the marriage. Divorce is a major decision that affects your life, your children (if you have any), and your finances. Ask yourself the following questions:

  • Have you considered marriage counselling or therapy?
  • Is this a temporary conflict or a long-term issue?
  • Are you financially prepared for the divorce process?

If you’ve weighed the pros and cons and feel that divorce is the right path, then it’s time to start preparing.

Step 2: Prepare Financial Documentation

One of the most important steps before filing for divorce is organising your financial records. Divorce settlements heavily rely on accurate and complete financial information. Collect the following documents:

  • Tax returns (last 3–5 years).
  • Bank statements and financial accounts (savings, checking, retirement).
  • Investment portfolios.
  • Mortgage and property information.
  • Pay slips and employment records.
  • Debts (credit cards, loans, etc.)

These documents will provide a clear picture of your financial standing, making it easier to negotiate a fair divorce settlement. If you’re looking for divorce solutions that can help you manage this process efficiently, consider reaching out to Fair Result.

Step 3: Understand and Prepare for the Divorce Process

Divorce laws and processes vary depending on your location. In the UK, you can file for divorce using one of two methods: a sole application or a joint application. It’s crucial to understand which option is best suited for your situation. Here’s a brief overview:

  • Sole Divorce Application: One spouse files for divorce without the other’s participation. This may occur when the divorce is contested, or the spouses are not on good terms.
  • Joint Divorce Application: Both spouses agree to the divorce and file together. This is often the less contentious route and can lead to a smoother and faster resolution.

Understanding which route to take will help you set realistic expectations about timelines and costs. In 2024, the average time from filing to a final divorce order for sole applications was around 49 weeks, while for joint applications, it was 43 weeks. Keep this in mind as you prepare for the process ahead.

Step 4: Plan for Your Children’s Wellbeing

If you and your spouse have children, their wellbeing must be at the forefront of your divorce preparations. The family court system prioritises the best interests of the children, and so should you. Consider the following:

  • Where will your children live?
  • How will custody and visitation be divided?
  • What financial support arrangements need to be made?

Make sure you understand the legal aspects of child custody, support, and visitation agreements in your area. It’s also important to keep the lines of communication open with your spouse when it comes to parenting decisions. If you’re unsure about any of these aspects, seeking advice from an experienced family law professional can help you find the right divorce solutions.

Step 5: Consider Your Living Situation

Divorce often means a significant change in living arrangements. If you’re living with your spouse, you should plan whether one of you will move out or if you will continue living together during the divorce proceedings. The decision may depend on:

  • Ownership or rental agreements.
  • Financial stability and ability to afford separate housing.
  • Custody arrangements for children.

In some cases, staying in the marital home during the divorce process might be necessary to ensure stability for the children or for financial reasons. However, if the environment becomes too toxic or stressful, moving out might be a better option for your mental health.

Step 6: Seek Legal Advice and Support

No matter how amicable your relationship with your spouse may seem, it is always in your best interest to prepare and consult with a family law expert before filing for divorce. Legal advice can help you avoid common pitfalls, such as agreeing to an unfair financial settlement or signing documents you don’t fully understand.

At Fair Result, we offer unique divorce solutions with fixed fees, ensuring that you won’t have to worry about escalating legal costs. Our team of divorce specialists is here to guide you through the entire process, sharing the financial risks with you. You pay nothing until your divorce is finalised, allowing you to focus on moving forward with confidence.

Step 7: Protect Your Emotional Wellbeing

Divorce is an emotional journey, and it’s easy to become overwhelmed by stress, anger, or sadness. Taking care of your mental health is just as important as the legal and financial aspects of divorce. Consider seeking emotional support from:

  • Therapists or counsellors
  • Divorce support groups
  • Trusted friends or family members

Maintaining a strong emotional foundation will help you stay focussed and make better decisions during the divorce process. Divorce solutions that address both the emotional and financial aspects are essential for a smoother transition.

Step 8: Budget for the Divorce Process

The financial impact of divorce can be significant, and it’s important to create a realistic budget for the process. Divorce costs can vary depending on the complexity of your case and the law firm you choose. The cost of living crisis has made many couples hesitant to move forward with divorce, but with the right legal team, you can minimise financial stress.

Fair Result offers a fixed-fee structure, meaning you won’t pay anything until your divorce settlement is finalised. This innovative approach allows you to avoid unexpected fees and prepare your finances with confidence.

Why Early Divorce Preparation Matters

Preparing for divorce before filing can save you time, money, and emotional stress. By following these steps and seeking professional guidance, you can ensure that you are prepared for the challenges ahead. Divorce solutions from trusted firms like Fair Result are designed to help you through the process with minimal disruption to your life.

Are you considering divorce?

Contact Fair Result today to learn how our expert team can assist you in navigating this difficult time. With our fixed-fee divorce solutions, you can rest assured that your financial and emotional wellbeing will be protected every step of the way.

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.

Top Tips To Consider When Preparing For Divorce
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Top Tips To Consider When Preparing For Divorce

Emma Davies
Emma Davies
Partner
Nelsons Law

Going through a divorce is a stressful time that can cause conflict between both parties. Specialist family lawyer and qualified collaborative practitioner Emma Davies shares her top tips with us to ensure as smooth a transition as possible into the next chapter of your life.

Understand your financial situation

One of the important things you will need to consider is the distribution of financial assets. Estimating the value of the marital pot will help give you an idea of what you may be entitled to as the Court’s starting point is equal sharing of matrimonial assets.  Giving consideration to your housing needs and what you would need to purchase your own property taking account of your mortgage capacity is a helpful starting point as the Court has the discretion to depart from equality depending on the needs of the parties and their dependent children.  We’d always recommend keeping a budget of your income and expenses as this will help in determining whether you would be entitled to spousal maintenance and, if so, the appropriate amount.

Collate the paperwork

Gathering together all of the relevant financial documentation is at an early date will save a lot of time moving forward and vastly aid in your preparation. Some of the documents you need to ensure you have are:

  • All bank and building society account statements for the last 12 months;
  • Up to date credit card statements;
  • Redemption statements for loans;
  • Details and documentary evidence of investments;
  • Cash Equivalent Transfer Values for pensions
  • Mortgage redemption statements; and,
  • Property Title information.

You will also need your most recent P60 and payslips if you’re employed, or two years of accounts if you’re self-employed.

Look to the future

It can be very easy to get bogged down in the present and focus only on the current proceedings. However, it’s important to consider if it is possible to become financially independent from your spouse after your divorce and whether it is possible to undertake further training or a change of job to improve your position. While the Court can make an order providing you with spousal maintenance if you cannot meet your income needs,  it will work towards the financial independence of both parties and achieving a clean break focussing on what both parties earning capacity is.

Entitlement to child maintenance is,  in most cases, determined by the Child Maintenance Service.  The online child maintenance calculator on the gov.uk website serves as a useful starting point to ascertain the appropriate amount that should be paid by the non-resident parent.

Document your valuables

Keep a full record of possessions with photographs if possible – this includes the contents of your house, vehicles, jewellery etc.–  if anything goes missing, this provides proof of its existence. Try and agree an amicable division of these chattels as often, the legal cost in doing so are disproportionate to the value of those items.

Don’t act in haste

It can be tempting to make quick decisions such as moving out of the marital home., Take legal advice before making any decisions of this magnitude. Once such decisions are made, going back on that choice can often be far more difficult and could also have an adverse effect on your case.

Seek expert advice

The most important thing to do before starting a divorce is to seek legal advice. Having a solicitor put a strategy in place to help you navigate your way through proceedings will drastically ease stress during what we know can be an overwhelming and emotive time. Solicitors can give you a good indication of where you stand and how divorce will affect you financially. Every case is different, and it’s important you seek advice tailored to your specific circumstances.

About Emma Davies

Emma is a partner and head the family law team at Nelsons. She qualified as a Solicitor in 2008 and has been at Nelsons since 2009.
Emma advises on divorce and financial settlements which involve complex issues and substantial assets. She also advises on pre and post nuptial agreements and separation agreements along with private law Children Act disputes. Emma is a qualified collaborative practitioner.
Emma’s areas of expertise include divorce, civil partnership dissolution, financial provision, collaborative law, pre-nuptial agreements, post-nuptial agreements, separation agreements, parental responsibility, child arrangements, and prohibited steps orders and specific issue orders.
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Navigating the Division of Your Property During a Divorce

Tom Floyd
Tom Floyd
Marketing Director
Webuyanyhouse.co.uk

Divorce is a challenging experience filled with complex emotions and big decisions. Among the many issues to address, you will need to decide the fate of the family home. The family home often holds substantial emotional value, making decisions about its future particularly difficult. By understanding your options and approaching the process with open communication, you can work towards a resolution that best suits both yourself and your ex’s needs. Our guide aims to offer an insight into what to expect from the process, helping you along this challenging journey.

Understanding Your Legal Position

One of the first steps to understand is the legal side of property ownership during a divorce. If you jointly own the property, you will share rights and responsibilities. This includes financial obligations such as mortgage payments and property taxes. However, it also grants you rights to potential profits if the property is sold.

To fully gauge your legal standing and the implications for the property, consulting with a divorce lawyer is strongly recommended. They can provide expert guidance on

  • How will your financial contributions to the property impact its division?
  • How do pre-nuptial agreements influence property ownership? (If relevant)
  • The potential legal consequences of the options available to you.

Understanding your legal rights and entitlements can help you make informed decisions about the future of your family home.

At this point, it’s a good idea to consider other joint financial commitments you may have:

Joint Financial Commitments

Dividing shared finances extends beyond the property. Joint bank accounts require immediate attention. Contact your bank to inform them of the separation and consider setting spending limits to prevent unauthorised withdrawals.

Mortgage and Loan Solutions

Handling a joint mortgage during a divorce requires careful consideration. Several options exist:

  • Refinancing: Both parties can apply for separate mortgages on their new residences.
  • Transferring ownership: One partner can assume sole ownership of the property and refinance the mortgage.
  • Selling the property: If neither partner wishes to retain ownership, selling the property and dividing the proceeds is an option.

We recommend consulting a financial or mortgage advisor to help you find the best option based on your financial circumstances.

Exploring Your Options

Once you’ve clarified your legal position and financial situation, it’s time to consider your options for the family home. The primary choices are to sell or retain the property.

Selling the Family Home

If both of you agree that selling the home is the best course of action, here are some things to consider:

  • Valuation: Accurately assessing the property’s market value will allow you to determine an accurate sale price.
  • Mortgage balance: Comparing the property’s value to the outstanding mortgage will help you understand if you can cover the payments after a sale.
  • Living arrangements: Consider the financial implications of finding new accommodation.
  • Market conditions: Understanding the current housing market can influence the timing of the sale and potential sale price.

Retaining the Property

If one of you wishes to remain in the family home, buying out the other’s share is an option. This involves:

  • Property valuation: Determining the property’s fair market value.
  • Financial arrangements: Agreeing on the purchase price and payment terms.
  • Mortgage refinancing: The remaining partner may need to refinance the mortgage.

It’s important to weigh the pros and cons of each option carefully. Factors such as emotional attachment, financial implications, and long-term plans should be considered. 

Navigating the Property Division Process

Going through a divorce is typically an extremely emotional time, which can be aggravated further if you decide to sell your home. To manage this process more effectively and reduce the emotional impact on yourself, it’s vital that you try to visualise the property as a financial asset rather than an emotional bond.

Here are some strategies to help you handle the situation:

  • Prioritise Practical Considerations: Before starting the process, establish clear agreements on details like the home’s market value and the acceptable sale price. By understanding this from the start, you will reduce running the risk of misunderstandings later on in the process.
  • View the sale as a Step Forward: Selling the property is an opportunity to move on to a new chapter in your life. Allowing the sale to flow can ensure a smoother and quicker transition.
  • Consider Mediation if Needed: Disagreements are common when dealing with a property during a divorce. If they do arise, mediation can be an effective way to resolve any conflict and reach a fair agreement.

 Pricing Strategy

Determining a sale price for your property is critical in ensuring a smooth transaction. To speed up the sale, consider pricing your home slightly below market value to create more interest and attract more buyers. If this approach isn’t yet achieving the desired results and you’re eager to get the property off your hands, reach out to a property professional. They specialise in fast property sales, helping you move forward with your life without the hassle of the open market.

It’s also essential to communicate openly with your ex-partner about your expectations for the sale price. If direct negotiations prove difficult, involving an estate agent can be beneficial. Estate agents can mediate discussions, facilitate negotiations, and help both parties reach a fair agreement, aiming to keep the process as seamless and amicable as possible. 

To Conclude

By adhering to the steps outlined in our guide and maintaining open communication with your ex-partner, you can navigate the process with confidence. Remember, you don’t have to go through this alone. Estate agents and legal representatives are available to support you throughout the entire process, helping to reduce any stress or tension that may come up.

Approaching the situation with respect and care can help you reach a decision that benefits everyone involved.

About Tom Floyd

We Buy Any House have over 16 years of experience in delivering a quick and hassle-free house sale for thousands of customers. They specialise in supporting customers going through difficult life events, such as divorce, by offering a quick and stress-free property sale. Their team of specialised experts will guide you through the process, taking care of all legal aspects so you don’t have to.

Preparing for Divorce – A Guide to Gathering the Right Paperwork
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Preparing for Divorce – A Guide to Gathering the Right Paperwork

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

Preparing for a divorce can be an overwhelming process – especially when it comes to gathering the necessary paperwork. This guide will help you understand what documents you need and how to organise them effectively.

By being well-prepared, you can streamline the divorce process and potentially save time and money.

Having all your documents in order also gives you a clearer picture of your situation, which can be invaluable when making important decisions.

Financial Documents

Start by collecting all relevant financial documents. Having a clear picture of your financial situation is crucial for fair asset division and potential spousal maintenance calculations. Also, it’s important to be mindful of hidden assets. These typically include:

  • Bank statements for the past 12 months
  • Credit card statements
  • Mortgage documents or rental agreements
  • Payslips and P60 forms
  • Tax returns for the past three years
  • Pension statements
  • Investment account statements
  • Documentation of any debts or loans

Property and Asset Information

Gather documents related to your property and assets. These documents will help determine the total value of your marital assets for equitable distribution.

  • House deeds or lease agreements
  • Vehicle registration documents
  • Valuations of high-value items (e.g., jewellery, art, antiques)
  • Business ownership documents, if applicable

Personal Identification Documents

Ensure you have copies of essential personal documents. These documents may be required for various legal procedures during the divorce process.

  • Birth certificates for you and any children
  • Marriage certificate
  • Passport
  • Driving licence

Child-Related Documents

If you have children, collect the relevant paperwork. This information will be vital if child arrangements need to be determined as part of the divorce proceedings.

  • School records
  • Medical records
  • Child benefit information
  • Any existing custody or visitation agreements

Other Legal Documents

Gather any existing legal documents that may be relevant. These documents can significantly impact the divorce proceedings and outcomes.

  • Prenuptial or postnuptial agreements
  • Previous court orders or judgments
  • Separation agreements
  • Wills or trusts

Organising Your Paperwork

Once you’ve gathered all the necessary documents, it’s time to organise them effectively. Create a filing system, either physical or digital, that works for you. This might involve using folders, binders, or cloud storage solutions.

Make copies of all important papers. Keep one set for yourself and prepare another for your solicitor.

Store the originals in a secure location, such as a safe deposit box or a locked filing cabinet at home.

Consider using a spreadsheet to track and summarise financial information. This can be particularly helpful for complex financial situations.

Being organised will help you and your solicitor navigate the divorce process more efficiently. It can also reduce stress by giving you a sense of control over the situation.

Final Thoughts

Gathering the right paperwork for your divorce may seem daunting, but it’s a crucial step in ensuring a fair and smooth process. Following this guide and consulting with your solicitor will prepare you to move forward with your divorce proceedings.

Remember, thorough preparation can lead to better outcomes and potentially reduce the stress and duration of the divorce process.

While collecting and organising all these documents may take time and effort – doing so will ultimately serve you well as you navigate this challenging life transition.

If you’re unsure about any aspect of document gathering, don’t hesitate to seek advice from your solicitor. They can provide guidance specific to your situation and ensure you haven’t overlooked any crucial paperwork.

Read more articles by 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.

Navigating Infidelity During Divorce
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Navigating Infidelity During Divorce

Zoe Rose
Zoe Rose
Family Team Leader & Senior Associate
Hedges Law

Divorce is a complex process that involves legal, emotional, and social challenges. When infidelity enters the equation, it adds another layer to an already difficult situation. Infidelity fundamentally breaches the trust foundation of marital relationships. The discovery of infidelity often leads to a breakdown in communication and emotional connection between spouses. This can result in increased conflict during a separation and divorce.

The Emotional Impact

For the person who has discovered the infidelity, this revelation can cause feelings of betrayal and disillusionment. They may experience a loss of confidence in themselves and their ability to judge the character and motives of their partner. This can lead to a reassessment of their own needs and priorities, potentially shaping their approach to post-divorce life.

Children caught in the midst of infidelity during divorce may experience disruptions to their sense of stability and security. Witnessing parental conflict and emotional distress can impact their emotional well-being and may influence their attitudes towards relationships in the future. However, the extent of these effects can vary greatly from child to child depending on their age, temperament, and the level of conflict between parents.

Outside of the immediate family unit, infidelity can strain relationships with extended family members and mutual friends. Dividing loyalties and navigating interpersonal dynamics can create further tension and may lead to estrangements or fractures within social circles.

Despite the challenges posed by infidelity during divorce, there is room for resolution and growth. Couples who are willing to engage in open communication and seek support can find avenues for reconciliation or an amicable separation. Alternatively, individuals may use the experience of infidelity as an opportunity for self-reflection and personal development, leading to a more empowered approach to post-divorce life.

The Legal Impact

Whilst there is a clear emotional impact on divorce, there is no automatic impact to the legal processes or associated financial matters/arrangements for children.

Since the introduction of “no fault” divorce in April 2022, spouses can apply for a divorce on the ground that the marriage has broken down irretrievably without setting out any explanation. Whilst this means that either spouse could start divorce proceedings, to assist with the emotions that flow following the discovery of infidelity it is often helpful for the couple to agree that the spouse who has been cheated should start the divorce process. This can often help to provide closure.

In a similar way, whilst the infidelity in and of itself will not result in there being a different outcome when it comes to the appropriate division of the financial resources or the arrangements for the children, allowing time for the individuals involved to come to terms with what has happened can have a huge impact. The process of discussing and agreeing the practical implications following a separation are challenging enough, if people have not allowed themselves space to process the ending of their relationship this can lead to more acrimony.

If a decision is made to progress a relationship with the person that a spouse had an affair with, this can have wider implications, particularly in relation to financial matters. If they choose to live together then their ability to share outgoings will be taken into consideration, as will any potential of pooling assets (or mortgage capacities) to house themselves moving forward.

Similarly, their suitability to be around children will also be considered and could result in different arrangements if they are deemed to pose any risk to the children.

If this is something that you are concerned about it is important that you take early legal advice so that you can ensure that your separation does not become unnecessarily acrimonious.

About Zoe Rose

Zoe Rose is a Family Team Leader & Senior Associate at Hedges Law. She has specialised in family law supporting individuals and their families through periods of significant change for over 10 years. Zoe is committed to providing honest and concise advice so that her clients are clear on their position and all possible options from the outset.

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

Hannah Coupe
Solicitor
Burgess Mee Family Law

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

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

What you will discuss

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

Things to have prepared

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

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

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

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

More articles by Hannah Coupe

Hannah Coupe

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

Divorce Month 2024: Trends, Statistics, and Financial Realities.
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Divorce Month 2024: Trends, Statistics, and Financial Realities

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

As the clock struck midnight on the 1st of January 2024, not only did it mark the beginning of a new year but also the renowned “Divorce Month.” This annual phenomenon sees a surge in enquiries to family lawyers from couples seeking to untangle the threads of their marriages. However, this year’s Divorce Month may differ, according to recent research that unveiled the profound impact the cost of living crisis had on divorce proceedings.

In this blog post, we will delve into the key divorce statistics and trends, shedding light on the financial pressures causing delays and explore why many individuals choose Divorce Month to initiate this stressful process.

The Cost of Living Crisis and Its Ripple Effect on Divorce Proceedings

Legal & General’s research reveals a staggering statistic – the cost of living crisis has led to the postponement of 19% of divorces, involving a staggering 270,000 couples. Fair Result emphasises that financial pressures, including income concerns, cost of living pressures, and the expenses associated with divorce, have become significant deterrents to separation.

The Economic Strain and its Role in Delaying Divorces

Peter Marples, Director at Fair Result said, “While financial pressures can be a breaking point for some couples, they also serve as a glue, keeping others together. The challenging economic landscape, characterised by inflation and interest rate rises since 2020, has made it difficult for families to navigate the complexities of divorce. Selling and buying homes, new mortgage rates, and maintaining two households have become unattainable for many.”

Divorce Month: A Consequence of Economic Challenges

The timing of divorce enquiries, particularly on the first working day after the new year, has earned the title “Divorce Month.” However, the research suggests a shift in this trend, with 272,000 divorces reportedly postponed due to financial concerns. The economic strain is evident, as 48% of divorcees experienced a 31% reduction in their incomes, leaving them with an average of £9,700 less each year.

The Overlooked Role of Pensions in Divorce

Surprisingly, despite the financial implications of divorce, only one in five couples discussed their pensions when dividing assets. The Pensions and Lifetime Savings Association (PLSA) released guidance on how private workplace pension schemes could aid spouses during divorce, highlighting the importance of considering long-term financial implications.

The Fallout on Retirement Funds

The impact of divorce on retirement funds is significant, with an average monthly reduction of £63 contributed to pension pots. Joe Dabrowski, Deputy Director of Policy at the PLSA, emphasises the importance of ensuring both parties are provided for in retirement, especially when one party has been the primary earner.

Divorce Statistics and Trends in 2023

A comprehensive look at divorce statistics from 2023 reveals a changing landscape. The introduction of no-fault divorce laws in April 2022 aimed to reduce conflict among divorcing couples. Between April and June 2023, there were 24,624 divorce applications under the new law, marking a 30% decrease from the previous year when the law was first introduced.

Reasons Behind January Divorce Enquiries

The tradition of Divorce Month, often fuelled by media reports, is questioned by family lawyers who note similar peaks in divorce enquiries in other months, such as September. The post-holiday period brings a culmination of pressures, from the demands of the festive season to the desire to create a perfect Christmas. Couples may also postpone divorce until after Christmas, attempting to save their marriage or provide one last united holiday for their children.

When is the Right Time to Start a Divorce?

Divorce Month does not impose a mandatory starting point for divorce proceedings. Understanding the readiness to divorce involves considering various factors. The decision may stem from the pressures of the festive season, the desire to save the marriage for one final Christmas, or the reflection and resolutions that come with the new year.

A New Chapter and Positive Resolutions

Amidst the challenges, divorce also signifies a new beginning. Individuals contemplating divorce are encouraged to communicate and resolve disputes amicably, focussing on co-parenting for the wellbeing of their children. The end of a marriage can be an opportunity for personal growth and positive change.

Final Thoughts

As we navigate Divorce Month 2024 against the backdrop of a cost of living crisis, it is crucial to acknowledge the challenges and opportunities presented by divorce. If you are considering divorce, seek the guidance of divorce professionals to ensure a fair and equitable process. Whether it’s financial advice or legal support, taking proactive steps can pave the way for a smoother transition. Embrace the new chapter that awaits and ensure that the decisions made during this challenging time lay the foundation for a brighter future.

Do you have any questions or need support with initiating divorce proceedings? Contact our team of experts today.

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:

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How To Tell Your Spouse you Want to Divorce?
Image by Freepik

How to Tell Your Spouse You Want to Divorce?

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

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

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

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

G stands for “Get yourself organised”

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

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

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

P stands for “Prepare for the conversation”

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

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

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

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

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

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

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

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

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

Click here to read more by Chloe O.

About Chloe O.

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

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

What is Parental Alienation? – A Deep Dive into Complex Family Relationships
Thumbnail for the YouTube video "What is Parental Alienation? - TDM Expert Interviews (EP. 4) - Dr Amy Baker"
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What is Parental Alienation? – A Deep Dive into Complex Family Relationships

Dr Amy J.L. Baker
Dr Amy J.L. Baker
Parental Alienation Researcher, Expert, Author, Coach

Join us as we speak to Dr Amy J.L. Baker, international expert in parental alienation and parent-child relationships, as we delve into the world of parental alienation. In this insightful interview, Amy uncovers everything you need to know about parental alienation and the importance of maintaining a loving relationship, despite the hatred from the alienated child.

Discover what parental alienation really means, how it is manifested, why it occurs and practical advice to help you cope if you find yourself victim of parental alienation.

Read on for the full transcript of our video, “What is Parental Alienation?”

[Music]

Hi Dr Amy um, Dr Amy J.L. Baker that’s your website so if anybody wants to try and find you they will, they will be able to get you on that website but I’ll repeat it again at some point so that those who might have missed it will get it. So thank you so much for agreeing to, uh interview request for The Divorce Magazine which is if anybody doesn’t know who’s listening The Divorce Magazine is an online magazine in the UK, that covers all matters divorce, um from children, families, parents, finances, mortgages, pensions, all kinds of issues that um, that come with divorce and we only ever have experts and professionals in divorce, who we feature their content in terms of articles, interviews like in this, this um instance where we have Amy.

So Amy I’ll, I’ll introduce you if I miss anything just let me know okay? All right, so I went on your website although I mean I knew about you way before but today I went on your website, and it started off by saying that you’re are “nationally recognised” and I thought nationally? I think internationally because I’m in London and I can’t be the only one in London who knows about you, so I will introduce you by saying you’re an internationally recognised expert in parental alienation, um in parent-child relationships, and in children of divorce and those who have experienced emotional abuse as children, uh or in childhood.

And Amy is also the author of 10 books, um and also you have 120 academic papers published which is quite impressive. I’m yet to do my first one so you know that’s, that’s quite impressive and all this is to do with um the wellbeing of children, um so yeah so that’s, that’s really quite an extensive work piece of not piece, pieces of work that you have done over the years um. I also saw on your website that you do offer coaching and your coaching is very solution based / focused and goal-oriented um, to parents assuming parents who are experiencing or who have experienced parental alienation.

Have I missed out anything Amy? That’s all the good stuff. Okay, alright and just again Amy’s website is amyjlbaker.com.

How did you get into the world of parental alienation?

So before we get into the whole world of Parental Alienation, what brought you to the world of parental alienation? How did you get there?

It’s really just another facet of what I’m interested in which is distorted parent child relationships and I’ve looked at that from many different perspectives. And, I didn’t really anticipate when I did my first book, so I started that research in 2005 for the first book which came out in 2007, I didn’t really realise how it was going to take over my life, it was just another piece of work that I did but I went to I, it, you know the work was sort of big enough that it turned into a book and then I went to my first book talk, and, people were like clutching my book. And one woman came up to me and said something like you know, “page 153 saved my life”. It was so touching and you know as a researcher most of the time you do a study, you write it up, it ends up in a journal other researchers if you’re lucky are reading it and building on it but this, work that I’ve done has a, consumer based sort of people hungry to learn more targeted parents are so, um, dedicated to educating themselves and understanding what’s happening. And so, they sort of in a way demanded it but in a good sense that I continue to do this work.

So I felt like I’m, you know every time I give a talk, a book talk or a workshop or whatever people come up to me “well have you looked at this”, “have you looked at that” and so it’s sort of one thing just kind of builds on another so, I didn’t have a particular reason why I got into it, but then once I did I just sort of stayed in this world and spend about half my time every week, thinking about and working on parental alienation in one way or another. Yeah, yeah, and you’re right actually from my experience of working with parents who are experiencing parental alienation, the need to know more and the need to educate themselves is actually quite strong I had not put that link together but yeah.

What is parental alienation?

So what is parental alienation? Well, the sort of a working definition is that it’s a family dynamic in which one parent fosters in the child an unjustified rejection of, of the other parent so the premise, built into that definition is that, some kids reject a parent, and when they do, it could be alienation that they’ve been kind of put up to it by the other parent but it doesn’t have to be.

It could be that the parent they’re rejecting, is so suboptimal or outright abusive, or neglectful that the child has a legitimate reason to reject that parent and that’s what we call ‘estrangement’. So we reserve the term ‘alienation’ for when the child’s been manipulated and to be clear, the parent engaging in the manipulation doesn’t have to be doing it consciously. Right, they so it doesn’t have to be “I’m going to turn the children against you” it just could be they’re engaging in these behaviours that, foster and the child the false belief, that the other parent is unsafe, unloving, and unavailable.

How can you tell when it’s parental alienation? How does it manifest itself?

Right, okay and so you’ve talked about estrangement, you’ve talked about parental alienation, and I don’t want to go into what the big main difference is um, but I’m just thinking how can you tell when it’s parental alienation? How does it manifest itself? So that’s a great question because, um, it is really important to get that right because the, the interventions, the court interventions, the mental health interventions would be very different.

If the child’s rejecting a parent who beat them, or abandoned them, or molested them, we would hold the rejected parent to a very high standard before they could have access to their child again and the treatment would involve that parent sort of atoning for their bad behaviour and helping the child know that it’s not their fault Etc. But when it’s alienation, the treatment is very different it’s really about correcting the child’s distortions. Like you would perceive that parent as unsafe, unloving, and unavailable when they’re actually not. So it is very, very important to get it right, is it alienation or is it estrangement.

And because that’s so important we put a lot of thought into this in the field and we’ve created, what used to be called the Five Factor Model but for a couple of reasons we’re now calling it “The Baker Model” and according, for me, uh, The Baker Model um, specifies that five things need to be present in order to say that a child who’s rejecting a parent is alienated, as opposed to estranged. Right. So the five things are:

The first factor and the, The Baker Model which used to be called Five Factor Model I’m going to call them factors, the first factor is that there is actually a breach in the relationship. So you’re not even going to wonder is it alienation or estrangement unless there’s a breach in the relationship and the child is very disaffected from a parent. That’s, pretty much the one factor that everybody agrees on. The favoured parent and the rejected parent both agree yep there’s a problem here this kid is very hurt, angry, rejecting, and distant from one parent.

The second factor, is that there was a prior positive relationship between the child and the parent whom the child is now rejecting. That means that their normative parenting flaws, you know, are not so well, the parenting flaws are not so egregious that they would cause a child to reject them. they’re just a regular parent who’s put in their time, and love, and affection into the relationship, there was a solid foundation at some point. And this prevents people, I’ve had actually cases where somebody was gone for like 10 years and then they come back and the child rejects them, and it’s like, no that’s not necessarily alienation like you abandon your child, you haven’t been there you haven’t, you didn’t have a relationship, so you can’t claim it’s alienation there has to have been a relationship that was disrupted to say that it’s alienation.

Factor three is that the rejected parent has not abused or neglected the child, so absence of abuse or neglect. It’s possible you could have been a pretty good parent and then you engaged in some kind of abuse and now your child’s rejecting you, that would rule out alienation. So to be clear, if there’s evidence of abuse, it cannot be alienation. Just we never want to say that an abused child is an alienated child.

Factor four, is evidence not supposition, not guessing, not inference, evidence that the favoured parent has engaged in multiple, no specific number, multiple, of the 17 Primary Parental Alienation Strategies. These are the behaviours that research shows can induce in a child the false belief, that, a parent is unsafe, unloving, and unavailable when that is not the case.

And then the final factor is that the child is exhibiting the “8 Behavioural Manifestations of Alienation” and these, I’m, I could go into them if you want but they’re also readily available in line for anybody who just Googles “The 8 Behavioural Manifestations of Alienation”. And it’s not, rejecting the parent because that’s already embedded in the model, eight other behaviours, and the interesting thing about those behaviours is, we now have research that demonstrates that even kids who have been abused, severely, physically, abused by a parent do not exhibit these eight behaviours towards that abusive parent. These behaviours are really unique and specific to alienated kids.

Can you give us just, if not eight of them just, which ones you would um, just any of them the a, um, well the campaign of denigration that’s the first one, and I have to say the names are somewhat confusing, or not necessarily as clear like ‘what’s the campaign of denigration?’ but what it basically means is that the child is over the top negative, towards the rejected parent. Gleefully telling everybody that’s the campaign part, “my mother’s a whore”, “my father’s a monster”, just like, absolutely willing to announce to the world, um, how horrible and disgusting. And this is very different than abuse kids, who it really takes them a long time to even admit that a parent’s abusive and they’re still protective of that parent and they, generally feel like it’s their fault that the parent abused them so they’re not so happy to let other people know that they’ve been abused.

But also within the campaign of denigration, involves, denying any past positive relationship. So if you take a kid who’s actually been abused and you say “tell me something fun you did with mom, when you were younger” the kid can readily, think of fun things but alienated kids, whose parent didn’t actually even abuse them, will say “I can’t think of anything good that parent did, nothing comes to mind” and even if you, this is true if you show them a picture, of themselves looking like they’re having a good time they will say either “that’s not me”, or “well I was only smiling because my father said he would beat me up if I, you know if I didn’t smile for the camera” so it’s like again abused kids can say “yeah, you know before Mom you know, went on crack” or “before dad started doing this” or this they were pretty good and we did have fun times, only alienated kids will say nothing good about that parent.

So that’s just one, example of the 8 Behavioural Manifestation. Yeah, so they will deny any, any have happy memories and I’m assuming that the, abused child might also, the difference might be that they might be holding on to those good memories, somewhere as opposed to denying them and forgetting about them. I did a, one of my research studies was actually, um, working with a group of kids who were alienated versus kids just in a regular divorce situation and we gave them a paper and pencil measure they were, teenagers, and you know tell me one good memory you had of each parent duh, duh, duh, duh, duh, and not only did the alienated kids say like “I don’t have any good memories” but they would literally write in caps like “nothing” with 13 exclamation points I mean they are so, focussed on, making sure that everybody knows just how much they do not like that parent.

Does the child truly believe it or are they supporting the alienating parent?

That’s a lot and, and I’m sitting here thinking to myself and, you, you probably will know this when they’re doing that do they, actually really truly believe it or are they doing it because they’re just supporting the alienating parent, even when they’re absent, do they actually genuinely believe this?

Yeah, so, that’s particularly relevant for one of the 8 Behavioural Manifestations it’s called ‘absence of guilt’, and what that means is, that they don’t seem to feel badly, when they hurt the targeted parent. And, one of my little piffy, whatever, sayings is “alienation is where one parent gives the child permission to break the other parent’s heart.” Because that is you know one way to think about it is that these kids really treat their parent very, very, very badly you know “you can’t come to my, you know sweet 16 party” or “I don’t want you walking me down the aisle”, or “don’t show up for this”, or “I never loved you.”

I actually saw a video once, of an alienated kid, I guess the, for whatever reason the dad was filming this, and she said “you know Dad it’s like this. If I had a watch, and it got to be an old watch and it broke I would just throw it in the garbage. That’s how I feel about you. If you died I would just say oh well who cares.” These kids can be very, very, very callous, and when Richard Gardner coined the term absence of guilt, at the time, I think many of us assumed, that the kids actually felt no guilt while they were behaving this way. But then, in 2007, or five when I was doing the research but the first book came out in 2007, it involved interviewing adults who went through this as kids. And a lot of them talked about how guilty they felt. At the time, and later when they realised what they had done. And that’s one of the reasons that alienation is so damaging, for the child is on some level they know they are breaking their parent’s heart, they know they are being callous, and they feel very ashamed and guilty and that’s the kind of thing that stays with them as they grow up.

So to answer that was a very long way of saying, I believe that many of them feel guilty in the moment, I can’t say every single one, but the presentation is a callous presentation. “I don’t care”, “I don’t have to say thank you to this gift that you’re giving me because you’re only giving it to me to look good for the judge”, so their behaviour is very callous. But inside, I believe that many of them feel very badly about what they’re doing.

Yeah. What, what you’re speaking I’m just thinking what a difficult world to live in as a young child in this world where everything is being, turned upside down and you have no power whatsoever to restore it, to, or maybe even recognition of what is going on, um, within their inner world and their emotional world and you know, very difficult.

Does parental alienation often get physical?

I remember with working with the first, when we, before we started recording I was telling you when I first, learned about parenting alienation and it was a dad who had come to me um, who was a separated dad and, he was becoming a little bit, what he was getting worried that his daughter was now coming home, to him on the weekends or every other weekend, and um, first it was verbal, you know, “go away”, “I hate you”, but then it started escalating to pushing, to hitting, to scratching, to biting and he could not understand and it happened so fast, and when he would speak with the mom about this, the mom would say “well you know what can I do?” and when she’d go home and tell, you know he would say a couple of times he said you know “she did, try to push me down the stairs today” and, and the mom would say “well next time push harder.” So that was my first encounter with that does it, I don’t use the word always but, but does it often get physical as well?

The common element is that the kids interact with the targeted parent, in very provocative ways partly, to unconsciously, get that parent to behave badly back so that they have an excuse for cutting off that parent. In other words, what you said a moment ago is very true it’s very, very hard to live in this space of divided loyalties and, on some level it would be easier for the kids, if they’re like and I’m just going to use the example of dad being the alienator but we know it goes either way, you know Dad’s right mom’s a terrible person I’m going to cut her off, and now I know there’s good and there’s bad and I know where my you know, I’m hitching my wagon here, I know where, what’s what.

So, for a kid who again let’s say the dad’s the alienator, come, is still going back and forth when they show up at Mom’s house, they’re going to be very, very, very difficult and rejecting. Partly to trigger that parent to then do something, “fine go live with your dad”, or hitting the kid, or saying something cruel to the child and then the child’s like I’m done and, even though a child doesn’t really want to cut off a parent in the short term, immediate world that they live in, it might be easier for them and so that’s partly why they do it. So a big part of what I do in my coaching, is helping parents, I call it you know “don’t take the bait.” And, I try to teach parents lots, and lots, and lots of ways to navigate when the child is being provocative, so that they don’t become reactive either depressed and give up or, angry and unkind, because either inadvertently reinforce the lie. Right. The lie is again using the example dad’s the alienator, the lie is that Mom is unsafe, unloving, unavailable. So the kid shows up is uncooperative, or unpleasant in some way, and then if Mom behaves in a way that’s unkind, or rejecting the kid says, “oh Dad’s right”. We go, yeah, right.

What is Loyalty Conflict?

And you spoke about loyalty, and loyalty conflicts and, in your, in your book there’s some where you I think it was on, page 100 where you, I’ll just read it to you um, where you say “inside every alienated child is a child who feels rejected. This is an essential insight. Whenever your child who’s caught up in a loyalty conflict, cruelly rejects you, know that it’s actually feeling rejected by you.” Is that, in essence what loyalty conflict is? It’s in essence what alienation is. Loyalty conflict is, I don’t have a specific technical definition but it’s sort of, it could be coming from within the child. Whereas alienation is being induced by the, by a parent. Yeah.

In other words if you had two best friends who hated each other, you might feel a loyalty conflict, even if neither of them is egging you on to say “oh you should ditch that other friend” right? So loyalty, good example actually, yeah, sure we can all relate to that so loyalty conflict is more internal, and kids do feel it you know, um, that’s sort of the, sort of the breeding ground if you will of the alienation because it’s hard to be in a loyalty conflict, so one parent can scoop the child up and keep them all for themselves, you know, in a way that as I said earlier it can be relief to the child. In the long run it’s not good for kids, we, it’d be better to help them manage the loyalty conflict, manage the alienation, and obviously to get parents to stop engaging in alienation.

My focus, because this is just what um, I have access to I don’t have access to,you know favoured parents they’re not coming to me saying “teach me how not to be an alienator”, I have the targeted parents coming to me saying to me “how to deal with my child when my child accuses me of something I didn’t do”, or “teach me what to do when my child is unpleasant with me and I just don’t know what to do”, so that’s really where my heart is right now. Yeah, yeah, and you’re, and you’re right it’s, it’s exactly what I see in my own practice where, it’s usually the targeted parent who sits there and I think to myself oh my God I wish it were the other parent who was here but you know you rarely, oh no there’s one that I’m seeing at the moment, but that’s because of the place that I work with the organisation that I work with so, I have to see both parents so she she’s kind of coming in.

What would you say to the parent who is the one sending the poisonous messages?

So you mentioned already about um, the messages and denigration of the other parents so what would you say to a parent who’s the one who where they know that their poisonous messages being sent, and the child is reacting to? So what would you do when your ex is sending poisonous messages? I mean it’s like you know because I actually, my latest book is called “Parenting Under Fire” right, and the first third of the book is, that’s what it is. Is um, how do you interact with a child who’s being provocative, who’s being basically convinced that you don’t love them or that you’re are not safe?

And I’ll just talk high level for a moment the way that I think about it, is, turning up the volume on the positive, parts of the relationship or otherwise called “enhancing the attachment” and that is something that a lot of parents don’t do you know there’s some interesting research, like especially with much younger kids that like with a toddler, a parent gives several hundred commands a day. “Don’t do this”, “don’t do that”, “hold my hand”, “don’t spill your milk”, you know “now we’re going to the playground”, “put on your coat.” It’s just command, command, command, command, command. And so part of what I think is important for parents who are dealing with this, is to make sure, that they are infusing the relationship with a feeling of love and safety and belonging, for the child.

And, it’s not as simple as saying “I’m a safe parent.” I mean I wish it were, but it’s not, it’s about being safe, loving, and available and I’ll just give you one example because it’s sort of my, one of my favourite ones. How you say “yes” or how you say “no” to your child matters and this is something that a lot of people just don’t think about that much like if your child says to you “can I have ice cream for breakfast?” Most likely a parent would say, even forgetting about alienation like “what are you talking about, we don’t need ice cream for breakfast” and targeted parent might say “who told you to ask me did your mother?” Let’s say it’s the dad, “did your mother put you up to this?” Right, “do you get to eat ice cream at the other parents house?” Like they might, start trying to figure out is this alienation going on? Why is my kid, asking for something? Where now I’m going to have to say no.

What I work on with my clients is, to think about how they say no, not just saying no. So for example, I teach them this skill called “joining the wish.” So instead of saying “ice cream isn’t healthy why would you have”, you know all that negativity, right, which makes a child feel badly about themselves, “why would you ask rice cream for breakfast?” You’re basically saying “you stupid idiot” right, or “you know we don’t eat ice cream for breakfast”, now you’re calling your child like a liar. So instead you say “oh man, I wish ice cream were a healthy breakfast choice, you can have that later, now you can choose between pancakes and waffles.” And I don’t care what it is “Dad give me a million bucks”, “I wish I had a million bucks to give you, what would you do with it? Tell me how you would spend it?”

Likewise, even saying yes, it’s how you say yes that matters, so imagine you have a teenager who says, you know “can I have 20 bucks to go to the mall?” You could literally take a $20 bill and throw it at them and say “here take your stupid money.” They’re getting the money, but it’s you know, ruined basically with the negativity or you could say “you know what, yes, I have $20 extra I’d love to give it to you, I hope you have a blast, here it is.” So how we do things matters I think more than people, parents kind of realise.

And then the third example is, if your, let’s say, it’s 11 o’ at night your kids’ in bed, you’re in bed, ready for bed and your kids says “oh my God Mom I forgot I have to bring cupcakes to school tomorrow” and, you know the supermarket’s closing we have to go now right now. I’m not saying you have to do it, and that’s a different calculation – are you going to do it or are you going to teach your child a lesson and responsibility? That’s for you to figure out depending on, you know is this the first time this has happened or the 10th time that’s happened but let’s say you’re going to do it. If you’re going to do it, do it with love. Do not lecture your child about how irresponsible they are, how inconvenient it is, you know rolling your eyes and huffing and puffing, “let’s just get this done”, “I can’t believe you forgot again”, because at the end of that little trip to the supermarket, yeah, you might think like wow what a hero I am I took my child to the store and I didn’t have to, but all the child’s gonna think is yeah, “Dad’s right, mom’s not very nice”.

Yeah. What I teach parents is, if you do it, do it with love. And the next day you can say to your child “you know, that wasn’t so convenient, to have to go to the store at 11 o’clock at night. What could we do so that doesn’t happen again?” And so the things to notice is there’s no shaming, no blaming, not like you were bad, you were wrong, it’s that wasn’t convenient, so you’re talking for yourself, I didn’t love having to get dressed after I was in my pyjamas, and then you’re engaging in mutual problem solving, what could we do, so that doesn’t happen again? And maybe you and the kid will come up with a really cool solution, like when you pick the child up from school every day, before you drive home, you say “anything you need?” Or maybe there’s a Post-It note on the refrigerator, or maybe you decide, this child’s old enough and the two of you agree, that it’s the child’s responsibility, and if they remember before 10 o’clock at night you will take them someplace to get what they need but if it’s after that, you might not feel like it. But the solution, ideally comes from the child.

Yeah, yeah. And then you say to the child “let’s check in, in a couple weeks and see how our solution is working”, because sometimes the first solution works but not always, and you’re teaching your child, respectful communication, mutually respectful problem solving, and your child’s going to feel so much better about the relationship, and that’s really what you want you want to teach your child the values of responsibility, right? You don’t want to be at your child’s mercy like, “it’s 3 in the morning and I want to go get poster board”, you know, you’re not, that’s obviously not ideal for the child, yeah, but more important than teaching the child responsibility, is teaching the child that you, you, love them, and that, you can work out problems in a way that feels good for both of you.

How does the affected parent still act with love, despite all the hatred from the alienated child?

I’m sitting here and I’m thinking to myself how with, with you know listening to some of the parents that I’ve worked with, where they get so affected by what is happening to them where the child is you know is telling them “I hate you”, “go away” you know, just, really going at them bubbly and sometimes you know just trying to get them, locking them in the bathroom when they go in, they try and lock them in, and they laugh and, and everything like that. Um, and they, the feelings they might be carrying with them at that moment where they think that, they feel really angry, rejected, and then having to then respond with love, it might not be that straightforward. So how, how do they, how do they manage all the, I would call them “natural feelings” that would come from the hate that is being shown towards them?

So I, I, guess I’d have two responses to that the first is, the quote you read and I don’t even know which book that was from by the way but inside every alienated child is a child who feels rejected, okay, cool all right I don’t keep track of everything but I, absolutely believe that. Yeah, yeah. It made sense when I read it, yeah. But it is important for the targeted parent, to understand their experience, if you’re a targeted parent your experience is that you are chasing your child, okay, you want more, and your child is rejecting you. But that’s not the child’s experience. The child’s experience is you have fundamentally hurt them in some profound way that they are reacting to.

So the reason that insight’s important is because it could help parents feel more empathic towards their child. Yeah, actually as soon as you said that I felt oh, because I, yeah, when you were describing, it, you know the whole you know scenario earlier on, I was thinking oh my gosh that would be so painful, so painful, so painful, so hurtful, how do how would I manage that? And then when you said that this time I just thought oh, yes I am chasing my child I am trying to I don’t know if it’s reattach, reconnect um, parent them, basically.

But the child’s experience is that you’re rejecting them, so you if you can try to put yourself in the child’s shoes, and feel that empathy, for the child it definitely brings down, the hurt and the anger that you feel. Could you say that to your child, could you say “I think you’re treating me like this because you probably feel like I rejected you some way?” I’m not sure I would put that quite like that but I could say, you know, you, you, know “your behaviour showing me that you’re really not happy with me right now, that you’re pretty, upset, you’re, it seems like you’re hurt and angry and I’d like to understand what that’s about.” Yeah. Rather than “how dare you treat me that way.” Yeah, right. The emphasis is on the compassion for the child. But, I don’t recommend somebody having that conversation without getting, it doesn’t have to be me, but some coaching so they know what to do next.

That’s like opening the door but what do you do when your kid says “yeah you beat me when I was a baby” and the targeted parents says “I did not, who told you that?” Now you you’ve sort of just made another parenting error in my, in my opinion. Yeah. So yeah, yes, you can, you can try to have a conversation with your child about how they’re feeling, but you have to, you have to know how to do that, or else you’re just going to end up in an argument with them. “You did too steal my college money”, “I did not, look on this piece of paper it proves I didn’t – the money’s in the bank” and the kid says “I don’t care what’s on that piece of paper.” You know, “I was told that you stole the money and I believe that” so, it’s, at every step whether it’s the opening “hey I think you’re upset” all the way through. It’s not intuitive, it’s not obvious, some of it’s counter intuitive um, actually the opposite of what you think the, the right thing to do would be you actually need to do, something very different. Yeah. And that’s not to keep plugging my book but that’s really what ‘Parenting Under Fire’ is about. Okay. It’s like most people are okay, if not pretty good, if not even better, than pretty good parents but you, if you’re parenting under fire right, if you’re being attacked, your relationship is being attacked, you need a whole other level of parenting skills. Yeah.

Why do parents alienate their children?

Why do parents alienate? I know you said that sometimes they’re not even, you know aware that they’re doing it but, I’m thinking of all the parents that I’ve worked with and the ones that I’m currently working with, what is it about them, that they feel “I need to tell my child what he did”, I need to, you know, it’s almost like some of them say “I tell my child everything because they need to know everything that happen and what a bad person she is or he is” and so, what is it about that parent that gets them to…

So, I can tell you from the research I’ve done interviewing adults who have lived through this what they say about the parent who did this to them, um, there is no one like typical alienating parent right I mean sometimes they do it because, their whole life is the child and they just don’t want to go from being a full-time parent to a part-time parent. You know, especially for parents who invest a lot of time you know a stay-at-home parent whether it’s the mom or dad both parents do this, but if you are the parent who’s sort of really, really, really, really, invested all this time and you’re used to being with your child all this time, it’s very painful, to then go to, let’s say you know 50/50 or whatever the schedule is, so some people just want their kids, you know that some people are angry, and they feel like you know well “if you don’t want me then you’re rejecting us” because they sort of conflate, you know, the end of the marriage with, you know rejection of the of themselves plus their kids and some people even say “oh daddy doesn’t love us anymore” or “if mommy really loved us she wouldn’t have moved out.” So they’re encouraging the kids to conflate.

There’s just so many, different scenarios you know a, another typical scenario is the parent who gets remarried, and really has this fantasy that their new spouse is “the real parent” and um, have, they have this idea that this is the “real true family” and they really like the other parent is like an, you know an inconvenience, in a way because it for some fantasy bubble about what about, about their family life.

Yeah that’s actually a really good one because I’ve, I’ve experienced that as well with, most of the clients I’ve worked with are dads and where I remember there was actually one mom, who remarried and, you know she actively wanted the dad out of the picture um, and she called me trying to get in, not just trying, to get information around my work but at some point I had to say “I’m not really sure what you’re looking for” um, you know and then she said “well actually to be honest I am the wife, ex-wife of so and so and I just want to know did he attend the classes, did he do this” and I thought wow this was really, another way of going around to say he’s a bad person, he’s a bad dad, um, very active.

And I think something else that I just thought about was just knowing that parental alienation is not, confined to one group of people, so we know it’s not just men, it’s not just women um, we know, it can be the, CEO of a big company, it can be the mother who or the father who’s on benefits with nothing else, so it does, there’s no, same sex couples, it happens in same sex, couples, yeah, it can happen anytime. And sometimes in a weird sense of way it can also happen in intact homes where they’re living together, so it’s not just in, in divorce, um, sometimes people end a marriage because they’re like, you know, I need time alone with my kid and I can never have time alone because the other parents always there undermining me. Sometimes people stay married because they’re like “oh my God if I lived in another home I’d probably never see my kids.” Yeah. So it definitely happens in intact families. Yeah, yeah.

I feel like walking away from my child, how do I create that bond?

So I can see we’ve got like 10 minutes left and I, I want to um ask one question you’ve touched it but I’m sitting and I’m thinking about the parents who might be listening to this or watching this and um, “I’m the alienated parent and I’m like Dr Baker what do I do from here? He just doesn’t want to come to my house anymore, calls me all these names I love him, but I feel like walking away tell me how I can recreate that bond.”

I understand the impulse to walk away and I understand that many targeted parents have people whispering or, whispering in their ears especially their parents who love them most of all, and they’re like “well you know teach him a lesson”, you know I’m just going to use a male child you know, “he needs to learn that he can’t talk to you that way” and um, you know he’ll only, “he’ll come around eventually” you know. I think that it’s very hard to be a, to love somebody who is a targeted parent and see that that child is breaking that parent’s heart and so there’s a lot of, pressure I think sometimes on targeted parents to walk away.

And even therapists sometimes or, you know might tell you know, if you’re a therapist and you have a targeted parent client you want to protect your, client who’s suffering and you might say “maybe you need to step away, write a goodbye letter, take a break.” The problem that I have with all of that, is, I don’t actually think the targeted parent feels better for having done that, and it reinforces for the child that the parent doesn’t care. So, the question I would say that a targeted parent can ask themselves is, what can I do in this moment to counter the lie. The lie is that you’re unsafe, unloving, and unavailable. And it might mean full out, you know trial that you prepare a year for and spend $100,000 on with the top-notch lawyer and you’re totally you’re basically like a paralegal by the time it’s over because you’ve decided, given your circumstances and your energy level that that’s where you’re going to go, you know, guns blazing trying to win a proper solution in court.

For other people given the age of their child, their own, you know financial, and emotional, and energy level situation, it might mean sending a text every day to the child. Yeah, yeah. You have to match the solution to the circumstance, you know if you have a five-year-old who’s refusing to come, and you have money, you some resources, I would not say give up. It’s way too early, the courts are much more likely to want to be helpful with a younger child, and, at least you should know your options. If your kid is 17 and you don’t have money or you’re battling a medical illness yourself, or some, you’re taking care of a dying parent or there’s, whatever you know, just tremendous other stressor in your life, you’re probably not going to go to court it doesn’t make sense. So to me it’s not binary give up, not give up. It’s today, what is my plan, what do I have the time, money, energy for what do I think make sense.

Sadly, many people do not get enough support from their lawyer. Lawyers are very reactive, “oh that parent showed up on your time we’ll do X”, “oh that parent did this bad thing, we’ll do Y.” What I try to do with my clients is here’s five things you could ask for of the court, let’s look at the pros and cons of each of them, and see what makes sense, if any, and then I usually say “did your attorney do this with you?” “No.” It just makes me upset. Now, if the child’s over 18 obviously court, is, off the table, and then the question is how can you, communicate with your child? You know um, either by text or, um, and that’s like the second section of my book ‘Parenting Under Fire’ is all about texting. Why, how, what to do, what to do when your kid responds this way that way, and then the final third of the book is how to write a letter, to an adult alienated child it’s very specific philosophy, it’s probably different than other letters other people have written.

Um, so I think generally there are things to do. Short of devoting your life to trying to maintain your relationship with your child, there’s still things you can do, so you have the satisfaction of knowing you tried, so your child knows that you tried, you can think about it as like you’re leaving a trail of breadcrumbs so they can find their way back to you when they’re ready. Um, I rarely think there’s a, a time when you would say “I’m done.” Whether it’s with a provocative 12 year old, or, you know, 15y old, or 25 year old, I, I rarely recommend that’s it wipe your hands of that person they’re, yeah, better off without them. That’s my, kind of long-winded answer to that.

What must I not do as the affected parent?

Yeah and, and, what should, what shouldn’t I do in terms of um, so my 5-year-old doesn’t want to come, what must, I must, what must I not do? You don’t negotiate with the child, if the child says you know, at whatever age, “I’ll come Thursday if you let me leave Friday.” Let’s say the kid’s supposed to be there Thursday, Friday, Saturday, you never negotiate with the child because then you can’t hold the other parent accountable, right, your legal contract, your parenting plan is with the other parent not with the child, even if the child is 17, the answer is Mom and Dad work on the schedule. So you don’t have to be rude to your child, “you’re just a child, you’re an idiot, you don’t know anything”, you know, but you just don’t negotiate with the child. You always show up for your parenting time, even if the child says “don’t bother showing up Saturday morning, I’m not going to be there”, “well it’s my time to pick you up, I’m gonna be there” and then you document it if the, if you know you don’t get your child, when you’re supposed to, you show up, then you send an email, you know “I was there” and I, you know “nobody seemed to be home” I say you wait 20 minutes you don’t just “oh they’re not there” and you leave, and then you leave.

There was another last um, quote that I had here, where you said “as a co-parent with a toxic ex, you don’t have the luxury of being a mediocre parent, um you need to spend time engaging in meaningful interactions with your child, you need to invest yourself, your time your attention, in the relationship, to cultivate a deep and abiding bond that will be less susceptible to your ex’s interference and attempts to undermine your authority. So really just covering what you said at, some point during the interview, where you said, “you’re chasing after your child”, “you’re looking for your child”, “you’re parenting your child” and “doing whatever it is that you can with your time, at that moment, with your child” um, just making the plans and going, and keep going with them.

The one tweak I would add to that is I don’t actually believe that we should be labelling anybody as toxic I, I did not want to name book that, I know a lot of people like that, but you know that if, let’s say you’re a mom and you’re a target, you believe you’re a targeted parent and you’re reading the book and the kid sees it they’re going to be like, “oh so you think Dad’s toxic?” Like I just don’t think it helps, I, I don’t believe in calling you know children rude, or disrespectful, or calling the other parent, you know narcissist, or toxic, or abusive, is of used now. Yeah narcissist, has become like it’s got its part in the limelight now, so you change the title of your, okay.

You know the publisher really insisted and it’s a very popular book you know I, I stand by the book, I just don’t love the title. It’s a great book, it’s a great book, and just the last chapter where actually chapter, the final section that says final words so I’m just thinking anybody who gets this book, the last section what I liked about this part um, where you say “we encourage you to ponder these questions to find your own truth” and you have all these questions here, um, that when I looked at them I’m thinking to myself this actually makes the parent to be reflective, of what is going on. So you check yourself, as opposed to reacting to, what’s in front of you but how is this, how can I remember that my child is a victim, when she’s treat treating me so badly and causing me so much pain and suffering. You know it’s not them, and if you keep that in mind then you’re like okay, you know this is, not, the way it was supposed to turn out you know. How can I cultivate compassion in both myself and my child, so really getting the parents to look, inwardly um, at themselves as well um, as the situation that presents in front of them.

I had so many questions, and this is such a big topic and um, I’m glad that we’re talking about it, I’m glad it’s being spoken about more, and more, and more, and more, because it does happen, it does exist, it’s painful, it’s disturbing um, there are no winners in the game, you know, short term or long term, and um, I want to say thank you so much. Thank you so much, and um, who you know those who are listening. Amy has got so many books on her website I went there and I saw you’ve got your 10 books, you’ve got your papers there, please visit the website and I’ll tell you what it is in a minute amyjlbaker.com. Everything is on there and the coaching program is on there as well. Thank you Amy, you’re so welcome great conversation, thank you so much.

[Music]

About Dr Amy J.L. Baker

Dr. Baker is a nationally recognised expert in parental alienation, and parent-child relationships, especially children of divorce, and emotional abuse of children.

She has a Ph.D. in developmental psychology from Teachers College of Columbia University. She is the author or co-author of 10 books and over 120 academic articles on topics related to children’s wellbeing.

Step-by-Step Process to No-Fault Divorce in the UK
Photo by cottonbro studio.
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Step-By-Step Guide to No-Fault Divorce in the UK

Chris Sweetman
Chris Sweetman
Director
Fair Results

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

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

Understanding No-Fault Divorce

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

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

There are various advantages to a no-fault divorce:

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

Eligibility Criteria

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

Residency Requirements

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

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

Duration of Marriage

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

Mutual Agreement

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

Grounds for No-Fault Divorce

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

Preparing for the Divorce Process

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

Gathering Necessary Documents

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

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

Seeking Legal Advice

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

Understanding the Financial Implications

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

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

Considering the Impact on Children and Family

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

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

Setting Realistic Expectations

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

Creating a Support System

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

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

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

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

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

Step 1: Preliminary Considerations and Preparations

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

Step 2: Filing the Divorce Application

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

Step 3: Serving the Divorce Papers to the Other Party

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

Step 4: Responding to the Divorce Application

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

Step 5: Negotiating Settlements and Agreements

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

Step 6: Applying for the Decree Nisi

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

Step 7: Applying for the Decree Absolute

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

Note: Attending Court Hearings (if necessary)

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

Post-Divorce Considerations

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

Financial Planning After Divorce

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

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

Co-Parenting Arrangements

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

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

Updating Legal Documents

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

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

Focusing on Personal Growth & Wellbeing

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

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

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

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

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

More articles by Chris Sweetman.

About Chris Sweetman

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

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

A Guide to Financial Settlement in Divorce
Photo by Scott Graham on Unsplash.
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A Guide To Financial Settlement In Divorce

Chris Sweetman
Chris Sweetman
Director
Fair Results

One of the core parts of the divorce process is agreeing on a financial settlement. Especially now, with the introduction of no-fault divorce, it has become more straightforward to get divorced than ever.

However, you don’t want to be caught off guard by the future repercussions of a DIY divorce. Securing your financial future should be one of the main goals of any divorce. That’s why we’ve prepared a guide on the financial settlement.

In this article, Christ Sweetman from Fair Result is going to cover:

  • What is financial settlement?
  • What is included in the financial settlement?
  • How is child maintenance solved?
  • How can you prepare for the financial settlement?
  • Can you reach a financial settlement by yourself?
  • How does the court decide whether the settlement is fair?

What is financial settlement?

In simple terms, financial settlement in divorce is an agreement between you and your ex-spouse on how to divide financial assets after the dissolution of your marriage or civil partnership.

The settlement can be decided on during any point of the divorce proceedings/civil partnership dissolution. Nevertheless, we would recommend signing a consent order before applying for the Final Order (formerly known as Decree Absolute).

The court usually isn’t involved until the legally binding consent order is signed – stating that both parties agree with the terms. Once the order is drafted & agreed upon, the court needs to approve it. Although, there may be exceptions when divorcees can’t agree between themselves, and the court will be required to intervene.

What is included in the financial settlement?

Matrimonial assets (financial assets acquired during the marriage) are divided as fairly as possible – the starting point of the negotiations is usually 50/50. Whilst non-matrimonial assets (financial assets acquired before the marriage) can be protected by a pre-nuptial agreement and may not get shared.

The financial settlement can include:

  • Money (investments, insurance policies, savings)
  • Property (houses, apartments, rental properties, and holiday homes)
  • Child maintenance
  • Household contents
  • Cars
  • Pension funds
  • Business interests
  • Personal items (over £500)
  • Debts, loans, and credit cards

Moreover, stay vary of the division of mortgages and debt that were accumulated throughout the marriage (otherwise known as matrimonial debt). Since matrimonial debt can be split between both parties as long as the loan was taken out for the benefit of both spouses.

How is child maintenance solved?

In its essence, both parents are legally required to support their children financially. Usually, the parent who doesn’t have regular care of the children – must pay child maintenance.

The maintenance must be paid if a child is:

  • under 16 years old
  • under 20 years old but in full-time non-advanced education (e.g., A-levels)
  • 16-17 years old, no longer in full-time education but has registered for work/training with a careers service.

An agreement can be reached between the spouses regarding children. Alternatively, the Child Maintenance Services can work out child maintenance instead. They will determine how much money needs to be paid to the parent whom the children live with. The decision is mainly based on income & financial commitments.

Additionally, if the spouse that needs to pay maintenance doesn’t live in the UK – an application can be made to the court for a child maintenance order.

How can you prepare for the financial settlement?

The best thing you can do to prepare for a financial settlement is to sort out your personal finances. As well as, roughly agreeing with your ex-spouse who continues to pay the bills and who gets what assets.

If you have any joint bank accounts, matrimonial debt, or credit cards – contact your provider as soon as you can to let them know you’re going through a divorce. Also, make sure your salary or benefits go to a separate account that’s only in your name.

In cases where you can’t trust your ex to not spend money from a joint account, you can freeze your bank cards.

Furthermore, it’s important to evaluate your current finances as an individual and a couple. Make sure to take note of: what you own; how much you owe to each other; what a potential split in assets would look like. Lastly, you should figure out how will the pensions be split.

Can you reach a financial settlement by yourself?

If you’re living in England or Wales – reaching a financial settlement in divorce by yourself is an option. This would come in a form of the consent order, which is a legally binding document that outlines the division of assets & child maintenance.

Once the order is drafted & signed, you’ll need to send copies to the court asking for final approval. This costs £53. Although, to guarantee that your consent order is legally binding you should hire a solicitor.

It’s not recommended to draft your own consent order under normal circumstances. But it’s especially important to hire a solicitor if your financial situation is complex (e.g., you’ve multiple business or property assets), you’ve been married for a long period, or communication has broken down between you and your ex.

Reaching a consent order outside the court can not only speed up your divorce process but also reduce costs. As long as the court thinks the order is fair – it will get approved without any additional court hearings.

How does the court decide whether the settlement is fair?

The court follows the guidelines set out in section 25 of the Matrimonial Causes Act to rule on the division of assets. These include:

  • Existing and future financial assets – the considerations begin with complete financial asset disclosure by both parties. Then the existing assets are evaluated, including how earning potential may change in the future.
  • Current and future financial needs – similarly to future potential earnings, the court evaluates the financial needs of both spouses. Fundamentally, the court looks at moving/re-housing costs and which party will be the primary caretaker of the children. Both parties will also be asked to provide estimated expenses to help with the ruling.
  • Standard of living before the divorce – the court tries to sustain the same standards of living, as before the divorce, for both parties. Although, this is rarely achievable, and a more likely scenario is that both spouses’ standard of living falls.
  • The age of the spouses & marriage duration – in situations where the marriage is short, financial contributions made before the marriage become more important. Whilst if the marriage is long and both spouses are older earning potential, childcare, and pensions suddenly become more important.
  • Spouses’ physical and mental health – this isn’t a common factor during considerations. But when it’s applicable the court will ask for a medical professional to provide evidence.
  • Contributions made for the benefit of the family – this tends to be a highly contested point during the financial settlement. As the Matrimonial Causes Act outlines any contributions made to looking after the home or caring for the family count. So, for example, if one spouse works, while the other takes care of the children – they would be considered equal contributors. On the other hand, things can get more complicated if one spouse brought in high-value assets into the marriage, received an inheritance, or accumulated substantial wealth after separation. In cases like these, the court will consider additional factors.

Final thoughts

Overall, having a signed and approved consent order is the first step you need to take to secure your financial future after divorce. To ensure that you won’t face any negative repercussions after the divorce – hiring a solicitor, to help you with your financial settlement, could be your best choice.

Click here for more articles from Fair Results

About Chris Sweetman

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

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

Divorce and bankruptcy
Photo by Melinda Gimpel on Unsplash

Divorce and bankruptcy: Double trouble

Layla Babadi
Legal Director
Solicitor
Nelsons

Divorce and bankruptcy have been two big topics in recent times.

The impact of Covid-19 has resulted in companies going under, leaving employees without a job, and couples being cooped up in lockdown together – but what happens when these two, already stressful, situations happen at the same time?

Bankruptcy

Bankruptcy is a legal process through which people, or other entities, who cannot repay debts to creditors may seek relief from some or all of their debts.

The bankruptcy application process must be followed very carefully and the application submitted, after completing the necessary form and paying the fee (currently £680) to become bankrupt. At this point, it’s over to the adjudicator to make a decision.

The adjudicator has 28 days to decide whether to make a bankruptcy order or to reject the application. On the basis that the adjudicator decides to make the bankruptcy order, it is at that stage that you are officially declared bankrupt and your bank or building society accounts will be frozen immediately.

Divorce

You can get divorced in England and Wales if all of the following apply:

  • You have been married for more than a year;
  • Your relationship has permanently broken down;
  • Your marriage is legally recognised in the UK; and,
  • The UK is your permanent home or the permanent home of your husband or wife.

When you apply for a divorce, you need to prove that your marriage has broken down irretrievably and prove one of the following five facts:

  • Adultery;
  • Unreasonable behaviour;
  • Desertion;
  • Two-years separation with the other party’s consent; or,
  • Five years separation without the other party’s consent.

The Government’s Divorce, Dissolution and Separation Act 2020 will reform the divorce process introducing no-fault divorce. The new legislation, which is due to come into force on 6 April 2022, will replace the five facts with a new requirement – to provide a statement of irretrievable breakdown, remove the possibility of contesting the divorce, and introduce an option for a joint application.

In order to get a divorce, there is a court fee of £593, although some applicants will be eligible for help with fees, and a separate application can be made in this regard.

Has Covid-19 had an impact on divorce and bankruptcy rates?

Bankruptcy rates

Figures from the Insolvency Service Official statistics show that, during 2020, there was a 25% reduction in people going bankrupt compared to 2019. Quarter three of 2021 has also seen a fall of 33% compared to the same quarter in 2020.

The decrease in the number of bankruptcies in quarter three of 2021 has almost certainly been assisted by an increase in the number of people starting a Debt Relief Order (DRO). A significant relaxation of the DRO qualification criteria from June 2021 has made this cheaper alternative more accessible.

That being said, the total number of bankruptcies and DROs is still likely to be lower overall than during 2020. This suggests mass financial hardship predicted by some at the beginning of the pandemic may have been avoided.

Divorce rates

The Family Court’s quarterly statistics, published on 25 March 2021, show that:

  • Between October and December 2020, 28,672 divorce petitions were filed, which was up five per cent on the equivalent quarter in 2019.
  • There were 23,810 decree absolutes, the legal document that ends a marriage, granted in October to December 2020, a decrease of 24% from the same period last year.
  • Annually, there were 111,996 divorce petitions filed and 97,068 decree absolutes granted throughout 2020, down four per cent and 11% respectively from 2019.

Despite the news seemingly reporting a rise in divorces during the pandemic, it seems that, according to the statistics, the annual figures don’t coincide with this and divorce rates are pretty similar to pre-pandemic levels.

However, with Covid-19 not going away anytime soon, and with continued restrictions putting a strain on both business and homelife environments, discussion around dealing with bankruptcy and divorce could become more frequent in the months ahead.

What is the process of divorce and bankruptcy?

When a property, or any other type of asset, is owned jointly by a divorcing couple and one of the parties has been declared bankrupt, the property or asset cannot be transferred to the other party as part of the financial settlement in the divorce proceedings without the consent of the trustee who is dealing with the bankruptcy.

The trustee is responsible for handling all the assets and income of the party that has been declared bankrupt. They deal with the assets in a variety of ways in order to pay the creditors of the bankrupted party. This will be the main consideration of the trustee.

What happens if one party is declared bankrupt during a divorce?

What happens with regard to finances depends largely on whether and when the bankruptcy petition has been filed.

Prior to a bankruptcy petition being filed, the court retains its full power and discretion with regards to finances and divorce. For example, debts need to be taken into account and consideration should be given to options such as negotiating a reduced lump sum towards the debt or instalments to repay the debt and financial orders are binding upon trustees in bankruptcy

Thought should also be given to the financial position if a party is made bankrupt. This is particularly the case if the debt is in one party’s name and is more than the value of the assets in their name or joint names. Sometimes, bankruptcy is the best option as it addresses the debt while preserving what is left of the matrimonial assets.

Ideally an agreement will be reached as to a division of the assets, but, if the parties are unable to reach an agreement, the court may make a final order in financial remedy proceedings. This can result in an unequal division of the matrimonial assets if, for example, it is necessary to meet needs. I

f that order provides for a property to be transferred to a spouse, either outright or on the basis that it will be subject to a chargeback payable at some point in the future, that order will take effect upon pronouncement of decree absolute, the final order that concludes the divorce process.

The impact of a bankruptcy order

Once the bankruptcy order is made, the court has no jurisdiction to make a subsequent property adjustment order transferring or ordering a sale of a matrimonial property. If a property adjustment order has already been made but not implemented before the bankruptcy order, it is still binding on the trustee, as long as the decree absolute has been pronounced to make the order effective under section 24(3) of the Matrimonial Causes Act (MCA) 1973.

Lump sum orders (an order that one party pay a certain amount to another, are a provable debt in a person’s bankruptcy meaning that a spouse can prove in the bankruptcy as a creditor and will be entitled to participate in any distribution of the bankruptcy estate. Other financial obligations are not provable but survive.

The court does have the discretion to release a party from lump sum obligations post-bankruptcy under section 281(5) of the Insolvency Act 1986, which it may do in circumstances where there is no likelihood of satisfying it. For example, if there is a lapse of time since the order was made and where it may be used as a source of harassment to the discharged bankrupt.

Financial provision and property adjustment orders under the MCA 1973 are valuable rights conferred and recognised by law, whereby one spouse will give and the other will receive consideration.

A negotiated agreement to settle an application for financial provision is not a disposition because it is subject to the court’s discretion in deciding whether accord has been reached. The agreement only becomes effective when the order is made.

A court order comprising an application for financial provision and property adjustment is a disposition by the individual and not the court. The order has the effect of vesting beneficial ownership in the recipient and section 284 will apply if the disposition is at the relevant time.

In the case of Robert v Woodall [2016], the trustee in bankruptcy sought to set aside a consent order under section 284.

A petition was presented against the husband on 9 March 2009, the consent order was signed on 5 June and approved by the court on 16 July. The husband was made bankrupt on 7 July, therefore the court held that the provisions in the order for periodical payments from the husband to the wife and the children were void under section 284.

The right under section 24D of the MCA to apply for financial relief constitutes consideration and, therefore, once a court has made an order or approved a consent order, the trustee cannot seek to challenge it under section 339 of the Insolvency Act unless there has been collusion or fraud, mistake or misrepresentation.

In the case of Sands v Singh [2016], the husband bought a property in 2006 for £976,000 and married two years later in 2008. The husband then spent £200,000 on building work and, apparently, owed a further £913,719 plus VAT. In January 2009, the husband charged the property to secure a £500,000 loan from his father. In July 2009, the wife instructed divorce lawyers and registered home rights under the Family Law Act 1996.

In April 2010, the husband charged the property in favour of his sister for the sum of £70,000.

A divorce petition was issued on 17 September 2010 with both parties signing a consent order in December 2010. The terms stated that the husband would put the matrimonial home on trust for the children, pay £375 per child per month, be responsible for the mortgage, pay a lump sum of £50,000 and have the rights of occupation. The wife moved into the property and decree absolute was granted in February 2011. £50,000 was received in June 2011 and the husband was adjudged bankrupt in September 2011.

It was held that the trustee in bankruptcy had made out his case was a sham as no evidence had been provided that there had ever been a loan; there was no evidence of collusion or that the husband’s sister was aware of her husband’s financial difficulties.

The negotiations took a long time to conclude as the husband did not agree to the wife’s proposals immediately. The court, therefore, could not conclude that a matrimonial court would not have made the consent order and, as such, that it would be set aside as a transaction at an undervalue.

What happens to the assets?

When a property, or any other type of asset, is owned jointly by a divorcing couple and one of the parties has been declared bankrupt, the property or assets cannot be transferred to the other party as part of the financial settlement arising from the divorce proceedings without the consent of the trustee who is dealing with the bankruptcy.

As long as no bankruptcy petition was filed before the decree absolute, the order will be binding even if the property has not yet been transferred. If the spouse transferring their interest is subsequently adjudged bankrupt, the trustee in bankruptcy is also bound by the order.

In the event that a bankruptcy petition is filed before the decree absolute is pronounced by the court, then the entirety of the bankrupted party’s estate will rest in the trustee in bankruptcy, and the court is unable to make a property adjustment order without the validation of the bankruptcy court.

What about bankruptcy after a divorce settlement?

Subsequent bankruptcy can also cause issues with regard to lump-sum payments that have yet to be paid. While these debts can be sought through bankruptcy, unlike other debts, the spouse is not released if they are not paid when they are discharged from bankruptcy.

Other orders that are made in matrimonial proceedings include pension sharing or attachment orders, which are not affected by bankruptcy, and maintenance but the payer’s ability to pay can be restricted if they are required to pay an element of income to the creditors.

Can the non-bankrupt spouse apply to annul the bankruptcy order?

If the one party made themselves bankrupt on their own petition and it appears that they did so in order to defeat a family finance order, the other party may, in some circumstances, apply to annul the bankruptcy under section 282 of the IA 1986 on any grounds existing at the time the order was made that mean it shouldn’t have been. The court may annul a bankruptcy order whether or not the bankrupt has been discharged from bankruptcy.

However, a court will only be prepared to annul the bankruptcy when it can be shown that the individual was not insolvent on either a cash flow or balance sheet basis at the time of the bankruptcy order. It is immaterial what the motivation was for presenting the petition.

The evidential burden of demonstrating insolvency will shift, if the other party can show that assets exceed liabilities. The individual will then need to prove they were unable to pay the debts as they fell due.

Don’t forget

When it comes to bankruptcy and divorce, it is important to remember the outcome is dependent on when the bankruptcy and divorce have been filed.

There are also numerous other factors that need to be taken into consideration such as property, matrimonial assets and financial provisions, as well as being able to annul the bankruptcy in certain circumstances.

In an ideal world, divorcing parties should reach a financial settlement prior to either party being declared bankrupt. However, separation, divorce and the issues concerning breakdown in relationships are often complex. For this reason, it’s always advisable to consult a specialist family solicitor at the earliest opportunity in order to discuss these matters, take the appropriate advice and necessary action.

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About Layla Babadi

Layla is a Legal Director at Nelsons. She qualified as a solicitor in 2005 and joined the Family Law team in 2015.

Layla specialises in divorce and separation, with a particular emphasis on international divorce law. She also advises on pre and post nuptial agreements and separation agreements.

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