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How Much Does a Divorce Cost in the UK
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How Much Does a Divorce Cost in the UK?

Published on
Dan Woodruff
Certified Financial Planner and Chartered Wealth Manager

This article aims to answer the question: “How much does a divorce cost in the UK?”

To answer this question, we have used insight from divorce solicitor, Lauren Howard, of Holmes and Hills, based in Braintree, Essex.

We also examine divorce costs from a financial perspective – trying to look beyond the initial divorce, and more into the long-term effects on your finances.

Key points

  • What does the average divorce cost?
  • Cost of a divorce lawyer
  • Cost of a financial settlement or arrangements for children
  • Financial Planning after a divorce
  • About Lauren Howard

What does the average divorce cost?

Lauren Howard tells us: “Divorce is a very difficult time and can be very expensive. It is emotionally demanding and is life-changing. The emotional and financial costs can vary dramatically.”

According to the Money Advice Service, in 2018:

  • Approximately 42 in 100 marriages now end in divorce.
  • The average divorce cost in the UK stands at £14,561, in respect of legal fees and lifestyle costs.

The average divorce cost only tells you part of the story. According to Lauren, “When we think of the cost of divorce, we think about legal fees; however, there are also other costs involved. One party will often move out and if the family are supporting two homes instead of one, this can lead to considerable costs. If either party needs to buy a new home, then we need to consider the costs of sale and purchasing a new property.”

Cost of a divorce lawyer

What is the average cost of a divorce lawyer? It seems that the costs vary according to a number of criteria:

  • The location and experience of the lawyer
  • Whether you opt for fixed fees or hourly rates
  • Whether the divorce is contested
  • Whether you are the petitioner or the respondent
  • Complicating factors in your particular case

Lauren says, “The costs vary depending on what lawyer you use and your particular case. What everyone agrees on, however, is that it is the arguing that costs the money. The more you argue, the more expensive your divorce will be.”

Petitioner divorce costs

You are the petitioner if you are the person seeking the divorce.

Again according to the Money Advice Service, typically you will pay £450 to £950 in solicitor’s fees (+VAT), and £550 as court fee to issue the petition. Therefore, the total cost should be between £1,100 and £1,700.

For an uncontested divorce, Holmes & Hills Solicitors charge a set fee of £600, plus VAT, plus court costs. 

Respondent divorce costs

You are the respondent if your spouse is divorcing you.

Typically fees are lower for the respondent, and you will not need to pay the court fee to issue the petition. The range of solicitor’s fees are typically £250 to £600 (+VAT), making a likely fee of £300 to £720.

Reducing costs by doing the divorce yourself

You can save costs in the short term by not using a solicitor. You will still have to pay the court fee of £550 if you are the petitioner. Saving on legal fees may seem attractive, but you should also consider the risks of this approach:

  • Speed
    If you use a solicitor, you are much more likely to get the divorce completed without unnecessary delays.
  • Technical knowledge and wisdom
    Your divorce lawyer will have completed rigorous training and has experience in navigating the often complex legal system.
  • Getting it right first time
    You should avoid unnecessary mistakes that are more likely if you take on your divorce yourself.
  • Avoiding financial pitfalls
    Your divorce is likely to lead to some sort of financial settlement (see below). Your lawyer works for you, and can advise you as to whether any offer from the other side is fair. Without legal advice, you may accidentally enter into an agreement that could later damage your financial interests.

Cost of a financial settlement or arrangements for children

When you divorce, you not only have to pay to cease the marriage, but may also have additional costs related to your separation of assets, as well as arrangements for any children.

This is one area that can make the case more complex, based on your individual circumstances, and whether both parties agree.

Your divorce solicitor can help you to come to an agreement, and then assist you to incorporate that agreement into a legally binding document. According to the Money Advice Service, costs may vary, depending on the circumstances:

Simple agreement

Solicitor fees may be between £500 to £800 (+VAT), plus a court fee of £50. Therefore, the range of costs may be between £650 to £1,000.

Complex assets

If you have more complex assets, you may need more legal work. The total fee could be up to £1,500.

Mediation costs

You may opt for mediation if you are unable to come to a straightforward agreement with your spouse. The cost of this may be around £1,200.

Divorce court fees

If you are unable to agree on how to settle your financial affairs, or arrangements for the

How Much Does a Divorce Cost in the UK divorce process
Image by Speedy McVroom from Pixabay

children, then you may have to go to court to settle matters. This involves a significant increase in costs. The fees you will pay depend on the additional work done by your solicitor, and this is likely to be performed on an hourly rate rather than a fixed fee, mainly because the work is more difficult to quantify.

Total costs for legal work and court fees typically range between £10,000 and £15,000 (but can be greater).

Lauren reminds us of the value of good legal advice in contested cases: “Your solicitor should be able to provide you with a very good idea as to what you can achieve at Court, and hopefully therefore, you can reach a settlement and avoid Court proceedings.”

The implication is that good legal advice will help you to save money by avoiding unnecessary court-related fees.

Legal aid

Legal aid is quite limited for divorces. According to Lauren, “Legal Aid is available if you are on a very low income for mediation. Legal Aid is also available in some other circumstances, if for example there are concerns in respect of domestic violence.”

Financial planning after a divorce

The divorce cost does not end with the actual proceedings, and the legal end of the marriage. You should also think carefully about how the divorce will affect your future financial security. We explore this issue more in our divorce financial planning case study.

Separation of finances

At the basic level, you will undergo a significant change to your financial situation. When you were married, you would have shared lifestyle costs such as bills, and housing. When you divorce, you will need to budget for a completely new situation. Both parties will need to pay for separate housing, and your bills will change.

Preparing a new budget

As a minimum you should prepare a budget to understand how your finances will change once you have divorced. Your finances will become separate before you divorce, but this is not the end of the matter.

You should also consider how any financial settlement may impact your short-term and long-term future. Be careful to consider whether you are giving up long-term stability in exchange for short-term needs.

The family home

It is very common for the family home to form part of any financial settlement when you divorce. This inevitably means that there will be an impact on your finances. You may have to pay for a mortgage on an ongoing basis, or instead may need to fund a new home if the family home is to be sold.

 Maintenance

You may receive maintenance from your former spouse, particularly if you have children; alternatively, you may have to pay maintenance, if your income is greater than your former spouse.

Take account of the agreed schedule of payments: how much is due, and over what period.

You should consider what you will do when the maintenance stops. If you are receiving maintenance, will you be able to live comfortably? If you are paying maintenance, you may need to hold back certain financial decisions until a later date.

Pensions

Pensions are often one of the largest assets in a divorce settlement. Often pensions are greater value for one spouse than the other. In this case, it is common to pass part of the pension assets from one spouse to the other. This needs careful attention from a financial adviser, as important decisions will need to be made. Read more about pension options on divorce.

How financial planning can help with divorce costs

If you are getting divorced, you may benefit from having a clear view on what your future financial situation could look like. You will want to know that your future is secure and that you will have enough.

A divorce can be a financially challenging time and you will have a number of questions relating to things like the value of your pensions and those of your spouse. You will also be interested to know how much money you will need to maintain your existing lifestyle.

About Dan Woodruff

Dan Woodruff is a certified financial planner and chartered wealth manager with over twenty years’ experience as a financial adviser.

Woodruff Financial Planning helps you to navigate and anticipate significant life changes. Our aim is to help you to ensure your money is managed wisely to give you the financial security that will fund the future and lifestyle that is important to you.

Click here to find out how we help people who are getting divorced.

For more information, please visit Dan’s website.

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Can I Get a Divorce in the First Year of my Marriage?

Can I Get a Divorce in the First Year of my Marriage?

Published on
Vanessa Fox
Partner and Head of
Family Law
hlw Keeble Hawson

If you realise that tying the knot was a mistake from which you want to extricate yourself during your first year of marriage, you cannot start divorce proceedings in this timeframe.

This is because the Matrimonial Causes Act 1973 section 3(1) states that “No petition for divorce shall be presented to the court before the expiration of the period of one year from the date of the marriage.”

You can, however, start preparing proceedings before the 12-month deadline by considering on what grounds you will petition for a divorce.

This process involves the petitioner who instigates the legal action and the respondent who receives the petition.

You can also collate your financial information as dealing with the finances is often the most time consuming and costly part of a divorce.

Gathering all your mortgage statements, bank account statements, debts, payslips, business accounts and requesting Cash Equivalent Transfer Value (CETV) for any pensions you have, (these can often take weeks if not months to obtain), can help speed up the process when the time is right to start proceedings.

Under our current laws, a couple cannot divorce before they have been separated for 2 years if the other party agrees or 5 years if there is no agreement, without a ‘fault-based ground’ which has to be adultery or unreasonable behaviour.

Following the high-profile case of Tini Owens who was forced to remain in a loveless marriage, a major reform is underway to introduce ‘no fault divorce’, enabling couples to part without apportioning blame.

In any separation or divorce, it is vital that the couple each take advice from an experienced family lawyer with an acknowledged reputation in their field – and not friends or family, no matter how well-meaning or certain of their facts they seem.

More articles by Vanessa Fox

About Vanessa

Keebles’ partner Vanessa Fox, has been head of the firm’s family law department since 1991.

The Legal 500 Guide praises Vanessa for her ‘broad knowledge of finance and childcare, and for her passion for collaboration; she is efficient, caring and robust’.

Collaboratively trained and a qualified mediator, Vanessa is a former chair of South Yorkshire Resolution and a member of the Law Society’s Family Law Panel and the Children Panel.

She can be contacted on 0114 290 6232 or at vanessa.fox@keebles.com

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Mills v Mills spousal maintenance decision

Kingsley Napley Comment on Mills v Mills Spousal Maintenance Decision

Published on
Stacey Nevin
Stacey Nevin
Associate in the Family & Divorce Law team at Kingsley Napley LLP.

Spousal maintenance is a thorny topic.

Traditionally English law has recognised the concept of maintenance for life on divorce, with the breadwinner (male or female) expected to support the financially weaker party.

Recently however there have been a slew of cases suggesting this principle is falling out of favour and in practice there are often moves by the financially stronger party to achieve a clean break divorce if possible, or to limit the scope of maintenance payments rather than sign-up to open ended awards.

That is why all eyes were on the conclusion of the long running Mills v Mills saga this week which went all the way to the Supreme Court.

The Supreme Court had been asked to consider whether the court was entitled to decline to increase Mrs Mills’ maintenance payments to fund payment of all or some of her rent when her housing needs had been catered for in the original divorce proceedings.

Mr and Mrs Mills separated in 2000 after 13 years of marriage, divorcing in 2002.  At the time of their divorce it was agreed that their now adult son would continue to make his home with Mrs Mills.

The parties reached agreement on the financial claims between them, with Mrs Mills taking a total of £230,000 of the net equity of the family home (approximately 91%) and receiving maintenance payments of £13,200 per year.  The husband kept the parties’ shares in their surveying companies and £23,000 of cash from the sale of the family home.

Mrs Mills’ maintenance award did not include provision for rent, as it was anticipated she would use her capital award to purchase a mortgage free property.

Even though it was accepted by both that she had no ability to raise a mortgage, nevertheless later in 2002 Mrs Mills purchased a house for £345,000, raising the balance on mortgage.

What then followed was a series of property transactions where Mrs Mills “committed herself to borrowings which were too high”.  

These are neatly summarised in the Supreme Court’s judgment, but ultimately the result was that by the time Mr Mills applied to court to stop maintenance payments in 2015, Mrs Mills was living in rental accommodation, had no capital and debts totalling £42,000.

Mrs Mills cross applied, seeking an increase to her maintenance award, as she now had rental costs which had not been factored into the original award.

The decision of the first court saw the order remain at the rate of £13,200 per year with both parties’ applications failing. Both appealed, and in the Court of Appeal, Mrs Mills successfully argued to increase her maintenance to £17,292 per year, which included her shortfall in her rental payments.

Whilst Mr Mills was not permitted to appeal the decision that he should continue paying maintenance, he was given permission to appeal the decision to increase the maintenance award to cover the shortfall.  The Supreme Court allowed his appeal and effectively restored the maintenance to the 2002 amount.

The judgment makes clear that Mrs Mills’ housing needs had been catered for within the original capital award given to her in 2002 and that Mr Mills should not be expected to bear the consequences of his ex-wife’s poor financial decisions over the last 16 years.

Whilst these cases remain fact specific and the Mills v Mills decision does not totally bar future claims being made due to the court’s wide discretion, it does give us a strong indication of the law in this area.

Spouses seeking to increase their maintenance award to meet a need that was already catered for with a capital award face a tough test. Even though it was accepted that Mr Mills could afford to pay at the higher level and that Mrs Mills had a greater need, it was not considered fair that he should meet this greater need.

The question of fairness will play a key role in future cases looking at this point.

What paying parties may find disappointing about this case is that Mr Mills remains obliged to pay his ex-wife maintenance, even at the original level.  Mr Mills has now been paying maintenance for 16 years, three years longer than the parties were married and living together.

The question of how long maintenance should be paid remains unanswered and fact specific.  No doubt, the Mills v Mills case will be an incentive to those wanting to push for further change in the area of spousal maintenance. Many argue that a lifelong maintenance payment obligation is outdated and patriarchal and that the law should support financial independence between divorced couples.

For the moment the message is clear: whilst Mrs Mills is not required to move to full financial independence from her ex-husband, she must now meet her increased housing costs herself and cannot look to her ex-husband to meet her needs generated by the choices she has made; responsibility for these choices rests solely with her.

About Stacey Nevin

Stacey Nevin, an associate in the Family & Divorce Law team at Kingsley Napley LLP. She works on cases involving all aspects of family law including maintenance cases, private children cases and relocation cases.

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How do I avoid my financial settlement being rejected

How do I Avoid my Financial Settlement Being Rejected?

Published on
Peter Jones
Founder of
Jones Myers
Family Solicitors

Splitting up from a partner can be an emotional roller coaster and planning your future finances may be the last thing you feel like doing.

However, it is vitally important for the long-term wellbeing of both you and your ex that a financial settlement is reached that is mutually satisfactory and will stand up to legal scrutiny.

Generally speaking there are three areas to be considered when working out who has what proportion of the joint finances – and for how long.

  • Assets – including savings, investments, property or shares
  • Income – the amount and length of time any post separation payments should be made
  • Pensions – the type of scheme and its value

The first step in ensuring a robust financial settlement is arranging an exchange of all the financial information. Only by doing this will all parties gain an insight into the whole financial landscape.

The next priority is building a detailed picture of the needs of each party, both now and going forwards. This often involves a process of quid pro quo – for example one of you might seek the security of a home while the other may want to be the sole beneficiary of a future pension pay out.

Crucially, the rationale for any trade-off will need to be clearly explained in the court document so that it can be scrutinised by the judge. Care should also be taken to ensure there are no hidden difficulties such as penalties on settlement of a mortgage or tax problems.

The next stage is drawing up a timetable that ensures all transactions such as maintenance payments, property transfers or lump sum payments have an agreed cut off date. This will also be checked by the court, to ensure that it is deemed fair for both parties.

When making its judgements, the court will take into account a range of factors for both parties including financial resources, financial obligations, standard of living, age, health and the contributions made to the marriage.

Creating an agreement that will stand the test of time is a complex task and it always pays to seek advice from a highly experienced family lawyer who can ensure that everything is encapsulated in an agreement which is in a format that is acceptable to the court.  Once the agreement is approved, it will give clarity and certainty to each party enabling them both to look forward into the future with security and optimism.

Click here for more articles by Peter Jones

About Peter Jones

Peter Jones is one of the country’s leading divorce and family lawyers. A qualified arbitrator and mediator, Peter set up Jones Myers as the first niche family law firm in the north of England in 1992 and has acted for a string of high-profile clients.

Renowned for his sympathetic approach, he is a former national chairman of Resolution, a former Deputy District Judge – and instigated the D5 Group of law firms that promotes excellence in family law. www.jonesmyers.co.uk

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Everything a Man Should Be

Everything a Man Should Be – A Poem on Relationships

Published on
Malcolm Whyman
Malcolm Whyman
Poet

I’m everything a man should be.
I’m as constant as the rolling sea.
I’m tall and dark and handsome I’m generous and kind.
You could search the whole world over, no better man you’d find.
Yes I’m everything a man should be.

Your job is looking beautiful domestic chores are mine.
I buy you roses every Friday warm you slippers chill you wine.
I never notice other women when I take you out to dine.
I hang upon your every word and worship at your shrine.
Yes I’m everything a man should be.

Your word is my command I feed you morsels from my plate.
My eyes engage you constantly, my destiny my fate.
I take the weight upon my elbows just like a man should do.
I forgo all selfish pleasure and concentrate on you.
Yes I’m everything a man should be.

I never let you lift a finger I could never do enough.
Then I caught you in the shower with this sweaty bit of rough.
You said some times I like a man who’s elegant and cool.
At other times I like a man who’s masterful and cruel.
But you were everything a man should be.

Some times a woman wants a man who drags her by the hair.
And takes her like a savage on an ice- cold leather chair.
She said my dear it’s over, the papers have been signed.
You must understand a woman has the right to change her mind.
But you were everything a man should be.

Malcolm Whyman  – Malcolmwhy@hotmail.co.uk

More Poems by Malcolm Whyman

ABOUT MALCOLM WHYMAN

From a young age, writing was an attempt to resolve the mysteries of life. Reading other people’s work was an important part of that.

Boredom could a problem, which in my case, was offset by the library and the cinema. Leading one to contemplate that marriage was perhaps the default position in life. And so it was that, as a young man, it was through wedded bliss that I sought my salvation. I was mightily disappointed! Not least because my sexual expectations were far from fulfilled.

Two years and two attempts at a meaningful career later, my marriage was at an end. I found myself driving a crane in a London scrapyard and suffering from a debilitating depression.

Back in Nottingham and among friends, I eventually recovered and ever the optimist embarked on marriage once again, with much the same results as the first time. Only this time I was overwhelmed by a surfit of sex.

All this domestic chaos resulted in the outline of my book, ‘The Onion Peeler’. Throwing caution to the wind, I hitched down to Cornwall and a new career as a craft jeweller. But it also gave me the opportunity to complete the first draft of my Novel.

The end of the tourist season saw me broke and looking for work. An offer of a couple of weeks work at a scenery firm in Nottingham found me back home again and taken on for a couple of seasons by the scenery firm.

A contretemps with the management of the scenery firm saw me back on the cobbles again and contemplating fifteen years of work with nothing to show for it.

I barely owned the clothes I stood up in, little knowing at the time, that things were about to change for the better. Via a short stint in a junk shop, I was about to embark on a career in the antique shipping trade

Money was still tight in the seventies, mortgages were difficult, to get and bank loans even harder. Getting a wedge to start up a business was almost impossible.

Meeting Tony in the junk shop was nothing short of a miracle.

Tony had money, contacts and a car. It was said at the time, that all a buccaneering spirit needed to get into the antique shipping business, was a car, a roof rack and a tank full of petrol.

Tony had all those things and more, he was probably at that time, one of the smartest seventeen year olds in the country. From almost a standing start, within two years we were rich. Big house, fancy cars, continental holidays and expensive dinners, the usual indulgences of those with more money than sense. So It would have continued had Tony not got the creative bug.

Our nemesis was the first commercial pottery in Nottingham. Its capacity to consume money was prodigious and despite a huge injection of cash, from a legacy left to Tony by his father, it was to no avail and we went bankrupt.

We were rescued by a phenomenal rise in the price of gold and silver. So for nearly two years we became bullion dealers and made enough money to set up a shipping business in America.

The nature of our business was such that it allowed me to spend time on music and writing. Until now, in semi-retirement, I can concentrate on those things full time.

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One thing Poem

One Thing – Poem By Malcolm Whyman

Published on
Malcolm Whyman
Malcolm Whyman
Poet

 

I didn’t pop the question and I didn’t buy the ring,
She said “you men are all the same you only want one thing”.
I said “if I denied it I would surely be a liar,
Its true I only want one thing, but what do you desire”.

She said “I want a modest mansion with gardens front and rear,
And a gardener to tend them when the weeds appear.
I want a spacious kitchen with every new device,
And a cook to keep it tidy and make me something nice”.

“I want a shiny limousine with a chauffeur in the front,
And I want a horse called Whisky for when I join the hunt.
And then I want three children two girls and a boy,
And I also want a nanny for when the kids annoy”.

“I want a dress allowance and a Debenhams account,
And I also want a cheque book for writing large amounts.
I want a maid to dress me and pass me my perfume,
And a butler to fuss over me when I walk into a room”.

“I want to go to Paris to choose the best couture,
And a husband with a good career to make me feel secure.
I want him to be faithful buy me flowers by the bunch,
So that I can hold my head up with the other wives who lunch”.

“I want a sailing yacht and a villa in Mustique,
And a visit to my hairdresser at least three times a week,
I want a nice white wedding and a big gold wedding ring,
But you men are all the same you only want one thing”.

By now I was caressing the tenner in my jeans,
As I sneaked off to the pub and left her to her dreams.
As I sat there with my pint my head began to sing,
You men are all the same you only want one thing.

More Poems by Malcolm Whyman

ABOUT MALCOLM WHYMAN

From a young age, writing was an attempt to resolve the mysteries of life. Reading other people’s work was an important part of that.

Boredom could a problem, which in my case, was offset by the library and the cinema. Leading one to contemplate that marriage was perhaps the default position in life. And so it was that, as a young man, it was through wedded bliss that I sought my salvation. I was mightily disappointed! Not least because my sexual expectations were far from fulfilled.

Two years and two attempts at a meaningful career later, my marriage was at an end. I found myself driving a crane in a London scrapyard and suffering from a debilitating depression.

Back in Nottingham and among friends, I eventually recovered and ever the optimist embarked on marriage once again, with much the same results as the first time. Only this time I was overwhelmed by a surfit of sex.

All this domestic chaos resulted in the outline of my book, ‘The Onion Peeler’. Throwing caution to the wind, I hitched down to Cornwall and a new career as a craft jeweller. But it also gave me the opportunity to complete the first draft of my Novel.

The end of the tourist season saw me broke and looking for work. An offer of a couple of weeks work at a scenery firm in Nottingham found me back home again and taken on for a couple of seasons by the scenery firm.

A contretemps with the management of the scenery firm saw me back on the cobbles again and contemplating fifteen years of work with nothing to show for it.

I barely owned the clothes I stood up in, little knowing at the time, that things were about to change for the better. Via a short stint in a junk shop, I was about to embark on a career in the antique shipping trade

Money was still tight in the seventies, mortgages were difficult, to get and bank loans even harder. Getting a wedge to start up a business was almost impossible.

Meeting Tony in the junk shop was nothing short of a miracle.

Tony had money, contacts and a car. It was said at the time, that all a buccaneering spirit needed to get into the antique shipping business, was a car, a roof rack and a tank full of petrol.

Tony had all those things and more, he was probably at that time, one of the smartest seventeen year olds in the country. From almost a standing start, within two years we were rich. Big house, fancy cars, continental holidays and expensive dinners, the usual indulgences of those with more money than sense. So It would have continued had Tony not got the creative bug.

Our nemesis was the first commercial pottery in Nottingham. Its capacity to consume money was prodigious and despite a huge injection of cash, from a legacy left to Tony by his father, it was to no avail and we went bankrupt.

We were rescued by a phenomenal rise in the price of gold and silver. So for nearly two years we became bullion dealers and made enough money to set up a shipping business in America.

The nature of our business was such that it allowed me to spend time on music and writing. Unitil now, in semi-retirement, I can concentrate on those things full time.

You might be interested in

cohabitation agreement FAQs

Cohabitation Agreement FAQs

Published on
Liz Bell
Solicitor at Jones Myers

Cohabiting couple families remain the fasting growing relationship in the UK, but many mistakenly believe that they have the same legal rights as married couples in critical areas such as savings, income, pensions or business interests.

In fact, cohabiting couples are the second largest family type after married or civil partner couples, but the law does not offer them any protection should their relationship turn sour and separation becomes inevitable. 

Below are some of the questions we are asked by cohabitees:

My partner and I are thinking of living together. Is there anything we can do to protect ourselves should we split up?   

A cohabitation or ‘living together’ agreement, to record who owns what at the outset, provides some security to unmarried partners. It encourages people to think clearly about what they want to happen not only while they live together, but also if their relationship ends, setting out who owns what – and in what proportion.

Cohabitation agreements set out how you will divide property (as well as paying off debts), personal belongings, savings, pensions and other assets should you split up – along with how your children will be supported, plus how to deal with bank accounts, debts and joint purchases such as a car. They can also cover more day-to-day matters including pets.

It is important that each party seeks independent legal advice and discloses all financial information in the lead up to signing the agreement, which should be reviewed regularly.

Can a cohabitation agreement be set up while we’re living together?

Yes. It can be drafted either prior to or during your time together. It can also be amended, as long as both parties agree that the original agreement should be changed and how. 

I’ve paid into our mortgage for many years, but the property is in my partner’s name. What happens if we go our separate ways? 

Cohabitation gives no automatic rights to the home you share if the property is solely in your partner’s name.  It doesn’t matter how long you have lived there. However, if you can show that you have contributed to it and there was ‘an intention to share’, you may be able to make a claim. This is a very complex process, though – and legal advice is essential.

Relating to the above, what happens if my partner dies?

If they die either without having made a Will, or having made one, without making reasonable provision for you, as the surviving partner you would have a potential claim as a cohabitee – providing you have lived together for at least 2 years ending with date of death.

Under current law, if you cannot satisfy the 2 year requirement, you may be able to make a claim on part of your deceased partner’s estate as a dependent. It is important to bear in mind that a dependent’s claim ranks lower in priority than the cohabitee’s claim.

If your partner dies without making a will, the law says that a property in their sole name – or their share of it – must go to their next of kin.

First among these are any spouse, and then any children, followed by the next closest group of living relatives. You will not be a surviving spouse for pension purposes as you were not married. You might be able to make a claim against your deceased partner’s estate if they have not made reasonable provision for you, and subject to other conditions imposed by law.

To avoid this potential issue, you and your partner should make wills and/or consider transferring any property into joint names.

About Liz Bell

Representing clients across the UK and overseas, Elizabeth’s expertise spans wide-ranging financial disputes.

Her track record includes complicated high value cases involving company structures, trusts, offshore assets and jurisdiction issues.

Elizabeth Bell

Feature photo credit – photo credit: naiaraback1 via photopin (license)

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Divorce Poem The Bus Pass Romeo

Divorce Poem – The Bus Pass Romeo

Published on
Malcolm Whyman
Malcolm Whyman
Poet

Just about a year ago my Dad turned sixty-five,
And thought he’d go adventuring while he was still alive.
He set upon a mission where he would boldly go,
And ride the city transport as a bus-pass Romeo.

He chose the older ladies as he scoured the lonely hearts,
But realised he’d have to be  a man of many parts.
Each demanded someone different with each letter that they wrote,
Expressing every fantasy to help them float their boat.

Lots of older ladies had flown the golden cage,
And dumped their inhibitions when they reached a certain age.
And so to keep them happy he told a few pork pies,
Which ment he had to court each one in a separate disguise.

One wanted Bob the Builder another Postman Pat,
And one just wanted bearskin in a Guardsman’s furry hat.
On Monday he was toy-boy in t-shirt, wig and jeans,
On Tuesday he was suited up as a businessman of means.

On Wednesday he wore posing pouch the lady wore a thong,
And he knew that it was party night when he felt her studded tongue.
Grace the curates widow while snogging in the pews,
Would lift her skirts and tease him with some very rude tattoos.

Mrs Drew from Bridgford a blue rinsed little gem,
Produced some whips and handcuffs and demanded S and M.
On Thursday he was bit of rough his date was most impressed,
When he turned up wearing fake tattoos in his mucky old string vest.

But all this dirty dancing began to take its toll,
With warden aided Wendy whose pash was rock and roll.
He’d never disappoint her but he felt a proper wuss,
In full Teddy boy regalia riding on a Barton’s bus.

But ladies he must leave you now for the hour is getting late,
You’ll find him in the Lonely Hearts ring up and make a date.
Life is made for living you too could boldly go,
Fulfilling your desires and dreams with the Bus-pass Romeo.

More Poems by Malcolm Whyman

ABOUT MALCOLM WHYMAN

From a young age, writing was an attempt to resolve the mysteries of life. Reading other people’s work was an important part of that.

Boredom could a problem, which in my case, was offset by the library and the cinema. Leading one to contemplate that marriage was perhaps the default position in life. And so it was that, as a young man, it was through wedded bliss that I sought my salvation. I was mightily disappointed! Not least because my sexual expectations were far from fulfilled.

Two years and two attempts at a meaningful career later, my marriage was at an end. I found myself driving a crane in a London scrapyard and suffering from a debilitating depression.

Back in Nottingham and among friends, I eventually recovered and ever the optimist embarked on marriage once again, with much the same results as the first time. Only this time I was overwhelmed by a surfit of sex.

All this domestic chaos resulted in the outline of my book, ‘The Onion Peeler’. Throwing caution to the wind, I hitched down to Cornwall and a new career as a craft jeweller. But it also gave me the opportunity to complete the first draft of my Novel.

The end of the tourist season saw me broke and looking for work. An offer of a couple of weeks work at a scenery firm in Nottingham found me back home again and taken on for a couple of seasons by the scenery firm.

A contretemps with the management of the scenery firm saw me back on the cobbles again and contemplating fifteen years of work with nothing to show for it.

I barely owned the clothes I stood up in, little knowing at the time, that things were about to change for the better. Via a short stint in a junk shop, I was about to embark on a career in the antique shipping trade

Money was still tight in the seventies, mortgages were difficult, to get and bank loans even harder. Getting a wedge to start up a business was almost impossible.

Meeting Tony in the junk shop was nothing short of a miracle.

Tony had money, contacts and a car. It was said at the time, that all a buccaneering spirit needed to get into the antique shipping business, was a car, a roof rack and a tank full of petrol.

Tony had all those things and more, he was probably at that time, one of the smartest seventeen year olds in the country. From almost a standing start, within two years we were rich. Big house, fancy cars, continental holidays and expensive dinners, the usual indulgences of those with more money than sense. So It would have continued had Tony not got the creative bug.

Our nemesis was the first commercial pottery in Nottingham. Its capacity to consume money was prodigious and despite a huge injection of cash, from a legacy left to Tony by his father, it was to no avail and we went bankrupt.

We were rescued by a phenomenal rise in the price of gold and silver. So for nearly two years we became bullion dealers and made enough money to set up a shipping business in America.

The nature of our business was such that it allowed me to spend time on music and writing. Unitil now, in semi-retirement, I can concentrate on those things full time.

Feature Photo credited to http://blog.railwaymedia.co.uk/

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On the Rocks Divorce Poem
/

On the Rocks – Divorce Poem by Malcolm Whyman

Published on
Malcolm Whyman
Malcolm Whyman
Poet

I recall that Monday morning when you said I was a bore,
That you didn’t find me sexy didn’t love me any more,
All day I couldn’t take it in that we were on the rocks,
But when I returned from work that night I found you’d changed the locks.

You wouldn’t let me take my clothes you wouldn’t let me in,
And when I phoned next morning you said they’re in the bin.
You said I’d had a cheque returned for just a small amount,
Then sniggered when you told me you’d cleared our joint account.

I was gutted when the judge declared that you could keep the car,
‘Cos you had to take the kids to school and wouldn’t walk that far.
And then it dawned on me that you were on a winning streak,
When your maintenance was set at three hundred pounds a week.

The judge said you could keep the house ‘till the kids got their degrees,
And I would have to pay for all their education fees.
My life was now in ruins all I could do was sob,
I couldn’t take the pressure so they sacked me from my job.

The kids don’t want to see me now ‘cos you’ve told them I’m the baddy,
And now you’ve moved your lover in they call the bastard Daddy.
They tell me that you’re happy now they say you’re on a roll,
While I’m dossing in a hostel and living on the dole.

A crumpled lotto ticket relieved my dark despair,
And overnight I became a multi-millionaire.
When you heard you came to see me with a low cut sexy dress on,
And told me you were sorry now and said you’d learned your lesson.

It seems your lover left you an affair you now regret,
But it seems he also left you fifty grand in dept.
They say revenge is sweet but a dish best eaten cold,
She’s living in a council flat now the house is sold.

I sent the kids to boarding school to teach the some respect,
Then flew to the Bahamas for a few months to reflect.
Now all you loyal married men with selfish wives and kids,
Don’t expect any sympathy when you’re on the skids.

About Malcolm Whyman

From a young age, writing was an attempt to resolve the mysteries of life. Reading other people’s work was an important part of that.

Boredom could a problem, which in my case, was offset by the library and the cinema. Leading one to contemplate that marriage was perhaps the default position in life. And so it was that, as a young man, it was through wedded bliss that I sought my salvation. I was mightily disappointed! Not least because my sexual expectations were far from fulfilled.

Two years and two attempts at a meaningful career later, my marriage was at an end. I found myself driving a crane in a London scrapyard and suffering from a debilitating depression.

Back in Nottingham and among friends, I eventually recovered and ever the optimist embarked on marriage once again, with much the same results as the first time. Only this time I was overwhelmed by a surfit of sex.

All this domestic chaos resulted in the outline of my book, ‘The Onion Peeler’. Throwing caution to the wind, I hitched down to Cornwall and a new career as a craft jeweller. But it also gave me the opportunity to complete the first draft of my Novel.

The end of the tourist season saw me broke and looking for work. An offer of a couple of weeks work at a scenery firm in Nottingham found me back home again and taken on for a couple of seasons by the scenery firm.

A contretemps with the management of the scenery firm saw me back on the cobbles again and contemplating fifteen years of work with nothing to show for it.

I barely owned the clothes I stood up in, little knowing at the time, that things were about to change for the better. Via a short stint in a junk shop, I was about to embark on a career in the antique shipping trade

Money was still tight in the seventies, mortgages were difficult, to get and bank loans even harder. Getting a wedge to start up a business was almost impossible.

Meeting Tony in the junk shop was nothing short of a miracle.

Tony had money, contacts and a car. It was said at the time, that all a buccaneering spirit needed to get into the antique shipping business, was a car, a roof rack and a tank full of petrol.

Tony had all those things and more, he was probably at that time, one of the smartest seventeen year olds in the country. From almost a standing start, within two years we were rich. Big house, fancy cars, continental holidays and expensive dinners, the usual indulgences of those with more money than sense. So It would have continued had Tony not got the creative bug.

Our nemesis was the first commercial pottery in Nottingham. Its capacity to consume money was prodigious and despite a huge injection of cash, from a legacy left to Tony by his father, it was to no avail and we went bankrupt.

We were rescued by a phenomenal rise in the price of gold and silver. So for nearly two years we became bullion dealers and made enough money to set up a shipping business in America.

The nature of our business was such that it allowed me to spend time on music and writing. Unitil now, in semi-retirement, I can concentrate on those things full time.

Feature Photo by Joshua Earle on Unsplash

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divorce financial planning

Rules of Disengagement – Divorce and Financial Planning

Published on
Nigel Rowland
Principal
Rowland Financial Planning

Divorce or separation can cause significant personal upheaval, but dealing with important practicalities can prevent difficulties becoming worse.

Unfortunately, more than 40% of UK marriages end in divorce.1 While divorce and separation can be emotionally and psychologically damaging, they can also come with huge legal and financial implications.

Amid such upheaval, it is all too easy to overlook such issues, but doing so can make a difficult situation worse, and leave you unnecessarily out of pocket. In some cases, inaction can prolong the process significantly.

By taking a few appropriate and timely steps, those affected can more easily navigate the legal and financial risks ahead, while potentially reducing some of the stresses associated with divorce and separation.

“Firstly and most importantly, seek professional advice,” says Suzanne Lurie of Linder Myers Solicitors. “Professionals can assist and guide you through the process and, whilst it might be an expense, advice at the outset can often help to ensure a smoother process and avoid problems later. Legal advice is essential, but do not disregard advice from your financial adviser or accountant.”

Having sought out the appropriate professional help, there is a number of steps that Lurie believes should be taken – or at least be properly prepared for.

Get your papers in order

One job that might seem mundane but can prove vitally important is to organise your paperwork. Personal documents are often fundamental to working out divorces, and ready access to the appropriate papers can be enormously beneficial as you navigate the process.

“Valuations will be required of all assets, including property, pensions, investments, and share portfolios,” says Lurie.

“If you have these available, it will help with any initial discussions. The same applies to any liabilities you may have, including mortgage, loans and outstanding credit card balances.”

If you have any joint accounts or credit cards, you should let the financial institution know that you are separating. This may lead to the accounts being frozen, and so you may wish to open a new account.

You may also wish to consider how you protect other forms of information. For example, it is worth tallying up who may be able to access your online accounts, and changing your passwords if necessary.

It might also be useful to create a record of relevant events by keeping a diary. “A diary can help you to navigate difficult contact arrangements with the children, should this become a problem later,” says Lurie.

Legal matters

Whilst divorce proceedings will invariably involve legal challenges, it is of course possible that the two separating parties will reach an agreement without legal advice.

If that happens, Lurie stresses the importance of ensuring the agreement is written into a court order – called a ‘consent order’. This will ensure that what you agreed remains legally binding on you both.

Yet even if such an order is agreed, there are other legal questions to consider and review. If you have a Will and a lasting power of attorney (LPA), these will certainly need to be looked at.

“Divorce does not annul a Will,” says Lurie. “Instead, any gift made which benefits your partner takes effect as if that person had died at the date of the decree absolute – the legal document that formally ends a marriage.”

This means that any gifts made to your partner will pass to other beneficiaries or become part of the residue of the estate, potentially against your wishes.

If you have appointed your partner as your executor, then this clause will be cancelled, which could leave you without an executor.

In separations without divorce proceedings, the Will also remains valid – again, this may be against your wishes. Whether divorce affects an LPA will depend on how it is written. You may need to consider whether to change your attorneys, although you can elect your former partner to be your attorney if you wish. If you do not have a Will or LPA, it would be wise to ensure that you do.

If a consent order cannot be agreed, there are still alternative routes to try before heading to court. Lurie maintains that court proceedings are generally treated by professionals as the last resort.

“Separation and divorce does not have to be acrimonious,” says Lurie.

“One route is for you and your partner to meet with a mediator, who is trained to help resolve disputes and help you reach an agreement, but who cannot take sides or give advice.”

Others might consider turning instead to ‘collaborative law’.

Under this approach, each party appoints their own lawyer, and negotiations to seek an agreement are done face-to-face with all parties present. Should this approach fail, then you will need to appoint a new lawyer to represent you in court proceedings.

Childcare

Many couples will also face the challenge of helping children through the process.

“If children are involved, it can be helpful to inform teachers so that they are aware there will be changes at home,” says Lurie. “This has a dual benefit. Teachers will understand better if work is late or behaviour deteriorates, but it will alert you to any issues the children may be having, should they struggle to deal with the separation.

If they are struggling, you may wish to seek advice from teachers or medical professionals on what counselling is available.”

After going through the considerable process of preparing for a divorce or separation, it can sometimes become clear separation is not, in fact, the ultimate answer. In such cases, some couples benefit from the relationship support provided by organisations such as Relate, which can provide significant support.

Will writing and Lasting Powers of Attorney involve the referral to a service which is separate and distinct to those offered by St. James’s Place and are not regulated by the Financial Conduct Authority.

1 Office for National Statistics, November 2015.

About Nigel

I provide a lifestyle financial planning service and wealth management advice to clients both within the City of London, and more widely throughout the South East of England. My office is based in Clapham Village near Worthing in West Sussex.

I have always worked within the financial services industry. My career started with eight years in domestic banking, followed by two years as an area building society manager, then eight years as a life office consultant dealing with professional advisers (financial services, tax and legal) specialising in pensions and investment planning.

As a consequence, I have now established many working relationships with individuals within this sector due, in part; to the insight and understanding that I have for their specific financial requirements – whether these be personal or corporate.

I am committed to ensuring that my industry knowledge remains relevant and current by placing strong emphasis on my personal development towards Chartered Financial Planner status. This, along with the pride and dedication that I place on developing solid personal relationships with my clients, ensures that I am able to offer a rounded, professional and principled service.

Outside of my business, I am married to Vanessa and have two grown up children. I am a keen 5-a-side footballer and have a passion for fast cars. The local community is also important to me and I am the Responsible Financial Officer for Clapham Parish Council.

Call me now to book a time for an initial no-obligation meeting, on 07770 770627 / 01903 871699 or email me on nigel.rowland@sjpp.co.uk

The Partner Practice represents only St. James’s Place Wealth Management plc (which is authorised and regulated by the Financial Conduct Authority) for the purpose of advising solely on the group’s wealth management products and services, more details of which are set out on the group’s website at www.sjp.co.uk/products. The ‘St. James’s Place Partnership’ and the title ‘Partner Practice’ are marketing terms used to describe St. James’s Place representatives.

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Managing your Finances after Divorce

Managing your Finances after Divorce

Published on
Claire Trundley
Partner HCB Solicitors

There is no doubt that experiencing a divorce can turn your life upside down, both emotionally and financially. For many, it is a devastating and traumatic event that can be messy, protracted and expensive.

Managing your finances after a divorce can, therefore, be an overwhelming and daunting task, leaving you uncertain and anxious about your future, especially if your household income has taken a huge hit.

For some, however, this change in circumstances can be liberating, presenting the perfect opportunity to take back control and achieve financial independence.

Here are 6 top tips to help you get your post-divorce finances back on track.

Prepare a Budget & Plan of Action

Having a budget and financial plan of action in place is key to managing your finances after you divorce.

  • Keep good records of your income and expenses
  • Check the benefits you may be entitled to now that you have separated, such as reduced council tax, adjustments to tax credits or child benefit.
  • Collect statements of all your outgoing expenses such as rent/mortgage, utilities etc.
  • Aim to identify and eliminate any unnecessary expenditure.
  • Identify where any savings and investments can be made.
  • Think about financial planning with your future in mind and the ways in which you will fund your retirement.
  • Think carefully about the long-term affordability of staying in the matrimonial home and the financial consequences of taking on a whole mortgage by yourself, especially if it is going to over stretch you financially.
  • Consider the benefits of downsizing to a smaller property with smaller mortgage and running costs.
  • Consider opting for a share of your partner’s pension rather than focusing entirely on the property you share.

Review Bank Accounts

It is a good idea to cut all financial ties with your ex as soon as possible.

  • Contact your bank to protect any joint bank accounts that you share with your ex. You will want to prevent your ex from emptying or closing accounts or running up any overdraft facility that you will be liable for. You might want to consider closing joint accounts or putting a freeze on them until you and your ex can agree on how to manage things, going forward. Get in touch with your bank and they will be able to advise you on the best course of action to take.
  • Secure your online banking by changing passwords and PIN codes that your ex might know or can easily guess.
  • Close any joint savings accounts and split the assets
  • Open a separate bank account in your name only, so payments can be made directly to you.

Deal with Debts

Making an effort to pay off debts is a sensible way to secure your personal finance going forward.

  • Cancel any joint bank credit cards. Try to reach an agreement with your ex on any outstanding balances and have agreed amounts transferred to new cards in your separate names.
  • Deal with outstanding debts that are in your name. You will be responsible for all debts in your name, even joint debts.
  • Let your lenders know that you have separated or divorced.
  • Communicate with your lenders to let them know if you are experiencing any problems with loan repayments so they can help you with a plan going forward.
  • Seek specialist financial counselling to help you put a plan in place to deal with any debt issues.

Save More

Investing in a savings account is a good way of creating finance to fall back on should unexpected expenses arise further down the line.

  • Allocate a regular portion of your income to your savings which will help you to avoid falling into debt and help protect your financial future.

Sort Mortgage, Rent & Utilities

Taking charge of your mortgage, rent and utilities will help protect the roof over your head.

  • Inform your lender that you and your partner have separated and work out a plan to ensure that mortgage repayments are covered.
  • If you are renting, let your agent or landlord know of your separation and have the lease put in your name only. Again, work out a plan to ensure that rent payments are covered. If you intend to move out of a rented property, let your agent or landlord know and have yourself removed from the lease.  You may also want to remove your name from the utilities for the property.
  • If you are staying in your property, ensure that all utility bills are in your sole name. If you are moving, ensure your name is removed from the utility bills for that property.

Make or Update Your Will

  • If you haven’t made a Will, now would be a good time to visit a solicitor and make one so that your exact wishes are known and adhered to. This is especially important if you have children that you are responsible for. Doing this will give you the opportunity to decide how you want your assets divided and who will be appointed guardians of your children.  If you have already made a Will, you may want to update it or make a new one that matches your new circumstances.
  • If you have a Power of Attorney in place you may want to review it and ensure that it is updated now that you have divorced.

About Claire 

Claire graduated in 1990 and joined HCB’s Bedford office in 1993; she was made a Partner in 1997.

She has always worked in family law dealing with children (private law), divorce, injunctions, financial matters and separation. She is an accredited specialist of Resolution (formerly known as SFLA) and a trained Collaborative lawyer.

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Divorce Memories and Dreams
//

Where Life after Divorce Memories and Dreams Continue to be Made

Published on
Linda Simpson
Linda Simpson
Writer and Speaker

On Golden Pond clinched it.

We watched it, cried through the credits and saw ourselves years in the future. He, the crotchety Henry Fonda, and me, the delightfully aged Katharine Hepburn — opening the cottage each spring.

We’d remark on all the changes from the past year, ourselves included. Then we’d wait for our children and grandchildren to descend for their summer holiday.

It’s that time of year again. Cottage opening. Prompted by that movie 32 years ago, we scraped together some cash and bought the waterfront property of our dreams.

Travelling down the dusty back roads of our town we found the perfect piece of land. A huge stand of birch trees and a view straight across the lake. Sitting at the shore one sunny morning, watching two loons swim by, we knew this was ours.

Both of us had grown up with old fashioned cottages. Those simple cabins by the shore. Simplicity was the key to our type of cottage experience.

The first year we camped. There was no money left to build anything after buying the land. So, we built a tent platform and pitched a tent. That lasted all of one summer. It turned out, we were not happy campers.

The next year a small cabin sprang up in the middle of the birch grove. It was as simple as it gets. Reclaimed windows, second hand furniture, plywood counter top, ancient stove and cold water. But, we were out of the weather when it rained and more than an arm’s length from each other inside.

For our sons, the days blended into what I call those white nights of summer. Endless games of Marco Polo echoed from the raft. At dusk, they ran wild in the forest with a gaggle of cottage country kids, playing Capture the Flag. A game whose rules still elude me. After roasting marshmallows at the bonfire by the shore, they would drop into bed exhausted.

We added a front porch and the place remained like that for several years. Every night we watched the stars and dreamed of adding on a bedroom wing and a proper bathroom somewhere off in the future. Old fashioned cottages have two things in abundance. Memories and dreams. Nothing is ever completely “finished” and that is part of the fun. The memories and dreams.

Finally we took the plunge, mortgaged it and added on what we saw as luxury. Proper bedrooms and a bathroom.

This is where the idyllic story starts to get derailed.

My spouse began to dislike everything about the cottage, seething at the inevitable projects. Gone were the times where we had once, laughingly, faced the challenges together. Now he turned on me and the cottage. It was all a burden to him. He’d outgrown the summer place, just as he did his family. I was isolated and confused by his indifference.

After some very traumatic scenes, he walked out 20 years ago. I took over the parenting, the mortgage and finishing the cottage.

I learned to tape drywall and do a fairly decent job of it. Repair jobs I couldn’t do myself were farmed out to available handymen.

Like everything else in my newly single life, I began to really enjoy the autonomy of making my own decisions. I found out I could design the finishing touches and organize contractors. I worried constantly about the financial pressures of keeping the cottage. I persevered for my sons and relied on my spirited determination. The cottage became an integral part of the post-divorce family.

Slowly the place began to look more complete.

It is still an old fashioned cottage with a hominess that invites relaxation. There are big comfy couches and we have kitschy memorabilia tacked up on the walls. No granite counter tops. The hallway is a picture gallery of our family fun over the years.

It is now a special place for my grandchildren.

They bound out of the car, just like their fathers did so many years before. The someday that never was to be together with my former spouse is here. It is “Grandma’s Cottage.” And a new generation is running wild in the woods, splashing in the water, paddling in the inflatable boat, and having mud fights at the shore.

The place is still not finished. There’s some drywall that needs taping and painting. The outside should be re-stained but it is “the cottage.” Full of memories and dreams.

Dear Diary on a summer morning:
6 a.m.: steaming cup of coffee, snuggled up in bed with my grandchildren, watching the loons in the bay.

About Linda

A committed writer and speaker with stories to share based on many life lessons.

I found a voice and style that matches my spirit. The hope is that these articles inspire reflection and conversation.

After a rewarding teaching career that spanned 40+ years, writing became my next step. Many years spent as a guidance education trainer gave me a unique perspective on the lives of children.

Divorce twenty years ago provided first- hand knowledge of that life altering experience. As a very single parent, I am devoted to my wonderful family.

Every day I knock on the sky and believe impossible things before breakfast. It is all shared with the reader.

 

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