coping with divorce finances - Page 3

How are businesses dealt with during divorce.
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How are Businesses Dealt with During Divorce?

Jane Tenquist
Jane Tenquist
Partner and Head of the Family Law Team
Myerson Solicitors

In the context of marriage, a business’s worth and its revenue are regarded as a potential asset.

However, this does not imply that the court will mandate the sale of the business. The court acknowledges that the business generates income and losing it could have disastrous consequences.

During family court proceedings, a forensic accountant, appointed jointly by the solicitors representing each spouse, usually assesses the business’s value.

The accountant provides guidance on various matters, including the business’s after-tax value, whether there is any cash available that can be extracted, and the associated tax implications.

Additionally, the accountant determines what the business earner can reasonably earn from the business now and in the future.

Typically, the court evaluates the value of a shareholding in the business based on its actual market value. It seeks a valuation that a willing buyer would pay to a willing seller for that particular shareholding.

When to value a business?

The valuation of businesses arises when either or both spouses hold an interest in the business.

Such businesses can be valuable as a source of income, but they may also be valuable capital assets in their own regard.

How to value a business on Divorce? 

Forensic accountants use many methods:

The Capitalised Future Maintainable Earnings Method 

The capitalised future maintainable earnings approach is employed when assessing majority shareholdings.

The approach aims to determine the amount of earnings, in the form of turnover and EBITDA (earnings before interest, tax, depreciation, and amortisation), that a company can sustain over the foreseeable future.

The resulting figure is then multiplied by a factor, known as the price/earnings ratio, which represents the number of future years’ earnings a potential purchaser might consider acquiring.

To establish the price/earnings ratio, earnings from similar businesses with a known market value are compared with an investor’s required return, and a multiple of the representative earnings is applied.

Adjustments are made afterward to account for any unusual transactions in a fluctuating market.

Net Assets Method 

Net assets approach determines a company’s worth by considering the realisable values of its net assets minus its liabilities.

Modifications are made to account for goodwill and potential unrecorded liabilities, such as deferred tax on property sales or break fees on loan facilities.

This technique is typically utilised when evaluating firms that possess property portfolios.

Dividend Yield Method

Valuation of minority shareholdings commonly involves the dividend yield method, but it is seldom used for private companies.

The approach is founded on the amount of profit the company generates for its proprietors.

How is a business split in a divorce?

The court has considerable flexibility in handling a business during a divorce and can issue any of the following directives:

  • Transfer of shares
  • Repurchase of shares by the company
  • Payment of a lump sum to the non-business-owning spouse from the business’s available funds
  • Allocation of other liquid funds from the marriage to the non-business-owning spouse
  • Sale of the business
  • A decree for spousal periodic payments

Is any discount to the value of a business made on Divorce?

The worth of a business can fluctuate significantly, depending on market fluctuations and economic conditions.

The family court acknowledges that the value of a business cannot be easily quantified like more secure assets, such as the net proceeds from the sale of a house.

However, the court may not necessarily apply a discount as the risk factor of the business would have already been factored in during the valuation conducted by the single joint expert forensic accountant.

In some cases, a discount may be applied to the businesses valuation if one spouse receives a greater cash share. Generally, the court strives to balance the riskier assets against the more secure assets to ensure that each spouse bears a proportionate risk.

About Jane Tenquist

Jane Tenquist is a Partner and Head of the Family Law Team at Myerson Solicitors.  She set up the Family department at Myerson in September 2012.

Jane’s work focus is in matrimonial finance, particularly involving complex issues relating to trusts and offshore assets.  Jane has enjoyed success in tracing hidden assets and obtaining freezing orders to prevent assets being diverted during matrimonial proceedings.

10 Steps to Divorce Financial Settlement
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10 Steps to Divorce Financial Settlement

Peter Marples
Peter Marples
Director
Fair Result

Agreeing a financial settlement is a huge milestone during the negotiation process of a divorce. It is advised that separating couples obtain a financial order that sets out this settlement, as whilst this is not mandatory, it will make this agreement legally binding.

Some lucky couples can decide on how to divide up their assets, agreeing their financial settlement without the need of going to court. However, to ensure both parties are protected, and the agreement is legally binding, a solicitor can draft a ‘consent order’ that both parties must sign.

This is then sent to the court with a completed Form A (notice of your intention to proceed with an application for a financial order), a Form D81 (statement about the parties’ financial situation to support your application for a consent order), and a £53 fee (administration fee).

However, a lot of couples fail to agree on a divorce financial settlement, which means that the court will have to decide for them.

In most cases, the process will follow the ten steps highlighted below, however, an agreement can be made at any point during this process. If that is the case, then this is agreed and signed in a legally binding court order to confirm all the details.

Providing notice of application – Form A

To kick start the financial settlement process, you will need to send a completed Form A (notice of your intention to proceed with an application for a financial order) to the courts.

This document will outline the kind of financial order you are looking for, at what stage you are at with the divorce or dissolution of a civil partnership proceeding, contact details of the separating couple or legal representatives, and information about the Mediation Information and Assessment Meeting (MIAM).

First Directions Appointment date

Once you have provided your application, the court will then set a date for the First Directions Appointment (FDA). This is the first hearing in relation to your financial dispute arising from your divorce.

This is an opportunity for the judge to consider what information each party needs to provide to create the divorce financial settlement. Both parties are encouraged to reach an agreement if possible. If this cannot be agreed, a second hearing with the FDA will be arranged to allow for further negotiation.

Financial statement – Form E

Form E (Financial Statement) is an important document in the UK divorce process since it acts as the starting point for the financial settlement negotiations.

Both parties send the court a Form E at least five weeks before the FDA hearing. You must also send a copy to each other.

The purpose of this document is to ensure both parties disclose their financial circumstances, including income, assets, liabilities, and projected financial needs.

FDA documents

These documents are filed by both parties two weeks before the FDA:

  • A concise statement of issues.
  • A chronology of events.
  • A questionnaire which is supposed to address the statement of issues.
  • A Form G, whereby you tell the court whether the FDA meeting can be used for a Financial Dispute Resolution (FDR) appointment. Typically, the FDR meeting takes place after the FDA meeting.

Costs – Form H

At this stage, each party will send the court a completed Form H just before the FDA meeting, listing any costs they have incurred.

This document sets out all the costs of the financial remedy proceedings, including costs from before and after the application was issued.

FDA meeting at court

The judge will consider both you and your partner’s financial disclosures and establish whether further information is required from either of you.

Many judges are keen to see whether a resolution meeting (skip to the final hearing section) can take place at this stage. If not, a date is set for the FDR meeting.

File proposals

Both parties will answer questionnaires, prepare evidence, and submit proposals to the court for the divorce financial settlement.

Both sides also submit a second Form H, which lists updated costs.

FDR hearing

During this hearing, the judge will focus on encouraging both parties to agree on a financial settlement, through judge-led negotiations.

Most divorcing couples settle at this stage (or soon afterwards). If not, the judge will arrange a final hearing, where both parties will need to make new offers and provide evidence.

Further proposals

The negotiations continue between both parties, including revised proposals for the divorce financial settlement which are sent to the court and to the other party.

Final hearing

This is usually the third and final court hearing within the financial remedy process.

In the absence of any agreement and following the submission of updated costs on a Form H1, a new judge will decide on your financial position and impose a settlement on your behalf.

Summary

One of the most important parts of getting a divorce is reaching a financial settlement. Many couples can agree this without the need of going to court however, but a lot of separating partners find difficulty in achieving this.

Perhaps one person is not providing their financial information, or they are not making sensible proposals, in that case, court is advisable.

By following these simple steps and receiving professional advice, you will be on your way to a Fair Result and a happy, brighter future.

Do you require specialist expertise in securing financial settlement? Get in touch with our team today.

Read more articles by Fair Result.

About Peter Marples

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

  • Email
  • Give the team a call – 07500933818 or 0333 577 7009
  • Complete an enquiry form
The New Pension Rules and Divorce - Don't Leap too Soon
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The New Pension Rules and Divorce – Don’t Leap too Soon

Peter Marples
Peter Marples
Director
Fair Result

The recent announcement by the Chancellor to release the pension cap and the annual contribution limit was seen by many as a tax break for the rich.

However, the major beneficiaries of this change was those people in the Public Sector with Senior Roles such as Headteachers, Consultants, GP’s and Civil Servants, most of which are on either final salary or average salary pension schemes.

Why? Because many had already reached the maximum pension allowance and their marginal rate of income tax was becoming such a disadvantage that many had decided to retire.

So it is a good thing that you can add more to your pension fund and benefit from this in retirement – for many yes, but for those contemplating divorce or more particularly those that will be in receipt of a pension sharing order, the benefits are not so obvious.

With over 1/3 of the working population in the public sector, with the prevalence of final or average salary pension funds being prominent in the Public Sector it is not surprising in divorce that the pension is often the major element of the financial settlement.

The number of times we have seen, more often than not the wife in receipt of a large pension sharing order running to many hundreds of thousands of pounds is more common than you think. BUT, very few lawyers or even fewer pension advisors actually tell you that the devil really is in the detail of the pension funding rules themselves. We pride ourselves in giving fair advice to our clients and increasingly that advice is not to take a pension sharing order or at least to consider fully the implications of doing so. So let us pose a few questions, the answers for which might surprise you:

The value of my pension sharing order goes into my estate if I die early?

Nope – if you die, the vast majority of your pension sharing order is returned to the Chancellor of the Exchequer and your estate receives little or no benefit.

My pension is liquid and I can move it?

Nope – scheme rules are clear and different for each scheme. You cannot move funds in most schemes and they are certainly are not liquid. Contrast that with you taking a larger percentage of the family home in the divorce settlement and not a large pension sharing order. Your property is liquid, carries little risk and is yours to do what you want with

If I die before I can draw my pension then my will provides for the money to be distributed?

Nope – if you die before you can draw from the scheme, you get nothing. Just think if at 40 you took a £200,000 pension share and died at 55 – your divorce settlement in this case was not worth a great deal.

So I can draw my pension at 60 ?

Nope – all schemes have different rules. For example, the Fire Service pensions have three schemes and the earliest draw down for the annual pension in one of these schemes is 67 ! – yes 67.

Summary

So in summary, the new requirements allow more money to go into the pension which gives a larger part of any divorce pot being attributable to the pension itself. On face value, good news but unless you can get at it, then it is worth very little.

Each case is very different and needs to be considered, so but don’t just think a big pension sharing order means a great settlement. We would trade a pension for cash in a property NOW every day of the week because you just don’t know what might happen and with a property, you can leave it to your kids or even the RSPCA.

Read more articles by Fair Result.

About Peter Marples

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

  • Email
  • Give the team a call – 07500933818 or 0333 577 7009
  • Complete an enquiry form
How Long Does It Take to Get Divorced and Where Do I Start?
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How Long Does It Take to Get Divorced and Where Do I Start?

Chris Sweetman
Chris Sweetman
Director
Fair Results

When considering divorce the first question people often ask themselves is “how long will it take and where do I start?”

Whilst this will most likely be one of the most stressful periods of your life, with very sensible and practical considerations, you can begin a new, and much happier chapter in your life.

In today’s article, Chris Sweetman will be answering those questions and helping you understand how to initiate divorce proceedings.

No-Fault Divorce and the impact on the divorce process

Since April 2022, the whole idea of blame has been removed from divorce. Unreasonable behaviour, length of separation and adultery are all things in the past of acrimonious divorces.

Now, the process has been made much simpler so the separating parties can focus on the most important part of the divorce, including sorting out the finances and ensuring any children are still the number one focus between separating parents.

So now blame has gone, the new process allows for both parties to agree that the marriage has broken down and apply jointly for the divorce – you can still make a solo application if you want, but the new process allows for both.

Whether you apply jointly or individually, the time scales for the divorce process is the same – which takes a minimum of 26 weeks from the date of application to the final order being granted by the court service and your marriage being formally dissolved.

What is the process for divorce?

The process starts with an application, now done online, to the HMCTS Court Service portal. The court receives the application and then issues a notice to the parties for them to acknowledge the divorce process has been commenced.

Once the court is satisfied and both parties are aware the divorce has been applied for, the case must go into a 20-week holding period before a conditional order can be applied for. The thinking behind this is to give the couple one last chance to have a period to reflect on whether they do want to finally end the marriage. In all my years of being involved with the law, I have never come across a couple who in this holding period (in the new regime or previously between Nisi and Absolute) who decide they have fallen back in love again and decide to pull out of the divorce process – but the option is there at this stage.

This 20-week period should be used to effectively sort out financial arrangements and plans for the children. In simple cases, this timetable can often be kept to, but where family finances are a little more complicated and need further investigation, the timetable may slip until all matters are fully resolved.

From experience, the newly drafted divorce process should have been firmer when changing the law last year and say this 20-week period is fixed and all divorces must be concluded within the timetable. My thinking for this is that the flexibility on this period still allows lawyers to drag their feet which only has the impact of driving up costs for clients.

My preference would have been for family finances to have been resolved and then the divorce applied for. Focus the lawyers on resolving the finances quickly and efficiently and then proceed with the divorce.

Once the 20-week period has elapsed, the parties can apply for the conditional, order of divorce which is the beginning of the end road to divorce. The conditional order is granted by the court service and then another 6-week holding period is entered into before the Final order can be applied for dissolving the marriage.

Once the Final order is issued by the court and again this can be applied for online, the marriage is over, and parties are free to get on with the rest of their lives however they wish to.

Final thoughts

So now you know the process of a divorce and the steps you need to take.

You can certainly apply for a divorce yourself – it’s a relatively straightforward process online. But what you need to do, is take some expert advice about the implications of divorce on your children and the division of your marital finances. The divorce process is simple, sorting out life’s complications’ can be more difficult.

Ensure all issues surrounding the division of finances are sorted before the Final Order for divorce is granted, as once this is granted resolving the distribution of marital assets can be more complicated.

Do not forget to talk to an independent lawyer who can provide you with expert advice on all your rights, as they can provide you with guidance on the way the law looks to distribute financial assets and how the court would look to deal with disputed plans for the children.

Most importantly, work with your ex-partner to resolve all matters as amicably as possible – as it will save both parties time, money, and heartache.

Work with your ex-partners lawyers if they have them in a collaborative way to avoid stress and conflict. And be realistic about what you want to achieve in the whole divorce process.

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 Solicitor calls for Financial Settlements

Lancashire Divorce Solicitor calls for Financial Settlements for all Divorces

Jacquie Birkett
Head of Family Law
Barber & Co Solicitors

Jacquie Birkett, a divorce solicitor and former chartered accountant, who is head of Family Law at Lancashire based law firm, Barber & Co Solicitors, has spoken out in an interview about why getting a financial settlement at the same time as divorce is so important.

Couples who opt for a divorce without coming to a financial agreement may come to regret it in the future. Even long after a divorce, an ex-spouse may make a claim in relation to financial issues arising from the breakdown of their marriage.

What part does a financial settlement play in a divorce?

It is absolutely vital for the parties to negotiate and arrive at a financial settlement on the breakdown of their marriage. Such a settlement means that both parties can move on into the future certain of their financial position and the options they now have. Any settlement reached should be set down in a final order made by the Court within the divorce proceedings.

Why is arranging a financial settlement so important?

Arranging a financial settlement provides certainty for both parties. This can help them make important decisions as they move forward into a new life and ensure that they do not need to worry about, for example, providing stability and security for their children.

What problems can arise if you do not arrange a financial settlement?

If an agreement is not reached as to how financial issues are to be dealt with on the breakdown of a marriage then this can make it extremely difficult for both parties to move on.

In principle either party can make a claim against the other in relation to those financial issues at any time in the future unless the party who wishes to make the claim has since remarried.

If a claim is made then the assets of each party will be valued at that time and not at their value when the marriage broke down thus including lottery wins, inheritances, the fruits of business success and the increase in value of property in the intervening period.

Does not having a financial settlement affect how the marital home is divided up?

If there is no financial settlement, then it is likely that one of the parties remains in the former matrimonial home often with the children of the family.

In these circumstances it is very unlikely that the spouse who has left the home will have any lump sum with which to pay a deposit on a new property for themselves. This may cause problems when the children come to stay or may prevent them staying at all if it has not been possible to source suitable alternative accommodation.

For the spouse who remains in the property there may also be problems in the future. If they stay there until the children reach 18 then the equity in the property will usually be split equally at this time.

If the property has increased in value and the spouse who has remained cannot afford to buy the other out then the property will need to be sold. If a financial settlement was reached at the time of the divorce it may have been possible to argue that equality should be departed from and for the property to have been transferred into that spouse’s sole name.

What consideration is given to spousal maintenance in a financial settlement?

This is a complex area and very much depends on the particular circumstances of each individual case. Recent decided cases have concentrated much more on the needs of the spouse who is to be paid spousal maintenance and the need to set that spouse on the road to independence rather than earlier cases when much more generous decisions were made. It is vital to get expert legal advice in this area to ensure a fair outcome.

If I own a business, is my spouse legally entitled to half of it or any future earnings?

This is another complex area and very much depends on the type of business you own and how you own it. The Court is unlikely to deprive a spouse of his or her means of earning a living. It will not kill the “golden goose” but nonetheless the business will be considered along with all the other relevant circumstances of an individual case.

Are financial assets always split 50/50?

No. The starting point is that matrimonial assets should be split on a 50/50 basis however this may be departed from after considering the children’s needs, the length of the marriage, the ages, health and income earning capacity of the parties, the standard of living enjoyed during the marriage, needs and any other relevant circumstances. As always everything depends on the facts of the individual case and there is no set formula which can be applied.

What happens if I re-marry and do not have a financial settlement from my previous marriage?

Re-marriage will have an effect on your needs and obligations as well as your resources and this will be taken into account when reaching any financial settlement.

You should also note that in certain circumstances it is not possible to make a financial claim once you have re-married so it is important to take legal advice before you do.

About Jacquie

Jacquie is the Head of Family Law at Barber & Co Solicitors.  

She manages the firm’s new office in Ramsbottom which provides a specialist family law service along with services in wills and probate, conveyancing and company related matters.

Jacquie has 14 years experience of practicing family law and deal with all aspects including:-

  • Divorce
  • Dissolution of Civil Partnerships
  • Financial issues arising from relationship breakdown
  • Pre-Nuptial and Post-Nuptial Agreements
  • Deeds of Separation
  • Cohabitation Issues
  • Children Issues
  • Grandparents’ Rights
  • Schedule 1 Children Act Applications
  • Private Adoption
  • Fertility and Parenting Law

Barber & Co Solicitors, has four offices across the North-West of England in Preston, Darwen, Ramsbottom and Clitheroe

Ten Top Tips for Reducing the Financial Pain of Separation and Divorce

Ten Top Tips for Reducing the Financial Pain of Separation and Divorce

financial plan
Mary Waring
Independent Financial Advisor

Everyone wonders what life would be like without enough money.

For people facing up to the reality of divorce or the dissolution of a civil partnership, understanding how the finances will work when they are on their own can feel like one of the biggest worries of all.

Basic maths tells you that running two homes and paying two sets of bills is going to cost more than a single household, and the reality is that many people do find their finances constrained after divorce. That is why it is essential to create a clear financial plan if you are heading towards a separation.

While it is not actually true that divorces peak over Christmas, people do start taking stock over their lives over the festive period.

Research from family law solicitor network Resolution has found that the number of people making online enquiries about family law and separation does spike upwards in January.

Research and planning are crucial if you want to make your divorce as painless as it can possibly be.

Here’s our 10-point checklist for reducing the financial pain of separation.

Don’t rely on your friends for financial and legal help – speak to a professional.

Friends will always tell you what you want to hear, which may not be the truth. Divorce is an incredibly stressful process, but speaking to an expert can lay to rest misconceptions that may have been keeping you up at night, and even stopping you from heading for the door.

For example, it is common to meet women who have spent 20 years looking after the children who do not appreciate that this means they are treated as contributing to the household wealth at an equal rate to the principle breadwinner.

It’s not all about the house – don’t forget about the pension.

The person who will end up doing most of the caring for children, which is usually but not always the wife, often wants one thing above all else – to stay in the family home after divorce.

It can be tempting for the woman to want to keep the house and for the man to want to keep the pension. The roles can be reversed, but the reality is that it is usually this way round. Women should avoid this kind of deal as they will find they have nothing to live on later in retirement.

We are all used to the idea that our home is our biggest asset, but pension benefits can be worth even more.

If one of the parties in a divorce has a final salary pension worth £20,000 a year from retirement, that has an actual cash value of around £600,000, potentially worth more than the family home.

So it is important to factor in the full value of any pension assets into a financial settlement. In England, Wales or Northern Ireland the total value of all pensions built up will fall within the settlement calculation, whereas in Scotland it is only the value of your pension built up while you are married or in your civil partnership.

There are a number of ways pension assets can be recognised in the settlement – through a pension sharing order, where the other party receives a share of the pension, through offsetting the value of the pension against other assets, such as other investments or the value of the house, or through deferred pension sharing, where payments are made from a scheme at a later date when you or your former partner have started receiving the pension payments.

Downsizing – you don’t have to do it just yet, but it may make sense in future.

Many people – particularly women looking after children – find they cannot face the idea of leaving the marital home while the divorce process is ongoing. This desire for a safe and familiar environment at a time of extreme stress is entirely understandable.

But over the longer term this may not be possible. The cost of running a big family home may be too high to fund out of your post-divorce income, and releasing equity by moving somewhere smaller can make a big difference to your overall finances.

You don’t have to cut the cord connecting you to your family home right at the time of the divorce, but you should consider building into your long-term financial plan that you will move six months after the divorce has taken place.

Avoid court proceedings if at all possible.

Unless your ex is completely unreasonable, stubborn and set on having their day in court, do everything you can to avoid aggressive legal proceedings. Taking divorce proceedings to court is a bad idea emotionally, financially and can adversely impact your long-term relationship with your children.

However much you dislike your former partner, it is in your interests to separate on the best terms possible – remember that you will want to be able to feel comfortable going to your child’s graduation ceremony or 21st birthday party years down the line.

What’s more, court documents are public documents, which is why celebrities tend to opt for non-adversarial dispute resolution processes to protect their privacy.

Don’t go rifling through his or her possessions looking for evidence.

Evidence that has been obtained by covert means will not be admissible in the proceedings, so if you find your ex’s key to their secret drawer, there is no point sneaking in and photocopying all of his or her documents.

But it is worth starting asking more questions about financial matters, pensions and other assets if you are getting close to the point where your relationship is about to end.

It is quite common for one party to deal with financial matters, leaving the other party in the dark about what assets and liabilities the household shares. Start finding out what your household outgoings actually are – once you are on your own you will be responsible for all of these.

But do take action if your ex is hiding assets.

If you are worried that your ex is starting to siphon off funds to hide it from the settlement process you can make an emergency application for an emergency injunction to freeze his or her assets.

You need to have started court proceedings to do this, but if you find yourself in this situation it is fair to say it is unlikely that collaboration, mediation or arbitration is going to work for you.

Maximise state tax credits.

The idea of ‘going on benefits’ may not appeal to you, but tax credits are different and lots of people receive them these days.

Child Tax Credit and Working Tax Credit are both designed to assist families with children who are struggling to make ends meet. Neither Child Tax Credit nor Working Tax Credit impact your ability to receive Child Benefit.

The system is complex, but if you have one child and a household income of up to £26,200 then you would be entitled to Child Tax Credit.

With two children you are likely to benefit if you have a household income of up to £32,900. Working Tax Credit is for families on low incomes, and is based on the number of hours worked.

Make sure you don’t pay too much Council Tax

Council Tax is made up of two components – 50 per cent is a property tax and the other half is a personal tax, based on two people living in the property. As soon as your partner moves out, or you move into a property alone, make sure you get your single person discount. This will reduce your bill by 25 per cent.

Rebuild your state pension

Many spouses, usually women, find that they have not built up full entitlement to state pension. To receive the full state pension you need to have worked and paid National Insurance Contributions for a minimum of 35 years, although you do get credit for periods you were not working when you were at home bringing up children under the age of 12.

Up until 2016 it had been possible for a divorcee to rely on their partner’s National Insurance Contributions record for the purposes of calculating state pension entitlement. But changes introduced in April 2016 mean this is no longer possible.

If you are on course to have an incomplete state pension contribution history by the time you retire then it often makes sense to buy extra years through ‘Voluntary National Insurance Contributions’.

These are good value, enabling you to buy around £230 a year for life from state pension age, for a one-off cost of £733. Over a 20-year retirement, that £733 would pay back £4,600.

Invest your settlement carefully

If you have been the financially active party to the relationship, the chances are you will have a clear understanding of how to manage your finances going forward, and crucially, you could well continue to receive regular income through work.

But if you have been staying at home looking after children, things can be very different. While the children are still around your settlement may entitle you to regular maintenance payments from the departed spouse. But once the children leave home you will be reliant on whatever money was agreed in your settlement.

Some people who are unlikely to get a suitable job will find they have to live on their settlement lump sum for the rest of their life. This may look like a large amount of money, but it will have to cover decades of expenditure, so it is important to get advice from a financial planner.

They will help you understand your finances and understand what lifestyle you can afford in the future. A financial planner will do a full lifetime cash flow looking at your future income and spending, and building in assumptions about investment growth, inflation and future taxes.

Based on these inputs and assumptions it will show you whether you’re going to run out of money. If this model shows you are going to run out of cash  you can run “what if” scenarios to see what the impact will be if you work longer than anticipated, downsize or cut your expenditure.

This will give you the knowledge you need to see exactly what you can afford and when.

About Mary

Mary Waring is a Chartered Financial Planner who specialises in advising female clients, particularly women going through a divorce.  She is also an affiliate member of Resolution

Follow Mary – Twitter 

If you are going through divorce or contemplating divorce and would like to discuss your situation please email me at mary@wealthforwomen.biz

(Main photo credit – Jonathan Simcoe)

Financial Tailspins of the Divorced Dad
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Financial Tailspins of the Divorced Dad

Stepmother Meaning
Ali Wilks
Certified Stepfamily Coach

This is one of those “I wish I knew about this ahead of time” blogs.

The financial blows of a divorced dad become the financial woes of the stepmom.

For a lot of women, finances aren’t initially a part of the landscape when dating a man with children – the thought may have never crossed her mind.

As the relationship progresses, however the reality of child support payments and possible spousal support becomes a reality. Maybe even a scary reality. Reality may kick in when you ask how do you afford the wedding of your dreams with a second timer (or maybe third)?

Then consider this: child support for several more years (possibly into the first few years of post secondary education), while paying a mortgage and paying the bills.

And then if you want some of your own how do you then add buying diapers and supporting a wife while she collects SMP benefits of maternity leave- if there are any and if she’s entitled to them.

How do you afford the extra curricular activities of your own children as they grow up and develop interests in art, music, ballet classes or sports ??  It’s enough to make you want to hide under the covers and never want to come out.

I often hear about the financial stressors of second time families.

Stepmoms share stories about barely making ends meet but that stepkids get to go to an expensive sports school during the summer because of the court order on splitting costs.  Not to mention there may also be legal bills from the previous court proceedings and some fathers are still battling it out in the courts to fight for the custody of children or other issues.

In reality many divorced dads don’t have the finances to buy or keep their own home or save for retirement.

They are starting from scratch. Some say that the financial burden can set the new family back by 10 years or more. More often than not the matrimonial home ends up on the cutting block as part of the negotiations.

divorced dad
You ask how do you afford the wedding of your dreams with a divorced dad?

Further down the road planning for retirement takes a turn down a different route. Because when retirement does happen most of that pension or retirement savings and investments (In Canada we call them RRSP’s) and are split.

Truth be told starting over again with marriage, new children and mortgage is tough.

In my own situation, my husband was older than me and on the verge of retirement as we were planning our wedding. My husband’s friends and colleagues were finished paying their mortgages, travelling, buying toys and enjoying the free life of an empty nester.

No kids no mortgage. They are planning grandchildren. I can’t help but wonder if he’s a bit jealous of them. I think I might be! All joking aside those are really serious issues. There are ex wives who rely heavily on those child support payments. And sometimes it may be their only source of income.

Financial planning is challenging at the best of times. Heck saving is challenging.

Statistics show that financial issues are at the root of reasons for getting a divorce. Most people are in over their heads even in first time families. I’m using the advice of Gail Vaz-Oxlade. In one of her posts on her Facebook page she said that “talking about money is harder than talking about sex, religion, politics and even death”. It is a taboo topic and usually kept secret. So discussions on spending habits with your intended often do not happen prior to the big day.

Gail is a financial guru in Canada who has written plenty of books, articles and has two TV shows (’Til Debt Due Us Part and Princess). She is also a stepmom. She gets this.

She suggests the best way to tackle the problem is to have an open dialogue of who owes what and to whom with interest rates, tracking spending (yes that trip to Starbucks counts as does that purchase of the “ Us” magazine) for a few days, and write out what you have to pay out each month (cell phones, internet, utilities, food, recreational activities, child support, spousal support, insurance, car maintenance etc) and come up with a plan of attack.

Pay off the credit card with the highest interest rate first. Another approach may be to pay off the debt with the smallest balance first, and work your way up. Slay the smallest dragon first so to speak. And sometimes if you go to your financial institution they may help you find an account which has lower fees.

You may also be able to negotiate a payment plan with some of your credit card and utility companies. If you need more help google your local resources for money mentorship type programs. Or check out Gail’s website or books. Best wishes for smooth sailing!

About the Author

My name is Ali Wilks (www.aliwilks.com)  and I have a BA in Psychology with a MSc in Human Ecology specializing in Family Studies and I am a certified stepfamily coach.

I have been working in Children’s Services since 1998 in Edmonton,  Alberta. I am currently a trainer on Edmonton’s Caregiver Training Unit providing classes for foster, kinship, and adoptive parents. These classes include building essential skills in raising children not born to them who present with special needs. I am a stepmother of 3 adult children (with a couple of grandkids too)  and the birthmother of 2 beautiful girls.

aliwilks@xplornet.ca

www.facebook.com/stepbystepmom/

twitter.com/ali_wilks

how to deal with divorce

How to Deal with a Divorce – 7 Key Financial Tips for Women Going Through Divorce

financial plan
Mary Waring
Independent Financial Advisor and The Wealthy Woman: A Man is Not a Financial Plan: A Woman’s Guide to Achieving Financial

Mary Waring is a Chartered Financial Planner who specialises in giving financial advice to women.

Her fabulous strap-line is “A Man’s not a Financial Plan”.  

In this interview, Mary gives some really sound financial advice for women and mums going through divorce.

When you meet with a financial planner, do get a fixed fee quote rather than an hourly rate.  They’ll tell you what you will get for your money and how much it’s going to cost.  You don’t need to have millions to seek advice.  

Here are Mary’s 7 financial tips for women on how to deal with a divorce:

Talk to a solicitor.

One thing you really need to know about is the financial order.  If and once you’re divorced, realise that either partner can still make a financial claim against the other.  It’s not just about the money at hand but it’s also about the monies that may come your way at a later date, such as an inheritance or where your earrings increase.

Even if you’ve drafted a financial agreement between yourselves, that you both agreed to, unless you’ve both had legal advice and have a full financial disclosure, that agreement will not be binding.

The financial claim can actually stay open indefinitely unless it’s been dismissed by a court order and it is for that reason, that Mary suggests you seek a solicitor’s advice.

Make a full disclosure of all your financial assets and income. 

It can be tempting to not disclose, everything, particularly if you think your husband may not be disclosing fully, but Mary warns that, chances are if you don’t make full discloser it will be discovered. And if you’re discovered you will have lost credibility and of course there will be extra costs.

Unfortunately this recording is no longer available

Keep in mind, not just what you want but actually what you need as a minimum.

If you’re in a large house, with the with children, chances are you will want to stay in the house because you want as little disruption as possible for the children.

However, you do have to consider, if indeed you can afford to run the house  if you stay in it and/or if the family finances sufficient for you to stay in the house.

If the family finances up till now have supported one house and the husband moves out, the husband still has to have accommodation somewhere, so it’s the same pot of money, paying for a separate property. 

If there is not enough money to cover that, you need to recognise that from the beginning.  There’s no point in saying, “I want to stay in the house and I’m not moving,” because if there’s not enough money for that, you’re not going to end up with it.  

What about stay at home mums? 

If this is you, you need to know, that if you’re at home with the children and have not been working, it doesn’t mean that you are entitled to a lower share of the assets than if you were out working.  Equal weight is given to both the domestic and financial contributions.

What about “common law wives”?  Would she have the same rights as a married woman? 

This is the most terrible myth!  It is widely believed, by a lot of women, that if they’re cohabiting, particularly if they’ve got children, that they will have the same rights as a spouse. 

The fact is, in law, there is no such thing as a common law wife and that’s regardless of how long you’ve been together, or if you have children or not.  The children will be looked after, yes, but the “common law wife” herself has no rights at all.  So for women in this situation, they will have to either consider marriage or a cohabitation agreement that is designed to give that partner some protection if the relationship does go wrong later down the road.

There’s more to the interview so do have a listen.

thinking about divorce

Top Financial Concerns when Thinking about Divorce

Eileen Macqueen - Devonshires Solicitors,
Eileen Macqueen heads the family law team at Devonshires Solicitors,

Yours or mine?

With the news that Cheryl Fernandez-Versini has filed for divorce comes the speculation about how the split could dent her multi-million pound fortune.

As there is allegedly no pre-nuptial agreement in place, the path to separation may be a rocky one for the singer as she could be forced to part with a significant chunk of her wealth.

But it’s not just the rich and famous who are likely to worry about their finances when going through a divorce.

A recent survey commissioned by Devonshires Solicitors polled 1,000 divorced and married people and revealed that 74% of Brits had, or would have, financial concerns when thinking about divorce. This is a trend that can be seen across the board, whether people earn £15,000 or £55,000.

Dividing assets topped the list of financial worries, with almost half of respondents saying that this was the biggest concern, regardless of their income. The majority of clients that I have worked with share the same view, particularly with regard to the former family home.

When determining the financial arrangements of a divorcing couple, the starting point for a Court will be a 50/50 division of the matrimonial assets, although a Court will also consider a number of additional factors, including their ages, earning capacities and contributions to the family.

If, however, any of the couple’s assets were acquired by one party before the marriage or as a result of an inheritance, these will be treated differently by the Court.

In terms of the former family home, the Court’s priority in any separation will be to provide both people (and any children) with a roof over their head.

But difficulties often arise if there are insufficient assets to preserve the lifestyle both parties had become accustomed to. In all cases, the Court will prioritise the welfare of any children. If the children live with one parent for the vast majority of the time, that parent’s housing needs may be deemed greater than the other parent’s.

thinking about divorceHowever, there are numerous ways to protect the other parent’s interest if it is tied-up in a home for the children, for example, a charge against the home which is repayable upon the youngest child turning 18 years old.

Furthermore, many individuals are emotionally attached to the former family home, which can lead to further disputes in relation to selling it.

I often encounter clients who are keen to off-set claims they have against other assets, such as pensions or ongoing maintenance in order to retain the family home. However, before taking these steps, it is essential to get both legal and financial advice to ensure that your long-term financial position is secure.

Pensions or ongoing spousal maintenance provide an element of security in this respect, but some individuals still choose to retain the family home and downsize at a later stage to release capital. Each case will vary and such a decision is likely to be a finely-tuned balancing act.

Our survey also revealed that child maintenance was a source of worry when divorcing, with one in four stating that this was their main concern.

However – in my experience – disputes surrounding child maintenance are on the decline. This is mainly because the Child Maintenance Service, which replaced the Child Support Agency in 2013, has introduced a new calculation which is clearer and simpler to use.

That said, all parents should familiarise themselves with the finer details of the child maintenance calculation, including the number of nights the children spend with each parent and any other children that live with the paying parent. Parents who earn a gross weekly income in excess of £3,000 (after pension contributions) should always seek specialist advice from a solicitor.

Divorce is rarely easy and financial concerns are natural for any couple going through the process, so it is important to seek legal advice at an early stage to ensure that both parties are fully informed of the options available to them.

Eileen Macqueen heads the family law team at Devonshires Solicitors, one of the UK’s leading full service law firms.

Based at the firm’s office in Finsbury Circus, London, Eileen has qualified as a solicitor-advocate (with Higher Rights of Audience) and can therefore undertake advocacy on behalf of her clients.

She is also a member of Resolution, an organisation of 6,500 family lawyers and other professionals in England and Wales who believe in a constructive, non-confrontational approach to family law matters.

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Income and Divorce

Income and Divorce
Paul Gorman
Principal Partner
Beaufort Planning

Aviva’s Winter 2013 report explores the growing diversity among UK families fuelled by trends in cohabitation, separation/divorce and remarriage.

Past relationships are teaching families valuable lessons about managing money yet Aviva’s latest Family Finances Report also paints a worrying picture of unprotected incomes and outdated policies.

The Report reveals:

  • Nearly half of adults who live as part of a modern family have experienced at least one previous committed relationship (involving marriage or cohabitation) prior to their current family set-up.
  • More than one in six have had two or more past committed relationships, with 5% having had three or more.
  • More than one in three marriages is a remarriage for at least one partner, with 15% involving a remarriage for both parties.
  • Almost a third of two-parent UK families include one or more children from a previous relationship.

Income and Divorce – Financial arrangements in the modern family context can be stretched and complex:

One in three families with children from past relationships in December 2013 received financial support from an ex-partner. This includes almost one quarter who get a regular income from this source and 10% who receive occasional payments.

Regular monthly payments received range from less than £50 per child to more than £1,500, averaging out at £254 per child, per month. One in three who receive financial support rely on it to make ends meet, while another 38% would need to make major cutbacks to manage without this income.

With this is mind, it is worrying to read from the report that only one in four knows for definite that their former partner has financial protection – such as life insurance, income protection or critical illness cover – in place, that could be invaluable in helping secure maintain these regular payments in the event of ill health, incapacity or death.

Disturbingly, almost one in five know that their ex-partner’s finances are definitely not covered, another 30% fear this may be the case.

With many adults experiencing more than one committed relationship, any change in family circumstances can have a significant impact on financial arrangements.

Updating bank accounts and mortgage/rent agreements seem to take priority when a relationship ends, with Aviva findings suggesting that only 6% of affected adults fail to make such changes following a separation.

In contrast, almost one in five fail to update their will, potentially leading to future complications.

It is very much understandable that housing and a place a live is the main concern, this is an immediate need that requires action and attention.

Yet, it is also really important to look at and consider your all round finances during divorce and as hard as it is consider not just immediate and short term needs, but also your needs over the medium and long term.

Paul Gorman

www.beaufortplanning-westmidlands.co.uk

 


Sources: www.aviva.co.uk