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Divorce Trends 2024: What You Need to Know
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Divorce Trends 2024: What You Need to Know

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

As we move further into 2024, divorce continues to be a significant and evolving aspect of family law in the UK. Understanding current trends can help you navigate the complexities of divorce, whether you’re considering it yourself or simply want to stay informed. Here’s what you need to know about the latest divorce trends in 2024.

1. Divorce Applications: A Shift Towards Sole and Joint Applications

The landscape of divorce applications has seen a notable shift in 2024. In the first quarter of the year alone, there were 20,769 applications for sole divorce cases and 7,139 applications for joint divorce cases.

This indicates a growing preference for sole applications, where one spouse initiates the divorce proceedings alone. However, joint applications, where both parties agree to the divorce, remain a significant option for couples seeking a more amicable separation.

2. Divorce Timelines: Patience is a Virtue

For those entering the divorce process, it’s crucial to be prepared for the time it may take to reach a resolution. On average, the time to a conditional order in sole divorce cases is now around 36 weeks, with the full process from application to final order taking approximately 49 weeks. Joint divorce cases tend to be slightly quicker, with an average of 30 weeks to a conditional order and 43 weeks from application to final order. This longer timeline can be attributed to various factors, including the complexity of cases and the increased workload on family courts.

Given these extended timelines, we strongly recommend that separating couples arrange their finances, properties, children, and other key matters as early as possible. Proactively addressing these issues can help prevent further delays and ensure that the divorce process does not become even more protracted. By being prepared and organised, you can avoid exacerbating what is already a lengthy process and move towards resolution with greater efficiency.

3. Divorce Costs: The Impact of the Cost of Living Crisis

The ongoing cost of living crisis has had a profound impact on many aspects of life, including divorce. Rising living expenses have led some couples to postpone their divorce proceedings, opting to stay together for financial reasons. For others, the need to carefully manage costs has become a priority, influencing decisions about legal representation and the type of divorce application pursued.

4. Divorce Length: Marriages are Lasting Longer

Interestingly, the average duration of marriages leading to divorce has increased to 12 years in 2024. This suggests that couples are staying together longer before deciding to part ways. Various factors may contribute to this trend, including changing societal norms, economic pressures, and the availability of relationship counselling and support services.

5. Divorce Alternatives: Exploring Different Options

With the increasing length of marriages and the cost-related challenges of divorce, many couples are exploring alternative arrangements. Separation agreements, for instance, offer a quicker and potentially less contentious alternative to traditional divorce proceedings. These agreements allow couples to live separately while legally resolving issues like property division, child custody, and financial support without formally ending the marriage.

6. Divorce Options: Choosing the Right Path

Couples today have more choices than ever when it comes to how they handle their divorce. Whether through a joint application or a sole application, the decision ultimately depends on the specific circumstances and dynamics of the marriage. It’s important to consider the emotional, financial, and legal implications of each option.

Final Thoughts: Navigate Divorce with Confidence

Divorce is never an easy decision and understanding these 2024 trends can help you make informed choices. Whether you’re considering a sole or joint application, exploring alternatives like separation agreements, or simply trying to understand the timelines and costs involved, being well-informed is key to a smoother process.

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What is 'Resolution Together'?
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What is ‘Resolution Together’?

Published on
Emma Alfieri
Emma Alfieri
Legal Director
Greene & Greene Solicitors

Resolution Together is a new way for separating couples, and for parents who are in dispute about the care of their child, to obtain advice from a single legal professional.

This new way of working follows the implementation of the Divorce Dissolution and Separation Act which allowed couples, for the first time, to make joint applications to end a marriage collectively.  As a result, Resolution has developed a new approach to help separating couples. Resolution is a community of family justice professionals who work with families and individuals to resolve issues in a constructive way.

The service is suitable for those whose joint aim is to reach an outcome that meets their needs and, if they are parents, the needs of their children. A key feature is that individuals must give their informed consent to disclosing all the relevant factual and financial information required in order to reach their decisions together, to one another and the legal professional who will be advising and guiding them towards their final outcome. The legal professional who works with the couple will not be acting for either party individually, and also the legal professional may not represent either or both in communications with the Court, other than where it has been agreed that the Legal Professional will file any draft Order with the Court on their behalf.

Some of the principles relating to Resolution Together are closely aligned to other dispute resolution approaches, such as Mediation. However, the difference is that Resolution Together provides an advice based service where both clients are able to receive advice, including legal advice on a jointly beneficial basis.

Generally, couples that choose Resolution Together will not be in a dispute, or have a “conflict”. Couples do not have to be in agreement about everything, but need to be willing to consider options and not have entrenched positions. A willingness to work hard towards finding an agreed outcome is key.

The ultimate aim is that the parties taking part in Resolution Together will reach a decision that will be recorded in a draft Order, and a legal professional will assist them to obtain an approved Order.

Read more articles by Emma Alfieri.

About Emma Alfieri

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

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

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

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

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

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Navigating the Division of Your Property During a Divorce

Published on
Tom Floyd
Tom Floyd
Marketing Director
Webuyanyhouse.co.uk

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

Understanding Your Legal Position

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

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

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

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

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

Joint Financial Commitments

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

Mortgage and Loan Solutions

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

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

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

Exploring Your Options

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

Selling the Family Home

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

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

Retaining the Property

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

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

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

Navigating the Property Division Process

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

Here are some strategies to help you handle the situation:

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

 Pricing Strategy

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

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

To Conclude

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

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

About Tom Floyd

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

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

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

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

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

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

Financial Documents

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

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

Property and Asset Information

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

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

Personal Identification Documents

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

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

Child-Related Documents

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

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

Other Legal Documents

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

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

Organising Your Paperwork

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

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

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

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

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

Final Thoughts

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

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

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

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

Read more articles by Fair Result.

Read more articles by Chris Sweetman.

About Chris Sweetman

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

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

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The Dangers of DIY Divorces
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The Dangers of DIY Divorces

Published on
Emma Alfieri
Emma Alfieri
Legal Director
Greene & Greene Solicitors

Since fault free divorce law came into effect on 6th April 2022, it has become much easier for parties to complete a DIY divorce without seeking legal advice. Whilst the changes were welcomed, the new law has resulted in many DIY divorcees not understanding the law and/or encountering problems along the way.

One common (and wrong) assumption is that the Final Order of divorce automatically prevents an ex-spouse from making financial claims in the future. This is false. The only way to achieve a legally binding financial “clean break” is for the parties to also submit a separate signed Consent Order to the Court embodying the financial agreement they have reached. If this additional step is not taken, an ex-spouse is entitled to make financial claims against their former spouse in the future, even after they are divorced and the assets have been divided.

A trigger for a financial claim by an ex-spouse months or years after the divorce could be, for example, if a former spouse later accumulates wealth, such as by inheritance or lottery win. This situation can be stressful and expensive to sort out and therefore it is always advisable to enter into a Consent Order at the time of divorce.

In some DIY divorce cases the parties may be aware of the requirement to have a Consent Order but do not take advice before signing the document.   This could result in a binding Order that excludes valuable assets or income that cannot later be re-visited.

Another common mistake is some of the less obvious assets of the marriage such as pensions and business interests are overlooked, instead focussing on property alone. The pension assets of a marriage can be some of the most valuable assets and are often ignored resulting in a poor outcome for the party with the lower pension provision.

Timing is another factor that can get overlooked. For example, a divorce lawyer would usually recommend a final Order of Divorce is not applied for until financial matters have been resolved and a Consent Order approved by the Court (but not in all circumstances). There could also be consequences if a party re-marries before they have properly dealt with financial matters.

Believe it or not, every case is different. The individual facts need to be applied to each set of circumstances. Whilst many DIY divorcees will scour the internet for advice, there are no on-line resources that provide the answer to every single situation/scenario.  That’s why is it is always advisable to take legal advice early on, even if that advice is limited to just one consultation.

In conclusion, whilst a DIY divorce will always be the cheapest option, it is important that parties going through divorce can properly understand what they need to do, when, and to consider any other factors they may not have thought about.  This will ensure parties do not find themselves in a position where their quest to save money could be a decision they later live to regret.

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

Read more articles by Emma Alfieri.

About Emma Alfieri

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

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

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

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

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

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Breaking Down Divorce: Answering the UK's Top Google Searches
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Breaking Down Divorce: Answering the UK’s Top Google Searches

Published on
Lauren Laverick
Lauren Laverick
Solicitor
Beecham Peacock Solicitors

Divorces are an intimidating legal process to those who aren’t in the know – after all, who entering a marriage considers the possibility that so many dread? This leaves many partners feeling blindsided, overwhelmed and turning to the internet for quick answers.

Compared to July 2023, Google searches for “cheap divorce lawyers near me” have risen by 200%. The problem many find themselves in is that the internet can provide inaccurate information, but many solicitors charge for initial consultation calls, and so the costly divorce process begins before new singles can come to terms with their situation.

We have turned to Newcastle family law specialists Beecham Peacock Solicitors for their answers to the UK’s most-searched divorce questions, using Google search data to collate the queries and trusted solicitors to answer them accurately.

How much does a divorce cost?

“There are several factors that can affect how much a divorce costs, mainly depending on whether the divorce sees the inside of a courtroom or if the couple opts for a no-fault divorce,” Beecham Peacock divorce solicitor, Lauren Laverick, explains. “If couples do agree to a more amicable no-fault divorce, the costs will typically comprise of legal advice, drafting divorce petitions and the handling of necessary paperwork. The standard fee when applying for a no-fault divorce is £593 before additional solicitor charges, which will vary depending on your solicitor and case.”

How to get a divorce.

“To start the legal process of filing for a divorce, you first have to check that your marriage meets the minimum criteria: you must have been married for one year, your marriage must be recognised in the UK and either you or your spouse must be living in England or Wales, as separate rules affect Scotland,” Lauren explains. “Thanks to the no-fault divorce system, neither party has to accept any wrongdoing for the breakdown of the marriage.

“Next, you must apply for a divorce application, which can be done by post or through the UK government’s website. This application will ask for personal details relating to the circumstances of the divorce, including children and financial arrangements,” Lauren continues. “This form can be completed by yourself or a hired solicitor. Once accepted, a copy will be sent to your spouse, who must acknowledge receipt of the letter and confirm that they agree.

“If your spouse agrees, the rest of the process comes down to sorting legal documents which can be arranged by your solicitor. If your spouse disagrees, based on grounds of finances or child custody, then these issues must be resolved,” Lauren says. “This is where you can lean on your solicitor to guide you through an amicable compromise, negotiating with your spouse through mediation, collaborative law processes, or if the disagreement cannot be settled, a more costly court hearing.

“Your solicitor will be crucial during this process if it comes to it – they will have your best interests at heart and protect your rights in the divorce process,” Lauren adds. “Once an agreement is made, you’ll apply for a conditional order, the first of two decrees needed to finalise the process. This informs the court that the divorce can proceed based on the information you’ve given. Then, if the court is satisfied, they will issue a certificate allowing you to apply for the final order.

Around six weeks from the completion of the first order, you can apply for the final order – legally ending the marriage. Once this is accepted, you are officially divorced.”

How long does a divorce take?

“The length of the divorce depends on the complexity of the case, mainly dictated by disagreements between you and your spouse in accepting the initial application,” Lauren says. “The average time to complete a divorce procedure is seven months, but this process will rely heavily on a solicitor processing forms swiftly and finding resolutions between disagreements if they arise, which could extend the time it takes to finalise the divorce.”

How many marriages end in divorce?

“The most recent statistics from the Office of National Statistics showed just over 80,000 divorces in 2022. We can work out from this data that 34.2% of marriages, on average, end in divorce,” Lauren says. “That’s lower than the often-heard claim, ‘half of marriages end in divorce’, but it still leaves many disappointed, stressed and emotionally struggling singles who never imagined they’d be in this position,” Lauren continues.

“It’s the lowest number of divorces there’s been since 1972, however. Hopefully this trend continues and there will be more happy couples as the years go on.”

How much does a divorce cost if both parties agree?

“If both parties agree to the divorce and to the terms, then we can assume this question relates to couples who have filed for a no-fault divorce and agree completely on the nuances of the divorce procedure – including details of finance considerations and child custody arrangements with no amendments,” Lauren continues.

“In this instance, the divorce will be completed as quickly as possible and with no court fees. This means that the average cost of an uncontested divorce will range from £600–£2,000, including the £593 government application form. The range of payment will therefore depend on how much your solicitor charges to process the divorce,” Lauren explains.

“This is why it is important to explore your options when searching for a solicitor, finding a balance between someone who you know will represent your interests well and who is also within your desired budget. As with most things, paying someone who can do the job right the first time may actually save you money compared to someone who can do it cheaply but inefficiently.”

Are you currently at the beginning stages of filing for divorce? If so, we hope your process goes as swiftly and as painlessly as possible.

Read more articles by Beecham Peacock Solicitors.

About Beecham Peacock

Established in 1953, Beecham Peacock is one of the North East’s leading law firms with a wealth of experience in a myriad of different legal fields. Its team of expert solicitors includes specialists in wills, trusts and probate, personal injury, family law and employment law. The firm also offers a wide range of other legal services.

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How to Know If It’s the Right Time for a Divorce
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How to Know If It’s the Right Time for a Divorce

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

Deciding to end a marriage is one of life’s most challenging decisions. While there’s no universal “right time” for divorce – certain signs may indicate it’s time to consider this option. In this article we will explore key indicators and important considerations when contemplating divorce.

Signs Your Marriage May Be in Trouble

Persistent unhappiness is often the first sign that a marriage is in trouble. If you’ve been consistently unhappy for an extended period, despite efforts to improve the relationship – it may be time to reassess your marriage.

This feeling often goes hand-in-hand with a breakdown in communication. When attempts at meaningful dialogue consistently fail or lead to arguments – it can signal a fundamental issue in the relationship.

Infidelity is another major factor that can lead to divorce. Repeated unfaithfulness or an inability to rebuild trust after infidelity can be deal-breakers for many couples. Even more serious is the presence of abuse in a relationship. Physical, emotional, or verbal abuse, like financial control, should never be tolerated and is a clear sign to seek help and consider leaving.

Sometimes, couples find themselves growing apart due to diverging values or goals. If you and your spouse have fundamentally different life aspirations or core values that can’t be reconciled, it may lead to irreconcilable differences.

Red Flags That Shouldn’t Be Ignored

A complete loss of intimacy, both physical and emotional – can indicate a deep disconnect between partners. This lack of closeness often signals that the relationship has moved from a romantic partnership to a mere cohabitation arrangement.

Addiction issues can also strain a relationship beyond repair. Untreated substance abuse or other addictive behaviours not only affect the individual but can have devastating effects on the entire family unit.

Financial problems, particularly financial infidelity or constant money stress – can erode trust and stability in a marriage. Persistent financial dishonesty or unresolvable conflicts over money management often lead couples to consider divorce.

Some couples stay together solely for the sake of their children. While considering children’s well-being is crucial – remaining in a dysfunctional marriage may not be in their best interest long-term. Children are perceptive and can often sense tension and unhappiness between their parents.

If you’ve exhausted all options – tried counselling, communication strategies, and other interventions without success – it might be time to consider separation or divorce.

Important Considerations Before Deciding

Before making a final decision about divorce, it’s crucial to seek professional help. Engage in marriage counselling to explore all possibilities for reconciliation. A trained therapist can provide valuable insights and tools to help you navigate your relationship challenges.

Consider a trial separation. A period of living apart can provide perspective and clarity on the relationship. It allows both partners to experience life without the other and can sometimes rekindle appreciation for the marriage or confirm that separation is the right choice.

Consulting a divorce solicitor is also an important step. Understanding the legal implications and potential outcomes of a divorce can help you make a more informed decision. A solicitor can explain your rights, potential financial impacts, and issues related to child custody if applicable.

Lastly, take time for self-reflection. Consider your own needs, well-being, and future goals. Think about what you want your life to look like in the coming years and whether your current relationship aligns with those aspirations.

Final Thoughts

The decision to divorce is deeply personal and should never be made hastily. If you’re consistently feeling that your marriage is beyond repair and is causing more harm than good – it may be time to seriously consider your options.

Remember, seeking professional guidance can help you navigate this difficult decision and its aftermath.

Whatever you decide, prioritise your well-being and that of any children involved. There’s no shame in ending a relationship that no longer serves you – just as there’s value in fighting for a marriage that still has the potential for happiness and growth.

Read more articles by Chris Sweetman.

About Chris Sweetman

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

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

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What is a Single Joint Expert (SJE)?
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What is a Single Joint Expert (SJE)?

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

Divorce can be a complex and emotionally charged process, especially when it involves the valuation of shared assets. One crucial element that often comes into play is the role of a Single Joint Expert (SJE). In this FAQ guide, we’ll delve into what an SJE is, why they are important, and how they can help streamline your divorce proceedings.

What is a Single Joint Expert (SJE)?

A Single Joint Expert (SJE) is an independent expert appointed jointly by both parties in a divorce case to provide an impartial valuation or assessment of shared assets. This expert is usually agreed upon by both parties and approved by the court. The SJE’s role is to offer a neutral perspective, ensuring that both parties receive a fair and accurate evaluation of their assets, which can include properties, businesses, and other significant financial interests.

Why is an SJE Important in Divorce Proceedings?

  1. Neutral and Unbiased Opinion: An SJE provides an objective assessment, which helps to prevent disputes and ensures that neither party feels disadvantaged.
  2. Efficiency and Cost-Effectiveness: By using a single expert agreed upon by both parties, the process becomes more streamlined and can reduce the overall costs compared to each party hiring their own expert.
  3. Court Approval: The court often prefers the use of SJEs because their involvement can lead to quicker resolutions, reducing the court’s workload and encouraging settlements outside of court.
  4. Clarity and Precision: SJEs are experts in their fields, providing detailed and accurate valuations that can withstand scrutiny from both parties and the court.

How is an SJE Appointed?

The appointment of an SJE typically follows these steps:

  1. Agreement Between Parties: Both parties must agree on the need for an SJE and select a suitable expert.
  2. Terms of Reference: The scope of the SJE’s work is defined in a document called the terms of reference, which outlines what the expert is expected to evaluate and report on.
  3. Court Approval: The agreed-upon expert and the terms of reference are then submitted to the court for approval.
  4. SJE’s Report: The SJE conducts their evaluation and provides a detailed report to both parties and the court.

What Happens After the SJE’s Report?

Once the SJE’s report is submitted, both parties have the opportunity to review and discuss the findings. If there are any disagreements or additional clarifications needed, these can be addressed through further questions or discussions with the SJE. Ultimately, the report serves as a key piece of evidence in reaching a financial settlement.

Final Thoughts

At Fair Result, we understand the complexities of divorce and the importance of accurate asset valuation. Our team is experienced in working with SJEs and can guide you through the process to ensure a fair and equitable outcome.

Read more articles by Chris Sweetman.

About Chris Sweetman

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

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

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Divorce and Separation Checklist
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Divorce and Separation Checklist

Published on
Emma Alfieri
Emma Alfieri
Legal Director
Greene & Greene Solicitors

Since the changes to divorce law (in England and Wales) on 6th April 2022, it is now relatively straight forward for individuals to obtain a divorce on-line. The welcome changes have helped parties to navigate the divorce process in a more simplified way meaning individuals going through the divorce process no longer have to consult a divorce lawyer.

Whilst the new ‘fault free’ divorce law has been beneficial to divorcing couples in saving costs and reducing conflict, there are a worrying number of individuals who now take no legal advice whatsoever. This is concerning in relation to dividing the family finances as becoming divorced does not ‘close off’ financial matters and therefore financial claims are often left open, with the individuals blissfully unaware.

Therefore we would always advise individuals going through divorce to have at least one session of legal advice so they have full knowledge of the perils and pitfalls of divorce.  Below are some key points :

Seek early legal advice

It is important to seek legal advice early.  An initial consultation can be invaluable and is often much less daunting than one might think. Family lawyers are very ‘normal’ people who will listen and not judge.

Therapy/ counsellor

If there is a possibility of getting the relationship back on track, a joint marriage counsellor or therapist may be useful. If the relationship is over, an individual therapist or counsellor can help individuals to work through the issues surrounding the separation and to help to deal with the transition.

Try to keep things amicable

Try to be pragmatic and reasonable where possible as this will make the separation much easier to deal with. Try and work together, particularly where there are children involved. Arguing over minor issues and matters of principle will increase conflict, stress and costs, and is rarely productive.

Living arrangements

Consider where both parties will live. Will this be in the same house together?  Sometimes this will be a necessity and is another reason to try and minimise the tension.  Alternatively, if one person will leave then a plan should be put in place for who that will be, where will they go and how two households will be funded.

Arrangements for children

The initial arrangements for the care of the children will be a priority. Take time to consider when and where they will see each parent.  Having an agreed plan in place from the offset will ensure it is as stress-free as possible for the whole family.  A parenting plan could help – Parenting Plan – Cafcass – Children and Family Court Advisory and Support Service

Reaching agreements

If a financial agreement is reached between the parties, ensure the agreement is formalised in writing, and embodied into a Financial Remedy Order. If the agreement is verbal or not formalised in the correct way, beware – it will not be a binding agreement.

Alternatives to court

There are many alternatives to Court which should be considered to avoid court and reduce the tension, particularly where there are children involved.

Do not forget about pensions

The sharing of pensions is just as important as the sharing of capital assets such as property and must not be overlooked.  A Pension on Divorce Expert may need to be involved.

Financial and tax advice

It may be useful to speak to an accountant in relation to capital gains tax issues, for example, if more than one property is owned or if one party moves out and lives elsewhere, there could be adverse tax consequences.

Wills

It is important to consider making or updating any Will previously made to ensure that those named to inherit are still correct. It is also worthwhile considering death in service benefits under any pension provision.

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

Read more articles by Emma Alfieri.

About Emma Alfieri

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

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

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

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

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

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A Guide for Parents - Devising a Co-Parenting Plan Before Getting a Divorce
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A Guide for Parents – Devising a Co-Parenting Plan Before Getting a Divorce

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

Going through a divorce can be emotionally and logistically challenging, especially for parents with children. While the decision to end a marriage may be difficult, it’s crucial to prioritise the well-being of the children throughout the process. One of the most important steps in this regard is devising a comprehensive co-parenting plan before finalising the divorce.

A well-crafted co-parenting plan not only sets the tone for a healthy co-parenting relationship post-divorce but also ensures that both parents remain actively involved in their children’s lives. It provides a framework for effective communication, decision-making, and conflict resolution, ultimately minimising the impact of the divorce on the children.

By establishing clear guidelines and expectations from the outset, parents can foster a cooperative and supportive environment for their children, helping them navigate this transitional period with greater ease and stability.

Understanding the Concept of Co-Parenting

Co-parenting refers to the process of raising children collaboratively after a separation or divorce. It involves both parents actively participating in decision-making, sharing responsibilities, and maintaining a healthy relationship for the well-being of their children.

Successful co-parenting requires a commitment to putting aside personal differences and focusing on the children’s best interests. Key principles of effective co-parenting include:

  • Open and respectful communication
  • Consistency in parenting styles and rules
  • Flexibility and compromise
  • Avoiding conflict in front of the children
  • Maintaining a united front when addressing children’s needs and concerns

While co-parenting can be challenging, especially in the aftermath of a divorce, both parents need to work together and prioritise their children’s emotional and developmental needs. This often involves setting aside personal grievances and cultivating a cooperative and supportive dynamic.

Establishing a Parenting Schedule

One of the most crucial components of a co-parenting plan is establishing a fair and consistent parenting schedule. This schedule should outline the custody arrangements and visitation schedules, ensuring that both parents have ample time to be actively involved in their children’s lives.

When determining custody arrangements, parents can choose from various options, including:

  • Joint custody: Both parents share legal custody and decision-making responsibilities for the children.
  • Sole custody: One parent has primary legal and physical custody, while the other parent has visitation rights.
  • Shared physical custody: Children spend a significant amount of time living with each parent.

The parenting schedule should consider factors such as work schedules, children’s extracurricular activities, and living arrangements. It’s essential to create a schedule that minimises disruptions to the children’s routines and provides stability.

To ensure a smooth transition, the schedule should clearly outline the pickup and drop-off times, as well as any special arrangements for holidays, vacations, and other important events.

Handling Decisions Related to Children

In addition to establishing a parenting schedule, a co-parenting plan should outline how major decisions concerning the children will be made. These decisions may include matters related to education, healthcare, religion, and extracurricular activities.

It’s crucial to establish clear guidelines for communication and conflict resolution when making these decisions. Parents should agree on a process for discussing and resolving any disagreements that may arise, such as seeking the assistance of a mediator or counsellor if necessary.

The co-parenting plan should also address potential changes in circumstances, such as relocation, remarriage, or adjustments in financial situations. Having a framework in place for addressing these changes can help minimise conflicts and ensure that the children’s best interests remain the top priority.

Managing Finances and Child Support

Financial considerations are an essential part of a co-parenting plan, particularly when it comes to child support and shared expenses for the children’s needs.

The plan should clearly outline the child support obligations and payment arrangements – taking into account factors such as each parent’s income, the number of children, and any relevant legal guidelines or agreements.

In addition to child support, the co-parenting plan should address how expenses related to the children’s needs, such as clothing, extracurricular activities, educational costs, and medical expenses, will be divided between the parents. Establishing a fair and equitable system for sharing these costs can help prevent future conflicts and ensure that the children’s needs are met.

It’s also important to review any potential tax implications and benefits related to child support and shared expenses. Consulting with financial advisors or legal professionals can provide valuable guidance in navigating around financial assets.

Maintaining Healthy Boundaries

While co-parenting requires open communication and cooperation, it’s equally important to maintain healthy boundaries between the former spouses. The co-parenting plan should establish clear guidelines for interactions and communication, ensuring that each parent respects the other’s personal space and privacy.

One critical aspect is avoiding exposing children to parental conflicts or using them as messengers or go-betweens. Children should not be burdened with adult issues or placed in the middle of disagreements between their parents.

It’s also important to respect each other’s personal lives and relationships. The co-parenting plan should outline boundaries regarding introductions to new partners, attending events together, and maintaining appropriate behaviour in front of the children.

By establishing and adhering to these boundaries, parents can create a more harmonious and supportive environment for their children, minimising the potential for further emotional turmoil or confusion.

Involving Children in the Process

While devising a co-parenting plan, it’s essential to involve the children in an age-appropriate manner. This not only helps them understand the changes occurring in their family dynamic but also provides an opportunity for them to voice their concerns and fears.

Open communication with children is crucial throughout the process. Parents should strive to explain the situation in a clear and reassuring manner, emphasising that the divorce is not their fault and that both parents will continue to love and support them.

Depending on the children’s ages, parents can consider involving them in discussions about certain aspects of the co-parenting plan, such as visitation schedules or living arrangements. This can help children feel heard and respected – ultimately easing their transition into the new family dynamic.

It’s also important to encourage children to express their feelings and concerns openly. Parents should be prepared to actively listen and address any worries or questions that may arise, seeking professional counselling if necessary.

By involving children in the process and fostering open communication, parents can help mitigate the potential emotional and psychological impacts of divorce – promoting a smoother transition for the entire family.

Final Thoughts

Devising a comprehensive co-parenting plan before finalising a divorce is essential for parents committed to prioritising the well-being of their children. By establishing clear guidelines for custody arrangements, decision-making processes, financial responsibilities, and communication, parents can create a supportive and stable environment for their children during this transitional period.

While co-parenting can be challenging, it is vital for both parents to put aside personal differences and cultivate a cooperative dynamic. Seeking professional assistance from mediators, counsellors, or legal professionals can provide valuable guidance and support throughout the process.

Ultimately, a well-crafted co-parenting plan serves as a foundation for a healthy and nurturing relationship between parents and children, helping to minimise the potential negative impacts of divorce and fostering a more positive and harmonious future for the entire family.

Read more articles by Chris Sweetman.

About Chris Sweetman

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

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

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Navigating Divorce As An LGBTQ+ Couple In The UK.
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Navigating Divorce As An LGBTQ+ Couple In The UK

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

Divorce is a significant life event that can have profound emotional, financial, and legal implications for anyone. Unfortunately, for LGBTQ+ individuals, the journey can be further complicated by societal prejudices, lack of understanding, and specific legal nuances. While the legalisation of same-sex marriage in the UK in 2014 marked a significant milestone, there are still complexities and potential challenges that LGBTQ+ couples may face during the divorce process.

Grounds for Divorce

In recent years, the UK introduced no-fault divorce laws, allowing couples to divorce without having to cite reasons such as unreasonable behaviour or adultery. This change brings greater simplicity and reduces potential conflict around assigning fault.

However, for LGBTQ+ couples, there may still be nuances to navigate when it comes to defining concepts like adultery within the context of their relationships. Some LGBTQ+ relationships have non-traditional structures or different boundaries around monogamy. Working with lawyers experienced in LGBTQ+ family law can ensure these nuances are properly understood and addressed.

Additionally, LGBTQ+ couples may face bias or lack of understanding from some legal professionals if explanations of relationship dynamics are required as part of proceedings. An LGBTQ+-friendly legal team is crucial for ensuring the divorce process is fair and respectful of all relationship styles.

Division of Assets and Finances

The division of assets and finances is a critical aspect of any divorce proceeding. For LGBTQ+ couples, this process may involve unique challenges. For example, if one partner has been financially dependent on the other, determining appropriate spousal support can be complex. Additionally, issues around property ownership and financial entitlements may require careful consideration, particularly in cases where the couple had a long-term relationship before same-sex marriage was legalised.

In a traditional heterosexual marriage, the division of assets and finances is typically based on the principle of fairness, taking into account factors such as the duration of the marriage, each spouse’s financial contributions, and any dependent children. However, for LGBTQ+ couples, additional factors may come into play.

One significant challenge can arise when one partner has been financially dependent on the other for an extended period. In some cases, LGBTQ+ individuals may have sacrificed career opportunities or financial independence due to societal prejudices or the lack of legal recognition for their relationship. Determining appropriate spousal support in these situations can be complex and may require careful consideration of the couple’s unique circumstances.

Another potential issue is property ownership and financial entitlements accumulated during the period before same-sex marriage was legalised in the UK. In some cases, LGBTQ+ couples may have been in long-term committed relationships for decades before being able to legally marry. Determining how to divide assets and finances in these situations can be intricate, as the legal framework for property rights and financial entitlements may have been different during that time.

Child Custody and Parental Rights

LGBTQ+ individuals have the legal right to adopt and raise children in the UK, and their parental rights are recognised in divorce proceedings. However, navigating child custody and visitation arrangements can be intricate, especially in cases involving surrogacy or co-parenting arrangements.

The legalisation of same-sex marriage in the UK has brought greater clarity and protection for LGBTQ+ parents’ rights in divorce proceedings. Regardless of their sexual orientation or gender identity – both parents are entitled to seek custody and visitation rights, and the court’s primary consideration is the best interests of the child.

However, there may be unique challenges for LGBTQ+ couples when it comes to child custody and parental rights. For example, in cases involving surrogacy or assisted reproductive technologies, legal issues around parentage and parental rights can be complex.

By understanding the legal rights and seeking guidance from experienced professionals, LGBTQ+ couples can navigate the complexities of child custody and parental rights during divorce proceedings with greater confidence and clarity. Ultimately, the primary focus should be on ensuring the best possible outcome for the children involved.

Domestic Partnerships and Civil Unions

Before same-sex marriage became legal in the UK, many LGBTQ+ couples entered into domestic partnerships or civil unions. The dissolution of these partnerships may involve different legal processes compared to traditional divorce proceedings. Couples in this situation must seek specialised legal advice to ensure their rights and interests are adequately protected.

In the UK, civil partnerships were introduced in 2005, providing same-sex couples with legal recognition and rights similar to those of married couples. However, the dissolution of a civil partnership followed a different legal process than divorce. After same-sex marriage became legal in 2014, existing civil partnerships could be converted into marriages, but some couples may have chosen to remain in their civil partnership.

For couples seeking to dissolve a civil partnership, the process is known as “dissolution” rather than divorce.

Additionally, the division of assets and financial entitlements in the dissolution of a civil partnership may follow different rules and guidelines compared to divorce proceedings. Legal professionals must be well-versed in these nuances to ensure a fair and equitable distribution.

Similarly, for LGBTQ+ couples who entered into domestic partnerships or other forms of legal recognition before civil partnerships or same-sex marriage were available, the dissolution process may involve unique complexities. These partnerships may have been governed by different laws and regulations, and the division of assets and financial entitlements could be subject to different considerations.

Discrimination and Sensitivity Concerns

While the law aims to be impartial and non-discriminatory, unconscious biases and prejudices can still influence the attitudes and actions of some legal professionals.

One area where discrimination can manifest is in child custody disputes. Despite legal protections, some judges or legal professionals may harbour biases that could influence their decisions regarding parental rights or the best interests of the child. LGBTQ+ parents may face unfair scrutiny or assumptions about their ability to provide a suitable environment for their children.

To mitigate the risks of discrimination and ensure a fair and equitable process, it’s crucial for LGBTQ+ couples to work with legal teams that are well-versed in LGBTQ+ family law and have a proven track record of sensitivity and inclusivity. These professionals can help advocate for their clients’ rights, challenge biased assumptions, and ensure that the unique circumstances and perspectives of LGBTQ+ couples are respected throughout the proceedings.

It’s important to remember that while discrimination and insensitivity may still exist, the legal system and society as a whole are continuously evolving to become more inclusive and accepting of LGBTQ+ individuals and families. By staying informed, advocating for their rights, and seeking out legal help – LGBTQ+ couples can navigate the divorce process with greater confidence and resilience.

Final Thoughts

Even though the journey may be challenging, LGBTQ+ couples need to understand their rights and seek guidance from professionals who are well-versed in LGBTQ+ family law. By approaching the process with understanding, sensitivity, and a commitment to fairness, couples can navigate the complexities of divorce and move forward with greater clarity and resilience.

Read more articles by Chris Sweetman.

About Chris Sweetman

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

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

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How Do I Maintain Contact with My Grandchildren When Their Parents Separate?
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How Do I Maintain Contact with My Grandchildren When Their Parents Separate?

Published on
Emma Alfieri
Emma Alfieri
Legal Director
Greene & Greene Solicitors

Many grandparents whose adult children separate from their spouses or partners suffer anguish, distress and loss when, through no fault of their own, they lose precious time with their grandchild(ren).

During their adult children’s separation, grandparents, can find themselves relying upon their son or daughter to arrange a time to see the grandchild(ren).  Additionally, if their relationship with their son or daughter is estranged, they may not see them at all.

Arranging visitation with the grandchild(ren)

The best option in this scenario is to try to negotiate with the parent in dispute, emphasising the importance of their role in their grandchildren’s lives. If discussions breakdown, grandparents should consider Mediation. This is a process where they and the children’s parents meet with a trained Mediator to discuss their role in their grandchildren’s lives and to work towards a routine of spending time with their grandchildren.

If negotiations and Mediation have not resulted in an amicable agreement being reached, the grandparents could make an application to the Court.  However, due to the fact grandparents do not have automatic legal rights to spend time with their grandchildren they must first apply for “leave” or permission from a Judge to apply to the Court.

The application for contact will only be considered by a Judge when both parents’ views upon the grandparents seeing the grandchild(ren) have been fully investigated.  In some circumstances a Cafcass (Children and Family Court Advisory and Support Service) officer may be asked to provide a report to the Court.

Once the Judge has the views of both parents, possibly a Cafcass Report, the wishes and feelings of the child(ren) and has considered what they believe is in the child(ren)’s best interests, an Order for contact with the child(ren) may (or may not) be made.

In conclusion, informal agreements directly with the parents are the best option for grandparents. If not successful, then Mediation must be attempted before any Court Application is issued and Court Applications should be a last resort.

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

Read more articles by Emma Alfieri.

About Emma Alfieri

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

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

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

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

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

You might be interested in

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