divorce process uk - Page 7

Will I Lose My Personal and Business Assets in Divorce?
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Will I Lose My Personal and Business Assets in Divorce?

Published on
Kate Booth
Kate Booth
Solicitor, Head of Family & Matrimonial
Brindley, Twist, Tafft & James Solicitors (BTTJ)

Former partners have the right to claim a stake in anything from their ex’s business to a jackpot win unless the correct legal procedures have been followed to ensure full protection.

Without a financial order in place – which includes a clean break – divorcees are leaving themselves exposed to the risk of being forced to part with personal or business assets.

A divorce simply ends a marriage. Without a financial order couples are still financially tied in the eyes of the law. So if a person later builds a big nest egg, has a successful business, makes a good return on the sale of a property or wins the lottery, their ex has the right legally to make a claim against them.

Although dividing up a business and its assets is a lot more complicated for the courts, it is still not without risk. A lot of it comes down to personal circumstance.

A court will look at various things such as the length of the marriage, when the business began, the kind of business it is, its assets, how much it was worth in the past and by how much it has increased during the marriage – in some cases a business will be deemed as an asset capable of being divided.

Factors which help determine a court’s ruling include the financial circumstances of each of the individual parties, ensuring both sets of financial needs are met to accommodate a decent standard of living.

Where possible courts will look at meeting a spouse’s financial needs without dipping into non-matrimonial assets.

A person who has remarried would generally be unable to make a claim against their former spouse, but the person who remains unmarried can still apply.

People who end their marriages with online divorces, including couples who make a joint application, may be among those who later find themselves the subject of claims.

With no legal advice included in the ‘DIY divorces’ many remain unaware the divorce simply means the end of the marriage and not the end of financial ties.

It comes back to the first piece of advice we would always give which is do not leave things, even if very amicable at the point of divorce, as if one day circumstances change – for example unemployment, illness or injury – a court can only work from values of assets at the time the application is brought.

It may rule that an increase in the value of the business should not be attributed to the person making the claim, but there is always a danger that it might be.

For further details on BTTJ log on to www.bttj.com.

Read more articles by Brindley, Twist, Tafft & James Solicitors (BTTJ).

About Kate

Kate deals with private family law cases including divorce and related financial matters, children, injunction and cohabitation issues. She also advises clients in connection with pre-nuptial and cohabitation agreements.

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Clients deserve quality and transparency: why unregulated firms need to be stopped.
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Clients Deserve Quality & Transparency: Why Unregulated Firms Need to be Stopped

Published on
Nicki Mitchell
Nicki Mitchell
Partner
Jones Myers

I welcome the news that The Competition and Markets Authority (CMA) is to investigate claims of people being misled about the process and prices of divorces and wills by online firms.

The enquiry into the growing number of online services – many of which are unregulated and include  those offering divorce – comes after a raft of complaints from consumers who were unclear about what help they would receive -and exactly what they were paying for.

Their grievances included ‘inadequate quality’ with incorrect forms being used and papers being sent to court late.

Delivering a quality service and being open about the costs and level of support involved is always vital, particularly in these sensitive and often stressful areas.

When they see the word “divorce,” most couples understand that to mean not only the process of dissolving the marriage or civil partnership – but getting a financial settlement and resolving any issues around children too.

My experience is that the fixed fee quoted online by some organisations just brings the relationship to a formal legal end – something which divorcing couples can do relatively easily themselves online. This process does not take much time and the only cost involved is the £593 court fee.

When working with established family lawyers like us, aside from the court fee, there is often a minimal or even no charge for dealing with the online divorce process when we are instructed to advise on the financial implications.

Some firms also quote a fee for drafting an order to formalise an agreed financial settlement which can be helpful in some cases.  However, most separating couples have no real idea what their financial options on divorce are.

There is a common perception/misconception that everything is always split down the middle, but this is not necessarily the case.

The law requires there to be a settlement which is “fair in all the circumstances,” with first consideration being given to the needs of any children. A 50:50 split is not always “fair.”

The only way to understand what a court is likely to consider acceptable in your particular circumstances is to take advice from an experienced family lawyer.

There is a cost but, in most cases, you get what you pay for – a quality service from qualified family lawyers whose firms are regulated and transparent.

As part of the CMA investigation, consumers and others who would like to contact the CMA about their experiences with online services and regulated firms are asked to contact the watchdog by September 4 on this website.

If the watchdog’s investigation determines that organisations have violated consumer laws, those found wanting could be subject to a court order.

I sincerely hope the outcome will act as a deterrent to prevent more people falling prey at a time when they are at their lowest and most vulnerable.

For progressing divorces online, the Government website is a helpful source of advice.

Read more articles by Nicki Mitchell.

About Nicki Mitchell

Nicki is a partner at Jones Myers Family Law Solicitors. With extensive experience in family law, Nicki specialises in the financial aspects of relationship breakdown – and particularly complex cases involving family businesses, multiple properties, and complicated pension arrangements.

Skilled in mediation and collaborative family lawyer, Nicki is also a Child Inclusive Mediator which enables her to meet with children of separated parents and hear what they want for their future.

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How to Manage a Divorce When One Partner Will not Consent to it? Can the Divorce Still Proceed?
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How to Manage a Divorce When One Partner Will not Consent to it? Can the Divorce Still Proceed?

Published on
Joanne McDonald
Joanne McDonald
Associate
Furley Page

When the process for divorce was overhauled in 2022 with the implementation of the Divorce, Dissolution and Separation Act 2020, a major change was the removal of the ability of one person to “defend” a divorce, based on their view that the marriage had not broken down irretrievably.

Under the new procedure, even if the person receiving a divorce application (the “respondent”) does not want a divorce, the person who does want the divorce and made the application (the “applicant”) cannot be prevented from moving forward with it, save for in very limited circumstances. Consent and co-operation are no longer required to obtain a divorce.

Now the respondent can only dispute the proceedings based on technical issues, such as to challenge the jurisdiction of the court (which means that the person disputing the divorce doesn’t believe that the courts of England and Wales have the power to deal with the case and that it should be dealt with elsewhere), to argue about the validity of the marriage or civil partnership, or to assert that the marriage or civil partnership has already been legally ended.

When the divorce application has been served on the respondent (typically this means they have been sent the paperwork by email), they have 14 days to respond, or slightly longer if they live outside of England and Wales. A respondent can set out on this form an intention to dispute the divorce.

If a respondent wishes to dispute the proceedings, they must then send to the court an “answer” on form D8B saying exactly why they dispute the proceedings. This must be sent to the court within 21 days from the date on which their acknowledgement of service was due. At the time of writing, an “answer” cannot be filed via the online portal, so must be sent to the Court on paper.

Upon receiving an “answer” from the respondent, the court will, within 21 days, arrange a hearing for the judge to set out what further evidence is required to enable a decision to be made about whether the divorce can proceed. Once the court has that evidence, a further hearing will take place and unless an exemption applies, it will do so in open court, which means the hearing is open to the public and press to attend.

Given the limited circumstances in which a divorce can be disputed now,  that situation is rare so specialist legal advice should be obtained.

More common than disputed proceedings are those in which a respondent simply fails to acknowledgement service of the divorce application on time, which can lead to a delay in progress. If a respondent does this, an application can be made by the applicant to “deem service”. The effect is that the Court will confirm it is satisfied that the respondent has received the divorce application and the applicant will then be able to progress the divorce without any involvement by the respondent.

Read more articles by Joanne McDonald.

About Joanne McDonald

Joanne joined the Family law team at Furley Page as an Associate in October 2021.  Joanne is a member of Resolution for Family Law and adheres to a Code of Practice promoting a constructive approach to the resolution of family matters.

Joanne has always had a passion for family law and demonstrates this through her commitment to clients. She understands that the breakdown of a relationship can be distressing and strives to ensure that clients feel supported through the process. As well as relationship breakdown, Joanne advises clients prior to marriage in respect of nuptial agreements and clients who are making the decision to cohabit with a partner and want to ensure clarity of future arrangements.

Contact Joanne McDonald, Associate Solicitor in Furley Page’s family law team on 01634 828277 or email JLM@furleypage.co.uk.

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Step-by-Step Process to No-Fault Divorce in the UK
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Step-By-Step Guide to No-Fault Divorce in the UK

Published on
Chris Sweetman
Chris Sweetman
Director
Fair Results

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

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

Understanding No-Fault Divorce

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

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

There are various advantages to a no-fault divorce:

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

Eligibility Criteria

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

Residency Requirements

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

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

Duration of Marriage

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

Mutual Agreement

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

Grounds for No-Fault Divorce

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

Preparing for the Divorce Process

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

Gathering Necessary Documents

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

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

Seeking Legal Advice

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

Understanding the Financial Implications

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

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

Considering the Impact on Children and Family

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

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

Setting Realistic Expectations

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

Creating a Support System

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

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

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

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

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

Step 1: Preliminary Considerations and Preparations

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

Step 2: Filing the Divorce Application

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

Step 3: Serving the Divorce Papers to the Other Party

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

Step 4: Responding to the Divorce Application

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

Step 5: Negotiating Settlements and Agreements

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

Step 6: Applying for the Decree Nisi

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

Step 7: Applying for the Decree Absolute

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

Note: Attending Court Hearings (if necessary)

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

Post-Divorce Considerations

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

Financial Planning After Divorce

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

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

Co-Parenting Arrangements

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

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

Updating Legal Documents

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

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

Focusing on Personal Growth & Wellbeing

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

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

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

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

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

More articles by Chris Sweetman.

About Chris Sweetman

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

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

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Perception is everything in a court process - being open is always the best option.
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Perception is Everything in a Court Process – Being Open is always the Best Option

Published on
Peter Marples
Peter Marples
Director
Fair Result

Whilst 80% of our cases never see a formal Court process in the context of a FDA, FDR or Final Hearing there are always a few where the Court get’s involved. Never the ones with the most assets to argue about but more often than not truth a total absence of trust between the two parties.

The further down a court process you go, not only is it more expensive but you start to lose control of the outcome. So our motto is always to endeavour to settle your finances without a Judge getting involved.

We have unfortunately been engaged recently in more and more complex cases – very complex, not because the issues are actually complex but because one or both parties decide they want to be economical with their answers to questions or simply don’t want to disclose matters which they believe they an ‘blag’ away and it will never become uncovered. Our job as professionals is to read our clients behaviours and whilst we will always follow instructions we are not frightened at challenging them. Why ? – because If they aren’t truthful or transparent with the information and documents they provide it is more often than not because they want to hide something. Unfortunately very few clients are able to do this and the risks to them are significant.

Judges are there to look at the characters in the case as much as the information in front of them. They inevitably form judgements and an initial perception is one that often sticks in the mind of the judge as easily as it does with us – whether it is our client or indeed the spouse in the case. The biggest risk to an equitable settlement when the Court gets involved is not the numbers themselves, it is how the Judge considers the parties in the matter, whether they come across as credible and honest or do they try and dodge the questions in disclosure. Faced with this perception – it is difficult to overcome and if negative be aware the Court may just find against you when they are formulating directions and ultimately in a final hearing the division of assets. Remember the principle that a claimant should not benefit from being less than honest or open in their dealings with the Court. If a judge considers this, they are perfectly within their rights to find in favour of the opposing party and you might be left with a settlement that is not at all satisfactory. You are then on the back foot as we often say.

So the motto is to be open – it is always the best option because in protracted proceedings, things will be found out and it is our role to probe and press on what we find to the benefit of our clients. Don’t let the Court form a perception of you as someone who is less than open because the likely result is a settled that will not be one you are happy with.

The best solution is to settle matters outside of the Court process. We are focussed on doing just that – that is why over 80% of our cases settle without Court intervention.

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

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Ending a Civil Partnership or a Marriage: What are the Differences?
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Ending a Civil Partnership or a Marriage: What are the Differences?

Published on
Alexandra Bishop
Alexandra Bishop
Senior Associate
Kingsley Napley

Civil partnerships were first introduced in the Civil Partnership Act 2004 as a way for same sex couples to have their relationships legally recognised. Since 2019 couples irrespective of sex have been able enter into a civil partnership.

There are no real differences when ending a civil partnership or a marriage, or at least there are very few variations. This seems right given the context in which civil partnerships and same sex marriage came into play – to ensure the equal treatment for men and women regardless of sexual orientation to enter into a legally recognised partnership. This same equality and non-discrimination is reflected in the legal process to end a civil partnership or a marriage and the same legal and financial protection is given to couples when a marriage or civil partnership comes to an end.

Disappointingly, the law that protects those in legally recognised relationships is currently still lacking when it comes to protection for cohabiting couples where there is only a limited ability to make financial claims. As such there is a very real difference between ending a civil partnership or a marriage and ending a relationship that is not legally recognised.

Terminology

In England and Wales, aside from a difference in terminology (if you want to end a civil partnership you apply for a dissolution and if you want to end your marriage you apply for a divorce), the rules and the process for dissolution and divorce are the same.

If parties who are married or have entered into a civil partnership in England are seeking to divorce abroad, however, it is important to take specific advice in that jurisdiction. Whilst opposite sex marriage formed in England and Wales is recognised worldwide, civil partnerships and same sex marriages are recognised in some countries but certainly not all. It will very much depend on the jurisdiction where a couple intends to divorce as to whether that country recognises a civil partnership and as to the rights such couples might have under local law, regardless of the clear position in England.

The process for obtaining a divorce or dissolution

Since the introduction of “no fault” divorce on 6 April 2022 when The Divorce, Dissolution and Separation Act 2020 came into effect, the person applying for a divorce or dissolution only has to confirm within the divorce application that the marriage or partnership has broken down irretrievably and no supporting facts or evidence are required. This welcome change has allowed couples to end their marriages jointly and has removed the need for either party to blame the other for the breakdown of the relationship.

The process now takes place online via a court portal. If both parties agree to a divorce or dissolution then a joint application can be made. Alternatively, if just one party agrees to a divorce or dissolution then a sole application would be made. However, parties can only make the application once they have been married or in a civil partnership for over a year. The next stage of the divorce or dissolution is the application for a conditional order (the first stage of divorce and dissolution) which can be made 20 weeks after the application was issued. Once the conditional order has been pronounced there is a minimum timescale of six weeks and one day before the applicant can apply for a final order (for married couples) and a dissolution order (for couples in a civil partnership), which legally ends a marriage or partnership.

There is a very slight difference in the grounds required to annul a marriage compared to a civil partnership. Annulment is a different way of ending a marriage or civil partnership. Unlike divorce, either party can apply for an annulment in the first year of marriage or a civil partnership, although there needs to be very specific reasons for this. Annulment is very unusual. One of the grounds to be able to annul an opposite sex marriage is that a marriage has not been consummated since the wedding, although this does not apply to same sex marriage or civil partnership. Another reason a married couple could annul is because the respondent had a sexually transmitted disease when they married and the applicant was unaware of it at the time. Again this is not a valid reason to annul a civil partnership. 

Resolving the finances upon a divorce or dissolution

Married couples and couples in a civil partnership have the same financial claims upon a divorce or dissolution under the Matrimonial Causes Act 1973 and the Civil Partnership Act 2004.  There is no difference in the application of the law in determining a fair and reasonable financial settlement upon a divorce or dissolution. In the context of these financial proceedings, the court has the powers to make the following financial orders: property adjustment orders (transferring properties between spouses or civil partners or a sale of the assets), lump sum orders, pension orders (sharing a pension with your spouse or civil partner) and periodical payments (payments made from one spouse or civil partner to the other to provide income support).

Although the nature of civil partnerships and marriages in terms of their meaning and historical context are very different and couples may have strong reasons for choosing marriage over a civil partnership or vice versa, the legal protections afforded to these couples and the process for ending these relationships are essentially the same.

Read more articles by Kingsley Napley LLP.

About Alexandra Bishop

Alexandra is a Senior Associate in the Family and Divorce team at Kingsley Napley, with experience of all types of private family law work relating to both finances and children.

Alexandra offers practical and realistic advice and provides excellent care for her clients, working through technical legal problems pro-actively to achieve the best possible result.  She has been recognised for her work in Legal 500 2019, one of the leading legal directories in the UK.

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No Fault divorce is a good start - but what more can be done to support children whose parents are separating?
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No Fault Divorce is a Good Start – But What More Can Be Done to Support Children Whose Parents are Separating?

Published on
Matt Buttery
Matt Buttery
CEO
Triple P UK & Ireland Ltd

Before 2021, couples seeking divorce risked getting caught up in a blame game, unable to separate unless one party was deemed to be at fault. Now, through ‘no- fault’ divorce, the first major reform to divorce since 1970, couples are able to separate more amicably, without finger pointing and conflict.

The implications of this for families, and in particular children, are significant. In a 2018 YouGov poll, 79% of respondents agreed that conflict arising from divorce negatively affects children’s mental health. By allowing parents to admit the marriage has simply run its course, children feel less torn between the two, without the pressure of taking sides with the parent who has been ‘wronged’.

But the legal system is still not perfect for families, and support for the children of separating parents continues to fall short.

With half of all children coming from separated households, and the effects of divorce on children well cited, it is crucial that we ensure the system works in the best way possible to help children grow up happy and healthy.

Recently, the Government suggested that mediation becomes mandatory in all suitable low level family court cases, excluding, of course, those including allegations or a history of domestic violence. This, alongside the current MoJ consultation, will help the legal system improve to better protect children from witnessing their parents work out family disputes in court. But there is still more that can be done to diffuse proceedings and reduce the conflict involved.

One of the biggest changes we all need to address is in language. Language matters – 99% of family professionals said small changes in language used in the divorce proceedings could make a big difference to a child’s experience.

This is because lots of the vocabulary used currently furthers the animosity between parents by pitting them against each other. Words such as ‘battles’, ‘versus’, ‘fight’, ‘opponent’, ‘dispute’ and impersonal references to ‘the child’ are not conducive to nurturing collaborative solutions.

Making the language softer, by using first names for example, shifts the discussions towards finding a joint solution that is best for the whole family. This is something the Family Solutions Group have been calling for, a campaign we are firmly supporting.

At Triple P, this is something we are conscious of too – our programme to support parents going through separation and/or divorce is purposefully named ‘Family Transitions’, helping the couple understand their divorce as a familial change, and not as a fracture.

Language and communication are of course important between family members as well. It is imperative for the way children process a separation, that parents are offered support. This is an upsetting time for the couple and it can be hard for them to know how to communicate what is happening with their family. Evidence-based parenting programmes that focus on family communication and co-parenting help parents develop the skills to resolve conflicts with former partners, as well as supporting their child(ren) and helping to build a new family identity.

By helping children understand as much as possible about what is happening, you help them process the situation and reassure them they are still important and loved. Not only this, a strong relationship between parents post-divorce will help them co-parent effectively after the separation.

Programmes such as Family Transitions work, and support better outcomes for families.  The challenge is how to make them accessible to the number of families that might benefit.  Current investment by the Department of Work and Pensions into the Reducing Parental Conflict programme has gone some way towards this. However, we need more scalable routes such as remote and self-directed online versions of these programmes – and at the end of the day they all cost money to access.

One thought is to widen the scope of the Family Mediation Voucher Scheme to allow these vouchers to be spent on parenting programmes. We believe in the importance of mediation, but also know the emotional readiness to engage is critical to its success. Expanding the scope of the voucher scheme to allow attendance at an evidence-based co-parenting programme alongside mediation, will help to support parents, allowing them to better engage with the separation process. By making these vouchers accessible prior to the filing of the C100 too, mediation and parenting programmes will be genuinely helpful, rather than becoming a tick-box on the way to court.

The family courts are moving in the right direction, with the no-fault divorce and the shift to mandatory mediation being the latest successes for parents and children. But there are still changes that need to be made. For any child, the separation of their parents can be tough. We need to ensure that the process affects them as little as possible by taking the ‘battle’ out of it, and ensuring parents are supported with proven tools so that everyone is given the best chance to understand and adapt to the new family situation.

About Matt Buttery

Matt is the CEO of Triple P UK & Ireland and holds responsibility for the dissemination of the Triple P – Positive Parenting Program® across the UK and Ireland. He is a passionate advocate of using evidence-based practice to help families and communities develop strong, healthy relationships and resilience.

Matt has held various senior roles in the voluntary, statutory and private sectors. He has influenced and implemented health and social care policy across government and held senior positions in charities. He is an Honorary Associate Professor in Family and Parenting Practice and Policy at the University of Warwick, Chair of the Island of Ireland Parenting Network, and is a spokesperson on children and family issues, appearing in national and local media.

Matt previously fostered for over 10 years, and is a former Trustee of the UK National Academy for Parenting Practitioners (NAPP).

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Family professionals show support for the Family Solutions Group call to end the use of ‘battle’ language and the term ‘custody’ following a family separation. Taking the ‘fight’ out of family separation is long overdue to protect children.
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Call to End the Combative Language of Family Separation, on First Anniversary of No Fault Divorce

Published on
Helen Adam
Helen Adam
Chair
Family Solutions Group
  • Family professionals show support for the Family Solutions Group call to end the use of ‘battle’ language and the term ‘custody’ following a family separation. Taking the ‘fight’ out of family separation is long overdue to protect children.
  • Supported by the President of the Family Division, the FSG urges legal professionals to stop using adversarial terms and legal jargon in family separation proceedings.
  • 99% of professionals said the language legal professionals use affects separating clients’ mindsets and their behaviour.
  • 99% of professionals said that small changes in language could make a difference to a child’s experience following their parents’ separation.
  • Professionals say that the biggest obstacles to changing family separation language are habit, and client expectations.

The Family Solutions Group, backed by Sir Andrew McFarlane, President of the Family Division, is calling for a radical change in outdated and combative language used by lawyers, courts, media and wider public in cases of family separation. The call comes on the anniversary of the No Fault Divorce, (Divorce, Dissolution and Separation Act 2020), the biggest shake up in divorce law for more than half a century, which came into force on 6 April 2022, ending the need for separating couples to apportion blame for the breakdown of their marriage, helping them instead to focus on practical decisions involving children or their finances.

Sir Andrew McFarlane, President of the Family Division, addressing a Family Solutions Group event said:

“It’s blindingly obvious that the language we have been using is not appropriate and only goes to stoke the minds of those in a combative mindset, rather than direct them in a different way.”

“…this is not a custody fight, it’s a coming together of parents to work together to reduce the impact on their children and help them resolve their issues about the arrangements for their children, in as low a temperature as possible.”

“And bit by bit the penny is dropping. The language is important. I want to do all I can to bring about a change in the way we use language in the court.”

The Family Solutions Group, set up by Sir Stephen Cobb in 2020, say that battle-stoked language and words like ‘custody’, ‘dispute’ and ‘versus’ can heighten conflict between parents, and can have a long-term negative impact on children caught in the middle. They argue that a simple change in the language of family separation away from adversity and battles, towards safety, wellbeing, and child welfare could improve outcomes for parents and their children.

The Family Solutions Group’s call for change is informed by recent polls of over 400 professionals to find out which words are most harmful and helpful, plus a survey completed by 228 professionals.

  • The Family Solutions Group survey found that a majority (99%) of professionals said that the language legal professionals use affects separating clients’ mindsets and their behaviour, and that small changes in language could affect a child’s experience following their parents’ separation.
  • Professionals were asked whether a move away from legal jargon to plain English in client correspondence and case paperwork could improve outcomes and reduce conflict: 86% strongly agreed and 14% said it might have a positive impact.
  • 98% said that using clients’ first names, rather than words like ‘Applicant’, could also make a difference.
  • Professionals cited the biggest barriers to changing family separation language were: habit 50%, client expectations 22%, vested interests 10% and 5% apathy.
  • Over 400 professionals working with separating families, including mediators, barristers, solicitors, judges, family legal advisors, Cafcass, parent coordinators, relationship therapists, contact centres and clinical psychologists attended three workshops in January, February and March and contributed to polls about language.
  • The words custody, dispute, contact, versus, rights, battle and opponent were thought to be the most harmful and damaging, and their continued use sets the tone for acrimonious parental separation and child arrangements. Specifically, stopping using the word “versus” in court headings, like in the high-profile 1979 Kramer vs. Kramer film, could remove the “battle” element.

The phrase ‘custody’ dates back from another era and is loaded with inappropriate connotations of possession and property.  This was removed from the law by The Children Act 1989 and yet 30 years on it is still widely used across media, social media and by the public.

It’s shocking that harmful terms like ‘custody’ are still commonplace in our society and the media, despite every effort to remove them. The ‘fighting talk’ so often used in the context of family separation sets parents against each other, escalating family problems and putting children at risk.  A ‘custody battle’ suggests a tug of war between parents for the control of their child, with parents pulling against each other. Not only is this 30 years out of date, but it’s harmful to children, unhelpful for parents and ultimately damaging to society.”

In these days of increasing awareness of the impact of language upon minority groups, it is extraordinary that there is such a blind spot over the impact of language on families who separate.  The simple truth is that fuelling aggression and battles between parents increases the risk of harm to their children. Our language should reflect a problem-solving approach rather than stoke the fire of a battle.”

It’s clear from our workshops and survey that it’s time for a major culture shift in our language, as people understand the impact on children. There is now a groundswell of support among family law professionals to dial down their language, replacing adversarial and battle-laden terms with forwards-looking and solutions-focused language.  This is all about protecting child welfare which, under the Children Act, should be our paramount consideration.”

We are grateful to the President of the Family Division for highlighting this important issue and leading the call for change.

The Family Solutions Group is marshalling widespread support across all family legal sectors in calling for the end to the use of unnecessary hostile and combative language in family separation.

About Helen

Helen read law at Cambridge and qualified as a solicitor in 1990. Her legal career started with a leading private client practise in London, and she then moved to a High Street practise to broaden her experience. Following a career break she decided not to return to work as a solicitor, limited to representing one parent, and in 2007 retrained as a mediator. She is a founding Partner of Wells Family Mediation and works with clients online, and in person in Tunbridge Wells and Central London.

Helen is one of the foundation trainers for the Family Mediators’ Association and also a Professional Practise Consultant and a Child Consultant. She is an advocate of bringing the voice of the child into mediation and expects age-appropriate children to be offered the opportunity to be consulted.

She promotes an integrated approach to mediation and, as well as working with other professionals within mediation, encourages her clients to seek legal, financial, personal or parenting support outside of the mediation meetings.

Helen is also involved with family policy work. She was the mediator representative on the Private Law Working Group and in 2020, was invited to set up and chair the Family Solutions Group. It’s report “What About Me?“, focusing on the needs of the child following family separation, was published later that year. Helen continues to chair the Family Solutions Group and their paper “Language Matters” was published in September 2022.

Helen is a regular speaker on the need to reframe support for families following separation to be less adversarial and more child-focussed. She delivered the John Cornwell memorial lecture at the Family Mediators’ Association Conference in 2021, and the Bridget Lindley memorial lecture at the Family Justice Council Conference in 2022.

Helen was awarded ‘Family Mediator of the Year’ and ‘Child-Inclusive Mediator of the Year’ at the National Mediation Awards in 2022.

Helen’s clear and unshakeable professional goal is to support parents, where safe to do so, to handle their separation in a way which enables them to cooperate as parents for the years ahead, to the lasting benefit of their children.

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Will Compulsory Mediation Protect Children from Courtroom Conflict?
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Will Compulsory Mediation Protect Children from Courtroom Conflict?

Published on
Nicki Mitchell
Nicki Mitchell
Partner
Jones Myers

Thousands of children could avoid seeing their parents embroiled in bitter, lengthy, and costly courtroom conflicts following a proposal to make mediation compulsory for separating couples.     

We wholeheartedly welcome the Government’s plan for separating couples to undertake mediation with a qualified mediator like myself to agree key issues such as arrangements for children and financial settlements.

The proposal, which aims to overhaul the family justice system, would apply to all suitable low-level family court cases. It would not include cases involving claims of, or a history of, domestic violence. 

Going to Court would be a last resort if parents are unable to agree a way forward.  

We have witnessed time and again the detrimental, and sometimes long-lasting, impact that contentious courtroom disputes among warring parents can have on children’s physical and mental well-being.

Mediation can help separating couples to find an agreed way forward in a constructive, positive manner which prioritises children’s well-being and helps the long-term interests of all those involved in the break-up.  

A qualified Mediator helps couples to discuss issues confidentially and find workable agreements more quickly and cost effectively. Giving couples control over their divorce, mediation can be completed in several meetings over a few months or, in some case, weeks.     

Going to court is entirely different. If separating couples are unable to reach an agreement, a judge, who doesn’t know them or their children, will decide how their financial assets will be divided. The judge – or Magistrates – will also determine how much time each parent spend with their children and that decision is legally binding.

The compulsory mediation proposal is undergoing a 12-week consultation. More information can be accessed here.  

Another positive move for separating couples sees the Government extending the Family Mediation Voucher Scheme until April 2025.  

Since being launched in March 2021 in response to Covid-19, over 15,000 families have benefited from the publicity funded initiative which gives them vouchers worth £500 for mediation to help resolve their disputes. 

To find out if you qualify for the scheme, visit  Family Mediation Voucher Scheme – GOV.UK (www.gov.uk).

Read more articles by Jones Myers.

About Nicki Mitchell

With extensive experience in family law, Nicki specialises in the financial aspects of relationship breakdown – and particularly complex cases involving family businesses, multiple properties, and complicated pension arrangements. 

A skilled mediator and collaborative family lawyer, Nicki has recently further enhanced her extensive expertise by becoming a child-inclusive mediator. The accreditation enables her to who meets with children of separated parents and hear what they want for their future.

About Jones Myers

Jones Myers is a niche, multi award-winning family law firm based in Leeds, Harrogate, and York

The practice, founded in 1992, has retained its Family Law Firm of the Year North title in the Family Law Awards across 2020-2022 for its outstanding quality of service to clients.

For over two decades the firm has been consistently ranked in a joint Top Tier position by the Legal 500 and Chambers guides alongside national practices.

The Financial Remedies Department acts for clients on divorces, pensions issues, trust work and pre-and post-nuptial agreements.

The Children’s Department delivers every aspect of public and private children law. Managing national and international issues, it specialises in private residence and contact disputes, care proceedings, adoption work, special guardianships, relocations, and education matters.

Jones Myers lawyers are acknowledged leaders in their field and include mediators, collaborative experts, and an in-house barrister.

Email: info@jonesmyers.co.uk 

Locations: 

York

The Quadrant, Bootham Row YO30 7BP, Tel: 01904 202550

Leeds

8 St Pauls Street, Leeds, Leeds, LS1 2LE, Tel: 0113 246 0055

Harrogate 

5 Victoria Avenue, Harrogate, HG1 2PW, Tel: 01423 276104

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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?

Published on
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.

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Proposed surrogacy reforms in the UK.
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Proposed Surrogacy Recommendations and the Impact on Divorce

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Natalie Sutherland
Natalie Sutherland
Partner
Burgess Mee Family Law

The Law Commissions’ new surrogacy recommendations, which include a specific new pathway to enable intended parents (IPs) to be their child’s legal parents from birth, provided the eligibility criteria and pre-conception safeguards are met, will have a significant impact not only for the child, but for the intended parents.

Currently, the IPs are not the child’s legal parents until the Parental Order is made, which can be many months from the birth of the child, leaving the child in a legal limbo. Also, often only one of the IPs is the biological parent, often leaving the non-biological parent more vulnerable. There have been cases where the IPs have split up before the Parental Order is made and this has thrown into question whether the eligibility criteria of a child having its home with the IPs both at the time the application is made and at the time the order is made, is met.

Whilst Judges have been able to purposively interpret the meaning of ‘home’ to enable separated IPs to continue to apply for a Parental Order together, if the new recommendations are made law, then this limbo is removed, and both IPs can be certain that they will be legal parents from birth. In any subsequent divorce or separation, the court would treat them as equal legal parents, just as other any other separating parents.

Click here for more articles about Children and Divorce.

About Natalie

Natalie Sutherland heads the Modern Families Department at Burgess Mee Family Law. She is a partner specialising in surrogacy and fertility law, she advises on the whole spectrum of family law issues.

She is a Resolution accredited specialist in private children law and high-net-worth financial remedies. She has won several awards including

Get in contact today:

  • Email
  • Call – 0203 824 9957
Next Generation Partner.
Natalie Sutherland
Next Generation Partner
The Legal 500 UK 2023
Family Law Partner of the Year
Natalie Sutherland
Family Law Partner of the Year
Family Law Awards 2022

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The latest updates on the Capital Gains Tax Legislation UK.
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Capital Gains Tax Changes 2023 – What to Expect

Published on
Peter Marples
Peter Marples
Director of Fair Result

On the 20th of July 2022, the government announced their plans to change the rules that apply to the transfer of assets between spouses and civil partners who are in the process of separating. The changes will be in effect from the 6th of April 2023.

The new Capital Gains Tax (CGT) measure aims to make the process fairer for those who are separating or divorcing and are in the process of distributing assets.

This article will provide detail about the CGT measure, the proposed changes, and its impact.

What is the Capital Gains Tax measure, in relation to separation and divorce?

This measure makes changes to the rules that apply to transfers of assets between separating spouses and civil partners. It gives the individuals up to three years to make no gain / no loss transfers of assets between themselves, when they cease to live together and unlimited time if the assets are in the process of a formal divorce agreement.

In addition, the measure introduces special rules which applies to individuals who have maintained a financial interest in their former family home, following a separation, and this applies when that home is eventually sold.

The objective of the measure is to make the CGT rules fairer for spouses and civil partners who are in the process of separating. It gives them more time to transfer assets between themselves without incurring a large CGT bill.

The proposed changes to Capital Gains Tax

A background to the proposed changes

The Office of Tax Simplification (OTS) highlighted in its second Capital Gains Tax report in 2021 that “the government should extend the ‘no gain no loss’ window on separation to the later of:

  • The end of the tax year at least two years after the separation event.
  • Any reasonable time set for the transfer of assets in accordance with financial agreement approved by a court or equivalent processes in Scotland.”

The government responded to this on the 30th of November 2021 and agreed that the ‘no gain no loss’ window on divorce and separation should be extended.

The proposal

The legislation will be introduced in the Spring Finance Bill 2023, which will provide the following:

  • Separating spouses or civil partners to be given up to three years after the year they cease to live together in which to make no gain / no loss transfers.
  • The no gain / no loss treatment to also be applied to assets that separating spouses or civil partners transfer between themselves during the formal divorce agreement.
  • A spouse or civil partner who maintains an interest in the former matrimonial home to be given an option to claim private residence relief (PRR) when the property is sold.
  • Individuals who have transferred their interest in the former matrimonial home to their ex-spouse or civil partner and are entitled to receive a percentage of the proceeds when the property is eventually sold, be able to apply for the same tax treatment to those proceeds when received that applied when they transferred their original interest in the property to their ex-spouse or civil partner.

What is the impact of these changes?

The latest measure will make it fairer for spouses who are going through divorce or separation and are in the process of distributing assets between themselves.

This measure is anticipated to create a positive impact on individuals, by extending the period of time available to give separating couples at least three years to make a no gain / no loss transfer between themselves for CGT purposes. It will especially benefit those who are involved with more complex proceedings, as it means that more time can be spent on the divorce proceedings and other considerations, rather than CGT.

In addition, the extension will help avoid further reduction of household income or existing accumulated household wealth through dry tax charges for those who meet the new time period. There will also be similar benefits for those who are transferring assets between themselves that are listed in a divorce or separation agreement.

Summary

As announced in July 2022, the government will be making changes to the rules that apply to the transfer of assets between spouses and civil partners who are in the process of separating. The anticipated impact of the CGT changes is meant to be positive, as it makes the separating / divorcing process fairer and provides additional time to make a no gain / no loss transfer. The changes will take effect for disposals made on or after the 6th of April 2023.

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

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