divorce process uk - Page 8

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

Published on
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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Divorce law reform

A Campaign for Divorce Law Reform is Backed by Leading Lawyers

Published on
Lauren Jodrell
Family Solicitor

“Unjust and outdated” is how the Times newspaper described the UK’s current Divorce laws.

The newspaper has recently begun a campaign to reform the current system to bring it in line with modern day society. The campaign is being backed by several leading lawyers and judges.

The campaign is suggesting the government implement the following changes:

  • Making pre-nuptial contracts legally binding. At present they are non-statutory and although a family law judge may consider the content of a pre-nuptial agreement during divorce negotiations, they are not legally obliged to do so which can lead to further uncertainty and bitterness when marriages fail.
  • Despite this been the fastest growing family type in the UK the current law does not provide any legal rights for people who cohabitate and choose not to marry. If the relationship fails or one of the partnership dies then there is no legal protection. The Times is campaigning for legal rights for long term cohabitees.

Chairman of the Marriage Foundation, Paul Coleridge, said: “We must urgently do something about the laws on marriage and divorce. These are no longer fit for purpose.”

“Our chief concern is to address the impact of the breakdown of relationships…particularly where there are children. These breakdowns have devastating consequences for both adults and children that can last for decades.”

So far, the government has not given any indication that it is prepared to consider change and has rejected similar calls in the past.

However with major media group like the Times campaigning for reform alongside many other family law groups such as Resolution, then maybe now they will sit up and take notice.

Click here for more articles by Grindeys Solicitors

About Lauren

Lauren Jodrell is a solicitor who deals with all areas of family law, including divorce, financial negotiation and matters relating to children. She was trained and qualified in a Birmingham based firm, however, she was raised in Stoke on Trent and was keen to return to her roots and so joined the family law team at Grindeys in 2015.

She prides herself on being friendly and approachable as her clients are often going through a very difficult time in their life. She also appreciates the need to deal with matters as swiftly and as cost effectively as possible.

Her aim is to try and settle matters out of court, as this is cheaper and less traumatic for the disputing parties, but should your matter need court intervention you can rest assured that Lauren’s keen interest in advocacy will see you well represented.

Lauren is a member of both the Law Society and Resolution. Membership of both organisations requires a high level of continuous professional development and a commitment to exceptional client care.

Email: Lauren.Jodrell@grindeys.com

 

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How the Divorce Process Works

How the Divorce Process Works

Published on

Did you know that getting divorced, separating finances and making arrangements for children are actually separate legal processes?

If not, then you’ll want to know how it all fits together and which steps to take when.

The team over at MyLegalAdviser has put together a handy infographic called “How the Divorce Process Works“, showing all the steps you’ll need to take when getting a divorce and sorting out finances and children.

 

How the Divorce Process Works

 

About MyLegalAdviser

MyLegalAdviser is an online legal marketplace making it easy for clients to find a lawyer. Clients post a job for free on our site and within hours we match them with the best quotes from the hundreds of rated lawyers on our service.

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Managing your Finances after Divorce

Managing your Finances after Divorce

Published on
Claire Trundley
Partner HCB Solicitors

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

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

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

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

Prepare a Budget & Plan of Action

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

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

Review Bank Accounts

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

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

Deal with Debts

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

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

Save More

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

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

Sort Mortgage, Rent & Utilities

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

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

Make or Update Your Will

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

About Claire 

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

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

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Start the Divorce Process

How to Start the Divorce Process

Published on
Women and Divorce
Wendi Schuller
Author of
The Global Guide to Divorce

In April 22nd, 2014 a change was made in Family Law to have a couple attend a mediation information and assessment meeting (MIAM) to see if mediation is a viable option for them as a divorce process and as a possible way of avoiding court altogether.

A mediator can put in writing that a couple attend a mediation interview, but are choosing litigation instead.

During divorce, a judge may send spouses to mediation to negotiate just one aspect of it, such as child arrangements or finances. A mediator does not provide legal advice, even if he/she is a solicitor.

One can obtain the required divorce forms to apply for divorce from the court. The clerks will give out the correct forms but do not dispense legal advice. The Ministry of Justice website www.justice.gov.uk also has the necessary forms.

The Citizens’ Advice Bureau (CAB) is able to give some generic advice or steer one to a specialist who can be of assistance. CAB has an informative web site www.citizensadvice.org.uk.

There are various online divorce kits for simple divorces. It is still prudent to have a solicitor check over these forms before submission. In Scotland the sheriff’s court has these forms and the CAB will assist you in filling these out.

Before starting divorce, you may want to ascertain that your name is on the house deed by contacting the Land Registry, if you are unsure. If it is only in your spouse’s name, then you can register your interest in the house. For a small fee, the Land Office can do a search for the title number and send you a form to show your rights to co-own the house.

Pre-divorce, speak to a solicitor first to make sure you are not doing anything to compromise a divorce. She may advise you not to move out of the marital home or other actions. She can prevent the other spouse from getting rid of community assets or liquidating a joint bank account.

Criteria for Divorce:

  • A couple must have been married for a year in England and Wales before a divorce petition can be filed.
  • In Scotland there is no minimum time to be married before initiating divorce.
  • In Northern Ireland the minimum time is two years before divorce proceedings.

Domicile is the country where one has an attachment or connection, such as by birth. It can be where you have a passport or your family resides.

One can be living abroad and still get a divorce in the UK. An English couple working in Los Angeles can still have their divorce proceedings through the English court, because they are domiciled in the UK. If the divorce is not contested (disagreed upon) then neither has to appear in court and their solicitors can handle the divorce from afar. Neither spouse can have filed in another country first.

Habitual residency is the place where you live and work. One does not have to have been born in that country, but now has long-term ties to that locale.

If a person from India has lived in London for many years, she is entitled to file to a divorce in England. It does not matter that she makes trips back to Delhi every year to visit family, because her life is in London. In England and Wales the minimum time of habitual residency before being able to initiate divorce is one year.

Jurisdiction is the geographical area that has legal authority to hear a case. If ones lives in Leeds that is the place where the divorce petition is filed, not in a different city such as Manchester. One initiates divorce where one lives or has domicile. This is the location where one has habitual residency.

Two Americans were studying in Cambridge and got married in this country. They lived in the Cambridgeshire area for three years before returning to the States.

After two years there, they decided to divorce. Even though they married in England, they no longer have habitual residency so would have to be divorced in the US. Had they decided to divorce before leaving England, they could have gotten a UK Divorce. They were married and had residency in England for over one year.

Getting Started with Divorce in the UK:  

In England and Wales, the person filing for divorce is the petitioner and in Scotland it is the pursuer. The other spouse is the respondent in England and Wales and the defender in Scotland.

The process of divorce commences when the petitioner files the divorce petition to the court. Included with the petition is:

  • Marriage certificate
  • Issues of divorce with one of the grounds
  • What you want to receive financially

How to start divorce processIf the couple has children then a Statement of Arrangements must also be sent which includes:

  • Where they now live and future visitation plans
  • Their school and any educational or after school needs
  • Any child support requested
  • Any disability or health requirements
  • A Parenting Plan may be attached

The spouse must formally be served these papers in one of these ways:

  • The court posts these papers to your spouse adding the Acknowledgment of Service You or your solicitor will be notified if they are returned back to the court as undeliverable.
  • A bailiff can serve the divorce papers directly to your spouse. A certain form is filled out and a fee is collected for this service.
  • One can pay a private processor to find the spouse and serve the papers.
  • In Scotland there is no Acknowledgement of Service sent to the defender (respondent) spouse. They receive the initial writ from the court containing the grounds for divorce, arrangements for children, and finances. If the other spouse disagrees with any of these, then they fill out a Notice of Intention to Defend form and return it to the court.

The respondent has a week to respond and to send an Acknowledgement of Service to the court verifying that it was received and contains the following:

  • If he/she consents to the divorce
  • Objects to anything in the petition
  • Agrees or disagrees with Arrangements for Children

The respondent has twenty-eight days to file an answer if he intends to defend (contest) the divorce. He can file a ‘’cross petition’’ if he feels that the marriage is over, but not for the reason that the petitioner stated in the divorce petition.

After the respondent returns the Acknowledgement of Service to the court, a copy is posted to the petitioner or their solicitor.

`The next step in the divorce process is the petitioner files an Affidavit with the court. This is a sworn statement that is done before another solicitor (not yours) or a court official which verifies that the signature on the Acknowledgement of Service form is that of your spouse. Also you confirm what is in the Divorce Petition is correct.

Both spouses fill out the incredibly detailed, twenty-eight page Form E or Statement of Means, and give it to the court and the other solicitor. If there is to be a court hearing, then Form E is to arrive thirty-five days ahead of time. This form is a disclosure of what one’s assets are and copies of financial records are attached to this sworn document. Mediation and collaborative divorce may use Form E to collect financial data.

Questions included in Form E or Statement of Means are:

  • Standard of living you had during your marriage and what you expect post-divorce
  • What debts you have and what is owned to you
  • Income needs for yourself and children residing with you
  • Lists of investments, bank accounts, pensions with account numbers, companies and amounts
  • Insurance with surrender value
  • Properties and their worth
  • Cars and other household assets and their value

In Scotland there is no Form E or formal disclosure document. When the spouses come to a financial agreement, the signed statement is registered in the Book of Council and Session in Edinburgh.

If there is a financial change of circumstance post-divorce, then an alteration to this agreement can be made. The Statement of Means or Form E, is not used in Northern Ireland, but rather the court asks for similar financial disclosure at the preliminary hearing.

A judge goes over the paperwork including the Statement of Arrangements for Children. If he does not have any questions and approves of the paperwork, then a Certificate of Entitlement to a Divorce Decree is issued. He posts a copy to the Petitioner giving the date of when the Decree Nisi will be issued.

No court appearance is needed for this provisional decree. The Decree Nisi is issued in the middle of the divorce proceedings. In Scotland there is no Decree Nisi.

The petitioner must wait six weeks and a day before the Decree Nisi is made absolute. The Decree Absolute is not issued automatically and must be requested.

This interim period gives time to work on any financial or child arrangements before the divorce is finalized. The spouses may be sent to mediation to negotiate either child or financial arrangements before the divorce is finalized.

If the petitioner does not apply for Decree Absolute within four and half months, then the respondent is free to do so. If neither has applied for this within a year, then a judge may mandate an explanation of why there was such a long wait. When the Decree Absolute is issued, then the divorce is finalized.

ABOUT WENDI

Wendi Schuller is a nurse, hypnotherapist and is certified in Neuro-linguistic Programing (NLP).

Her most recent book is The Global Guide to Divorce and she has over 200 published articles.

She is a guest on radio programs in the US and UK. Her website is globalguidetodivorce.com.

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Up to 50% of Divorce Applications are Being Rejected Due to Errors

Published on
Carmen Hudson (LLB) Director DivorceBox

It was recently reported that the governments flagship divorce centre was rejecting 50% of divorce applications due to errors made in the application form.

Divorce Centres were originally introduced as part of the courts move towards a centralised system for divorce in England & Wales and formed part of a larger project to make Family Law proceedings more accessible and less prohibitive for those individuals who engage with the family law process.

However, it would appear from the increased number of rejections that the system is not providing the improvements that the scheme envisaged.

So what can you do if you are completing a DIY divorce application to make sure that your application is accepted?

Below is a list of the main reasons that a divorce application would be rejected by the court/Divorce Centres.

Many of the reasons for rejection are due to simple errors that could be made by anyone. To help you avoid them I have also included my top tips for avoiding them.

 Top Tips

  • When filling in the details of where your marriage took place check that the names of the parties (you and your spouse) match those on the marriage certificate EXACTLY. Even if the marriage certificate contains a spelling error, write it exactly as it appears on the certificate when completing your application form. If it is not completed in this way the court will have no option but to reject and return your application.
  • Applications are also being return because many people are forgetting to sign and date their application form. This is easily done, I have seen qualified professionals have forms returned to them that are not signed and dated. My advice is to complete your application form and then leave it at least 24 hours before checking it for errors. If you can get a trusted friend or family member to also check it a second pair of eyes is always useful.
  • Failure to enclose the court fee £550 or a Help With Fee’s form.
  • Failure to enclose your marriage certificate. It’s easy to forget to enclose your fee and marriage certificate but the court can not do it’s job without these items. Failure to enclose what is needed is only going to cause delays and prolong a already stressful situation.

If you are an applicant making a DIY divorce application then the best advice that I can give you is to check, check and check again.

As with many things in life it is the simple things that make the big difference and simply checking your form or getting a trusted third party to check your form before submitting it is the easiest way to avoid any problems with your application.

* Bury St Edmunds, Information, gsi.gov on 13/03/2017

About Carmen

Carmen Hudson (LLB) is a director and head of legal of operations at DivorceBox.com a online legal service provider specialising in online divorce (e-divorce).

After 15 years in dispute resolution she founded DivorceBox to offer a less intimidating alternative to traditional legal services.

 

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What is Ancillary Relief or Application for a Financial Order

Published on
Daniel Rushton
Head of Family Law
Grindeys Solicitors

Technically, Ancillary Relief no longer exists.

It used to be the name of the application made by one party of a divorcing couple, asking the Court to resolve the financial issues relating to their marriage i.e. claims for capital, for spousal maintenance and against pensions.

This is now called an application for a financial order. People still refer to it as ancillary relief: ancillary meaning connected to divorce and relief as in to resolve the issues.

– More articles and definitions by Daniel Rushton here. –

ABOUT DANIEL

Daniel has over 20 years’ experience as a specialist family law solicitor. He is Head of the Family Law team at Grindeys Solicitors based in Stoke on Trent.

Daniel has a particular interest and experience in dealing with business owners, company directors and members of the medical profession in matrimonial situations. For this type of work a solicitor who understands your business accounts and business structure is vital to obtain the best financial settlement possible.

Recent cases include one involving an international business and extremely valuable assets and pensions, as well as property abroad. He has acted for numerous doctors and other medical professionals, council workers, police officers and serving members of the armed services. In twenty-three years, Daniel has dealt with all walks of life and will adopt a professional yet caring approach to your situation.

Email: daniel.rushton@grindeys.com

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