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Divorce and Separation Checklist
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Divorce and Separation Checklist

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

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

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

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

Seek early legal advice

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

Therapy/ counsellor

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

Try to keep things amicable

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

Living arrangements

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

Arrangements for children

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

Reaching agreements

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

Alternatives to court

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

Do not forget about pensions

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

Financial and tax advice

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

Wills

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

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

Read more articles by Emma Alfieri.

About Emma Alfieri

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

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

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

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

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

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

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

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

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

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

Understanding the Concept of Co-Parenting

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

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

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

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

Establishing a Parenting Schedule

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

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

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

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

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

Handling Decisions Related to Children

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

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

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

Managing Finances and Child Support

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

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

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

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

Maintaining Healthy Boundaries

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

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

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

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

Involving Children in the Process

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

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

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

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

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

Final Thoughts

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

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

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

Read more articles by Chris Sweetman.

About Chris Sweetman

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

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

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

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

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

Grounds for Divorce

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

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

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

Division of Assets and Finances

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

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

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

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

Child Custody and Parental Rights

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

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

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

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

Domestic Partnerships and Civil Unions

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

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

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

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

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

Discrimination and Sensitivity Concerns

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

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

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

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

Final Thoughts

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

Read more articles by Chris Sweetman.

About Chris Sweetman

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

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

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

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

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

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

Arranging visitation with the grandchild(ren)

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

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

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

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

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

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

Read more articles by Emma Alfieri.

About Emma Alfieri

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

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

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

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

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

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Pre Action-Protocol Encourages The Use Of “One Couple One Lawyer”

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

A pre-application protocol in family law financial remedy proceedings was published last week and it provides a very useful guide to the changes which the family courts will expect in family financial resolution proceedings.

The goal of the new family law protocol

The protocol sets out the main key steps every court will expect divorcing couples to take in relation to non-court dispute resolution (NCDR)

That is resolving the dispute other than through the court process and certainly making every attempt to resolve proceedings without ever having to start court proceedings the new protocol once again underlines the ever-present duty to make full honest disclosure and everybody involved in the proceedings will be required to comply with the terms of the new protocol even if they have not had professional legal advice.

The non-court dispute resolution process still recognises that full robust honest and transparent disclosure is an absolute prerequisite for both parties and it confirms that the use of the form E is still the best way for parties to exchange information.

In essence, both parties will still complete a form E even in the one couple one lawyer future world of financial divorce resolution.

Divorcing couples who obtain legal advice via the one couple one lawyer scheme can demonstrate that they have tried a constructive attempt to avoid contentious and costly court litigation by demonstrating that they have used the scheme in the first instance. Hopefully with sense and goodwill on both sides, many of the cases that lawyers once fought in and forced into court will no longer be necessary. But if it does become inevitable trying the one couple one lawyer approach in the first instance may protect you in relation to court costs moving forward.

The focus of this new approach is to move on to the process of resolving the financial dispute in an efficient and timely way and hopefully avoid the emotional toll on couples of the adversarial court approach. The guide goes on to stress that the one couple one lawyer approach should be conducted with minimum distress to the parties and in a manner designed to promote as good a continuing relationship between the parties and any children affected as possible in the circumstances.

The new approach also demonstrates the rising concern judges have expressed for a number of years now on the hugely escalating and disproportionate legal fees that have been shown to be on the increase year after year. It is simply not acceptable in our opinion nor in the opinion of the authors of the new protocol for the fees to be so disproportionate to the overall financial value of the subject matter of the dispute. Proportionality must always be taken into consideration and looking at the guide if the resolution is not achieved and court litigation is required the court will take into account when considering and if so to what extent to make an order for one party to pay the cost of the other party if they have been overly aggressive or litigious in their approach in the first instance.

Read more articles by Chris Sweetman.

About Chris Sweetman

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

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

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Family Mediation and ‘MIAMs’: Recent Rule Changes. Young people sitting in a circle and having a group discussion.
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Family Mediation and ‘MIAMs’: Recent Rule Changes

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

Mediation Information and Assessment Meetings (MIAMs) have been compulsory in Family Court proceedings since 2014.

MIAMs – What are they?

‘Mediation’ is a method of resolving disputes through an independent third party, known as a mediator. Their purpose is to assist parties in negotiating a settlement.

MIAMs are a meeting which considers and explains the potential benefits of mediation and other non-court dispute resolution (NCDR) methods. During this meeting, the mediator will provide an indication as to the method that would be most suitable to resolve the prospective applicant’s particular dispute. If you are looking to apply to the court to settle your divorce or separation issues, it is a legal requirement that you first attend a MIAM.

The Rules – What’s changing?

  1. MIAM Exemptions:

The courts are looking to update their rules around the obligations to attend a MIAM, and, from 29th April 2024, they will be introducing various changes to reflect this.

If a MIAM exemption applies, then a prospective applicant will not be required to attend a MIAM.

Previously, an application for a MIAM exemption could be accepted in the absence of any supporting evidence. The new Rules, however, require said evidence to be attached to the application.

The courts will make an initial inquiry into whether the exemption is valid, and this will be subject to an ongoing review. If an exemption is deemed invalid, the court may direct parties to attend a MIAM, and possibly adjourn proceedings for that purpose.

In these circumstances, parties are encouraged to engage with the MIAMs because the court will take parties’ conduct into account when considering whether to make an order for costs in relation to the proceedings.

Why?

A stricter approach to the MIAM exemptions means that it will be harder to avoid a MIAM. You may be asking, what are the benefits of this? Well, by exploring NCDR at an early stage, you might be able to (amicably) reach an agreement, and avoid both the time and money involved in issuing court proceedings. Early resolution can also aid in preserving relationships; this may be particularly important in cases where co-parenting is involved.

What else?

April 2024 also brings with it a new MIAM exemption. If a prospective applicant can provide written evidence that they have attended a NCDR process within the 4 months prior the date of the court application (in relation to the same, or substantially the same, dispute to which the proposed court proceedings relate), then an exemption applies. This will ensure that prospective applicants are not unnecessarily directed to attend a NCDR. ‘Written evidence’ is obtained once a NCDR provider has confirmed that the applicant has attended.

  1. An insight into parties’ attitude:

From 28th April 2024, the court is introducing a new Rule for those commencing either financial remedy proceedings or private law proceedings related to children. Applicants who fall within the relevant criteria must now file with the court, and serve on all parties, a form setting out their views on using NCDR as a method of settling.

Why?

The court has introduced this requisite to monitor and identify whether NCDR is a suitable alternative for parties. Requiring parties to record their views about NCDR on paper will encourage them to think outside of the box (or indeed the court room) and consider whether a resolution can be achieved through other means; the benefits of which have been briefly discussed above.

What can divorce experts do?

As well as supporting you in your Family Court proceedings, divorce experts can refer you to accredited mediators that are recognised by Resolution and the Family Mediation Council, to ensure you have the best chance of success at mediating your dispute.

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

Read more articles by Emma Alfieri.

About Emma Alfieri

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

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

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

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

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

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Child Arrangement Orders: All You Need to Know
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Child Arrangement Orders: All You Need to Know

Published on
Anthony Parrish
Anthony Parrish
Partner
Jones Myers

Child Arrangement Orders are a vital framework for promoting the well-being of children involved in relationship breakdown.

They are particularly important during emotionally challenging times such as separation or divorce, when relationships may be strained. This article shares some key insights on their role in divorce and separation.

What is a Child Arrangement Order?

A Child Arrangement Order is a legally binding order made by a court to establish who a child should live with and the amount of time they should spend with the non-resident parent or other family members, most notably grandparents.

If you are a parent, you can seek a Child Arrangement Order through the Court. Grandparents can also apply for such an order but firstly require the Court’s permission to do so. Such orders are commonly sought in cases where the parents have separated or when obstacles arise that prevent grandparents from having access to their grandchildren.

Why do I need a Child Arrangement Order?

There are numerous situations that may lead you to consider applying to the court for a Child Arrangement Order. They range from the need to establish specific arrangements for your child’s daily life to resolving disputes related to school holidays.

It’s important to recognise that each case is family specific, and seeking guidance from a specialist firm such as Jones Myers is strongly recommended to receive appropriate advice tailored to your specific circumstances.

What will a court consider when making a Child Arrangement Order?

When parties are unable to reach a mutual agreement, the court takes several factors into account which include the child’s best interests and considerations such as the child’s wishes and feelings, particularly when they are older. The court also evaluates the child’s physical, emotional, and educational requirements, as well as the potential impact of any substantial changes in their circumstances.

Additional factors taken into consideration include the child’s age, any known instances of harm or potential risks to the child themselves and the respective abilities of each parent to meet the child’s needs. These elements collectively shape the court’s decision-making process with the ultimate goal of safeguarding the child’s well-being.

Read more articles by Anthony Parrish and Jones Myers.

About Anthony Parrish

Anthony Parrish’s extensive experience in family law spans over two decades, during which time he has developed specialisms in matters relating to children law.

A member of Jones Myers internationally renowned Children’s Department, he deals with issues relating to children, teenagers, parents (including those represented through their official solicitor) and local authorities.

His expertise also encompasses international child abduction cases and same sex relationship issues.

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Understanding Your Financial Rights and Entitlements in Divorce
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Understanding Your Financial Rights and Entitlements in Divorce

Published on
Richard England
Richard England
Divorce & Family Law Solicitor
Woolley & Co Solicitors

When navigating a divorce, understanding your financial rights and entitlements is essential. The process of dividing assets and determining financial settlements is highly complex and varies significantly from one case to another. This guide aims to shed light on key considerations for those seeking a divorce and looking for financial advice.

Starting point for asset division

Typically, the initial approach to splitting assets in a divorce starts with a 50/50 division. However, this is just a baseline. Several factors may influence this split, including the length of your marriage, each spouse’s earning capacity, and both current and future financial needs. This complexity underscores the importance of early legal advice to achieve a fair settlement.

Understanding different assets

Assets like pensions, homes, businesses, and savings are all part of the equation. Each type has its considerations:

  • Pensions – Often the second-largest asset after the home, pensions can be divided in several ways, including sharing or offsetting against other assets. Accurate valuation is crucial, as is understanding the implications of accessing these funds.
  • Family home – There are various ways to handle the family home, from selling and splitting the proceeds to one party buying out the other or maintaining joint ownership until a set future date. The chosen method should consider other assets and overall financial needs.
  • Business assets – If a business qualifies as a matrimonial asset, it may need to be valued independently to ensure it is appropriately considered in the settlement. Options include offsetting its value against other assets, sharing ownership, or even selling the business.

Calculating a fair settlement

Reaching a fair settlement requires a detailed assessment of all assets. It’s crucial to get accurate valuations and consider debts as well as assets. The division isn’t always equal, as the needs, contributions, and future prospects of each party play significant roles.

Legal process and negotiations

If you and your spouse cannot agree on a settlement, the matter may need to go to court, where a judge will decide based on a broad range of factors from the duration of the marriage to the standard of living and contributions made by each spouse. However, settling out of court through negotiation or mediation is often less costly and less contentious, focusing on fair and amicable resolutions.

The role of legal advice

Given the intricacies of financial settlements in divorce, consulting with an experienced family lawyer is highly advisable. A lawyer can help clarify what you are entitled to and suggest realistic expectations based on your unique circumstances. They can also facilitate negotiations and help draft a consent order to make any agreed-upon settlement legally binding.

Next steps

If you are going through a divorce and need to understand your financial entitlements better, it is wise to start with a consultation. Legal experts can offer personalised advice tailored to your specific situation, helping you navigate the complexities of asset division with confidence. Remember, every divorce is unique, and professional guidance is key to securing a fair financial future.

For personalised advice and to understand more about your specific circumstances, consider scheduling a consultation with a family law specialist. They can provide comprehensive guidance and support throughout the divorce process, ensuring your financial interests are well-protected.

Read more articles by Richard England.

About Richard England

Richard England is a divorce and family solicitor with Woolley & Co based in Sutton Coldfield near Birmingham. He is also a fully qualified family mediator and has over 33 years’ experience in the legal profession and over 30 years specialising in Family Law. During that time, he has built an enviable reputation representing clients in the Midlands and surrounding areas he has also dealt with overseas clients on many occasions.

Richard has been named as a Recommended Lawyer for Family Law in the West Midlands in Legal 500, where they note he is “very clever” and has “a brilliant business mind” as well as being “very professional and also speaks normal language which is a huge advantage”.

Richard specialises in financial settlements on divorce and in particular, complex cases involving business interests, farms, family trusts and overseas assets. He also advises clients in respect of co-habitation and pre-nuptial agreements, living together agreements and also in cases involving children.

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Who Gets the Pets in a Divorce?
Photo by Krista Mangulsone on Unsplash.

Who Gets the Pets in a Divorce?

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

Is it always difficult for the parties and their family when going through divorce or separation, but what happens to the family pets?  This is a growing issue given that since the start of the pandemic many households in the UK have acquired a pet for the first time, and some have spent hundreds or even thousands of pounds on their pooches.

Pets are considered to be an asset and are classed in the same category as other valuable items like cars & jewellery. Ideally, separating couples should reach a mutual decision as to who retains the pets, but if that is not possible then what happens?

Some dogs are registered with the Kennel Club and therefore in this scenario one party will be able to prove they are the registered owner of the pet.  If there is no such record, other factors can be taken into account to try and determine who the owner is, such as who cared for the pet, who bought the pet, the owner name on any microchip or the name of the person registered with the vets.

Overall the parties would be encouraged to try and settle the matter between them, and ultimately focus on the pet, in terms of who will have the most time and resources to care for the animal, rather than focusing on their own needs. If discussions do not work then the parties could consider mediation to try and work through the issue (as well as any other outstanding issues which may be in dispute).

If the parties cannot reach agreement they would be entitled to apply to the Court to deal with the issue as part of the divorce proceedings (financial remedy) and the Court’s approach to the issue would be the same as for any other asset.  Although either party would be entitled to take the matter to the family court, unless the value of the pet is significant or there are other financial issues in dispute, the Judge would likely take a dim view of Court disputes regarding family pets. This is in light of the likely disproportionate legal costs and the limited resources of the Court.

If parties are unmarried then the advice would be that if agreement cannot be reached, either party may apply to the small claims court in the same way that they could seek to recover any other asset.

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

About Emma Alfieri

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

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

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

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

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

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New Beginnings with Divorce
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New Beginnings with Divorce

Published on
Wendi Schuller
Wendi Schuller
Dating Coach
Author of The Global Guide to Divorce

Divorce can be a catalyst for starting a new life – a chance to discover new interests and rediscover talents. Passions may have gotten put aside or buried in a turbulent marriage or divorce. Dust off the clarinet. Dig out your paint brushes. Get in touch with what you want to do with this new chapter in life.  For example, one recently divorced woman got back into her hobby of pottery. Now her lovely pieces are sold in various venues. Another person had dabbled in painting as a young adult. Post-divorce, she made this her full-time profession.  She is so happy and claims she owes this career change to her divorce.

Time to put yourself first

You may have put other people before you. Take care of yourself and do what you want to do. This means saying “No” to requests of your time and energy. No explanations are required. When you are over extended, you have less energy and your health can be affected. The stress of the divorce process is compounded when trying to live up to other’s expectations and doing too much. Nurture yourself during proceedings.  Set limits on your time in regards to helping others. It is harder to make a new beginning when bogged down with too many unnecessary obligations.

Take baby steps with change

Think about what you enjoyed in the past. What gives you pleasure now? How can you incorporate them into your life? Start by adding them into your schedule, the same as you do for appointments and work commitments. Put at least one fun or pampering activity in your calendar daily. Nurturing yourself helps lower your stress hormones, which makes it easier to try new endeavours .

Be open to opportunities

Consider taking a class which will benefit you professionally or personally. This can help initiate a new career path or different job. I took the opportunity to join Toastmasters when running into some of the members unexpectedly. This opened up doors to speaking internationally in fun locations.  Try new things when you have the opportunity. You broaden yourself and do not have to stick with anything for life. A friend offered me her drum set after my divorce. I took her up on it, and discovered a new passion. Take advantage of what comes your way.

A change of environment

Sometimes after an acrimonious divorce, moving away is what is needed to start over. Going back to the same cafés etc. where you went as a couple, can keep you rooted in the past.  A friend and his wife moved to a small town from London. After several years there, they divorced. Dylan felt that he could not escape her. Going to familiar places were a trigger for feeling her energy and not breaking free. He wanted a new life. Only when Dylan relocated and began a relationship with a lovely woman, was he able to start a new chapter in life.  New surroundings can be freeing from the past.

Break Free

Ask yourself what seems to be your stumbling block from having a new beginning. Even if something sounds bonkers, think about it. One man interviewed, said that his hair was a history to his past. After a horrible break up, he had all his hair cut off. He regrew it and feels no ties to his past and is living a new chapter. Do what it takes so you start anew.  Some people have changed their names post-divorce, not just the surname. Others have started new lives by going to retreats or an ashram. Travelling internationally and mingling with other cultures broadens one world and view point. This is what helped me have a new beginning and career.   Think about what excites you and go for it!

Read more articles by Wendi Schuller.

Wendi Schuller

Wendi Schuller is a dating coach who helps people after divorce and break-ups to start dating again. She is a hypnotherapist, NLP practitioner and a nurse. She wrote The Global Guide To Divorce.  https://globalguidetodivorce.com     

She writes the Jack Jack The Cat series for children.

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Navigating Divorce with Grace: Insights into Collaborative Law

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Embarking on the journey of divorce or separation can be daunting, but there are alternative methods to traditional litigation that prioritise cooperation and mutual agreement. In this exclusive Q&A session, we sit down with Charlotte Bradley, an esteemed expert from Kingsley Napley, to delve into the world of Collaborative Law.

Discover insights, tips, and invaluable advice on how Collaborative Law can pave the way for amicable resolutions and a smoother transition during challenging times.

What is collaborative law/practice?

Collaborative family law (or practice) is a way in which a separating couple can, on a consensual basis, resolve issues without court proceedings.  You, your former partner/spouse and your respective lawyers all work together to resolve the various matters arising from separation, including the financial issues and the arrangements for any children.

How does it work?

Each client appoints a collaborative lawyer and the couple and their lawyers then consider the issues which should be addressed, and also which professionals to involve, for example a child specialist to consider the child arrangements, counsellors to support the parties and a financial professional to help with future financial planning. The lawyers and clients sign an agreement in which they all agree not to go to court and instead there is a series of meetings in which a transparent and open dialogue is encouraged. While each lawyer is representing their respective client, the professionals and the couple strive to work together as a team, with the joint aim of avoiding court proceedings. If either party decides they must go to court to obtain a final decision, then each of the couple need to instruct new lawyers.

How does it differ from other ADR options (such as mediation)?

Mediation uses a similar model of face to face meetings, but a mediator is not representing either of the couple. Although they can provide lots of information about options (the court process etc), the mediator is unable to advise on the likely outcome of any proposed settlement. For most family mediation, lawyers tend not to be in attendance (although increasingly, hybrid mediation where the lawyers are in attendance is becoming more common). Some individuals prefer the support of having a lawyer with them in meetings to help discuss and negotiate the various issues as happens in collaborative law.

What are the advantages?

Each client has the support of their trained collaborative lawyer who contracts with the couple to act in a constructive way and are encouraged to put all the family’s (including any children’s interests) at the forefront. For clients who feel insecure about attending mediation without their lawyer next to them (for example if there is a significant disparity in financial knowledge or bargaining power), collaborative law can be a good option as they can seek advice and support throughout albeit the advice that their lawyer gives is more transparent and negotiations should be less polarised than in the traditional court model. The possibility of counselling input and expert assistance around the children’s needs is actively encouraged. The flexibility of the process also enables other professionals to be brought in when needed, for example it is not unusual to bring in a financial planner and other professionals to help consider the future finances for the family including cash flow modelling, options around pensions etc.

What are the downsides?

Collaborative law is not suitable for everyone, and best serves couples who show a commitment to finding a solution to the various issues themselves but with legal support and advice. It is also only suitable for those who expect to give full and frank disclosure about their respective financial positions and other circumstances. Sometimes, if one of the couple wishes to delay the divorce (for example they intentionally postpone meetings etc), the collaborative process can be slow and costs can increase so careful managing of the process is required (and the lawyers and the couple need to be confident that the process is right for them before signing up). The collaborative agreement, requiring couples to change lawyers if the process breaks down and they want to go to court, can sometimes concern potential clients but that disqualification clause is important to encourage the couple and their lawyers to have the right solution focused mindset, to enable non-polarised negotiation and to resolve the issues.

Do you still have to go to court at the end?

No one needs to attend court and if agreement is reached, the collaborative lawyers can transfer the financial agreement into a draft consent order which is lodged at court (with financial summaries) for the judge to approve. It is also common in collaborative law (as it is in mediation) for the couple to prepare and sign a parenting plan setting out the arrangements for the children (although that is not routinely lodged at court).

How long does it take and how much does it cost?

Both answers depend on the issues to be resolved and how engaged the couple (and their lawyers) are to reaching a resolution. If they are committed to the process, and regular ‘four way’ meetings are diarised without delay in between, then collaborative law can be very quick as there is no court timetable applying. Or sometimes one or both of the couple can take time to come to terms with the breakdown of the marriage and resolve the various issues and need more time between four way meetings to reflect and to take advice from their collaborative lawyer. As to costs, they can vary depending on the amount of meetings and how complicated the issues are as the costs will depend on the amount of time the two lawyers spend on the collaborative case (typically based on their hourly rates). It can often be cheaper if the couple bring other professionals to assist on key areas (eg on the child arrangements or for cash flow modelling).

What else can it be used for (eg pre-nups)?

Collaborative law is very flexible and can be used in all areas of potential family dispute. It is particularly effective when couples are discussing the terms of a prenuptial or cohabitation agreement – so that each of them are having clear and transparent discussions with shared professional advice about their future plans and intentions, critical in my experience as different approaches on money and children can cause problems in a marriage or long- term relationship.

Is it a US import? What has changed in the last 20 years in the way it is used here?

So I did the first training in Europe just over 20 years ago (collaborative law having first started in the US and Canada), and with others, helped establish collaborative practice in the UK. What has changed is that we are more aware of the need to bring in non- legal professionals into the collaborative process (eg child specialists and counsellors) to really focus on the solutions for families on separation, with the law being only one small part.

How does it fit with clogged family courts, no-fault divorce, and other modern family law /societal trends?

Collaborative law is one of the now established methods of non-court resolution and, along with other non-court processes (like mediation) is actively encouraged by the government and the judiciary. Following the introduction of no-fault divorce two years ago to help reduce conflict between divorcing couples, there is strong encouragement for couples to resolve their differences without attending court, to reduce cost, the pressure on the court system and also to help avoid the effects of conflict on children which can be caused by long legal battles. And as new court rules come into law on 29 April 2024 to ensure that all couples consider non-court options such as mediation and collaborative law, collaborative practice is likely to be something that becomes of more interest to separating couples in the years to come.

Read more articles by Kingsley Napley.

About Charlotte Bradley

Charlotte Bradley is a Consultant and former head of the Family team at Kingsley Napley LLP. She advises on all aspects of family law, particularly issues to do with finances and children. She is author of the respected legal textbook on Schedule 1 cases. She is also an accredited mediator and collaborative lawyer, often working with high profile and high net worth couples keen to resolve their separation in private.

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How to End a Marriage Peacefully
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How to End a Marriage Peacefully

Published on
chloe-o-contributor
Chloe O.
Alternative Dispute Resolution professional and Certified Divorce Coach
The Divorce and Separation Coach

Not all marriages end in drama and fanfare. In many cases, couples just grow apart. They stop loving each other or simply evolve in different directions. In these kinds of situations, most couples agree that there is no need for war or acrimony. They have come to the conclusion that their marriage is over, but it doesn’t mean everything they had together was a lie and should be destroyed. The question is then about how to end the marriage peacefully and with dignity, rather than angrily and destructively.

Key to the success of such an approach will be the intent of both parties. The more committed they are to managing things with low conflict, the more likely they are to succeed. Because, contrary to what one might think, divorcing amicably can be difficult. You need to negotiate the terms of your agreements, which requires compromise and flexibility. In many ways, divorcing in court is the easy way out: you are delegating the decision-making to a judge. It involves great cost and means you have no control over the terms of your divorce, but it doesn’t involve agreeing to some of the other spouse’s requests.

Couples are more likely to divorce peacefully when they have learned to trust and communicate with each other during their marriage. If the couple has worked together as a team in raising their children and running a family, they are better able to leverage these skills once again at the time of separation. Trust is a key ingredient here as it allows each spouse to feel confident that the other isn’t trying to stab them in the back, and that the proposals they are making are reasonable. It doesn’t mean they will agree on everything, but it means that they are both willing to listen to the logic behind the other person’s position, and to contemplate things from their point of view, without assuming any ill intentions.

Most importantly though, the key to a successful divorce is to seek professional support. Even for a couple who is starting things off with the best of intentions, there is always a degree of conflict involved in divorce. The process requires disentangling two lives, which means everyone is losing something. There will inevitably be times when the soon-to-be-divorced couple will disagree on how to proceed. Professional support can help them get unstuck and explore other options. They can help them leverage conflict de-escalation techniques to make sure they don’t become entrenched in seemingly irreconcilable positions. As mentioned above, amicable divorce is hard work, and it is sometimes difficult to stay the course. The key here is not just to get help when you need it, it is to reach out to like-minded professionals whose objective is to support you in achieving a low-conflict divorce. Caution is therefore of the essence in selecting the professionals who will see you through your divorce negotiations.

The prize, however, makes it all worth the effort. By having a peaceful divorce, you will be preserving your own and your children’s wellbeing by limiting stress, conflict, and uncertainty. If you are co-parenting, this means you will ultimately find it easier to work together as a team to raise your children going forward and have a much better post-divorce relationship. A peaceful divorce will also help you achieve a much better outcome because it will be one that you agreed to willingly, after careful consideration, not one that was dictated by a third party who doesn’t know you. Unfortunately, the idea that divorce is a war where someone loses and someone wins still dominates mindsets. The reality is that everyone will lose a little and win a little. But when you go to court and turn the process into an open conflict, everybody loses, including your children and your bank account.

Read more articles by Chloe O.

About Chloe O.

“My name is Chloe O., I am an Alternative Dispute Resolution (ADR) professional and a Certified Divorce Coach. I specialise in working with women to help them reduce conflict during and after divorce by improving their negotiation and communication skills with their spouse. The objective is to work towards an amicable divorce outcome in order to minimise the emotional and financial cost of divorce. I work with all types of clients but I have extensive experience in supporting expatriates and international families who are dealing with the unique situation of living abroad during and after their divorce, with limited local family support, language barriers and relocation considerations.”

For more information about my work and services (including my Podcasts, newsletter, myth-buster videos…), you can visit my website and/or follow me on Instagram, Facebook or LinkedIn.

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