divorce process - Page 8

Relationship and Power Dynamics on Divorce: Tips for Handling a Separation
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Relationship and Power Dynamics on Divorce: Tips for Handling a Separation

Published on
Katy Duff
Katy Duff
Solicitor
Burgess Mee Family Law

Power dynamics within a relationship often continue to play out during and after a separation. This can make coming to a final agreement about children or finances challenging even with the advent of no-fault divorce. The following tips are useful to keep in mind when you are going through a separation and things can feel overwhelming.

It is not ‘aggressive’ to instruct a lawyer

It can take real strength and courage to make the decision to separate, likewise to instruct a solicitor to help you through the process. Seeking a professional’s help to guide you is entirely sensible and reasonable. It should empower you to think about next steps, the future and what is right for you.

Focus only on what you can control

It is not a valuable use of your time and energy when trying to separate and heal to predict or anticipate your ex-partner’s/spouse’s behaviour, as this will  cause unnecessary worry and stress for you. Rather, your focus should be on navigating your own way.

Don’t negotiate against yourself

Don’t  stop yourself from putting forward proposals or requests that are in your interest because you think they will not be accepted by your ex-partner/spouse. With the support of a professional team, you will be aware of all the different options open to you. This should allow you to feel comfortable in what you are suggesting, knowing that in doing so you are still working towards a practical solution for everyone.

Identifying difficult behaviour

It can be hard to manage difficult behaviours from your ex-partner/spouse after you separate, but. you do not need to do so alone. You should speak to your solicitor about any particular concerns and how you expect your ex-partner may react to a suggestion or a proposal. Professionals can guide the case forward with a better understanding of when challenging conduct may arise and how this might feed into wider patterns of behaviour.

Delegating management of the short term

Once patterns of behaviour are identified they can be navigated. Your solicitor should give thought to how final orders (in children or finances matters) will operate when professionals are no longer involved. For example, clear and ambiguous wording will be needed to make clear the terms of an agreement so that you are not embroiled in lengthy and difficult correspondence when implementing an order or discussing the practicalities for handovers at the weekend. This will only foster continuity and stability so that you and your children feel certain about the arrangements. You should speak to your solicitor about any points you think will be tricky in future and they should do the same.

Make the process work for you

Difficult personalities may deliberately time emails and correspondence to you or your solicitor at awkward moments to disrupt arrangements or your general wellbeing, i.e. a letter changing contact arrangements on the cusp of the weekend or a proposal for financial settlement sent late on a Friday afternoon. To prevent this, you can discuss and agree adopting a working practice with your solicitor. For example, you could ask that correspondence received on a Friday afternoon is sent to you on a Monday unless it is absolutely critical for your attention that day. This will allow you to prioritise and reclaim your time and space. Trust your solicitor to let you know whether you need to see something today or first thing next week after you have had two days to pause and reflect.

What about controlling or coercive behaviour?

Controlling or coercive behaviour is an act or pattern of acts of threatening, humiliating or intimidatory behaviour designed to make a person subordinate, isolated and frightened. It is insidious, unacceptable conduct that no one should have to tolerate, involving  behaviour that goes beyond typical disputes in a separation.

If abuse is identified as an element in a case you can work with your solicitor to ensure the risks to you, your children and your case overall are managed appropriately, in order to protect and prioritise the wellbeing of you and your family. The legal system should not be used to perpetrate further abuse and the courts are increasingly sensitive to litigation being weaponised in this way.

You should be able to participate in discussions, negotiations and or proceedings without risk or fear for your mental, physical or economic wellbeing or that of your children. Attention to detail and a wider understanding of historic behaviour is key to helping your solicitor in understanding the situation. This will allow them to tailor their approach and ensure you receive the support you need throughout your separation.

Rome wasn’t built in a day. Be positive but realistic

Even the most straightforward separation can often throw up unexpected and unforeseen issues. Your solicitor is there to guide you through divorce, but no two cases are ever the same. You are at the start of the rest of your life and that will take time. There will be delays, deadlines and counterpart solicitors who simply don’t respond. Sometimes it will be slow. Your solicitor will be doing all they can to keep you out of court (or they should be) and if they’re not, they should be explaining why, so that you know what the next step looks like. Court should always be a last resort but don’t overlook it as an option and a way to put in place a timetable that you and your partner can work towards with consequences if you don’t.

Seek support

You should feel supported at every stage as you move forward with the next stage of your life. There are many specialist organisations and professionals with particular understanding of the difficulties inherent in relationship breakdowns. There is no shame in seeking additional professional support including from a therapist, divorce coach or independent financial advisor (and your solicitor will be able to refer you to their connections in these spheres). They will also be alert when it sometimes may not be obvious that help is needed, so be open to exploring those options. Having a network of friends, family and professionals on hand can be key to guide you through the challenges of the process of separation and divorce and get you safely to the other side.

Read more articles by Burgess Mee Family Law.

About Katy Duff

Katy Duff is a solicitor at Burgess Mee, an award-winning specialist family law firm in London. Katy advises on a broad range of issues including divorce, matrimonial finance, financial claims for unmarried parents and matters involving children. She has specialist experience of cases with issues of domestic abuse. She is co-chair of Resolution’s National Domestic Abuse Committee.

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How not to ‘hard launch’ your divorce
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How Not to ‘Hard Launch’ Your Divorce

Published on
Sarah Bunn
Sarah Bunn
Associate
Burgess Mee Family Law

In this digital age there is often a temptation to take to social media to record a landmark life event. Coupled with this, for many, there is also the desire to use social media to put the wrongs of the world to right – whether that is in relation to world politics or our personal lives.

In the context of divorce proceedings, from which financial and children proceedings can also follow, a solicitor’s headline advice is likely to be to avoid sharing information about one’s divorce on social media, or at least to err on the side of caution. We all remember Gwyneth Paltrow and Chris Martin’s ‘conscious uncoupling’ campaign. However, without a PR team behind you, any possible benefits seem to pale in comparison to the possible pitfalls.

Social media may appear to provide useful guidance and tips about navigating the divorce process but often this “advice” or anecdotal evidence is incorrect and could even be harmful. All families are different, and it follows that all divorce experience is different.

As a starting point, parties involved in family court proceedings are expected to uphold confidentiality. This means not sharing details about the case to third parties (unless in specific circumstances, such as when speaking to a legal representative or experts in a case). It also means that a party must not share documents relating to their case with third parties, including their entire social media network. In the context of divorce proceedings, which is largely an online process where spouses can usually avoid ever stepping into a court room, this can easily be forgotten. In financial and children proceedings, whilst attendance at court is more likely, reminders are often necessary.

Divorce, Confidentiality & Social Media

A breach of confidentiality in relation to family proceedings can have a negative impact on one’s case. Judges will be far from impressed and may say so, and in more extreme cases, the individual who is in breach of confidentiality can face fines and/or even a term of imprisonment.

It is important to be aware that even if one maintains confidentiality about the proceedings themselves, derogatory posts on social media about your spouse/child’s other parent can be used as evidence in a case. For example, social media posts about what a terrible person your (soon-to-be former) spouse/partner is or criticism of their parenting styles are often screenshotted and exhibited to narrative statements in order to evidence the conduct and entrenched views of one party about another.  More often than not, this will negatively impact a judge’s perception of the person posting such information, as opposed to the ‘postee’.

It is important to remember that judges are human and that they have a fairly wide discretion within the law. If they take against a particular party, this could impact the final decision which may be unappealable so keep them onside if you can.

Family, Social Media & Divorce

During family proceedings, it is often advisable to avoid social media altogether as what may be construed as positive posts can be used in a negative context, for example, during children proceedings where a party posts a photo of their new partner having a fun day out with children. If the other parent did not know that the children had been spending time with a new partner, such photos may be used as an example of a lack of positive co-parenting and joint decision-making.

Divorce, Finances & Social Media

In financial proceedings, constant updates about new relationships and time spent at each other’s home can be used as evidence of one of the parties’ cohabitation, or intention to cohabit with their new partner or even that claims of financial straits are untrue; “Just look at that 5-star hotel/business class flight/new handbag!”. This may impact financial provision made upon divorce. Even screenshots of CVs and comments found on a spouse’s professional profile can be used as evidence in relation to income and earning capacity.

As an aside, divorcing spouses should also be made aware, at the start of a case, about the move towards transparency in the family court. This development brings in a presumption that approved media and legal bloggers may attend most hearings in the family court and that they may report what they see, hear, and read, although usually the reporting will be anonymised first. This change in the ‘private’ nature of proceedings may result in an inevitable loss of control by parties to keep the details of their case private and shielded from mainstream media, even if they uphold their side of the confidentiality bargain.

Whilst media outlets will not construe every case as a matter of public interest, and there are limits to what can be reported, if you have concerns about this, it is important to have a discussion with your solicitor about whether the media may be interested in your case, and what steps you can take to keep details of your case private.

Some helpful guides about confidentiality in family court proceedings can be found on the government website:

Read more articles from Burgess Mee.

About Sarah Bunn

Sarah Bunn is an Associate at Burgess Mee. She specialises in complex financial remedy and private children law cases. She also advises clients in relation to nuptial agreements and cohabitation disputes.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

About Kate

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

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Tips For Settling an Amicable Divorce: Navigating With a Gentle Approach
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Tips For Settling an Amicable Divorce: Navigating With a Gentle Approach

Published on
Jennifer Bell
Jennifer Bell
Conflict Resolution Specialist

Going through a divorce can be an emotionally challenging time, but it doesn’t always have to be filled with conflict and animosity. When both parties approach the process with understanding and empathy, an amicable divorce can be achieved. In this article, we’ll explore some valuable tips to help individuals beginning or settling divorce proceedings navigate the path of separation with a gentle, happy, and clear approach. Remember, the support of a compassionate divorce attorney can make all the difference in ensuring a smooth and amicable divorce.

Communication is Key:

Open and honest communication is the foundation of an amicable divorce. Approach discussions with a willingness to listen and understand each other’s perspectives. Keep conversations respectful and focused on finding common ground, allowing you both to move forward positively.

One of the keys to successful communication during a divorce is active listening. When we truly listen to our partners, we validate their feelings and show them that their thoughts and emotions are important to us. It’s essential to set aside distractions during conversations and give each other undivided attention. Avoid interrupting, and instead, take turns expressing your thoughts and feelings. Remember that communication is a two-way street, and actively participating in the process can foster a sense of mutual understanding.

Choose the Right Divorce Attorney:

Selecting the right divorce attorney can significantly impact the tone and outcome of your divorce. Look for a lawyer who prioritises mediation and collaboration rather than confrontation. A compassionate divorce attorney can guide you through the process with care, emphasising mutual solutions and striving for an amicable resolution.

When searching for the right divorce attorney, consider seeking recommendations from friends or family who have been through similar experiences. Look for someone who has experience in handling amicable divorces and values the importance of maintaining a positive relationship between both parties. During your initial consultations, pay attention to their communication style and whether they actively listen to your concerns. Remember that a lawyer who understands the emotional aspects of divorce can provide valuable support and legal guidance.

Prioritise the Wellbeing of Children:

If children are involved, their well-being should always take precedence. Keep their best interests in mind and strive for a parenting plan that ensures a stable and nurturing environment. Co-parenting with mutual respect fosters a sense of security for the children during this transitional phase.

When discussing child custody arrangements, remember that consistency and stability are vital for children’s emotional well-being. Focus on creating a parenting plan that allows both parents to be actively involved in their children’s lives. Be flexible and considerate of each other’s schedules and commitments. If necessary, seek the help of a child specialist or family therapist to ensure the plan’s suitability for your children’s unique needs.

Practice Empathy and Understanding:

Divorce can bring up intense emotions, but try to approach the situation with empathy and understanding. Acknowledge your emotions and allow your partner to express theirs without judgment. Practising empathy can lead to more constructive conversations and pave the way for an amicable settlement.

Empathy involves putting ourselves in our partner’s shoes and trying to understand their feelings and perspectives. When conflicts arise, take a step back, and try to see the situation from their point of view. This approach can help de-escalate tense situations and foster a sense of mutual respect. By showing empathy, you can create a positive environment that encourages cooperation and compromise.

Consider Mediation:

Mediation can be an effective way to resolve disputes in a non-adversarial setting. A skilled mediator can help facilitate discussions and assist both parties in reaching agreements that work for everyone involved. Opting for mediation often reduces stress and legal expenses, making the process smoother for everyone.

During mediation, a neutral third party works with both spouses to identify common goals and explore potential solutions. Mediation sessions provide a safe space for open communication and creative problem-solving. This process allows couples to maintain control over decisions regarding their divorce rather than leaving them in the hands of a judge.

Be Willing to Compromise:

Compromise is essential in any amicable divorce. Focus on finding solutions that meet the needs of both parties, rather than trying to “win” every aspect of the settlement. Being flexible and willing to give and take can lead to a more harmonious resolution.

When discussing issues such as asset division or alimony, consider the bigger picture and the long-term benefits of compromise. Avoid getting fixated on small details that may not significantly impact your future. The willingness to compromise demonstrates a commitment to resolving conflicts peacefully, which can lay the foundation for a positive post-divorce relationship.

Protect Your Financial Interests:

Even in amicable divorces, it’s crucial to protect your financial interests. Be transparent about assets and debts, and work together to divide them fairly. Consulting with a financial advisor can provide additional clarity and ensure a stable financial future for both parties.

Before making any financial decisions, gather all relevant financial documents, including bank statements, tax returns, and investment accounts. With the guidance of a financial advisor, you can analyse your financial situation objectively and create a plan that aligns with your future goals. Additionally, consider updating beneficiaries on insurance policies and retirement accounts to reflect your new circumstances.

Take Time for Self-Care:

Divorce can be emotionally draining, so it’s essential to prioritise self-care. Engage in activities that bring you joy and relaxation, such as spending time with supportive friends and family, pursuing hobbies, or seeking professional counselling if needed.

Self-care during divorce involves nurturing both your physical and emotional well-being. Regular exercise, a balanced diet, and sufficient rest can contribute to better emotional resilience. Surround yourself with a support network of friends and loved ones who can provide emotional comfort and encouragement. Remember that seeking professional counselling can be beneficial, as it provides a safe space to process your feelings and emotions.

Keep the Future in Mind:

Focus on building a positive future for yourself post-divorce. Letting go of resentments and negative feelings can be challenging but is essential for personal growth. Concentrate on the opportunities ahead and the chance to start anew.

Instead of dwelling on the past, embrace the possibilities that lie ahead. Set new personal and professional goals, and take steps towards achieving them. Keep in mind that while divorce marks the end of one chapter, it also opens the door to new beginnings and opportunities for personal growth.

Celebrate Achievements:

As you progress through an amicable divorce, take time to celebrate the achievements you and your partner make along the way. Each step towards a fair settlement and a respectful separation is a milestone to be proud of.

Celebrate moments of compromise and successful communication. Recognise the efforts you and your partner put into maintaining a positive and respectful divorce process. Celebrating achievements, no matter how small they may seem, can reinforce the commitment to an amicable resolution.

Settling an amicable divorce requires a gentle and understanding approach, as well as a commitment to open communication and cooperation. By following these tips and seeking the guidance of a compassionate “divorce attorney,” you can navigate this challenging time with grace and positivity. Remember, putting the well-being of any children involved first and practising empathy can lead to a smoother transition and the chance for both parties to move forward with hope and happiness.

About Jennifer Bell

Jennifer Bell is a recent divorcee, conflict resolution specialist, and writer for divorce lawyers in the Philadelphia area.

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

Published on
Joanne McDonald
Joanne McDonald
Associate
Furley Page

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

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

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

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

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

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

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

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

Read more articles by Joanne McDonald.

About Joanne McDonald

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

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

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

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The Escalating cost of Mortgages – How it impacts on Divorce in 2023.
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The Escalating Cost of Mortgages & Its Impact on Divorce in 2023

Published on
Peter Marples
Peter Marples
Director
Fair Result

One of the largest components of any divorce is the issue of the family home. With over 1/3 of all households having a mortgage, and many divorcees also having the odd rental property or two – the case of mortgages is always high on the agenda in any divorce.

Whilst a large majority of people are on fixed rates, a more significant number than you think are on interest only – meaning many of these deals are coming to an end shortly.

For those of you who have secured a divorce financial settlement with your partner committed to making the mortgage payments into the future, the cost of living squeeze will almost certainly be biting – with the risk and fear of default against the order that you may have agreed to.

As we face a long period of high-interest rates, the ability of spouses to continue to pay mortgages will almost certainly become a bigger issue to contend with in a divorce scenario. With a significant number of divorcees being based on ‘need’, the balancing of resources to meet that need means that flexibility on both sides has to be the basis of any settlement. Whilst a spouse may wish to remain in the family home for the stability of the children, if the former husband (or wife) simply cannot afford to pay the mortgage and house themselves then something has to give. It is not a scenario anyone wants but one that is becoming all too familiar and common in the work we do in divorce.

So, some simple tips and advice for those of you facing this dilemma, either in the process of divorce or facing a default in an existing order:

  • Remain flexible and understand that there is only so much available to make all the necessary commitments
  • Make sure that any divorce settlements enable you to maximise Government support in terms of universal credit and other support systems
  • Discuss with your mortgage company the option of converting to interest only – particularly if you are committed to the long term
  • Don’t jump at selling the family home – almost certainly the cost of a new mortgage will be more than the cost of your existing home in the medium term
  • Remember the days of cheap mortgages are gone forever – so budget that rates will be at least 4% in the medium term and the impact this is going to have on your divorce settlement and your cost of living.

As always, the team at Fair-Result are here to discuss with you your options and a way forward. We specialise in achieving pragmatic and fair solutions to divorce scenarios, focussing on what is achievable both in the short term and looking to the future.

Feel free to contact Pete or Chris for an informal, free-of-charge initial discussion. Remember we are the only fixed fee divorce service in the UK focussing on financial settlement with nothing to pay until the end of the process.

Read more articles by Peter Marples.

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

Published on
Chris Sweetman
Chris Sweetman
Director
Fair Results

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

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

Understanding No-Fault Divorce

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

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

There are various advantages to a no-fault divorce:

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

Eligibility Criteria

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

Residency Requirements

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

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

Duration of Marriage

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

Mutual Agreement

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

Grounds for No-Fault Divorce

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

Preparing for the Divorce Process

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

Gathering Necessary Documents

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

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

Seeking Legal Advice

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

Understanding the Financial Implications

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

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

Considering the Impact on Children and Family

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

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

Setting Realistic Expectations

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

Creating a Support System

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

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

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

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

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

Step 1: Preliminary Considerations and Preparations

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

Step 2: Filing the Divorce Application

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

Step 3: Serving the Divorce Papers to the Other Party

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

Step 4: Responding to the Divorce Application

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

Step 5: Negotiating Settlements and Agreements

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

Step 6: Applying for the Decree Nisi

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

Step 7: Applying for the Decree Absolute

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

Note: Attending Court Hearings (if necessary)

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

Post-Divorce Considerations

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

Financial Planning After Divorce

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

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

Co-Parenting Arrangements

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

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

Updating Legal Documents

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

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

Focusing on Personal Growth & Wellbeing

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

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

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

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

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

More articles by Chris Sweetman.

About Chris Sweetman

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

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

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Breaking Bad News: How To Tell People You're Getting Divorced
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Breaking Bad News: How To Tell People You’re Getting Divorced

Published on
Carol Madden
Carol Madden
Separation and Divorce Coach
Carol Madden Coaching

Divorce is a deeply personal and life-altering decision; sharing this news with your family and friends can be terrifying.

It’s not just a case of taking a deep breath, saying it once and moving on. You have to say it several times over to a wide range of people.

However, honest and brave communication is crucial to maintaining healthy relationships and providing your loved ones with the support and understanding they need during this transition.

I remember living with the stress of knowing we needed to get the ball rolling on our separation, yet also dreading the conversations I knew I would have to have.

Here are some essential tips to help you navigate the process of informing your family and friends about your divorce with confidence, empathy and mindfulness.

Choose the Right Time and Setting to Talk About your Divorce

Choosing the right time and setting to have this conversation is vital. Consider finding a quiet, comfortable environment where everyone can focus and freely express themselves.

Avoid sharing the news during emotionally charged moments or important family events if you can.

Prepare Yourself Emotionally

Preparing yourself is crucial before sharing the news. Acknowledge that different family members will react in diverse ways.

Be ready for a range of emotions, from surprise and sadness to confusion and even anger. Build your own emotional resilience by reminding yourself that your decision is based on what is best for everyone’s emotional well-being in the long run.

Be Honest and Concise

When discussing your divorce, be honest and concise without going into excessive detail. Explain your decision without assigning blame or involving others in the reasons you are deciding to end the marriage.

Try not to fall into the trap of feeling as though you have to justify. Make peace with the fact that some people in your life may never truly understand your decision. It’s not your job to convince them that this choice is right for you and your family.

Focus on the positives that will come from ending a marriage that is not working and is taking an emotional toll on everyone. Emphasise that this decision was not taken lightly and was made in all parties’ best interests.

Express Empathy and Understanding

Recognise that your loved ones may experience various emotions in response to your news. Offer empathy and understanding as they process the information and allow them to express their feelings.

Encourage open communication and actively listen to their concerns and questions without becoming defensive. Remember, they are grappling with their own emotions and may need time to adjust to the changes.

Reassurance is Important

Although it might seem odd that you have to support your family members when you are the one who is going through emotional hell, you have to be mindful of the fact that it’s highly likely you’ve had a lot more time to get your head around this happening than they have.

I was taken aback when I told my nephew and his girlfriend about our separation, and they both started to cry. I ended up having to comfort them. I wasn’t expecting it, and it made me feel awful that I’d made them feel that way.

Assure your family and friends that your decision to divorce does not diminish your love and care for them. Let them know that you will continue to be a part of their lives. Change can be worrying, and your friends and family want to know that some things won’t change.

Dig Deep When They Make Mistakes

Friends, family, co-workers, neighbours. Everyone has something to say when you let them know that your marriage is ending.

Some will murmur sympathetically. Some will tell you all about their sister’s friend’s daughter’s niece who got divorced (Fun!). Some will put a knife through your heart with flippant comments without realising it.

One acquaintance of mine looked at me like she was going to fall down to her knees and said, ‘What about the kids??!!’.

I needed that like a hole in the head.

I had to breathe through many conversations and try to find understanding and forgiveness when I wanted to tell them all to shut up and mind their own business.

Telling people is a necessary part of the process. Dig deep when well-meaning people say stupid things.

Maintain Boundaries and Privacy

While it’s essential to communicate openly with your family and friends, remember that certain aspects of your divorce are personal and private.

Establish boundaries regarding what you’re comfortable sharing and ensure that your loved ones understand and respect your need for privacy.

It’s okay to set limits and redirect conversations when they become too intrusive or uncomfortable.

Simply state, “That’s all I’m ready to talk about at the moment”. End of story.

Final Thoughts – Telling Your Loved Ones About Divorce

Telling family and friends about your divorce is a significant step in facing the reality of your marriage ending.

It’s challenging when you have to have a difficult conversation many times over. You can make it easier on yourself by being prepared with an ‘elevator speech’ ready to go and by being assertive when you want to end the conversation for now.

Remember, your decision to pursue a divorce is about prioritising your happiness and creating a healthier future. Stay true to yourself, seek support when needed, and approach the process with compassion for both yourself and your loved ones.

Discover more articles by Carol Madden.

About Carol Madden

Hello, my name is Carol Madden and I am a certified divorce coach working with clients around the world from my online practice in New Zealand.

I aim to help individuals navigate the often overwhelming emotions and practical considerations of separating from a spouse. I understand the unique challenges that divorce can bring, having been through my own divorce ten years ago.

I believe that divorce can be an opportunity for growth and positive change, rather than just a painful ending. Through my coaching, I help clients gain clarity and confidence as they move forward in their lives.

As a writer, I am excited to share my perspectives on divorce with readers seeking solid support during their separations. Whether providing tips for managing the emotional rollercoaster or offering practical advice for effectively co-parenting, I want to help others through this challenging time.

Discover me on social media:

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

Published on
Peter Marples
Peter Marples
Director
Fair Result

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

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

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

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

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

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

Read more articles by Fair Result.

About Peter Marples

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

  • Email
  • Give the team a call – 07500933818 or 0333 577 7009
  • Complete an enquiry form

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

Published on
Alexandra Bishop
Alexandra Bishop
Senior Associate
Kingsley Napley

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

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

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

Terminology

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

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

The process for obtaining a divorce or dissolution

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

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

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

Resolving the finances upon a divorce or dissolution

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

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

Read more articles by Kingsley Napley LLP.

About Alexandra Bishop

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

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

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Mediation must be voluntary to ensure access to justice.
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Mediation Must be Voluntary to Ensure Access to Justice

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The Law Society
The Law Society
Professional Body for Solicitors
England & Wales

Divorcing couples should not be subject to mandatory mediation, as putting barriers in place to attending court is likely to deny access to justice, the Law Society of England and Wales said today in response to a government consultation.

The consultation launched in March is seeking views on supporting earlier resolution of private family law arrangements. In its response to the consultation the Law Society is calling on:

  • Mediation to not be mandatory in divorce cases;
  • Early advice for all (subject to means testing)*
  • Support for domestic abuse victims as they go through the court process, which has not been detailed in the government’s proposals;

“The family courts are experiencing significant backlogs and delays.** We are pleased the government is seeking early resolution for families,” Law Society President Lubna Shuja said.

“Delays have a detrimental impact on families seeking justice and can mean parents are prevented from seeing their children. This leaves children without the stability they need to thrive.

“The problems facing the family court will not go away overnight, but with a robust framework, early legal advice and greater options for divorcing couples, there is more chance of early resolution.”

Commenting on mediation being mandatory Lubna Shuja said: “We understand the value of mediation in resolving family disputes amicably without needing to go to court.

“We do not agree, however, with making mediation compulsory. No form of dispute resolution should be mandatory. Attendance must be voluntary for it to be effective.

“Most couples try to avoid costly court litigation and delays to resolution. The types of cases that do require a court hearing or court process – and would be impacted by the compulsory mediation scheme – are complex in nature.

“Complexity needs to be considered, otherwise these proposals could risk harm being done to vulnerable people who are legitimately seeking a court hearing.”

Commenting on support needed for victims of domestic abuse Lubna Shuja said: “The Domestic Abuse Act has been a positive step forward in the government improving the protections available for victims.

“While the government has recognised that cases concerning allegations of domestic abuse need to be an exemption to the scheme, these cases cannot simply be removed.

“Domestic abuse victims need to be referred to services that can protect and support them through the court process. This is not detailed in the government’s proposals.”

About the Law Society

The Law Society is the independent professional body that works globally to support and represent solicitors, promoting the highest professional standards, the public interest and the rule of law.

Press office contact: Naomi Jeffreys | 020 8049 3928

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

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

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

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

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

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

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

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

When to value a business?

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

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

How to value a business on Divorce? 

Forensic accountants use many methods:

The Capitalised Future Maintainable Earnings Method 

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

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

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

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

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

Net Assets Method 

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

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

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

Dividend Yield Method

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

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

How is a business split in a divorce?

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

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

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

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

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

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

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

About Jane Tenquist

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

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

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