September 19, 2019
5 Things to Consider when you are Thinking about Divorce
When the problems in your marriage have come to a head and the relationship has broken down, it may be time to take steps towards a fresh start.
The breakdown of a marriage is a difficult time for most spouses and there are often many competing interests and emotions. It is not always easy to know where to begin or the best way to go about it.
We set out some practical tips to guide you through the first steps of preparing for divorce.
- Establish whether you have grounds to get divorced. Although ‘No Fault divorces’ are due to come into force (which means that you will only need to state that your relationship has broken down irretrievably to get divorced) under current law it is necessary to establish one of five reasons to be able to initiate divorce proceedings. The most common reasons being ‘unreasonable behaviour’ and ‘adultery’. Further information on the different reasons and how to satisfy the relevant requirements can be found here: www.gov.uk/divorce.
- Speak to your spouse. If you and your spouse are on speaking terms, it would be helpful to arrange a time without distractions to explain how you are feeling about the marriage. Keeping things amicable, where possible, is likely to result in your divorce process running more smoothly. It is helpful if you can work together constructively to try to reach a fair outcome for both of you. Being open and honest about how you feel and listening to each other’s perspectives can also assist in understanding how you both envisage your futures. This may also enable you both to minimise your legal fees. However, where relationships have broken down to the extent that such discussions are unlikely to be constructive, putting your position forward via solicitors can ensure that the relevant issues are addressed.
- Review Divorce Petition guidance. The party initiating divorce proceedings will need to complete a Divorce Petition for submission to the Family Court. Many people instruct a solicitor to assist in completing this form, particularly if there is significant wealth or assets involved.
You may wish to review the Divorce Petition and consider the guidance prior to commencing the process in order to gain a clearer idea of the information that will be required from you. The form can be found on the gov.uk website. - Gather your financial information. As part of the divorce process, you will need to provide full financial disclosure to your spouse. This is to ensure that both parties are aware of the matrimonial pot available for division. The objective will be for the assets to be divided fairly between you. Gathering your financial information will give you a clearer understanding of your assets, liabilities and income prior to entering negotiations, which should help the process run more smoothly. If you have an initial meeting with a solicitor, it is helpful to have this information to hand.
- Consider the final outcome you hope to achieve. How the assets are divided will depend on you and your spouse’s respective capital and income needs and these will be considered against the assets and income available for division. Will you need to re-house and if so, what type of alternative property might be suitable for you? Are there any children and if so, who will they live with and how will their needs be provided for? It might be helpful to prepare a schedule setting out your current income needs and how these might change on divorce. The starting point for the division of assets on divorce is a 50/50 split, but this can be varied depending on a number of factors.
If you are considering a divorce but are not yet ready to speak to a solicitor, you may wish to use our free family law portal to obtain bespoke information about where you stand.
Filed Under: Insight
INSIGHT|May 31, 2017
Postnups on the Rise
Most people have heard of a prenuptial agreement (prenup), but less have heard of her little brother the postnuptial agreement (postnup).
A postnup is signed after the wedding, and very much like a prenup, sets out the couple’s intentions as to what will happen to their their assets if they separate at a later date.
Like prenups they should be entered into freely, couples should have the benefit of independent legal advice and both parties should have a clear idea of the marital assets before any agreement is signed.
Advice should be taken to check they meet the necessary criteria, but the question is are we losing sight of romance and frankly why the increase in postnups now?
A postnup is signed after the wedding, and very much like a prenup, sets out the couple’s intentions as to what will happen to their their assets if they separate at a later date.
Like prenups they should be entered into freely, couples should have the benefit of independent legal advice and both parties should have a clear idea of the marital assets before any agreement is signed.
Advice should be taken to check they meet the necessary criteria, but the question is are we losing sight of romance and frankly why the increase in postnups now?
INSIGHT|June 2, 2017
Do I need a Prenup and do they work?
In the days leading up to a wedding there are fewer statements less romantic that asking your betrothed to take some independent legal advice about a prenup.
No one wants to think about separating before they are married, but the reality is relationships do break down and pre-nuptial agreements (or prenups) are increasingly becoming a feature of modern marriages and civil partnerships.
It can be tempting to concentrate on the dress and the party, but marriage is a contract and a contract that confers significant rights on your intended. If a marriage or civil partnership does breakdown, then those without a prenup run the risk of years of protracted litigation over the marital estate. If you have significant assets before you marry, or perhaps you want to ensure existing children are looked after no matter what, then a prenup might be worth considering.
No one wants to think about separating before they are married, but the reality is relationships do break down and pre-nuptial agreements (or prenups) are increasingly becoming a feature of modern marriages and civil partnerships.
It can be tempting to concentrate on the dress and the party, but marriage is a contract and a contract that confers significant rights on your intended. If a marriage or civil partnership does breakdown, then those without a prenup run the risk of years of protracted litigation over the marital estate. If you have significant assets before you marry, or perhaps you want to ensure existing children are looked after no matter what, then a prenup might be worth considering.
INSIGHT|March 4, 2018
5 Tips to Cope with Family Law Proceedings
There is no getting away from the fact that family proceedings of any type are extremely stressful.
In particular, the lead up to a final hearing understandably triggers off a high level of anxiety and fear of the unknown.
These feelings inevitably have an impact on day to day life.
We have put together some tips we hope will help our clients through this difficult period:
In particular, the lead up to a final hearing understandably triggers off a high level of anxiety and fear of the unknown.
These feelings inevitably have an impact on day to day life.
We have put together some tips we hope will help our clients through this difficult period:
INSIGHT|January 4, 2019
Single Parents can now Obtain Parental Orders in UK
Great news for single parents who have, or would like to have, a child born through surrogacy. A new reform has come into force that allows single parents in the UK to make an application for a Parental Order, which identifies them as the legal parent of their surrogate-born child. A right previously granted only to couples.
This is important because under UK law the surrogate mother (and her spouse or civil partner if she has one) automatically becomes the child’s legal parent(s), even if there is no biological connection between them. The Parental Order extinguishes these automatic parental rights and transfers them to the child’s intended parent(s).
It is important to note that the normal criteria for applying for a Parental Order still applies, with the added caveat that the intended parent must have a genetic link to the child. Therefore, this change only assists single parents who use their own eggs or sperm.
This is important because under UK law the surrogate mother (and her spouse or civil partner if she has one) automatically becomes the child’s legal parent(s), even if there is no biological connection between them. The Parental Order extinguishes these automatic parental rights and transfers them to the child’s intended parent(s).
It is important to note that the normal criteria for applying for a Parental Order still applies, with the added caveat that the intended parent must have a genetic link to the child. Therefore, this change only assists single parents who use their own eggs or sperm.
INSIGHT|August 1, 2019
What You Need to Know Before Travelling Alone with Your Children
If you are leaving the country alone with a child, you may need to take extra documents with you to establish your relationship and that you are travelling with the proper consent.
Why?
Put simply, this is to protect children from abduction (one parent removing a child from the country without consent from the other) and trafficking.INSIGHT|August 5, 2019
Co-Parenting Tips for Your Children’s 1st Holiday Without You
When parents separate, the most common pattern of contact involves sharing care of children with the non-resident parent for alternate weekends and for half of the holidays. Although most parents accept that this arrangement is in the best interests of the children, it is not unusual to feel a sense of grief or loss when the holidays come around.
INSIGHT|September 2, 2019
Disputes about who should Pay Private School Fees
When parents separate, it is not uncommon for their children’s education to become an area of disagreement. Perhaps one of you was more willing to compromise when you were together, or one parent’s priorities have changed now they are living away from the family home.
Parents who have a child or children in private school, or who had previously agreed that their children would attend private school from a certain age, can find themselves in dispute about who can and should pay school fees. If you are focused on what is best for your child(ren), it can seem very unfair, especially if your ex has started a second family and is refusing to pay school fees because of this.
INSIGHT|September 19, 2019
5 Things to Consider when you are Thinking about Divorce
When the problems in your marriage have come to a head and the relationship has broken down, it may be time to take steps towards a fresh start.
The breakdown of a marriage is a difficult time for most spouses and there are often many competing interests and emotions. It is not always easy to know where to begin or the best way to go about it.
We set out some practical tips to guide you through the first steps of preparing for divorce.
INSIGHT|September 30, 2019
Co-parenting Disputes About School Applications
Most parents want to give their children wings to fly and believe that education is an important part of this.
As children settle into the new school year, many families are turning their minds to school choices for 2020, either for primary or secondary education. State secondary school applications are normally due by the end of October and primary applications can usually be made between November – January. It is important to check the closing dates with your local education authority for state schools and with the school admissions team at private schools.
INSIGHT|October 16, 2019
Common Myths about Adoption
According to statistics released for National Adoption Week, there are more than twice as many children waiting to be adopted in England as there are approved adoptive homes.
If they are all to find new families, there is an urgent need for more adopters to come forward, but many people do not know they are eligible to adopt - or as some might say, become a hero.
We therefore tackle some of the common myths about Adoption in this country and share some lesser known facts that might help you to start your adoption journey.
INSIGHT|October 24, 2019
What can you do if you are experiencing Domestic Abuse?
Many people believe that domestic abuse, also known as domestic violence, is limited to physical acts such as pushing, slapping or hitting another person. This is not the case.
The government’s definition states that domestic abuse includes behaviour that is “controlling, coercive, threatening, violent or abusive" and that it "occurs between people aged over 16”. Although domestic abuse is often thought of as a gender crime, it is important to note that such abuse affects both men and women and includes “psychological, physical, sexual, financial and emotional” mistreatment.
INSIGHT|November 19, 2019
Dads Putting Their Children First
As it is both International Men’s Day and World Children’s Day this week, we take a moment to highlight the importance of the father child relationship and consider the impact that parents separating can have on this bond. We hear from our very own Ayse James, who lived with her Dad after her parents divorced, and share some practical advice from her Dad, as well as our lawyers.
INSIGHT|December 16, 2019
The 12 days of a Healthy Christmas Divorce
For some couples, Christmas is a last test of their relationship before making the final decision to separate. Others, who made that decision earlier in the year, stay together for one last Christmas - usually when children are involved. The goodwill does not have to end there. Preparation and calm can help you to reduce the strain and cost of separation on a 12-step journey.
INSIGHT|February 14, 2020
LGBT Parenting: What does Surrogacy mean for Gay Couples in UK?
Two years ago today British Olympian Tom Daley and his husband Dustin Lance Black shone a spotlight on surrogacy by announcing they were going to become Dads. Although there are relatively few families formed through surrogacy in UK due to restrictive regulations, surrogacy amongst gay couples is believed to have increased by 50% in the last 5 years.
This blog looks at how gay men can father a child through surrogacy here or overseas and become the legal parents in UK.
INSIGHT|March 9, 2020
LGBT Parenting: Is Artificial Insemination More Complicated for Lesbian Couples?
Deciding to have a baby with your partner can be one of the most exciting times in your life, but is it more complicated for same-sex female couples to be recognised as the legal parents of a child born through artificial insemination?
It is fair to assume that if one of the child’s intended parents is the birth mother, she will not face any legal complications. In UK, birth mothers are automatically recognised as a legal parent with parental responsibility for a child, even when they have been inseminated with donor sperm or eggs.
INSIGHT|March 20, 2020
COVID Child Contact Plans
**On 24 March 2020 the Family Court issued specific advice, you can refer to our latest blog for the most current information.
INSIGHT|March 25, 2020
Further Advice on Child Arrangements during the Coronavirus (COVID-19) Crisis
Whilst the country faces a COVID-19 pandemic, many separated parents have been understandably concerned about their ability to meet the requirements of Child Arrangements Orders made by the Family Court.
On 24 March, the Rt. Hon. Sir Andrew McFarlane, President of the Family Division and Head of Family Justice, published advice for parents and guardians.
INSIGHT|March 30, 2020
Why You Should Update Your Will As Soon As You Decide To Separate
If you have already made the difficult decision to end your relationship, it is likely that you would not want your former partner to benefit from your personal estate.
Many people think of updating their Will as a final step after their divorce or separation is finalised; but waiting can leave your intended beneficiaries vulnerable.
INSIGHT|April 6, 2020
Business Owners Should protect their operations in case they are incapacitated by Coronavirus
As Coronavirus spreads throughout the country, it can no longer be viewed as something that will only affect the vulnerable.
If only one person is authorised to make financial decisions, you need to think about what will happen if they become temporarily incapacitated by COVID-19.
A Lasting Power of Attorney (LPA) could assign specific authority to someone else whilst you are unable to work, but few business owners have these in place. LPA’s must be lodged with the Office of the Public Guardian and usually take up to 2 months (sometimes longer) to become legal. If you do not have an LPA already, it could be too late to set one up before you need it.
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