March 18, 2019 | Posted by : J Morris
One of the main issues couples face when deciding to separate is what to do about the family home. Which of you moves out? Who gets to stay? Can you afford to find separate homes? How do you divide up property assets? And what if you rent?
When it comes divorce, the rules over property can vary fairly widely depending on your unique circumstances, but here’s some basic guidance on ownership and living arrangements to help you figure out what to expect, what your rights are, and how to proceed.
Both partners have a legal right to remain in the family home, and neither of you can force the other to move ...
March 05, 2019 | Posted by : J Morris
A shocking two-thirds of British adults do not have a Will, 40% of which are over the age of 55. We get it. No one wants to think about the worst case scenario, but there comes a time when you have to stop putting it off and start putting your affairs in order. End of life legal documentation is essential if you want to take care of your loved ones – and yourself – in the future:
If you die without a Will in place, your family may be left with financial or legal difficulties when it comes to inheritance, guardianship, the distribution of your assets, and paying inheritance tax.
If you fall ...
February 25, 2019 | Posted by : J Morris
So, you’ve made the decision to separate and suddenly the prospect of dealing with divorce, hiring a solicitor, and going to court is feeling utterly overwhelming. This is totally normal, and rest assured – it will pass – but you should also know that you don’t have to go it alone, and court divorce is not the only way.
If you’re not sure if going to court is for you, particularly if you and your ex are willing to try to work together to come to a resolution, then you may want to consider an out-of-court solution. There are several out-of-court options for separating couples, including mediation, which allows you ...
February 18, 2019 | Posted by : J Morris
There’s no ‘right’ way to get divorced – every couple and every circumstance is different – however, there are certain ways to make the process easier, as well as attitudes and behaviours that make the whole thing a lot worse… Remember that you are in control of how you react to the situation, and it’s up to you how you go about resolving your disputes.
Here are some dos and don’ts from our family law solicitors to help you cope with the challenges of divorce in a positive, productive way:
DO: Try to stay objective
We know how hard it can be to be objective when you’re going through separation – no matter ...
February 11, 2019 | Posted by : J Morris
Justice Secretary David Gauke has confirmed that an option for no-fault divorce will be introduced into family law, removing the need for couples to assign blame in order to separate. Legislation to enact the reform is due to be brought to the next session of parliament, with the potential to reduce animosity between separating couples, avoid protracted court battles, and offer a faster, cheaper, and more positive method of divorce.
Under current UK family law, the cause for divorce must be allocated to one party, based on a ‘fact’ such as adultery or unreasonable behaviour, or couples must live separately for two to five years. For many, however, neither of ...
February 11, 2019 | Posted by : J Morris
Recent statistics released by NatCen suggest that almost half (46%) of British adults mistakenly believe that unmarried couples who live together have the same rights as legally married couples. Unfortunately there is no such thing as a ‘common-law marriage’ – the correct term is cohabitation, and under current UK family law, unmarried couples are at risk of slipping through the gaps when it comes to legal protection. This means that if a cohabiting couple decide to separate, or one of them dies, they may find themselves in financial difficulty due to a lack of legal protection regarding the fair division of assets and property, and inheritance laws. Even more worrying, these ...
February 04, 2019 | Posted by : J Morris
In case you hadn’t noticed, there’s a de-cluttering revolution going on in the wake of organising consultant Marie Kondo’s minimalist approach to tidying up. The KonMari method detailed in her book, Spark Joy, and recent Netflix series, Tidying Up With Marie Kondo has divided the nation over just how much we’re willing to throw away for the sake of a tidy house.
When it comes to preparing your home for sale and making it as appealing as possible for viewings, however, there’s certainly something to be said for Kondo’s theory, which minimises clutter, maximises space, and aims to create a calm and inviting environment. And who knows? By applying this approach to your home ...
January 25, 2019 | Posted by : J Morris
Family law organisation Resolution is campaigning to change UK divorce laws to allow couples to separate without laying blame. 90% of Resolution members agree that no fault divorce ought to be an option for separating couples, enabling them to split without apportioning blame and reduce the length of the process.
According to a survey of Resolution members:
90% agreed that current laws make it more difficult for family law professionals to reduce confrontation between couples.
67% said that a blame-based system makes it harder for separated parents to reach a positive resolution about children’s arrangements.
80% believed that no-fault divorce would increase the likelihood of couples reaching an agreement out ...
January 15, 2019 | Posted by : J Morris
Resolution - We Need To Talk from Resolution on Vimeo
This short film by family law organisation Resolution is a great place to start when preparing to talk to your children about divorce. It can be difficult for children (and adults!) to deal with the complex emotions and reasons behind separation, but with the right approach you can help your kids to understand what’s going on, how to cope with their feelings, and what to expect from the future.
The video above has some excellent practical tips on talking to your children about separation and help them through the process, such as:
Let your children know what’s going on. Your instinct ...
January 08, 2019 | Posted by : J Morris
When negotiating a financial settlement during divorce or dissolution, there are several ways of dividing up your assets. You may decide to split things straight down the middle, or figure things out on a more flexible, case-by-case basis. Perhaps you’re able to come to an out-of-court resolution between the two of you, or maybe you need some extra help in deciding what’s fair. When one of you is in a financially weaker position, however, arrangements should be made to ensure that the more vulnerable partner is able to adjust to their new circumstances – either via a lump sum (‘a clean break’), or ongoing spousal maintenance.
A Clean Break
A clean break means ...