July 03, 2018 | Posted by : J Morris
Juggling work, childcare, holidays and dividing up parenting time between your ex can be a minefield for separated couples with children during the summer. But with a little preparation and practical co-parenting you can avoid conflict and ensure you enjoy the summer holidays with your kids with the minimum of stress.
Here are some top tips on coping with the summer hols from our expert family law solicitors at Frances Lindsay & Co:
Take each day as it comes and remember:
Organise and prioritise
Keep your kids in the loop
Communicate with your ex
Focus on quality time with your children
We hope you have a great summer, but ...
June 25, 2018 | Posted by : J Morris
MPs are pushing for an amendment to the Children’s Act to allow grandparents and extended family the legal right to see grandchildren after a divorce. Under current UK family law relatives must apply to court for a child arrangement order (CAO) to acquire access rights following the separation of a child’s parents.
The proposed changes, discussed in the House of Commons recently, would protect the rights of grandparents, aunts and uncles to allow them access to children of divorced parents. Previously, extended family members have been accused of harassment and visited by police after trying to seek contact after a difficult divorce, and the debate highlighted the fact that grandparents and other ...
June 18, 2018 | Posted by : J Morris
At the end of last year we talked about plans to combat the practice of ‘gazumping’ in the property industry, but this ethical grey area is not the only reason sales fall through. In many cases, it’s a lack of preparation and organisation that causes the process to break down. Often issues that could have been avoided with the help of an experienced solicitor and a savvy approach to conveyancing.
Around 200,000 property transactions collapse each year, incurring fees for buyers who have lost out on a home they intended to purchase. They say any chain is only as strong as its weakest link – in terms of property ...
June 11, 2018 | Posted by : J Morris
When you’re going through separation and have children to consider, it’s important to address the many changes your family will go through. Some of these changes will be big and potentially scary to children, such as moving house, the possibility of not seeing both parents as much as usual, and coping with the uncertainty of what happens next. Other changes will be small but no less significant in a child’s eyes, such as whether they’ll still get to go to their usual after school clubs, or which toys to bring when going between each parent’s place. During the course of separation and divorce, it’s important to keep communicating with your ...
June 04, 2018 | Posted by : J Morris
The latest report on consumer savings and debt from True Potential Investor suggests that between 29% and 45% of people in the UK are not contributing regularly to a pension.
The report, which studied date from 2016-2017, provided statistics on UK pensions which also revealed that a third (33%) of people worry daily about their finances. On average, pension contributions vary between £203 and £566, and women are more likely than men not to set aside monthly additions to a pension. But in the third quarter of 2017, almost half (49%) of people surveyed for the report failed to add to their pension pot, suggesting that many are struggling to prioritise ...
May 27, 2018 | Posted by : J Morris
A common question that often gets overlooked in the process of divorce negotiations is: “Who gets to keep the dog?” (Or any other pet, of course!)
Under UK family law, pets are considered to be included in a couple’s property and possessions, which means the ‘custody’ of any animals is not treated the same way as the process used for children. But, as anyone who has a beloved family pet knows, this kind of decision has the potential to be extremely emotional and the source of much negotiation between you and your ex.
Losing contact with a pet can be devastating, particularly when you may already be feeling vulnerable while working through ...
May 20, 2018 | Posted by : J Morris
There are over three million unmarried couples in the UK and ‘cohabitation’ is the current largest growing family type, but people in ‘common law’ marriages remain unprotected by the rights married couples are automatically entitled to when it comes to separation.
There is no such thing as a ‘common law’ marriage – unmarried couples who live together are cohabitants – and there are very few recourses in place to protect them should they decide to part ways unless they have set up the proper legal documentation during their relationship, such as a cohabitation agreement.
When a married couple decides to get divorced, their assets and liabilities will be considered by the court and divided ...
May 10, 2018 | Posted by : J Morris
A recent report by the Nuffield foundation reinforces the argument that UK family law is in need of a ‘no-fault’ option for divorce, and that the current imperative to assign blame only leads to animosity during court battles between separating couples.
The study, led by Professor Liz Trinder at Exeter University, looked at 500 divorce cases and discovered that many “defended cases are triggered by the law itself” which requires couples to provide grounds for divorce that assign blame to one or other party. Three of the five grounds for divorce include allegations of fault, either due to adultery, behaviour, or desertion. Disputes of this kind inevitably become centred around ...
May 03, 2018 | Posted by : J Morris
Pre-nuptial agreements are often seen as a cynical and unromantic approach to getting married, but since it’s considered sensible to insure and protect every other aspect of our lives – from writing a will to insuring a car – why should a relationship be any different?
And it’s not just the super-wealthy or celebrities who need a pre-nup – over half of UK marriages end in divorce – and while pre-nuptial agreements are not automatically technically binding in divorce proceedings, they can be extremely helpful in minimising antagonism and protracted financial negotiations in the event of separation.
There are clear steps laid out by the Court and the Law Commisssion when it comes ...
April 25, 2018 | Posted by : J Morris
Dividing up assets during divorce can be a sticking point for even the most amicable of couples. It can be difficult to come to an agreement over financial settlements, particularly if there are complicated issues such as multiple properties, businesses, or personal investments, but a few basic ground rules apply to the division of assets:
As a general rule, the value of all assets will be placed into a joint ‘pot’ which will then be divided between the couple according to the needs of each party. Assets may include property, vehicles, savings, the contents of bank accounts and investments as well as personal items.
Spouses are required to declare ...