November 11, 2019 | Posted by : J Morris
Family arbitration is something of a mid-point between other alternative methods of dispute resolution and the court process though it is unfortunately often overlooked or simply not made available to separating couples.
Family arbitration is suitable for couples who are unable to reach an agreement between themselves or with the support of a mediator and would prefer not to go to court but still need someone else to help make the decisions. The process involves appointing a joint family arbitrator to act as an objective decision-maker, in much the same a judge would do in the family courts. However, every aspect of the arbitration process remains private, and within a schedule agreed by both ...
November 04, 2019 | Posted by : J Morris
When you’re in the midst of a divorce, throwing a party might be the last thing on your mind, but the rise of the ‘divorce ceremony’ suggests that there’s some catharsis to be found in marking the end of difficult period of your life.
take part in so many rituals and customs to do with the beginning or cementing
of a relationship – engagements, hen parties and stag dos, wedding breakfasts,
the renewing of vows, anniversaries – so it seems strange that the end of a
relationship is rarely given the same treatment. This may partly due to the
misconception that a divorce party is based on spite ...
October 28, 2019 | Posted by : J Morris
Approximately 40% of divorce petitions are issued online, but according to information supplied by the Ministry of Justice, online petitions result in a decree of divorce significantly less often than paper petitions.
The analysis of patterns of attitude and behaviour to online and paper petitions suggests that the slower process of filling in a hardcopy paper form and delivering it to a court office may feel more final and tangible, while the online process may sometimes act as a ‘cry for help’ in a relationship under strain – prompting couples to take action or seek help rather than pursue proceedings.
October 21, 2019 | Posted by : J Morris
We are often asked what is the biggest cause
of divorce. Our answer is always communication or lack of it. According to
relationship researchers at the University of Washington and The Gottman
institute, toxic methods of communication like habitual criticism and
contemptuous attitudes are top predictors for divorce. The way couples speak to
each other, communicate their needs, and resolve differences can have a huge
impact on a relationship. Constant criticism, complaints, disdain and
dissatisfaction gradually chip away at a person’s self-esteem and make it
increasingly difficult for couples to communicate in a healthy way.
Of course, many separating individuals may
argue that criticism of their partner’s behaviour is entirely valid, and we’re
not suggesting that ...
October 14, 2019 | Posted by : J Morris
Changes in attitudes towards marriage a may be behind a rising trend in prenuptial agreements – and, in some cases, ‘petnups’, relating to the custody and care of shared pets.
A prenuptial agreement usually details any assets, liabilities, and expectations a couple brings to a relationship. In the case of separation, this legal document can then be used as an aid to resolve disputes over property, financial settlements, children’s arrangements – or even pets.
Deciding who gets to keep the family pet after divorce can be a
particularly difficult issue. The first legally binding ‘petnup’ agreement was
reportedly launched in 2014, ...
September 23, 2019 | Posted by : J Morris
When people separate - whether married or not - arrangements for children are usually (or should be) paramount. Most people decide between themselves how to make these practical arrangements - after all, they are your children and you know what is best for them - but sometimes it's not possible to come to a mutual agreement without support from a legal professional.
If parents are unable to agree between themselves, or perhaps just need a bit of help ironing out the wrinkles, then mediation is an ideal option. A skilled mediator will help parents come to an agreement that works for everyone, whether that is an informal arrangement or a more formal co-parenting plan, or ...
September 16, 2019 | Posted by : J Morris
Before you engage a solicitor - or even find out whether you will need one - you need to explore your options, decide if you’d like to work with this particular solicitor, and figure out a way forward. Most solicitors will offer you an initial consultation of 30-45 minutes without charge to talk about family law issues such as divorce and separation. Many people arrive with the expectation that the solicitor will be able to give them detailed information on a financial settlement or child arrangements, however these appointments are only meant to provide an introduction and general information on the issues involved. It is simply not possible to provide detailed advice without all the necessary information and ...
September 09, 2019 | Posted by : J Morris
Trying to hide your assets from your partner during divorce is never a good idea – inevitably you will be found out and non-disclosure where you have signed a statement of truth is a contempt of court and a very serious matter, likely to land you in a far worse financial situation than if you declared and included all assets in the pot.
a recent case, a woman attempted to temporarily ‘gift’ away a large sum of inheritance
to her builder with the aim of keeping it out of her divorce. The two had
become friends during plans to build an extension, and Mrs Byrne disclosed ...
September 02, 2019 | Posted by : J Morris
Every time a well-known celebrity is in the news for getting a miraculously fast divorce, the amount of enquiries we receive about ‘quickie divorces’ shoots up. And every time that happens, we have to patiently explain that there’s no such thing – no matter what the headlines say – and on occasions we have to give someone the disappointing advice that they are unlikely to be able to remarry within the next two to three months.
The latest star to join the annals of ‘quickie’ legend is actress Bonnie Langford, who recently separated amicably from her husband of 20 years and was – according to the news – awarded an astonishingly quick ‘90-second ...
August 22, 2019 | Posted by : J Morris
Pensions are often a tricky subject when it comes to divorce, but should never be overlooked - a pension can be the second most valued asset after property – particularly for couples over the age of 60, who may have built up a substantial retirement income. It’s important to declare any pensions and retirement savings when putting together a list of combined assets (and failure to do so could be considered non-disclosure), as a recent report by Scottish Widows has revealed that many women over 60 are failing to take into account their partner’s pension when it comes to negotiating a settlement. Almost half of those ...