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 ...
January 01, 2019 | Posted by : J Morris
Unmarried couples who live together do not automatically have the same legal rights as married couples, and when it comes to separation, sorting out the division of finances, property and assets can be tricky.
If your situation isn’t straightforward, it’s important to get legal advice on what you may be entitled to, and how to reach an agreement with your ex for a fair resolution.
The most common causes for dispute between cohabiting couples during separation are:
Handling finances (including dealing with any shared debts)
Splitting assets such as property (particularly if only one of you is named on the deeds)
Making children’s arrangements
When it comes to finances and assets, a ...
December 27, 2018 | Posted by : J Morris
As the new year approaches, many of us start thinking about making resolutions. January is the month of new starts, good intentions, and fresh hopes for the future…
Now, updating your legal documentation might not be your first thought when considering new year’s resolutions but it may be more relevant than you think – and having your affairs in order can be a huge weight off your mind, helping you step into the new year with confidence and purpose.
Most of us never really consider the importance of our legal status until something goes wrong, or we find ourselves in the middle of a major life change. Selling or buying property, dealing with the death ...
December 21, 2018 | Posted by : J Morris
Parenting is made up of hundreds of thousands of decisions, both large and small. Some are fairly insignificant in the grand scheme of things - like whether you’ll let them have ice cream for pudding – while others will affect the rest of your children’s lives. As a couple, most of these decisions are made together, but what happens if you separate? How do you make important decisions about your child’s well-being as divorced parents?
After divorce, making decisions about children’s arrangements with your ex may be a little bit more complicated, but the same rules you followed when you were together should continue to apply. The most important thing to ...
December 14, 2018 | Posted by : J Morris
Family Law organisation Resolution is campaigning for better cohabitant rights, helping unmarried couples to access the same legal protection as those who are married.
Despite cohabitation being the fastest growing type of family unit in the UK, the law has yet to catch up with the needs of unmarried couples when it comes to legal rights.
Unlike married couples, cohabitants lack certain protections when it comes to separation, property, inheritance, and even child maintenance. This can cause serious issue when cohabiting couples separate, or if one of them dies without naming their partner in their will, as there are currently no automatic processes for the division of assets or inheritance for unmarried ...
December 03, 2018 | Posted by : J Morris
The holidays can be tough, even when you’re not going through a major life change, so if you’re facing your first Christmas after separation, you may be feeling a little overwhelmed…
At Frances Lindsay & Co we often find our divorce clients go into panic mode at this time of year, trying to make things ‘perfect’ for their kids, keep up with the Joneses when it comes to social activities and buying presents, or simply try to pretend as if they’re not dealing with a massive amount of stress. But this kind of approach will only lead to burnout, and a time that should be spent having a well-earned rest with your friends and family suddenly turns into another burden ...
November 25, 2018 | Posted by : J Morris
The debate around no fault divorce has been highlighted recently by the case of Tini Owens, a woman who claimed she was trapped in an unhappy marriage but was denied an appeal for divorce based on her husbands behaviour. Under the current family law system petitioners must choose from five facts to support the ground that the marriage has broken down irretrievably with the most common being ‘behaviour’, but even this requires proof and for the respondent to accept ‘blame’. For those in unhappy marriages, with no clear or provable reason for wanting to separate, the need to assign fault during divorce often causes additional and unnecessary ...
November 18, 2018 | Posted by : J Morris
One of the most frustrating things about selling a property is arranging endless viewings but not getting a single offer… According to a survey by Zoopla, most buyers make a decision about a property within a mere half an hour of viewing. There are many reasons why your property isn’t selling that are beyond your control – timing, location, the state of the market etc – but there are certain things you can do to encourage prospective buyers to put in an offer. And a number of issues that might put them off…
The longer your home sits on the market, the more it’s going to cost you, so it makes sense ...
November 11, 2018 | Posted by : J Morris
A proposal for a new option of ‘no-fault’ divorce is currently under consultation in a move that would completely reform family law in England and Wales. The overhaul would include removing the need for blame to be allotted to one party via grounds for divorce and streamline the process to enable couples to separate with the minimum of acrimony.
Under existing divorce laws there is only one ground for divorce which is irretrievable breakdown of marriage. This must be proven by one of the five facts which are:
Living apart for 2 years
Living apart for 5 years
Only the final two options allow couples to divorce without a specific ...