December 05, 2019 | Posted by : J Morris
When it comes to buying property and dealing with conveyancing issues, securing a mortgage is often the biggest hurdle you’ll face during the whole process. There are a multitude of variables that will affect your chances of getting a mortgage, depending on your circumstances and financial situation, but sometimes it has more to do with the property itself than your ability to pay for it.
When you’re house hunting, it’s
worth being aware that there are certain types of properties that lenders may
be warier of due to their age, location, or construction. This might mean your
deposit goes up, or it’s harder to get ...
November 25, 2019 | Posted by : J Morris
It’s important to update your Will whenever there are major changes in your life, and divorce is definitely one of them. If you made your Will while you were married, you will need to amend it to reflect your new marital status, and ensure that your estate will be handled correctly. Although your Will would still remain valid, after divorce, your ex would not benefit as a beneficiary, nor could they act as an Executor or Trustee. However, these changes would not come into effect until you receive your Decree Absolute, meaning if you died during the process of divorce, your Will would be handled as if you were still married.
If you don’t ...
November 18, 2019 | Posted by : J Morris
Out-of-court methods of dispute
resolution are generally quicker, faster, and less stressful than taking a case
to court, and as family lawyers we would always encourage couples to try one of
these options before pursuing litigation.
There are several alternatives currently available in England and Wales, with a further option for ‘no-fault divorce’ in discussion for the future:
information on any of these out-of-court divorce options, click the links
below, or contact us at www.franceslindsay.co.uk.
What is mediation?
mediation right for me?
Collaborative Family Law
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 ...