February 17, 2016 | Posted by : J Morris
When you have children, divorce or separation can be an overwhelming prospect. There are so many questions, so many ‘what ifs’, and so many factors to consider. Who will the children live with? Will you be able to stay in the family home? How often will your children see each parent?
Research has shown that children of separated parents find it easier to adjust to changes when they are able to continue to spend quality time with both parents in a consistent and relaxed manner. There are, of course, exceptions to this guideline – and if a child is fearful or anxious about visiting one ...
November 27, 2015 | Posted by : J Morris
A good solicitor can be a lifeline during divorce and separation, especially if communication and negotiation with your ex proves difficult. Your solicitor should provide you with an objective view on your situation and help you make the right decisions based on your circumstances. However, your solicitor is not there to act as a personal therapist or couples counsellor; nor can they bend the law to get you what you want!
When entering into a professional contract with your solicitor, it’s important to know what they can and can’t do for you during divorce – here are some of the most commonly asked questions we’ve received when ...
May 31, 2015 | Posted by : J Morris
During divorce and separation, ‘negotiation’ too often devolves into petty squabbling and pointless delay tactics. Finding a way to negotiate in a practical and effective manner is not about getting your own way or fleecing your ex for all they’re worth – it’s about resolving the breakdown of your relationship and moving on. Here are a few tips on negotiating successfully throughout the separation process, whether you’re using mediation, arbitration, collaborative family law, or divorcing through the court:
Make use of your solicitor’s advice and experience. Remember, they’re on your side, even if they have to tell you what you don’t want ...
April 04, 2015 | Posted by : J Morris
Family Law organisation Resolution is calling for a change to the procedure of separation to remove the compulsory implication of blame. Resolution’s proposal suggests a new process in which individuals may ‘give notice that marriage has broken down irretrievably’ as an alternative to assigning blame via the existing grounds for divorce. Under this proposed process, six months after making an official statement of intent, if both parties are in agreement that they want to proceed with the divorce, the decision will be legally finalised.
Currently, to apply for a divorce without a waiting period, one party must bear responsibility for the breakdown of ...
September 17, 2014 | Posted by : J Morris
One of the main practical concerns raised by the divorce clients we meet at Frances Lindsay & Co is the cost. Finances form a major part of the separation process in terms of dividing assets and negotiating settlements, and it makes sense to try to keep costs down where you can. This is sometimes easier said than done, however, especially when a case becomes complicated and protracted, but there are a few preparations and precautions you can take to try to avoid shelling out above and beyond what is necessary.
August 23, 2014 | Posted by : J Morris
Communication during a divorce can be extremely difficult, especially when you have to explain such an emotional situation to children. Whatever else you say, you must make sure your kids understand that even though you will no longer be together as parents, it doesn’t mean that you don’t love them, and make it very clear that it is not your children's fault. A mediator-solicitor is an excellent choice for separating parents as they offer advice, support, and a practical method of divorce that keeps the needs of children and the family in mind at all times. Your mediator will also be able ...
May 18, 2014 | Posted by : J Morris
According to a social research study, “in sickness and in health” doesn’t necessarily apply to couples over the age of 50. Analysing over 2,500 marriages and 20 years of data, Amelia Karraker and Kenzie Latham, researchers from the University of Michigan Institute for Social Research and Indiana University-Purdue University Indianapolis respectively, discovered that “women are doubly vulnerable to marital dissolution in the face of illness”. Karraker explained: “[Women] are more likely to be widowed, and if they are the ones who become ill, they are more likely to get divorced.”
The study examined how serious physical illness, such as cancer, stroke, lung disease and heart problems, ...
May 14, 2014 | Posted by : J Morris
President of the High Court Family Division Sir James Munby is calling for a radical overhaul of the law to recognise the changing state of families in England and Wales. The intentions of these changes include providing cohabitees with the same legal rights as married couples and removing a sense of blame from divorce.
The President has suggested that divorce could be removed from the court system completely, enabling officials to dissolve marriages instead of judges, in much the same way as registration of births and deaths is handled out of court. The proposed changes intend to reflect the changing face of the traditional nuclear family. Rising numbers of single parents, unmarried parents, step-families and same-sex ...
December 16, 2013 | Posted by : J Morris
For those of you who are facing your first Christmas as a divorcee, you may be worried about the logistics of dividing time with your kids between you and your partner. The holidays can be difficult when you’re separated, especially if the situation is new to you, so we’ve put together a few dos and don’ts to help you to enjoy the seasonal period – whether you’re with your children or not:
Make new traditions – meet up with friends, forego cooking and go out for a Christmas meal, make boxing day your Christmas day, or find a new way to celebrate;
Talk about your situation – whether ...
December 12, 2013 | Posted by : J Morris
Getting divorced means adapting to a new ’normal’ for your family. If you have children, you may be concerned about how to deal with practicalities and finances once you’re separated, but with the right help from your solicitor you can start to make provisions and plans which will help you to ease into your new life as a single parent. It’s important to consider the costs involved in getting divorced as well as how to balance your finances afterwards – in all cases, the more you can agree with your partner, the easier things will be for both of you after your divorce. Here are a ...