March 16, 2018 | Posted by : J Morris
When you decide to separate, choosing the right process for you and your family is the most important first step. Each situation will be different, and there are a number of different options to suit varying circumstances.
But before you seek help from a solicitor, ask yourself a few fundamental questions about what you need and what kind of outcome you’re looking for:
What are the most important issues you need to discuss?
What are your priorities? Dividing up assets or sorting out living arrangements or dealing with children’s issues? Are there any provisional agreements you can make before you seek legal help to streamline the process? Which issues are non-negotiable and ...
March 09, 2018 | Posted by : J Morris
The prospect of divorce can be overwhelming, but there’s plenty of help and advice to be found, and no need to go it alone.
Your first port of call should be your solicitor. Finding the right family lawyer is the key to feeling in control of your situation, and a good solicitor should offer practical support and understanding throughout the separation process.
There are a variety of different options when it comes to divorce, and not all of them involve going to court. Mediation, arbitration and collaborative family law all allow you to resolve disputes privately and effectively without taking your case before a judge.
Family law ...
February 26, 2018 | Posted by : J Morris
#1: Someone has to take the blame
There is currently no allowance for ‘no fault’ divorce in the UK, and unlike America we do not have an option for ‘irreconcilable differences’ when choosing grounds for divorce – someone must accept that they are at fault in some way. The most common grounds for divorce are unreasonable behaviour and adultery. Adultery is pretty self-explanatory but unreasonable behaviour can cover a vast range of reasons, such as financial issues, irresponsible behaviour, emotional manipulation, or simply falling out of love. If you’re unsure about which grounds to choose, speak to your solicitor to discuss your situation.
#2: Don’t stay together ‘for the sake of ...
February 12, 2018 | Posted by : J Morris
Relationship counselling organisation Relate recently published new research on the link between finances and relationship problems: In too deep: an investigation into debt and relationships. The report explores the effects of debt on relationships, such as difficulty communicating, increased conflict, blame and mistrust, and the connection between financial issues and relationship breakdown. Conversely, the report reveals that relationship breakdown can also be a significant cause of debt problems, feeding into a vicious cycle where disagreements over financial worries lead to poor communication, resulting in the debt remaining unresolved.
According to Relate: ‘one in ten people in Britain have experienced a relationship breakdown due to debt, and one in ten argues with ...
February 05, 2018 | Posted by : J Morris
Going to court can be a daunting prospect for couples seeking separation, but there are a number of out-of-court alternatives for those who wish to settle their issues privately and efficiently – one of which is family arbitration. Traditionally used as a method of dispute resolution for businesses and financial issues, arbitration is now an option for couples and individuals in need of assistance in resolving relationship conflict within a supportive and private environment.
Family arbitration can help you to reach a decision about finances, property, and some child-based issues during separation negotiations without the need to go through a potentially costly and antagonistic court process. It can also be ...
January 20, 2018 | Posted by : J Morris
If you have children and are unhappy in your relationship with your partner, you need to consider the well-being of your whole family when it comes to considering separation. If marriage is making you miserable, your children will inevitably be affected, no matter how much you try to hide things from them. Happy parents mean happy children, and studies have shown that the majority of children would rather their parents separate than stay together for their sake if they no longer want to be together.
However, when there are children involved, your approach to separation needs to put them front and centre. This is no time to be squabbling ...
January 13, 2018 | Posted by : J Morris
If you’ve made the decision to separate, you may be feeling a bit overwhelmed about what to do next. This is totally understandable – it’s a huge decision, and there are so many logistics to consider, but you don’t have to go it alone.
The first step is to find an experienced solicitor to talk over your options. Going to court is not the be-all-and-end-all of divorce – there are a variety of alternatives that cost less, are more flexible, and allow you to work collaboratively with your ex.
Under current UK family law legislation, there is, unfortunately, no option for divorce without blame, but there are ways to approach separation ...
December 12, 2017 | Posted by : J Morris
A recent report on women and retirement from Scottish Widows reveals that over two thirds of divorcing couples fail to discuss pensions during settlements and, as a result, women are often left worse off when it comes to finances post-separation.
The study suggests that women are less likely to prepare adequately for retirement, with 52% of women surveyed having plans in place compared to 59% of men. Additionally, one out of four women have a smaller pension pot than their husband.
When it comes to divorce and separation, 48% of women reported that they did not know how pensions might be divided or distributed when a couple split, and ...
November 09, 2017 | Posted by : J Morris
Reduction in legal aid has led to increase in DIY divorce as couples attempt to negotiate the terms of their separation as litigants in person (LiP). This has led to concern over a lack of support and 'impossible' court delays due to the difficulty in dealing with the strain of handling their own case. Family law professionals and organisations such as Resolution have spoken out about the difficulty faced by LiPs, and the need for legal aid as well as an option for couples to choose no fault divorce.
According to the latest Ministry of Justice report, over a third of divorce-related disputes now involve unrepresented litigants – ...
November 07, 2017 | Posted by : J Morris
As December creeps closer, many of our clients begin to worry about how separation will affect Christmas with their children. To help you plan a cooperative, low-stress festive period, here are five top tips from the divorce team at Frances Lindsay & Co:
At Frances Lindsay & Co our family law solicitors specialise in putting children first when it comes to divorce, creating child-centred solutions for separating parents based on a cooperative approach. Alternatives to court divorce such as mediation and collaborative family law help to keep your affairs private and focus on ensuring that children's wellbeing is made paramount, including living arrangements, maintenance and creating a co-parenting plan for the future.
To speak to an experienced and friendly family ...