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
May 27, 2018 | Posted by : J Morris
A common question that often gets overlooked in the process of divorce negotiations is: “Who gets to keep the dog?” (Or any other pet, of course!)
Under UK family law, pets are considered to be included in a couple’s property and possessions, which means the ‘custody’ of any animals is not treated the same way as the process used for children. But, as anyone who has a beloved family pet knows, this kind of decision has the potential to be extremely emotional and the source of much negotiation between you and your ex.
Losing contact with a pet can be devastating, particularly when you may already be feeling vulnerable while working through ...
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 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 ...
December 28, 2017 | Posted by : J Morris
The holidays can be a difficult time if you’re going through relationship struggles. January often heralds a spike in divorce enquiries as tensions rise over the Christmas period and the new year provokes an urge for change.
Whatever your situation, if you’re moving towards the idea of separation and eager for a new start in 2018 then it’s time to speak to a solicitor about your options.
Before you make any serious decisions, it’s important to look at your situation and, if possible, have a frank discussion with your partner about the best way to move forward. Separation needn’t be fraught with animosity or overly complicated if you’re able ...
August 18, 2017 | Posted by : J Morris
Family law organisation Resolution recently published a report in partnership with the Personal Finance Society highlighting the need for collaboration between financial advisors and family law professionals.
The report reveals that there is only one financial specialist accredited in family law for every 5,000 people seeking divorce each year – a total of just 42 advisors in the UK.
National chair of Resolution Nigel Shepherd explains the rationale behind the study:
“We know from talking to financial planners and advisers who are already Resolution members that the world of financial advice is changing.
“What clients want is sound guidance and trusted support. This is especially true in times of change or upheaval, and they do ...
July 04, 2017 | Posted by : J Morris
Whether you’re in the middle of a break up or negotiating life after divorce, dealing with children’s arrangements during the summer holidays can be tricky – particularly if communication is difficult between you and your ex.
Organising childcare, juggling work, and entertaining bored kids is hard enough on its own, without having to walk the delicate tightrope of co-parenting. Points of contention are more likely to flare up when you’re thrown out of your normal routine, and the pressure of finding a way to sharing the holidays fairly and effectively can take its toll. However, by thinking ahead, making a practical (yet flexible) plan, and being prepared to compromise, it’s possible ...
June 16, 2017 | Posted by : J Morris
One of the hardest parts of separating when you have children is communicating productively with your ex. When a relationship ends, it takes time for everyone involved to come to terms with the change and learn how to communicate without animosity and conflict. Co-parenting is a team effort and your children deserve parents who are able to discuss issues relating to their welfare without losing their cool, badmouthing one another, or making things even more difficult.
So how do you foster positive communication with your ex when you’re finding it hard to talk to them at all? Here are five top tips from the experienced family lawyers at Frances Lindsay ...
May 23, 2017 | Posted by : J Morris
National chair of family law organisation Resolution Nigel Shepherd is calling for UK political parties to make a commitment to modernising the family law system in the run up to the general election.
With another election fast approaching, Resolution has put forward four proposals regarding changes to family justice, focusing on the introduction of no-fault divorce, greater legal rights for cohabiting couples, increased access, and financial clarity for those going through separation.
The four proposals encourage representatives to make a commitment to:
Allow couples to divorce without blame.
Give cohabiting couples, who make up 10% of the population, some basic legal rights.
Ensure there is fair access to the family justice system.
Give people more financial clarity on divorce.
According to Mr Shepherd’s ...
May 10, 2017 | Posted by : J Morris
A recent study has revealed that children who are exposed to negative conflict during parental relationship breakdown may suffer detrimentally in terms of cognitive development.
Research from the University of York examined data from 19,000 UK children born in 2000 to study the development of ‘non-cognitive’ skills, such as social interaction, emotional development and behaviour. The study found that children of divorced couples are 30% more likely to suffer from emotional or behavioural issues, and perform 20% lower than their peers in cognitive tests. Notably, however, the study revealed that the negative effects of separation on children occur before divorce, suggesting that it is the conflict leading up to ...