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
September 08, 2018 | Posted by : J Morris
A new ‘fully digitised’ online divorce application service was recently launched as the latest initiative in the government’s family law modernisation programme. This new service is intended to help couples to manage their separation as simply and efficiently as possible, and to reduce strain on the family courts. However, as with any kind of DIY divorce process, there are pros and cons to be considered, and this kind of service may not be the best choice for everyone.
Everyone’s circumstances are different, and some cases may be far too complicated to be handled without the expert advice of a solicitor, as DIY divorce services tend to be most suitable to those with very ...
September 01, 2018 | Posted by : J Morris
There are many complicated reasons why people might commit adultery, and research has shown that the motivation behind cheating – and the tolerance of their partner – often differs between men and women.*
A recent report from the Office for National Statistics suggests that the balance of infidelity in those petitioning for divorce has see-sawed significantly in the last twenty years. Comparing 2016 statistics to those in 1996, the report showed that fewer women are seeking divorce on the grounds of their spouse’s adultery – a fall of 43%. Conversely, the number of men divorcing their wives for the same reason has increased by around a third.
Another study by ...
April 25, 2018 | Posted by : J Morris
Dividing up assets during divorce can be a sticking point for even the most amicable of couples. It can be difficult to come to an agreement over financial settlements, particularly if there are complicated issues such as multiple properties, businesses, or personal investments, but a few basic ground rules apply to the division of assets:
As a general rule, the value of all assets will be placed into a joint ‘pot’ which will then be divided between the couple according to the needs of each party. Assets may include property, vehicles, savings, the contents of bank accounts and investments as well as personal items.
Spouses are required to declare ...
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 ...
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 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 ...