April 13, 2021 | Posted by : J Morris
The pandemic has seen a sharp spike in the number of people making a will, with a close correlation between news events and future planning. Before the global Covid crisis it was reported that around two thirds of British adults did not have an up-to-date will, so while we’d rather the circumstances were different, it is encouraging that more people are taking their future planning more seriously and protecting themselves and their family should the worst happen.
Online and telephone will making services reported an increase in enquiries of over 200% in 2020, particularly by people under the age of 35, with a 300% rise in will-writing by millennials and gen-Zs.
The most popular date for making a will was ...
April 10, 2021 | Posted by : J Morris
It’s really too early to say whether the pandemic has affected the rate of divorce – some reports show a rise in enquiries while others seem to suggest that people are holding off on separation until things go back to normal, while yet others highlight the fact that many couples have used lockdown to really work on their relationships and become closer during this time.
However, the events of the last year have certainly put a lot of stress on couples and families, and for those who have decided to split, the pandemic has certainly impacted the divorce process in several ways:
Court Delays and Out of Court Alternatives
Despite initial delays the Family Court has done its best to ...
April 07, 2021 | Posted by : J Morris
Finances are usually the main focus of divorce negotiations as they are tied up with pretty much every other aspect of the process – assets, debts, property, children’s arrangements and even future considerations like pensions and retirement. Getting all the necessary documentation together can feel a bit like an audit but it’s important to make sure that you have a thorough and accurate financial overview of both your joint and individual circumstances in order to move forward and reach a fair settlement.
Your solicitor is your best guide for working through this process, as every situation will be unique, but there are several important financial considerations that everyone should be mindful of:
Delayed Financial Settlements
Under current divorce laws, it’s possible ...
April 01, 2021 | Posted by : J Morris
The breakdown of a relationship is rarely due to one single event. Of course there are moments of high emotion or final straw incidents – the deal breakers that mark the beginning of the end – but in most cases there will be underlying issues, and things will have been gradually breaking down for much longer. A slow accumulation of little things, micro-aggressions, irritations and hairline fractures, until it only takes one more nudge to send the whole thing crashing down… The ‘facts’ put down to prove unreasonable behaviour often only show a tiny portion of the real situation, and infidelity is often a symptom of a much deeper problem within a relationship.
Far too often, it’s communication that ...
March 12, 2021 | Posted by : J Morris
Mediation is an effective out-of-court alternative to court divorce that allows couples to come to a decision about the details of their separation in a cooperative way. Mediation has many benefits for separating couples, including generally being lower in cost and faster than going to court, and being more flexible and convenient since couples can choose who acts as their mediator as well as when they have their appointments. Mediation can be particularly helpful for couples with children as it focuses on a collaborative approach and paves the way for better communication as co-parents in the future. Mediation can also be used for the dissolution of a civil partnership as well as for cohabiting couples who wish to ...
March 08, 2021 | Posted by : J Morris
Going through divorce negotiations can be a challenge. There are so many variables to consider and no one-size-fits-all guide to follow – each case is unique and you really need the support of an experienced solicitor to help you find the best solution. Many people simply want to get things over and done with as quickly and cheaply as possible or don’t want to ‘make a fuss’ about the nitty gritty details of dividing up assets, while others will drag out the process by picking holes in every decision and end up in lengthy (and costly) litigation, but no matter how things go, there are a few major red flags to look out for along the way to ...
March 05, 2021 | Posted by : J Morris
Around 1.4 million couples in the UK are also joint owners of a company, but when you are partners in business as well as marriage there can be added complications if your relationship comes to an end.
For couples who own a business together, their finances, assets, and future employment may all be tied up in the company, making splitting things fairly somewhat complex. It’s common for spouses to be 50/50 shareholders but divorces don’t always result in a 50/50 split, and sometimes decisions about what happens to a business after separation cross over from family law into corporate law.
There are, of course, many variables when it comes to dealing with a business in divorce—some situations may be relatively ...
March 01, 2021 | Posted by : J Morris
Dealing with the breakdown of a relationship under pressure during the pandemic is no small feat—especially when you may be unable to make any practical changes to your situation for the foreseeable future. Delays to the family court, lockdown restrictions, financial concerns and employment uncertainty are putting many couples’ separation plans on hold, while others are still undecided over whether they want to split, left in the limbo of not knowing if it’s the stress of the current circumstances that’s the problem or if there really are underlying issues in their relationship.
If you’re struggling but stuck living together for the time being, a ‘sleep divorce’ might help to give you both some space to consider your situation, your ...
February 08, 2021 | Posted by : J Morris
Despite what media coverage of celebrity splits might have you think, there’s no such thing as a ‘quickie’ divorce, although the new option for No Fault Divorce due to come into effect this autumn is aiming to simplify and streamline the process. Until then, however, the options for divorce are:
Live apart for at least 2 years (if both of you agree to the divorce) before lodging a petition
Live apart for at least 5 years (if one of you objects to the divorce) before lodging a petition
Lodge a petition based on behaviour, adultery or desertion, providing ‘facts’ for why you want a divorce
‘Behaviour’ is the most common ground for divorce and may cover a wide range of reasons that ...
February 05, 2021 | Posted by : J Morris
As of 31st December 2020, new rules will be applied to international divorces due to Brexit. If you and your spouse are of different nationalities, have a second home, live or work in Europe, your approach to separation will need to take into account these changes to avoid additional complications and costs.
Previous rules incorporated EU regulations which follow a ‘first past the post’ approach, i.e. the country in which proceedings are issued first has the priority, but the new rules state that if divorce petitions are filed in two separate jurisdictions, the country to which both parties have the ‘strongest links’ will hear the divorce case.
This is something of a grey area, and may vary from couple to ...