October 09, 2020 | Posted by : J Morris
No fault divorce will finally be an option for separating couples in 2021, providing a more streamlined, less antagonistic method of dispute resolution by removing the element of blame from the process of divorce.
After years of campaigning for no fault divorce, the Divorce, Dissolution and Separation Bill received Royal Assent in June of this year, and will come into effect in the autumn of 2021.
Under current law, in order to get divorced in England and Wales, you must demonstrate your relationship has permanently broken down using one of the following grounds:
Separation for at least 2 years (if your spouse agrees to the divorce)
Separation for at least 5 years (if your spouse disputes the divorce)
The current system works ...
May 18, 2020 | Posted by : J Morris
According to the College of
Policing (CPS), a ‘cooling-off’ period following an argument at home is likely
to be considered a reasonable reason to leave home during lockdown. Updated guidelines on quarantine regulations from CPS provide a detailed list of what
might constitute reasonable and unreasonable excuses to leave home, including
information on exercise, shopping, helping others, and going to work, and
dealing with a domestic dispute situation.
Of course, police officers
enforcing lockdown restrictions will consider each case on an individual basis
and will “use their discretion and judgement in deciding what is and what isn’t
‘reasonable’ in the circumstances.” Wherever possible – and so long as it is safe
for all those involved – it’s best to stay at home. However, ...
May 06, 2020 | Posted by : J Morris
Since the lockdown measures were put in place we’ve had lots of enquiries from separated parents asking for advice on the rules around children’s arrangements - and we are here to help so please get in touch! The current situation is new to all of us and there are many issues that are turning out to be particularly confusing or difficult to navigate for parents. Co-parenting after separation is challenging enough already, as there’s so much to think about both emotionally and practically for you and your children, but right now it’s even more difficult to know how to balance what is right for the children, how to adhere to existing children’s arrangements, and how to keep ...
April 20, 2020 | Posted by : J Morris
The world is pretty scary right
now, and there’s a lot of uncertainty about the future. We’ve avoided posting
anything about making wills or end-of-life care lately, because nobody needs
reminding about the worst case scenario, but, as it turns out, we’ve had a lot
of enquiries from people wanting help with these issues over the past few
weeks, so perhaps it is something we should
be putting out in the open and facing up to. So many of us feel powerless and
confused and anxious about the developing Coronavirus situation, and it’s
natural to seek out ways of feeling more in control about such an unknown and
unfamiliar situation. For some, that means having peace of mind if the worst did happen.
October 28, 2019 | Posted by : J Morris
Approximately 40% of divorce petitions are issued online, but according to information supplied by the Ministry of Justice, online petitions result in a decree of divorce significantly less often than paper petitions.
The analysis of patterns of attitude and behaviour to online and paper petitions suggests that the slower process of filling in a hardcopy paper form and delivering it to a court office may feel more final and tangible, while the online process may sometimes act as a ‘cry for help’ in a relationship under strain – prompting couples to take action or seek help rather than pursue proceedings.
October 21, 2019 | Posted by : J Morris
We are often asked what is the biggest cause
of divorce. Our answer is always communication or lack of it. According to
relationship researchers at the University of Washington and The Gottman
institute, toxic methods of communication like habitual criticism and
contemptuous attitudes are top predictors for divorce. The way couples speak to
each other, communicate their needs, and resolve differences can have a huge
impact on a relationship. Constant criticism, complaints, disdain and
dissatisfaction gradually chip away at a person’s self-esteem and make it
increasingly difficult for couples to communicate in a healthy way.
Of course, many separating individuals may
argue that criticism of their partner’s behaviour is entirely valid, and we’re
not suggesting that ...
October 14, 2019 | Posted by : J Morris
Changes in attitudes towards marriage a may be behind a rising trend in prenuptial agreements – and, in some cases, ‘petnups’, relating to the custody and care of shared pets.
A prenuptial agreement usually details any assets, liabilities, and expectations a couple brings to a relationship. In the case of separation, this legal document can then be used as an aid to resolve disputes over property, financial settlements, children’s arrangements – or even pets.
Deciding who gets to keep the family pet after divorce can be a
particularly difficult issue. The first legally binding ‘petnup’ agreement was
reportedly launched in 2014, ...
September 23, 2019 | Posted by : J Morris
When people separate - whether married or not - arrangements for children are usually (or should be) paramount. Most people decide between themselves how to make these practical arrangements - after all, they are your children and you know what is best for them - but sometimes it's not possible to come to a mutual agreement without support from a legal professional.
If parents are unable to agree between themselves, or perhaps just need a bit of help ironing out the wrinkles, then mediation is an ideal option. A skilled mediator will help parents come to an agreement that works for everyone, whether that is an informal arrangement or a more formal co-parenting plan, or ...
September 16, 2019 | Posted by : J Morris
Before you engage a solicitor - or even find out whether you will need one - you need to explore your options, decide if you’d like to work with this particular solicitor, and figure out a way forward. Most solicitors will offer you an initial consultation of 30-45 minutes without charge to talk about family law issues such as divorce and separation. Many people arrive with the expectation that the solicitor will be able to give them detailed information on a financial settlement or child arrangements, however these appointments are only meant to provide an introduction and general information on the issues involved. It is simply not possible to provide detailed advice without all the necessary information and ...
September 09, 2019 | Posted by : J Morris
Trying to hide your assets from your partner during divorce is never a good idea – inevitably you will be found out and non-disclosure where you have signed a statement of truth is a contempt of court and a very serious matter, likely to land you in a far worse financial situation than if you declared and included all assets in the pot.
a recent case, a woman attempted to temporarily ‘gift’ away a large sum of inheritance
to her builder with the aim of keeping it out of her divorce. The two had
become friends during plans to build an extension, and Mrs Byrne disclosed ...