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 ...
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 ...
January 08, 2021 | Posted by : J Morris
Approximately 40% of all divorce petitions are submitted online, and it’s highly likely that percentage has increased since the start of the Covid-19 pandemic. Submitting a petition online can be convenient and quick, but there are also some drawbacks to weigh up before you proceed.
The online application process was set up with an aim to make things easier and more accessible for couples wishing to separate in response to rising numbers of litigants in person. However, the main issue with this is that most people don’t have the resources or knowledge to adequately represent themselves, and even the simplest online system will not fix that.
In all cases, it’s highly recommended that you speak to an experienced solicitor before ...
March 12, 2015 | Posted by : J Morris
Yesterday the Supreme Court reinstated the right of a millionaire’s ex-wife to claim financial support after nearly 20 years after their divorce. After marrying in 1981 and divorcing in 1992 with no assets to divide, Kathleen Wyatt and Dale Vince went their separate ways. While Wyatt continued to bring up their two children, Vince founded green energy company Ecotricity, now a multi-million pound business. In 2010 Kathleen made an appeal to receive a financial settlement, 18 years after the fact.
The Supreme Court have since allowed the appeal, acknowledging it as a legally recognisable claim and enabling Wyatt’s application to continue through the Family Division of the High Court. This means she will ...