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 ...
February 23, 2016 | Posted by : J Morris
A recent survey by YouGov in support of Family Mediation Week has revealed a lack of support for couples seeking information on separation, especially when related to children’s issues and finances. According to the poll, up to 38% of respondents were unaware of out-of-court alternatives to separation, such as mediation, arbitration and collaborative family law.
The results of the survey showed that couples felt more positive about the process and outcome of their separation when they had greater access to information about their options. In general, 48% of respondents said that they felt positively about their separation, but this percentage increased and decreased across the country ...
January 02, 2016 | Posted by : J Morris
A recent poll by Resolution commissioned by family law organisation Resolution has gathered opinions and information from young people with experience of parental separation, revealing insights into children’s perspectives of divorce. The survey interviewed young people aged between 14 and 22 on how they felt about their involvement in their parents’ separation. The results showed that the vast majority of children (82%) would rather their parents were happy apart than unhappy together.
“Don’t stay together for a child’s sake,” said one respondent, “Better to divorce than stay together for another few years and divorce on bad terms.” Another young person ...
December 18, 2015 | Posted by : J Morris
Dividing your assets during divorce can be difficult enough without the added complication of sorting out a shared business. But as increasing numbers of people turn to self-employment, many couples also end up as business partners. When it comes to divorce, deciding what to do about your company can be tricky: do you dissolve it and divide the proceeds; should one of you buy out the other; or will you risk leaving the decision to the court?
When you’ve worked hard to build a business, you may dread the prospect of losing it during separation – but divorce does not necessarily mean the end of your ...
August 04, 2015 | Posted by : J Morris
Unfortunately, divorce has the ability to bring out the worst in people. When it comes down to negotiating the particulars of dividing up your assets or dealing with children's issues, sometimes you will discover a whole new side to your ex. Manipulative behaviour comes in many forms – it may follow on from years of financial, physical or emotional abuse, or may be a subconscious attempt to control the situation. Common issues include trying to convince the other party to make agreements without the approval of their solicitor, pressuring them into make decisions before they're ready, or simply complicating matters so that the process becomes drawn out to ‘punish’ them. It’s important to remember that ...
June 11, 2015 | Posted by : J Morris
If you do an internet search for ‘DIY divorce’ or ‘quickie divorce’ you’ll be bombarded with a hundred different options claiming you can speed through the separation process with nothing more than a couple of signatures and a few hundred quid. While this is obviously very appealing to couples wanting to split as fast as possible, when you look at these deals realistically, what you actually end up with is a myriad of extra hidden fees, and a separation process that does not meet your comprehensive needs or protect you from litigation in the future. It’s very likely you’ll find out your ...