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 18, 2017 | Posted by : J Morris
Happy birthday to us! January 2017 marks a milestone of 20 years for Frances Lindsay & Co and we’re proud to have provided the Thames Valley with two whole decades of expert, personalised, effective family law services.
The firm was set up by family lawyer Frances Lindsay (clue’s in the name!) in 1997 with the aim of offering 'a different kind of family law' - our work is not just about paperwork, it's about real people, and we have always been committed to providing a service that takes into account each client's emotional and practical needs.
Our family law department includes senior partner Frances Lindsay, partner Sadie Glover, Martin Lambert, and their brilliant PAs ...
May 26, 2016 | Posted by : J Morris
The university of Buffalo has conducted a study to research the effects of drinking on the rate of divorce and found that when there is a notably discrepancy between a couple’s drinking habits, the likelihood of divorce is higher.
The study followed 634 couples over the first nine years of marriage, recording the drinking habits of each party. Results suggest that when a couple’s habits are similar, the rate of divorce is lower than when one party drinks more heavily than the other. In couples where one member drank significantly more, the rate of divorce was approximately 50% within the first nine years. However, for those with equal levels of drinking, the ...
February 17, 2016 | Posted by : J Morris
When you have children, divorce or separation can be an overwhelming prospect. There are so many questions, so many ‘what ifs’, and so many factors to consider. Who will the children live with? Will you be able to stay in the family home? How often will your children see each parent?
Research has shown that children of separated parents find it easier to adjust to changes when they are able to continue to spend quality time with both parents in a consistent and relaxed manner. There are, of course, exceptions to this guideline – and if a child is fearful or anxious about visiting one ...
November 27, 2015 | Posted by : J Morris
A good solicitor can be a lifeline during divorce and separation, especially if communication and negotiation with your ex proves difficult. Your solicitor should provide you with an objective view on your situation and help you make the right decisions based on your circumstances. However, your solicitor is not there to act as a personal therapist or couples counsellor; nor can they bend the law to get you what you want!
When entering into a professional contract with your solicitor, it’s important to know what they can and can’t do for you during divorce – here are some of the most commonly asked questions we’ve received when ...
November 03, 2015 | Posted by : J Morris
We recently reported on an appeal to the UK Supreme Court to consider the impact of fraudulent non-disclosure in divorce cases. Varsha Cohil and Alison Sharland sought an investigation into the concealment of their husbands’ wealth and assets, claiming they had been ‘duped’ into accepting far less than was available during financial settlements.
Both women received a settlement from their ex-husbands but later discovered their assets to be worth far more than was disclosed during divorce. Following an investigation, the Supreme Court has unanimously allowed Mrs Sharland’s appeal. Applications for financial relief will now be returned to the Family Division of the High Court.
In judgement of the case, Lady Hale stated: “It is the parties’ duty to make ...