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 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 ...
May 31, 2015 | Posted by : J Morris
During divorce and separation, ‘negotiation’ too often devolves into petty squabbling and pointless delay tactics. Finding a way to negotiate in a practical and effective manner is not about getting your own way or fleecing your ex for all they’re worth – it’s about resolving the breakdown of your relationship and moving on. Here are a few tips on negotiating successfully throughout the separation process, whether you’re using mediation, arbitration, collaborative family law, or divorcing through the court:
Make use of your solicitor’s advice and experience. Remember, they’re on your side, even if they have to tell you what you don’t want ...
April 04, 2015 | Posted by : J Morris
Family Law organisation Resolution is calling for a change to the procedure of separation to remove the compulsory implication of blame. Resolution’s proposal suggests a new process in which individuals may ‘give notice that marriage has broken down irretrievably’ as an alternative to assigning blame via the existing grounds for divorce. Under this proposed process, six months after making an official statement of intent, if both parties are in agreement that they want to proceed with the divorce, the decision will be legally finalised.
Currently, to apply for a divorce without a waiting period, one party must bear responsibility for the breakdown of ...
September 17, 2014 | Posted by : J Morris
One of the main practical concerns raised by the divorce clients we meet at Frances Lindsay & Co is the cost. Finances form a major part of the separation process in terms of dividing assets and negotiating settlements, and it makes sense to try to keep costs down where you can. This is sometimes easier said than done, however, especially when a case becomes complicated and protracted, but there are a few preparations and precautions you can take to try to avoid shelling out above and beyond what is necessary.