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 ...
March 10, 2017 | Posted by : J Morris
Continuing the debate around calls for ‘divorce without blame’, agony aunt and author Virginia Ironside has suggested that people trapped in unhappy, lonely, and isolated marriages should grin and bear it rather than seeking divorce.
Ironside’s claims came in response to a recent case in which a woman seeking divorce after 39 years of marriage had her application refused by a judge after deeming her grounds of ‘unreasonable behaviour’ were not quite unreasonable enough. Instead, the petitioner Tini Owens was advised to wait a further five years feeling “unloved, isolated and alone” in a marriage she has no wish to be a part of. Mrs Owens is ...
February 15, 2017 | Posted by : J Morris
A 2016 matrimonial survey carried out by business advisors Grant Thornton has revealed ‘key issues in the forefront of the minds of family lawyers’ regarding UK divorce ‘in principle and in practice’.
The report surveyed 76 family lawyers for their thoughts on the current state of the family law system, including the rise of litigants in person (LiPs), non-disclosure of assets in divorce cases, and the benefits of introducing an option for ‘no fault divorce’.
The findings showed that the key issues concerning UK family lawyers were consistent with the last four years of research, namely the pressure on the family courts resulting from cuts to legal aid and public funding, which has in turn led to delays, ...
January 28, 2017 | Posted by : J Morris
According to a recent survey, the average settlement costs of divorce for Londoners is almost double that of the rest of the UK, increasing from approximately £70,000 to £134,500.
The research, which surveyed 2,500 UK adults, shows that these elevated costs are in most part due to expensive living costs rather than higher-value assets. Despite higher house prices and pensions in the capital, London couples are paying more for divorce due to the increased cost of rent and mortgage payments, day-to-day living costs, interest on debts, and higher legal fees.
The survey also reported that nearly three-quarters (73%) of London couples experience delays in finalising divorce and financial settlements – in many ...
January 13, 2017 | Posted by : J Morris
Divorcees who refuse to pay financial settlements may be prevented from driving or travelling abroad in a call for harsher sanctions for non-compliance.
The Law Commission has put forward a proposal to tackle the non-payment of settlements by ex-spouses, suggesting the enforcement of new penalties, including confiscation of UK passports and disqualification from driving for up to a year.
Under the current system a financial order is based on the needs of the recipient in terms of day-to-day expenses and support for dependent children. This maintenance payment is either set for a limited period or continues until dependents have finished their education, or one of the parties dies, re-marries, or enters into a civil partnership.
Driving disqualification is already in use as ...
December 04, 2016 | Posted by : J Morris
As if the pressure of Christmas isn’t enough, separated parents have the added stress of dividing up the festive period and negotiating the holidays. Juggling work and childcare and communication with your ex can be tough, but tackling some of those hurdles early on can help pave the way for a proper break (and goodness knows you deserve one!).
First, try to pin down plans with your ex and extended family as soon as possible. Be prepared for your usual routine to be a little mixed up as Christmas parties, school events and visits from friends and family all combine to fill up your calendar – and accept that you’re ...