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 ...
November 26, 2016 | Posted by : J Morris
Family law organisation Resolution recently updated its Code of Practice to reflect its aims to shape the family justice system for the better. To raise awareness of these changes, Resolution are running the Good Divorce Week campaign from 28th November to 2nd December – join us on Twitter and follow the hashtag #ABetterWay to see how we can work together to move away from towards a system of divorce without blame.
On Wednesday 30th of November, 150 members of Resolution will be holding a Lobby Day in Parliament to campaign for no-fault divorce and improved rights for cohabiting couples. According to research conducted by the family law organisation, ...
October 06, 2016 | Posted by : J Morris
Collaborative family law is an out-of-court cooperative method of separation that allows couples to resolve their issues with a 'less adversarial, more solution-oriented' approach.
Deciding to separate is a big decision. Even more so if there are children involved. The collaborative process involves working together as a separating couple, with the support and advice of Resolution-trained solicitors, to ensure that you find the best solution for you as a family.
As a separating parent, you don't have the choice to simply walk away. You and your ex-partner have a responsibility to try to make the best of the situation and find a way to co-parent in the future. Collaborative family law is designed to facilitate clear communication and fair decision-making, ...
February 12, 2016 | Posted by : J Morris
Families going through separation require professional support before, during and after the process to ensure they make the right decisions for their situation. Unfortunately, many couples find they do not have access to the information they need, or are unaware that alternatives to the often expensive and protracted method of court divorce exist.
Relate recently released a report entitled Breaking is hard to do which seeks to address these issues, putting forward 13 recommendations for policy makers to improve the divorce process in order to ‘assist families to navigate family relationship support before, during and after separation’.
The aims of these recommendations include:
Placing families in need of information ...
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 ...
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 ...