November 25, 2019 | Posted by : J Morris
It’s important to update your Will whenever there are major changes in your life, and divorce is definitely one of them. If you made your Will while you were married, you will need to amend it to reflect your new marital status, and ensure that your estate will be handled correctly. Although your Will would still remain valid, after divorce, your ex would not benefit as a beneficiary, nor could they act as an Executor or Trustee. However, these changes would not come into effect until you receive your Decree Absolute, meaning if you died during the process of divorce, your Will would be handled as if you were still married.
If you don’t ...
November 18, 2019 | Posted by : J Morris
Out-of-court methods of dispute
resolution are generally quicker, faster, and less stressful than taking a case
to court, and as family lawyers we would always encourage couples to try one of
these options before pursuing litigation.
There are several alternatives currently available in England and Wales, with a further option for ‘no-fault divorce’ in discussion for the future:
information on any of these out-of-court divorce options, click the links
below, or contact us at www.franceslindsay.co.uk.
What is mediation?
mediation right for me?
Collaborative Family Law
November 11, 2019 | Posted by : J Morris
Family arbitration is something of a mid-point between other alternative methods of dispute resolution and the court process though it is unfortunately often overlooked or simply not made available to separating couples.
Family arbitration is suitable for couples who are unable to reach an agreement between themselves or with the support of a mediator and would prefer not to go to court but still need someone else to help make the decisions. The process involves appointing a joint family arbitrator to act as an objective decision-maker, in much the same a judge would do in the family courts. However, every aspect of the arbitration process remains private, and within a schedule agreed by both ...
August 22, 2019 | Posted by : J Morris
Pensions are often a tricky subject when it comes to divorce, but should never be overlooked - a pension can be the second most valued asset after property – particularly for couples over the age of 60, who may have built up a substantial retirement income. It’s important to declare any pensions and retirement savings when putting together a list of combined assets (and failure to do so could be considered non-disclosure), as a recent report by Scottish Widows has revealed that many women over 60 are failing to take into account their partner’s pension when it comes to negotiating a settlement. Almost half of those ...
August 08, 2019 | Posted by : J Morris
Personal possessions (or ‘chattels’) are
sometimes a tricky subject when it comes to dividing up assets in divorce or
separation – after all, how do you put a figure on something that has
sentimental value? Chattels includes everything inside your home, along with
vehicles and even pets! Essentially, anything other than property
and financial assets.
During divorce, a couple’s main concern is
usually where they’re going to live, what they’re going to do with any shared
property, how to manage and divide their finances, and the future care of any
children. Personal possessions are often fairly low on the list, but ironically
sometimes it’s the little squabbles over individual items that ends up
August 01, 2019 | Posted by : J Morris
new ruling may affect separating couples by increasing the amount of capital
gains tax (CGT) paid by those who choose to move out of the family home before
the property is sold.
gains tax is applicable when you sell an asset that has increased in value
since its purchase. Property is one of the most commonly taxed asset, and also
often makes up the most valuable shared asset for divorcing couples.
rules state that to avoid paying capital gains tax you must sell a property
within 18 months of moving out. However, as of April 2020, this timeframe will
be reduced to just nine months. After this ...
July 22, 2019 | Posted by : J Morris
We’ve talked before about the danger of DIY divorces, acting as a litigant in person, and the myth of ‘quickie’ divorces – and while we understand the need to keep the costs of separation down, or the desire to get things over as quickly as possible, we cannot emphasise how important it is to have independent legal advice before making any kind of divorce agreement.
When it comes to DIY divorce, or attempting to negotiate a settlement as a litigant in person (LiP), there is a very real risk of missing important details, making expensive mistakes, and ending up back in court to sort things out months or years down the ...
July 15, 2019 | Posted by : J Morris
The distribution of assets is rarely straightforward. It would be wonderful if you could split everything down the middle, 50/50 but it rarely works out that way. Relationships, and their associated finances, are complicated, which is why it’s important that each member makes a full and frank disclosure of both individual and jointly owned assets, property, and finances when they enter into the separation process. This is a necessary first step, no matter what approach you take – court divorce, mediation or collaborative methods – and it never pays to try to hide or offload assets (in fact, it is classed as fraud and ...
June 10, 2019 | Posted by : J Morris
Deciding to separate from your partner can be
a huge step, and you may feel a little overwhelmed with all the ‘what ifs’ in
your future. If you’re in the early stages of separation and wondering what to
focus on first, it can be useful to sit down and write down a practical list of
issues to deal with to help you move forward.
We’ve put together a basic checklist to get
you started – you may want to add to or amend it as necessary, since every
circumstance is different, but remember that your ex’s choices and priorities
may not be the same as yours. Once you have a clearer ...
May 28, 2019 | Posted by : J Morris
On the 9th of April this year, the
government announced new legislation to overhaul divorce laws and offer the
option for ‘no fault’ divorce with the aim of reducing family conflict and
simplifying the process of separation for couples who do not wish to assign
The focus of the reform is to minimise
animosity, acknowledging the fact that sometimes a breakdown in marriage is not
necessarily due to specific actions of either party, and laying blame often
creates unnecessary hostility and acrimony during an already difficult time.
Particularly where children are involved, the need for a more positive,
cooperative approach is clear, allowing couples to reconcile if possible, and
move forward with a constructive outlook for the future.
Here’s an ...