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Collaborative Law in UK Divorce: A Smarter Way to Settle Disputes

Fri, 20 Mar 2026 07:36:36 GMT

What Is Collaborative Law in UK Divorces and How Can It Help?

Article summary:

Collaborative law is a structured, voluntary process where you and your former partner resolve financial and child arrangements outside court.
Each person has their own specially trained solicitor present throughout a series of joint four-way meetings.
Everyone signs a Participation Agreement committing to full disclosure and agreeing not to issue contested court proceedings while the process runs.
The process can be quicker, more private, and less adversarial than conventional litigation, particularly where children are involved.
Collaborative law requires a basic level of trust, safety, and willingness to engage, so it is not suitable for every separating couple.
Any settlement reached can be converted into a binding court order as part of the normal divorce process in England and Wales.

Collaborative law is a voluntary way for divorcing couples in England and Wales to agree on finances and child arrangements in a series of structured meetings, without asking a judge to decide. You and your former partner each have your own collaborative solicitor present, and together you work through the key issues at a pace that suits your family.

This article explains what collaborative law is, how the process works in practice, which kinds of cases it suits, and where its limitations lie. It also compares collaborative law with mediation and solicitor-led negotiation, before finishing with some practical guidance on whether this route might help in your situation.

What is collaborative law in a UK divorce?

Collaborative law is a form of non-court dispute resolution in which you and your former partner, each with your own collaboratively trained solicitor, meet together to resolve financial and children's issues face to face. It is entirely voluntary and distinct from both court proceedings and traditional mediation.

The key features of the process are:

You each instruct your own collaborative family solicitor who has completed specialist training in the collaborative method.
Everyone signs a written Participation Agreement committing to work towards settlement without starting contested court proceedings during the process.
All substantive negotiations take place in joint four-way meetings involving you, your former partner, and both solicitors.
You agree to give complete and honest financial disclosure and to focus on solutions that work for the whole family, including any children.
If either of you issues contested court proceedings, the collaborative process ends, and both collaborative solicitors must step aside.

Collaborative law does not replace the legal framework for divorce under the Matrimonial Causes Act 1973 and the Divorce, Dissolution and Separation Act 2020 . The court still handles the divorce itself, and it can approve any financial agreement you reach by making a consent order.

How does the collaborative divorce process work?

The process follows a clear sequence, though it can be adapted to your family's circumstances and priorities.

Choose collaborative solicitors - you each choose a family solicitor who practises collaboratively. Only solicitors with specific training can act in collaborative cases. Resolution, the family lawyers' professional body, maintains directories of trained practitioners, and most collaborative solicitors make this clear on their websites.
Initial individual meetings - before any joint meeting, you meet your own solicitor privately. You discuss your priorities, concerns, and financial position, and your solicitor explains the process, likely timescale, costs, and what genuine commitment will be expected of you.
Signing the Participation Agreement - at the first four-way meeting, everyone signs a Participation Agreement. This document includes the disqualification clause, which confirms that if the process breaks down and contested proceedings begin, both collaborative solicitors must cease acting for you.
Four-way meetings - the main work happens through a series of joint meetings. Typical topics include:

How the children are coping and what living and contact arrangements might work best for them.
What assets, debts, pensions, and incomes each of you holds, based on open financial disclosure .
Interim arrangements, such as mortgage payments, living arrangements, and temporary child contact.
Longer-term solutions, including property division, maintenance, pension sharing, and parenting plans.

You agree on the agenda for each meeting together. Additional professionals, such as a pensions on divorce expert, an independent financial adviser, or a family consultant to support the children, can be invited into the process where needed.

Reaching and recording an agreement - once a full agreement is reached, the solicitors draw up the necessary documents. Financial settlements are converted into a draft consent order for the family court to approve, and child arrangements can be recorded in a parenting plan or a formal order if appropriate.

What are the main benefits of collaborative law?

Collaborative law offers several practical advantages over a fully contested court process. For many families, the benefits extend well beyond the legal settlement itself.

More control and flexibility: you and your former partner set the pace, the agenda, and the solutions, rather than waiting on court dates and a judge's timetable.
Reduced conflict: meeting in a structured setting with both solicitors present helps to reduce misunderstandings and keeps conversations more respectful.
Privacy: collaborative meetings take place in private, usually in solicitors' offices or online, with no public court hearings.
Legal support throughout: unlike mediation, where the mediator must remain neutral, you each have your own solicitor in the room to advise you and speak on your behalf at every stage.
Focus on children: the process encourages decisions centred on children's wellbeing, and specialists can be brought in to help design workable co-parenting arrangements.
Potentially quicker and more cost-effective: there are no lengthy court waiting times, and dealing with all issues in focused meetings can keep total costs proportionate, particularly in moderately complex cases.

For many families, the most lasting benefit is relational. Parents who learn to communicate and compromise during collaborative sessions often find it easier to co-parent effectively long after the legal process has ended.

What are the risks and limits of collaborative law?

Collaborative law is not suitable for every divorce. It relies on trust, openness, and a basic equality of information and safety between both parties.

Some of the key limitations of collaborative law include:

Unsuitability where there is abuse or intimidation: where domestic abuse, coercive control, or a significant power imbalance exists, it may be unsafe or unrealistic to expect the more vulnerable party to negotiate directly in joint meetings, even with solicitors present.
Dependence on honest disclosure: the process assumes each person will provide complete and accurate financial information. If one party conceals assets or refuses to disclose properly, collaborative law is likely to break down, and court proceedings may become necessary.
Disqualification of solicitors if it fails: if the process ends without agreement and contested proceedings begin, both collaborative solicitors must step aside, which means instructing new lawyers and adding to cost and delay.
No automatic court-imposed safeguards: interim orders such as freezing orders, non-molestation orders, or urgent child arrangements orders cannot be made within the collaborative process itself. Emergency applications can still be brought separately, but doing so will usually end the collaboration.

A case that illustrates unsuitability would be one where one spouse controls all the finances, consistently refuses to provide clear information, and has a history of aggressive or threatening behaviour. In those circumstances, a formal court process, supported where needed by protective orders, is likely to be both safer and more effective.

How does collaborative law compare with mediation and traditional negotiation?

Collaborative law sits alongside mediation and solicitor-led negotiation as one of several recognised non-court dispute resolution options for family cases in England and Wales. Each has its place depending on the nature of the dispute and the relationship between the parties.

Mediation involves a neutral, trained mediator helping both of you to talk through options and reach an agreement. The mediator cannot advise either of you. It works well where both parties can speak up for themselves and feel safe enough to negotiate directly, but it offers less protection for someone who feels uncertain or unequal in discussions.

Collaborative law provides stronger legal support during the process itself, because your solicitor is in the room. This makes it better suited to cases where you want legal advice at each step and the reassurance of a structured commitment to stay out of court.

Traditional solicitor-led negotiation, often conducted through letters and separate client meetings, remains valuable where the relationship is poor, trust has broken down entirely, or one person genuinely cannot sit comfortably in joint meetings. It allows the solicitor to act as a buffer, but can sometimes slow progress and increase costs where communication is very difficult.

The Family Procedure Rules now actively encourage non-court dispute resolution, and courts can ask parties to account for the steps they have taken to resolve matters without litigation. Collaborative law falls squarely within these encouraged routes.

When might collaborative law be a good choice?

Collaborative law can assist a wide range of separating couples, provided there is a reasonable level of mutual respect and a genuine willingness to work together.

It tends to be particularly well-suited where:

You both want to avoid the cost, stress, and publicity of court hearings.
You have children and want to preserve a workable co-parenting relationship for years to come.
You feel uncertain about attending mediation without your own solicitor speaking for you.
There are several interlinked issues, such as a family business, pensions, and housing, that would benefit from a team of professionals working together.
Both of you are committed to open disclosure, respectful communication, and genuine compromise.

Consider a couple who run a family business, have teenage children, and both wish to remain involved in the business after separation. Collaborative law allows them, their solicitors, and an independent financial adviser to meet together, share detailed figures, and design a bespoke settlement involving share transfers, spousal maintenance, and a parenting schedule fitted around their working patterns.

That level of bespoke planning is very difficult to achieve in a courtroom.

Final words

Collaborative law offers many separating couples in England and Wales a calmer, more constructive way to resolve financial matters and children's arrangements while keeping proper legal advice at every stage. It is not the right route for every situation, particularly where there is a history of abuse, serious non-disclosure, or a complete absence of trust, but where it fits, it can provide a dignified and workable path through a very difficult time.

For a free consultation regarding your divorce or any other aspect of your separation, please call our understanding and caring family law team on 0208 300 6666.

How Do Financial Disclosure Rules Work in UK Divorce Cases? | KLR Solicitors

Wed, 25 Feb 2026 12:20:23 GMT

Learn how financial disclosure works in UK divorce proceedings, what Form E includes, and the consequences of hiding assets during financial remedy cases. Expert guidance from KLR Solicitors.

Article summary:

‘Full and frank’ financial disclosure is a legal obligation in divorce proceedings in England and Wales, and both parties must comply fully and honestly
The main disclosure document is Form E, which requires full details of assets, income, liabilities, and financial needs
Hiding, undervaluing, or failing to disclose assets can have serious consequences, including the court setting aside a financial order years after it was made
Disclosure is an ongoing duty; if your financial circumstances change significantly during proceedings, you are required to update the information you have provided
Instructing a solicitor early on in your divorce will ensure your disclosure is accurate, complete, and properly presented, which can reduce delays and legal costs

Before a financial remedy proceedings agreement can be reached or any court order made, both parties must provide a full and accurate picture of their financial position following divorce . Without that, the court cannot properly assess what a fair outcome looks like, and any agreement reached without proper disclosure may be open to challenge later. Understanding what the rules actually require, and why they matter, puts you in a much stronger position to manage your case sensibly and avoid costly mistakes.

What is the duty of disclosure?

The legal obligation to disclose finances in divorce financial remedy proceedings arises from both the court’s procedural rules and well-established case law. The Family Procedure Rules 2010 set out the process, and the courts have long held that full and frank disclosure is essential in family financial proceedings.

The leading principle was stated clearly in the case of Livesey v Jenkins [1985] AC 424 , in which the House of Lords confirmed that both parties owe a duty of full and frank disclosure to the court, and that this duty is not owed simply to the other spouse but to the court itself. This means the obligation cannot be ignored by agreement between the parties. Even if your spouse says they are not interested in seeing your financial details, the court still requires both of you to comply.

More recently, the Supreme Court’s decision in Sharland v Sharland [2015] UKSC 60 reinforced the point further. In this case, a financial order was set aside years after it had been made because the husband had fraudulently misrepresented the value of his business. The court held that a material non-disclosure will entitle the other party to have the order set aside, even where considerable time has passed.

What is Form E?

In most cases, financial disclosure is provided through a document known as Form E. This is a detailed, standardised form that each party must complete and exchange simultaneously. It runs to many pages and covers every aspect of a person’s financial life.

Form E requires details of:

All property owned, including any property held jointly or in the name of a company or trust
Bank and savings accounts, including any accounts that have been closed in the past twelve months
Investments, shares, and ISAs
Business interests, including any role as a director, shareholder, or self-employed person
Pensions, including workplace pensions, personal pensions, and the State Pension
Income, including salary, bonuses, dividends, rental income, and any other regular receipts
Liabilities such as mortgages, loans, credit cards, and hire purchase agreements
Financial needs and obligations, including housing costs and any commitments for children

Bank statements, pension valuations, mortgage statements, payslips, tax returns, and business accounts all typically need to be attached. The form must be signed with a statement of truth, which means you are confirming under penalty of perjury that the information is accurate and complete to the best of your knowledge.

What must happen before you apply to the court?

Not every financial disclosure takes place through formal court proceedings. Many couples resolve financial matters through negotiation between solicitors or through mediation, and in those situations, disclosure often takes place on a voluntary basis using Form E or a similar document.

The important point is that whether disclosure happens in court or outside it, the same standard of honesty applies. If you reach a financial agreement through mediation or direct negotiation and that agreement is later submitted to the court as a consent order, the court will still scrutinise whether it is fair. A consent order made on the basis of inaccurate or incomplete disclosure can be set aside, leaving both parties facing further proceedings and additional expense.

What happens if disclosure is inadequate or dishonest?

The consequences of failing to disclose properly are serious. The court has a range of tools available to it when it suspects that a party has been less than candid. Questionnaires and further disclosure requests are the starting point. Once Form E documents are exchanged, each party can raise detailed written questions about the other’s disclosure. These must be answered under the continuing duty of candour.

If the court remains unsatisfied, it may order:

Third-party disclosure, requiring banks, employers, or HMRC to provide financial information directly to the court
A forensic accountant to investigate business interests or complex assets
An adverse inference, meaning the court assumes the undisclosed assets exist and factors them into its award

In the most serious cases, deliberately hiding assets amounts to contempt of court. The court can also make costs orders against the non-disclosing party, meaning they pay a proportion of the other side’s legal costs as a consequence of their conduct. The long-term risk is perhaps the most significant. As the Sharland case demonstrated, there is no ‘safe harbour’ once a final order is made if that order was based on fraudulent or material non-disclosure. The other party can return to court and ask for the order to be set aside and replaced with a fresh one that reflects an accurate picture of the finances.

Disclosure of business assets

Business interests present some of the most complex disclosure issues in divorce cases. The value of a business is not always straightforward. Net book value, earnings-based valuations, and asset-based approaches can produce very different figures, and the choice of methodology can have a significant impact on the outcome. A party with a business interest will typically need to produce at least three years of trading accounts, current management accounts, and a director’s loan account. In contentious cases, the court may appoint a single joint expert, an independent accountant instructed by both parties, to provide a valuation.

In our experience at KLR Solicitors, business owner cases are where disclosure disputes are most likely to arise and where early, comprehensive advice makes the biggest difference. Getting the documentation in order before proceedings begin, and understanding how your business will be valued, allows you to engage with the process from a position of clarity rather than reaction.

Disclosure of pension details

Each party must obtain a Cash Equivalent Transfer Value (CETV) from every pension scheme they hold and include it in their Form E. A CETV is the pension provider’s estimate of the current value of the benefits accrued. It is important to note that CETVs can sometimes understate the true value of a pension, particularly in the case of defined benefit schemes such as final salary pensions. In those cases, a pension actuary may need to be instructed to provide an accurate valuation. Failure to disclose a pension properly, or to understate its value, is treated as seriously as any other non-disclosure and can result in the same consequences.

The ongoing nature of the duty to disclose

It is important to bear in mind that disclosure is not a one-off exercise. The duty to provide full and frank financial information continues throughout proceedings. If your circumstances change significantly after you have filed your Form E, you are required to update your disclosure. This includes changes such as a significant pay rise or bonus, the sale of a property or business, or the receipt of an inheritance. Failing to update disclosure when circumstances change is treated as a breach of the ongoing duty and can have the same adverse consequences as an original failure to disclose.

Practical steps for managing your disclosure

There are a number of practical steps that can help you approach disclosure sensibly and efficiently:

Start gathering documents early - Bank statements, pension valuations, mortgage statements, and business accounts can take time to obtain, and delays in producing them will slow down the proceedings. If you have multiple accounts or a complex financial picture, create a schedule of everything you hold before you start completing Form E. Be thorough rather than selective. The temptation to omit items that seem insignificant or unflattering can be strong, but the consequences of partial disclosure significantly outweigh any short-term advantage. If you are unsure whether something needs to be included, the answer is almost always to include it.
Keep your supporting documents organised - The court and the other party’s solicitor will scrutinise the documents you provide. Gaps in bank statements, unaccounted transactions, or inconsistencies between accounts and the values stated in your form will prompt questions that slow down the process and raise suspicion.
Seek advice on complex assets - Property valuations, business interests, pensions, and trust assets all benefit from specialist input. Understanding how these assets will be assessed before you disclose them helps you present the information accurately and avoid disputes that add cost and delay.

We find that clients who come to us having already gathered their financial documents and given some thought to what they hold almost always find the process more manageable. Taking a structured approach from the outset reduces both anxiety and legal fees.

Final words

Financial disclosure in divorce proceedings should always be handled honestly and completely, even if you are concerned that your ex-partner not follow suit. Remember, if they do not provide a full and frank picture of their financial position, the court will take a very dim view of this and reduce their portion of the marital pot. Specialist legal advice remains the most reliable way to ensure your disclosure is complete, accurate, and properly supported by evidence. If you have questions about your financial disclosure obligations or any aspect of your divorce settlement, our team at KLR Solicitors is here to help.

What Are My Rights as a Stay-at-Home Parent in a UK Divorce?

Thu, 22 Jan 2026 10:12:29 GMT

Understanding Your Financial and Legal Rights as a Stay-at-Home Parent After Separation

Article summary:

Following divorce, the courts in England and Wales treat childcare and homemaking as equal contributions to the marriage, not as a weaker position
You may be entitled to a share of the family home, savings, pensions and other assets regardless of whose name they are in
You may also be entitled to spousal maintenance if you have a reduced earning capacity or ongoing caring responsibilities
A ‘clean break order’ is not always suitable for a stay-at-home parent still relying on their former spouse financially
Advice from a divorce law Solicitor can help you understand your rights and protect your long-term security

As a stay-at-home parent, you have strong legal rights to a fair share of the family’s assets and, in many cases, ongoing financial support from your former spouse. The courts in England and Wales treat childcare and homemaking as equal contributions to the marriage and will not penalise you for having stepped away from paid work to raise your family. In this article, we explain what those rights are and how the law protects your position.

How does the court view stay-at-home parents?

When deciding a financial settlement, the court looks at a range of factors under Section 25 of the Matrimonial Causes Act 1973 . These include the length of the marriage, each party’s income and earning capacity, your ages and any health issues, your housing needs and standard of living, and any children and their needs. Looking after children, supporting your partner’s career and running the home are all recognised as genuine contributions that the court must take into account when deciding a fair settlement.

For a stay-at-home parent, the court will be particularly interested in how long you have been out of paid work, what your realistic earning capacity is, and what childcare responsibilities you will continue to have after separation.

What financial rights do I have as a stay-at-home parent following divorce?

A common misconception is that the person who has paid the mortgage or brought in the salary automatically owns more of the assets. This is not the case. The court can make financial orders over property, savings, pensions and income regardless of whose name they are in.

As a stay-at-home parent, your financial rights may include:

A share of the family home - This could involve remaining in the property with the children for a time, or receiving a larger share of the sale proceeds to meet your housing needs
A share of savings, investments and other assets - Assets built up during the marriage are often treated as matrimonial assets to be divided fairly, even if accounts are in your spouse’s sole name
A share of pensions – The court can make pension sharing orders so that retirement provision is shared fairly, which is particularly important where you have sacrificed your own pension contributions to stay at home

In many longer marriages, equality is the starting point when dividing assets, but the court will depart from a simple 50/50 split if that is needed to meet one party’s or the children’s needs. The important point to remember is that where a stay-at-home parent may struggle to re-enter the workplace or has ongoing caring responsibilities, this may justify a larger share of capital or ongoing financial support.

Should I receive spousal maintenance as a stay-at-home parent following divorce?

In some cases, a stay-at-home parent may be entitled to spousal maintenance. Spousal maintenance refers to payments from a former spouse to help meet the reasonable needs of the other former spouse. This is separate from child maintenance and is based on factors such as the length of the marriage, your earning capacity, and the standard of living you enjoyed during the relationship.

Spousal maintenance may be appropriate where:

You have been out of work for a long time and will need retraining or a period to rebuild your career
You have health issues that affect your ability to work
You have primary care of young children and a limited capacity to increase your hours of employment
A simple division of capital would not provide enough income for you in the short or medium term

The court will consider whether maintenance should be for a fixed period, perhaps to allow you to retrain or until children reach school age, or in some cases on a longer-term basis. Remember, the court’s priority is fairness, not forcing financial independence at all costs. Even if maintenance is limited in time, this gives you a clear pathway to plan for your future.

Are clean break orders suitable for a stay-at-home parent following divorce?

A ‘clean break order’ is a legally binding document that brings financial ties between spouses to an end, so that neither of you can make further claims on each other in the future. It can cover capital, pensions and income, and is often desirable where both parties are or will soon be financially independent.

For a stay-at-home parent, however, a full and immediate clean break is not always appropriate. If you still rely on your spouse’s income to meet your needs, the court may decide to defer a full clean break until a later date, for example, after a period of maintenance, or refuse a complete clean break and instead order ongoing spousal maintenance where justified.

It is important to remember that divorce alone does not end financial claims. Only a court-approved financial order does that. A clean break order also cannot dismiss child maintenance, because both parents remain responsible for supporting their children. Agreeing to a clean break without understanding your rights can seriously affect your long-term security, particularly if you have given up work to raise a family.

How are child arrangements decided?

When children are involved, the court’s first concern is always their welfare, not which parent earns the most. Child arrangements are decided based on what is best for the children in practice. The court will consider factors such as the children’s ages, routines and schooling, their relationship with each parent and any siblings, who has historically provided most of the day-to-day care, and the practicalities of each parent’s home, working hours and distance between households.

Where a stay-at-home parent has been the primary carer, that role is taken seriously and will typically be reflected in any arrangements that are made, whether by agreement or by court order. The law encourages both parents to remain involved in their children’s lives wherever it is safe and appropriate to do so. Child maintenance is usually dealt with separately, either through a private agreement or the Child Maintenance Service , and is calculated mainly on the paying parent’s income and the number of nights the children spend with each parent.

What can I do to ensure my rights as a stay-at-home parent in a UK divorce?

If you are a stay-at-home parent facing divorce, there are several key steps you can take to protect your financial position; these include:

Gathering financial information - Collect details of the family home, mortgage, bank accounts, savings, pensions, debts and regular bills so that your Solicitor has a clear picture of the finances
Never rushing into a divorce financial settlement - Be cautious about moving out of the family home, signing documents or agreeing to ‘walk away’ from assets or maintenance without legal advice first
Thinking about your future income requirements - Consider whether you may be able to return to work, what hours are realistic alongside childcare, and whether you may need spousal maintenance for a period.

Understanding your rights as a stay-at-home parent can make what feels like a daunting situation much more manageable. With the correct legal advice and a clear picture of your options, you can work towards a settlement that protects both you and your children for the future.

Final words

You are not at a disadvantage simply because you chose to stay at home to raise your family. The courts recognise this contribution as equal to financial earnings, and the law provides clear routes to ensure you receive a fair share of the assets and, where appropriate, ongoing financial support. To understand what you may be entitled to and to protect your position from the outset, speak to a divorce law Solicitor who can advise you on your individual circumstances.

FAQs

Will I automatically get the family home if I’ve been the main carer?

Not automatically, but the court will take your role as the primary carer and your housing needs into account. You may be awarded the home, a share of its sale proceeds, or other capital to meet your housing needs.

Can I claim maintenance if my spouse earns significantly more than me?

Yes, spousal maintenance may be awarded where there is a significant disparity in earning capacity and the higher-earning spouse can afford to pay. The court will consider your needs and your realistic ability to become financially independent.

What if I’ve been out of work for many years – can I still retrain?

Yes, and the courts take this into account. Spousal maintenance may be ordered for a fixed period to allow you time to retrain and build your career, or to bridge the gap until your earning capacity improves.

Does a clean break order apply to child maintenance?

No, child maintenance is dealt with separately and cannot be dismissed by a clean break order. Both parents remain responsible for supporting their children regardless of other financial arrangements.

Should I sign a financial agreement quickly to move forward?

No. Take time to seek legal advice before signing anything. Agreements made without proper financial disclosure or legal advice can be challenged later and may leave you in a vulnerable position.

When Can I Apply for a Clean Break Order After Divorce in the UK?

Tue, 16 Dec 2025 14:11:11 GMT

Understanding the timing, legal requirements, and financial protection of clean break orders in UK divorce proceedings

Article summary:

A divorce does not automatically end financial claims between spouses
A clean break order can be applied for before or after the final divorce order
The court will only approve a clean break if it considers it fair
Without a clean break order, financial claims can remain open indefinitely
Legal advice is strongly recommended before applying

A ‘clean break order’ prevents future financial claims between ex-spouses. Understanding when you can apply for one and why timing matters is important in protecting your long-term financial security. In this article, we will explain what is meant by ‘clean break order’, when you can apply for one after divorce, and the key legal considerations to be aware of.

What is a ‘clean break order’?

A clean break order is a type of financial consent order issued by the family court under the Matrimonial Causes Act 1973. Its purpose is to bring financial ties between former spouses to an end. Once approved, neither party can make future financial claims against the other. This includes claims for maintenance, lump sums, property adjustment, pension sharing, future income, bonuses, or inheritances.

Clean break orders are most common where there are no dependent children or where both parties are financially independent. However, they can also be used where child arrangements are in place, provided child maintenance is dealt with separately.

In most cases, a clean break order is arranged after the Conditional Order (formerly decree nisi) has been granted, but before the Final Order. If one party would be left financially vulnerable, the court may refuse a clean break and instead order ongoing maintenance or other financial provision.

Does divorce automatically create a clean break?

Even after a Final Order has been issued (previously known as the decree absolute), former spouses can still bring financial claims against each other unless a clean break order or other financial order has been made. There have been well-publicised cases where ex-spouses have brought claims many years after divorce, including claims against lottery wins, pensions, and business assets acquired long after separation.

A clean break order is the only way to ensure financial claims are permanently dismissed.

Can you get a clean break order if you have children?

A clean break order can deal with financial claims between spouses, but it cannot remove a parent’s obligation to support their children. Child maintenance is usually dealt with separately, either through a private child maintenance agreement or the Child Maintenance Service. The court may still approve a clean break between spouses while allowing child maintenance obligations to continue.

Is a clean break order always appropriate?

A clean break may not be suitable where:

One party has a significantly lower earning capacity
There has been a long marriage with financial dependency
One party has health issues affecting their ability to work
Pension provision would be unfair without sharing

In these situations, ongoing spousal maintenance or deferred financial arrangements may be required. Remember, the court’s priority is fairness, not a clean break at all costs.

If no clean break order is made, your former spouse could claim against future earnings, seek a share of a pension built up after divorce, or make a claim following an inheritance or business success. Even if such a claim is ultimately unsuccessful, defending it can be stressful, expensive, and time-consuming. This is why a clean break order provides certainty.

How do you apply for a clean break order?

You can reach a clean break either between you and your ex-spouse or through the courts. If both parties agree, financial disclosure is exchanged, and a consent order is drafted by a family law Solicitor. The order is submitted to the court with a statement of information. The judge reviews the paperwork and approves or raises queries. No court hearing is usually required.

If there is no agreement, however, it may be necessary to ask the court to decide on your behalf by taking the following steps:

Start divorce proceedings and obtain the conditional order.
Exchange full and frank financial disclosure with your former spouse.
Reach an agreement on finances, or decide whether the application will be contested.
Draft a consent order setting out the clean break terms, or issue a financial remedy application if there is no agreement.
Complete and file the statement of information (Form D81) with the court.
Submit the consent order, D81, and court fee for judicial approval.
Respond to any questions or amendments requested by the judge.
The clean break order is approved and issued by the court.

Final words

Divorce alone does not end financial claims, and without a clean break order, those claims can remain open for years. If financial independence is important to you, a clean break order is not just a formality; it is a key step in securing certainty and protecting your future. To ensure your divorce results in a water-tight, clean break that protects your financial future, speak to a divorce law Solicitor who can handle your case on your behalf.

How Social Media Can Affect Your UK Divorce Case

Thu, 27 Nov 2025 11:53:20 GMT

Photos and messages can be used as evidence in an England and Wales divorce, affecting finances and child arrangements, and how to protect your case.

Article summary:

Social media posts can be used as evidence in UK divorce proceedings where appropriate
Social media activity may affect decisions on finances, conduct, and child arrangements
Posts and messages can contradict formal statements or financial disclosures provided
Careful management of your online presence, especially during the divorce process, can help protect your legal position

Social media posts, photos and messages on social media platforms such as Facebook, TikTok and Instagram can be used as evidence about your finances, behaviour and parenting. This risks inflaming conflict, damaging your credibility, and even breaching court rules. For this reason, the safest approach is to avoid posting about your ex, your children or the case and to assume that anything you share online could end up in front of a judge.

Mismatch between financial disclosure and social media

If your social media shows photos and videos of expensive holidays, luxury spending or side gigs that do not match what you put in your Form E or other financial disclosure, the other party may argue that you are richer than you claim. As a result, they may ask for a greater share of your assets or more spousal maintenance or child support. They might then push for bank statements, business accounts, tax records or historic statements to explain how you funded those trips or purchases, which can delay settlement, increase legal costs and damage your credibility with the court if it looks as though you have been hiding income or assets. In some cases, it may cause the court to question the validity of your disclosure and may even launch an investigation by a forensic accountant into your financial affairs.

What are the implications of social media for divorce and child matters?

Where children are involved in a divorce, the court’s focus is always on their welfare. Social media can become relevant if posts suggest unsafe behaviour, ongoing conflict, involvement in late-night activities that affect parenting routines, or hostility towards the other parent. Messages and photos may also be used to show that a parent was not where they claimed to be or involved a new partner without agreement.

Remember, the courts are not interested in policing social lives, but they will take extremely seriously posts that relate to reliability, stability, or the child’s safety.

How can private messages affect divorce cases?

Messaging apps (e.g. WhatsApp) often contain exchanges that matter in divorce proceedings. These may help show attempts to agree arrangements, breaches of earlier agreements, threats, or controlling behaviour. Even friendly conversations can become relevant if they affect issues such as separation dates or informal financial discussions. Solicitors often review these messages to assess whether they support or undermine your position before deciding whether to disclose them.

Can social media provide evidence of a new relationship?

Evidence on social media that someone is in a new relationship can affect your financial settlement agreement, mainly around ongoing needs and honesty. If posts suggest that a spouse is effectively cohabiting or sharing living costs with a new partner, the other side may argue that their outgoings are lower and that spousal maintenance should be reduced or not paid at all. If the new relationship was not disclosed in Form E or during negotiations, screenshots and posts can be used to challenge their credibility, support an application to vary an existing order, or, in serious cases, even justify asking the court to revisit a settlement on the basis of non‑disclosure.

How should I manage my online presence during my divorce?

Many Solicitors encourage their clients to limit online activity during their divorce proceedings. This may involve avoiding content that could be misunderstood, and being cautious with check-ins, stories, and photos. Family and friends may also need a reminder not to post about you or your children. Taking these steps helps prevent social media from becoming a distraction in your case.

How can social media posts support your divorce case?

Screenshots, messages, and posts provided as evidence must be accurate and presented clearly. Solicitors often check context and ensure the evidence is genuine before using it. It is important to bear in mind that the courts will only consider material that is necessary to understand the issues, but they increasingly accept that digital evidence can play a useful role. Your Solicitor can help decide whether this type of material strengthens or weakens your case.

Final words

Posts, photos, and messages can be interpreted in ways that affect how the court views key issues, including finances and child arrangements. Being cautious online and seeking early advice helps keep your case focused on the facts and reduces the risk of misunderstandings. Careful and measured management of your digital footprint will give you more control during what is often a challenging process.

Why You Shouldn’t Rely on AI for Divorce Advice | Family Law Guidance

Mon, 17 Nov 2025 16:23:10 GMT

AI can’t replace a qualified solicitor. Discover why relying on artificial intelligence for divorce advice can lead to inaccurate guidance, increased conflict, data risks, and poor long-term outcomes. Learn why expert legal support is essential.

Artificial intelligence is becoming a go-to tool for quick answers on almost anything. From drafting emails to explaining legal terms, it’s convenient, fast and always available. But when it comes to something as sensitive and life-changing as divorce, AI should never be your only source of guidance.

Divorce involves emotional complexity, financial consequences, and legal responsibilities that AI simply isn’t equipped to handle. While it can be useful for general information, relying on it for decisions that affect your future can put you at serious risk.

Below are the key reasons why AI falls short — and why speaking to a qualified solicitor is essential.

AI Can Give Inaccurate or Incomplete Legal Guidance

AI is not a solicitor. It doesn’t know the specifics of your situation, it cannot verify facts, and it may misunderstand local laws. Divorce legislation varies between countries — and even between counties — so advice generated by AI may not apply to your case at all.

Depending solely on AI for divorce or wills guidance can therefore lead to mistakes, incorrect assumptions, and decisions that don’t produce the outcomes you expect.

AI Oversimplifies Emotionally Complex Issues

Divorce isn’t just a legal process — it’s an emotional one.
AI cannot truly understand:

relationship dynamics
trauma or abuse
manipulation or coercive control
high-conflict situations

Because it lacks empathy and context, its suggestions may feel cold, inappropriate, or even harmful in emotionally charged scenarios.

A solicitor, on the other hand, can listen, ask questions, and respond with understanding.

It’s Not Safe for Confidential or Sensitive Information

Divorce often involves extremely personal details, including:

finances
children
mental health
allegations or evidence

Sharing this level of information with an AI system means putting private data into a platform you do not fully control. And as the saying goes, “Once you put it on the internet, it never really comes back.”

While AI technology has many benefits, data-mining and misuse remain valid concerns — especially when dealing with highly sensitive family matters.

AI Cannot Replace Strategic Legal Thinking

Divorce requires strategic judgement. AI cannot:

assess credibility
read courtroom dynamics
anticipate your ex-partner’s behaviour
negotiate or apply leverage
build a personalised legal strategy

A solicitor can evaluate risks, negotiate effectively, and plan for long-term outcomes in a way no AI system can.

AI May Increase Conflict Without Meaning To

Messages drafted by AI often sound:

overly formal
confrontational
robotic
emotionally flat
out of tune with your actual tone

Sending an AI-generated message to your spouse or their solicitor may accidentally escalate tensions. In divorce — where emotions are already heightened — tone matters. AI cannot “read the room”, but a solicitor can help you communicate calmly and constructively.

AI Encourages ‘DIY Divorce’ Before You Understand the Risks

Because AI can draft documents and explain legal jargon, people may assume they can manage a divorce without professional help. But this often leads to:

unfair settlements
missed assets
poor child arrangements
long-term financial harm

A good solicitor listens with empathy, understands your history, and guides you towards the best path for your circumstances — whether that’s reconciliation, mediation, or a carefully managed divorce.

AI Cannot Consider Children’s Emotional Needs

AI can discuss co-parenting in general terms, but it cannot:

understand your child’s personality
assess safety concerns
evaluate emotional wellbeing
consider the atmosphere in your home

Children’s needs are unique, nuanced, and often change over time. Only a human professional can give advice that reflects real-life dynamics and safeguarding responsibilities.

AI is a powerful tool — but not for navigating divorce. It can be helpful for general explanations or researching definitions, but it cannot replace the skill, empathy, confidentiality, and strategic thinking of a qualified solicitor.

Your financial future, your emotional wellbeing, and your children’s needs are far too important to leave to algorithms.

If you’re considering divorce, get proper legal advice from a trusted family law professional. AI may be fast, but your future deserves expertise, accuracy and human understanding.

For a free consultation regarding your divorce in the UK, please call us on 0208 300 6666 .

What to Do If Your Partner Won’t Agree to a Divorce in the UK | No-Fault Divorce Explained

Mon, 03 Nov 2025 07:39:12 GMT

Article summary:

Your spouse cannot stop you from getting a divorce under the UK’s no-fault divorce law
A lack of response may delay the process, but will not prevent it from being finalised
The court can proceed using deemed service or by dispensing with service
It is no longer possible to dispute a divorce except in exceptional circumstances
Legal advice from a divorce law Solicitor will ensure your application proceeds smoothly and without unnecessary delay

If one partner refuses to engage, respond, or agree to the divorce, the process can become frustrating; however, they cannot unreasonably stop it. The reality is that while an uncooperative partner may slow matters down, the law provides several routes to ensure the application proceeds. In this article, we explain all you need to know if your partner will not agree to a divorce in the UK.

Can my spouse refuse the divorce?

Under current law, your spouse cannot block or refuse a divorce simply because they don’t want to get divorced; there have to be exceptional circumstances. Such extraordinary circumstances: the fact that you were never married, that your marriage was not valid, or that it is not recognised in the UK.

Under the UK no-fault divorce process, which came into force in April 2022, the only ground for divorce is that the marriage or civil partnership has broken down irretrievably. This change means that couples can now divorce without needing to prove fault, such as adultery or unreasonable behaviour.

What happens if my spouse ignores the divorce application?

When one person applies for a divorce (i.e. a sole application is made), the other party becomes known as the respondent . The respondent must be served with divorce papers and given 14 days to reply by completing an Acknowledgement of Service form.

If your spouse ignores the divorce papers, the court expects you to show that you have made every reasonable effort to serve them. There are several methods available to ensure the process moves forward:

Standard service - In most cases, the divorce application is served by email or post. The court will send confirmation once this has been done.
Deemed service - If you can show that your spouse received the papers but has chosen not to respond, you can apply for deemed service . This allows the court to move ahead on the basis that your partner is aware of the proceedings.
Alternative service - If your spouse is deliberately avoiding service, you may ask the court for permission to send the papers to an alternative address or person, such as a friend, relative, or workplace.
Dispensing with service - Where your spouse cannot be located despite reasonable efforts (including tracing enquiries), you may apply to dispense with service. If granted by the court, this means the divorce can proceed without proof of service on the respondent.

Always remember, the court’s priority is to ensure fairness and notice, but it will not allow deliberate obstruction to halt the process indefinitely.

What if my spouse defends the divorce?

If your spouse files a defence, the case may be listed for a Family Court hearing. Both parties will have the opportunity to present their arguments. The court will ultimately decide whether the marriage has irretrievably broken down. In almost every case, the court finds in favour of the applicant and allows the divorce to proceed. Genuine defences typically arise only where the court lacks jurisdiction or there is evidence that the marriage was never legally valid.

Non-Court Dispute Resolution (NCDR)

Even if your spouse continues to block your divorce, discussing the practical implications through a neutral mediator may make the process smoother and less stressful. While your partner cannot stop the divorce itself in most situations, disputes may arise about financial arrangements, child contact, or property. In these situations, mediation or family arbitration can be highly effective in bringing about a resolution. The court expects couples to consider mediation before bringing an application about finances or children, unless there are exceptional circumstances such as domestic abuse. Mediation can help both parties reach an agreement without escalating matters to court.

Final words

We hope that this article gives you some reassurance that your spouse cannot simply block your divorce because they don’t want to proceed. If you believe that your marriage or civil partnership has broken down irretrievably, you can make a sole application and use methods such as dispensing with service to ensure the process continues even if your spouse refuses to engage.

FAQs

Can I apply for a divorce if I don’t know my partner’s address?

Yes, if you have made reasonable attempts to trace your spouse, such as contacting relatives, friends, or employers, you can ask the court to dispense with service. This allows the divorce to proceed even if your partner cannot be found.

How long does a divorce take if my partner won’t engage?

A typical no-fault divorce takes around 6–8 months. However, if your spouse ignores correspondence or avoids service, it may take longer while alternative service methods are arranged. The process cannot be stopped, however.

Can my partner stop me from getting a divorce?

No, under the current law, your spouse cannot stop the divorce from being granted. They can only raise limited objections about jurisdiction or the validity of the marriage.

What happens if my partner defends the divorce?

The case will go to a Family Court hearing, where a judge decides if the marriage has irretrievably broken down. Defended divorces rarely succeed.

Do I need a solicitor if my partner won’t agree to the divorce?

It is strongly recommended. A solicitor can prepare the necessary court applications for deemed or substituted service and ensure all procedural steps are followed correctly.

Inheritance and Divorce Settlements in the UK | Can My Ex Claim It?

Tue, 23 Sep 2025 10:38:05 GMT

Inheritance and Divorce Settlements in the UK | Can My Ex Claim It?

If you are currently going through the process of divorce in the UK, you may be worried about whether your inheritance (e.g. received from a family member) will be included in your divorce settlement. Many people assume that inherited wealth automatically stays outside of divorce proceedings; however, this is not always the case. In reality, the courts of England and Wales have wide discretion in such cases, and inheritance can sometimes form part of the financial settlement depending on the resources and needs of the parties involved. In this article, we will look at how inheritance is dealt with in divorce, including whether your spouse can claim your inherited assets in divorce.

Can my ex-spouse claim part of my inheritance?

Yes, in some cases, the family courts may include assets from an inheritance within a divorce financial settlement. It should not be automatically assumed that pre-marital assets, inheritances, assets in trust, or assets included in a prenup/postnup cannot be included in a divorce financial settlement. This is not the case. Judges in such cases consider a range of factors when determining how to divide assets in the interests of fairness to both parties.

What do the courts consider when deciding on a divorce settlement?

If you and your ex-partner cannot reach an agreement on how to divide your assets following divorce, you may need to ask the courts to intervene and make a decision on your behalf. If your divorce financial proceedings are heard by a judge in a family court, their starting point will be the Matrimonial Causes Act 1973 (MCA 1973). Under section 25 of the MCA 1973, courts must consider all the circumstances of the case, with the first priority being the welfare of any children. The judge will then consider a range of factors, including:

Factors the court considers for the parties (spouses):

Each party’s income, earning capacity (including potential to increase it), property, and other financial resources
Financial needs, obligations, and responsibilities
Standard of living before the marriage breakdown
Age of each party and length of the marriage
Any physical or mental disability
Contributions to the welfare of the family, including caring for the home or children
Conduct, if it would be unfair for the court to ignore it, and
Loss of pension or other benefits due to the marriage ending.

Factors the court considers for a child of the family:

The child’s financial needs
The child’s income, earning capacity (if any), property, and other financial resources
Any physical or mental disability of the child
How the child was being, and was expected to be, educated or trained, and
Relevant considerations for the parties (income/resources, financial needs, standard of living, disability)

The courts’ aim is always to balance fairness with financial need. In the landmark case of White v White, the House of Lords confirmed that there should be no discrimination between the breadwinner and homemaker, establishing the principle of fairness. More recently, the Supreme Court in Standish v Standish clarified that non-matrimonial assets are not normally divided equally, unless the court considers it necessary to use them to meet needs or provide compensation.

When is inheritance included in a divorce financial settlement?

Inheritance may form part of the marital pot in several situations:

If one spouse’s needs, or those of dependent children, cannot be met without drawing on inherited wealth
If inherited money has been used to purchase the family home or cover joint expenses
In long marriages, especially where both parties have relied on inherited funds

Inheritance received after separation is less likely to be shared, although it may still be considered if financial needs cannot otherwise be met.

So the bottom line is, if the needs of either party or the children from the marriage cannot be met by the marital assets, the judge will consider using non-marital assets such as inheritances.

How can inheritance be protected in the event of divorce?

The courts retain discretion regarding whether inherited assets will be divided between divorcing couples, but there are steps you can take to protect your inherited wealth:

Keep it separate – if you intend to keep your inheritance separate, avoid mixing it with joint accounts or using it for the family home
Prenuptial and postnuptial agreements – nuptial agreements are not legally automatically binding, but they can carry significant weight since, in divorce, financial settlements
Trusts - placing inheritance into a discretionary trust can create a degree of protection, though transparency is key.
Evidence of intent - keeping records that inheritance was meant for one party only helps establish its non-matrimonial nature.

Alternative dispute resolution methods such as mediation or arbitration are increasingly used to resolve inheritance disputes without court intervention. Once a financial settlement is agreed, it should be formalised through a consent order or clean break order to ensure finality and prevent future claims.

Final words

The courts in England and Wales have wide discretion when it comes to how divorce financial settlements are reached and how assets are divided. If you are concerned about protecting or claiming inheritance in a divorce, the most important step is to seek specialist legal advice from a family law Solicitor.

For a free consultation regarding your divorce in the UK, please call us on 0208 300 6666.

Top 5 Mistakes to Avoid During a Divorce in the UK | Expert Legal Advice

Tue, 26 Aug 2025 08:16:09 GMT

Learn the most common pitfalls separating couples face and how to protect your rights, finances, and children during divorce in England and Wales.

Separating couples often underestimate how complex a divorce can be. While the process of applying for a divorce is relatively straightforward, it is the other aspects of legal separation that can lead to increased costs, long-term financial risks, and stress. Thankfully, many of these mistakes are easily avoided by understanding the broader process of divorce and seeking advice early on to ensure you are on the right path. Based on our experience of helping hundreds of individuals and couples in England and Wales through divorce and dissolution, here are the top five divorce mistakes to avoid.

Mistake 1 - Delaying or avoiding seeking legal expertise

Many couples believe they can manage the divorce on their own or rely solely on advice from friends, family, or online advice. While it is possible to start a divorce without a Solicitor, it is important to understand the risks of handling the whole process on your own.

One of the main risks is that so many couples simply do not understand their legal rights and position both during the divorce process and afterwards. Many are not aware of their home rights during this time and their entitlement when it comes to the division of marital assets. Making incorrect assumptions about the law around divorce can cost you. For example, did you know that you may be entitled to non-marital assets if the assets from the marriage are not enough to meet your joint needs? This means you can claim part of your husband or wife’s inheritance and pre-marital property in some circumstances.

DIY divorce problems in the UK often arise from incomplete forms, missed deadlines, or misunderstanding court requirements. Furthermore, parents who do not get specialist advice may struggle to reach agreements on where children live or how time is divided.

Solicitors can provide clarity on your rights, explain the impact of decisions, and ensure that any settlements you reach are legally binding. Seeking professional advice from a divorce law Solicitor is even more important if your ex-partner is not being co-operative, is hiding assets, is being controlling or coercive, or is in any way unwilling to work with you through the process. Your Solicitor will guide and support you through the process at each step, ensuring that your rights and needs and those of your children, are fully protected.

Mistake 2 – Allowing emotions to guide important decisions

Allowing anger, guilt, or resentment to affect how you handle your approach to your divorce can lead to poor outcomes. For example, it is common to see reasonable offers being refused out of spite and children being used as bargaining tools, both of which can negatively affect the outcome of the divorce. Not only can such behaviours drag out proceedings, they increase legal costs, damage relationships with children, and lead to a lack of cooperation in the future.

Courts in England and Wales always focus on the best interests of the child when considering disputes. Parents who co-operate and focus on stability are much more likely to achieve better outcomes for all concerned.

Mistake 3 - Failing to provide full and frank financial disclosure

One of the most serious divorce mistakes to avoid in the UK is providing incomplete or dishonest financial disclosure. It is important to remember that each party is legally required to provide full and frank disclosure of their income, assets, debts, and pensions. Hiding any information, even unintentionally, can have damaging consequences. If hidden assets are discovered later, the court can reopen financial arrangements and often change the settlement in favour of the party who provided full financial disclosure.

Couples handling divorce between themselves often neglect to include aspects of their finances, such as pensions. Indeed, pensions are often a couple’s largest asset after the family home, and should be included in negotiations. Property,

Mistake 4 - Poor communication and use of social media

Some couples avoid direct communication altogether, relying solely on solicitors or family members. While professional representation is crucial, refusing to communicate at all can slow progress and drive up costs.

Equally, misusing social media during a divorce can be highly damaging. Posts criticising an ex-partner, showing luxury purchases, or disclosing sensitive information can all be used as evidence in court. The key point to remember is that such behaviour can influence child arrangement disputes or financial negotiations following divorce.

We recommend:

Keeping conversations respectful, non-accusatory and focused on the matters at hand
Avoiding emotional posts on social media
Not sharing financial or personal details on public platforms
Communicating with your ex-partner in a respectful and co-operative manner at all times, even if they do not reciprocate

We have seen at first hand how the effects of social media in divorce cases in the UK are increasingly significant; make no mistake, a careless post can undermine an otherwise strong legal position.

Mistake 5 - Not getting a legally binding financial order

Once a financial divorce settlement has been reached, it is then important to get the agreement made legally binding by asking the courts to issue a Consent Order. Without a proper financial consent order:

An ex-spouse could claim against your income, property, or inheritance years later
You may face difficulties getting remarried
Assets such as pensions or investments may remain vulnerable.

The BBC recently highlighted cases where people were taken by surprise by financial claims long after their divorce was complete. Getting a financial consent order after divorce in the UK ensures certainty and closure. It is the only way to guarantee that neither party can return to court for more money in the future.

Final words

Divorce in England and Wales is easier under the no-fault rules introduced in April 2022, but the process still requires care. By taking early advice, focusing on practical outcomes, and ensuring all finances are properly dealt with, separating couples can avoid unnecessary disputes and costs. By taking the steps outlined in this article, you can protect your children and move forward with your life in the knowledge that your future rights and needs have been considered and protected.

For a free consultation regarding your divorce in the UK, please call us on 0208 300 6666.

Divorcing Over 50 in the UK – Legal & Financial Advice for Later-Life Splits

Mon, 28 Jul 2025 05:54:25 GMT

Divorcing over 50 in the UK brings with it some unique challenges that younger couples tend not to face. Challenges of over-50 divorce include approaching retirement and pensions, income uncertainty due to decades out of the workforce, and potentially ill health.

While the children may now have grown up, they may still be affected by divorce. In this article, we will explain some of the challenges of divorcing later in life, including pension sharing and property rights, spousal maintenance and estate planning.

Why does divorcing later in life pose unique challenges?

Divorcing after the age of 50 can be enormously stressful and disruptive, physically, emotionally, legally and financially, especially after a long marriage. Indeed, having to separate your identity, lifestyle, and social circle can feel like an insurmountable task.

From a financial standpoint, even though retirement may be years away for someone in their 50s, many divorces at this time face the reality that their remaining earning potential may now be limited. This is less of an issue for someone with a large salary and pension, but for a partner who has dedicated their life to looking after the home and children, the possibility of re-entering the workplace and earning a decent salary is reduced. This makes securing a fair divorce financial settlement absolutely essential for such individuals.

When it comes to children, unlike divorces in our 30s and 40s, divorce often does not require child arrangements. However, splits at this stage of life can cause significant emotional or financial tension within the family.

What are the key legal & financial considerations of divorce over 50?

Pension sharing divorce UK over 50

For many over-50s, the pension is the most valuable marital asset , sometimes even more than the family home. Why? Because we all need a form of income once we retire, and we may not have many remaining working years to amass a pension of our own. For this reason, a fair pension sharing order that takes into account the wider context of both individuals must be agreed to avoid long-term financial hardship, especially for the financially dependent spouse. Unfortunately, mistakes are quite common when it comes to pension splitting arrangements, for example, relying on a pension statement rather than properly valuing defined benefit schemes, which can lead to a real financial imbalance in retirement. Another key consideration in this area is that one party may need access to a pension fund much earlier than one who can continue to work for many more years. Careful calculations must be carried out to ensure that a pension split is fair, not just equal.

Property division UK over 50 divorce

After a long marriage, it is much more likely that both parties will have an equal interest in the marital home. But what if everything is tied up in the family home and there is not enough equity to allow both parties to move on and buy their own homes? Some couples agree to sell and downsize; others may transfer the home to one party, with the other receiving a larger share of pension or savings. Take the time to understand your property rights after a long marriage divorce in the UK before reaching a decision on this matter.

Spousal maintenance after divorce over 50

Spousal maintenance is more likely in later-life divorces, particularly if one party gave up work to support the household. We know from experience that longer marriages often lead to more generous or longer-lasting maintenance orders. This can provide essential income for a spouse who may have limited earning prospects.

Estate planning

An often overlooked consideration of divorce over 50 is Wills and inheritance. While you will no longer benefit from the Will of your ex-spouse, it is still important to update your will, pension nominations, and life insurance after divorce. Consider how the adult children will benefit from your inheritance, something that can be more complex for those who enter into a new relationship or marriage and have children, or they have children from previous relationships.

How to prepare for divorce after 50 in the UK

If you are divorcing over 50 in the UK, it is all the more important to seek expert advice from an estate planning and family law specialist, in addition to a financial expert. The advice of those with an understanding of pensions, investments, tax and legacy concerns based on your unique circumstances will prove invaluable. We recommend getting a complete picture of your finances by gathering statements for pensions, property, debts, savings, and jointly owned assets. This will ensure that you have the facts to hand as you go through the process of splitting your legal and financial interests.

Where possible, always try to reach an agreement outside of the courts, but with the help of experts who can help you understand your legal rights, financial position and needs. Mediation and collaborative law reduce conflict, preserve family relationships (not least for the good of any children from the marriage) and tend to lead to an outcome that is much more likely to be respected by both parties.

Final words

Having worked with many divorcing couples in their 50s, we know just how much the process can lead to considerable uncertainty, even if the children have now grown up. It is more important than ever to think long-term and focus on your future security and retirement stability over short-term settlements. To this end, make sure you have legal, financial and emotional guidance from people you trust and ask questions. After all, we are here to help you.

For a free consultation regarding your divorce in the UK, please call us on 0208 300 6666.

Pet Custody in a UK Divorce – Who Keeps the Dog?

Wed, 25 Jun 2025 08:18:08 GMT

Discover how pet custody is handled in UK divorce law, what a pet-nup is, and how to resolve disputes over your beloved animals post-separation.

You may be surprised to know that as far as divorce law is concerned in England and Wales, your pets are treated as a ‘chattel’; an item of movable property such as an item of furniture, a car, or jewellery. When deciding who gets custody of a pet in the event of a divorce, the law handles such decisions in the same way it would for a piano, BMW, or a diamond ring. While we tend to view our pets as much-loved members of the family, the law does not handle decisions regarding dogs and cats in the same way as it does people. In this article, we will explain how to handle pet custody if you are getting divorced in the UK.

Can I keep custody of my pet following divorce?

Yes, you can keep custody of your pet following divorce. As with any other chattel, the first step is to try to negotiate with your ex-spouse regarding the custody of your pet. If you can agree, it is advisable to have this drawn up as part of your divorce settlement agreement. Once approved by the court in the form of a consent order, you can relax in the knowledge that the agreement is legally enforceable and cannot be simply ignored by the other party without serious legal implications.

What is a ‘pet-nup’?

Some couples enter into a pet-nup before or after marriage to make it clear who will get the pet should they separate. While nuptial agreements are not legally binding, they do remove the potential for disputes and will be taken into account by the family courts in England and Wales. A pet-nup set out a number of areas of agreement, including who will keep the pet, who will pay for any vet bills and other expenses, and who is responsible for caring for the pet.

What if we cannot agree on pet custody following divorce?

If your partner wishes to keep the pet in question, then it may be necessary to consider mediation or another form of non-court dispute resolution (NCDR). NCDR is extremely effective in resolving even the most emotionally charged disputes, which is often the case with pet disputes. This approach may work if you and your ex-partner are willing to work through the disagreement and make the best decision in the best interests of your child.

If there are other areas of disagreement regarding your divorce financial settlement (i.e. how to split the marital pot), you could discuss pet custody at the same time through mediation.

If mediation is not suitable or effective, it may be necessary to ask the court to decide as part of a wider divorce financial settlement. It would not normally be appropriate or cost-effective to ask the court to decide solely on the custody of a pet following divorce.

What will the court consider when deciding on pet custody?

The primary question that the court will ask is, ‘who has ownership of the pet’? Unfortunately, there is no way single way to definitively define who owns a pet. If you are the registered owner, you will be more likely to receive custody of the pet. This may be the case if you are named as the registered keeper of the pet according to their identification microchip or if you are registered with an official organisation such as the Kennel Club. You may also be seen to be the owner of the pet if:

You acquired the pet
You have been the main carer for the pet
You took out pet insurance
You cover the day-to-day costs and any vet bills
You were given the pet as a gift
You have looked after the pet following the divorce.

In addition to ownership, the court will also take into account if there is a pet-nup. Again, while not legally binding, this can be extremely helpful for the courts when making decisions regarding pets.

The final element is the welfare of the pet. The court is much more likely to ‘award custody’ of a pet to a person who has the time and resources to care for them. They may also prefer to give custody to the party with whom the children from the marriage will be living for the benefit of the overall well-being of the family.

Final words

We always recommend that, where possible, couples going through divorce try to resolve any disputes regarding pet divorce between themselves. Mediation is the next option if the matter cannot be resolved. It could be argued that asking a judge to make such a decision is not the best use of the court’s time. However, this may be appropriate if it is one of several other disagreements when reaching a divorce financial settlement. If you are unsure of the best approach, please chat to a member of our understanding specialist divorce law team, who will be pleased to provide some initial advice regarding your pet custody dispute.

For a free consultation regarding your divorce in the UK, please call us on 0208 300 6666.

Navigating International Divorce in the UK | Key Legal Considerations

Mon, 26 May 2025 18:05:17 GMT

Discover key legal considerations when dealing with an international divorce in the UK. Learn about jurisdiction, overseas assets, and how UK law treats cross-border divorce settlements.

Navigating International Divorce in the UK: Key Considerations

Divorces in the UK involving couples with international ties require careful legal consideration to ensure a fair outcome for both parties. For any divorce with an international element, your divorce Solicitor should take into account a range of factors, including whether your marriage is recognised in the UK, the location of important assets, and whether divorce proceedings have already commenced in another country. In this article, we will consider the key considerations for international divorces in the UK.

Can I divorce in the UK?

One of the key questions frequently asked by separating couples with international interests is where to divorce. An international divorce may be one where the couple live in another country and/or they have assets such as property and businesses in other legal jurisdictions. To get divorced in England or Wales, the following must all be true:
• You must have been married for over a year
• Your relationship must have permanently broken down, and
• Your marriage must be legally recognised in the UK

Remember, the question of where a couple initiates divorce proceedings is different from that of where to reach a divorce financial settlement. Under Part III of the Matrimonial and Family Proceedings Act 1984 (MFPA 1984), a couple who have divorced in another country can still seek a divorce financial settlement through the courts in England and Wales as long as their divorce is recognised here and they have not remarried. In addition, they will require permission from the court before applying.

Can I get divorced in England or Wales if I live abroad?
You can get divorced here, but whether the courts agree to consider your application will depend on your connections to England or Wales. You may be able to demonstrate your connection to England or Wales if one of the following is true:

• You are both considered domiciled in England and Wales.
• The Respondent has their main home and place of settled residence in England or Wales.
• The Applicant usually lives in England or Wales and has done so for at least one year immediately before applying for the divorce.
• The Applicant is domiciled in England or Wales and has lived here for at least six months immediately before applying for the divorce, or
• You and your spouse last lived together in England or Wales, and at least one of you still lives here.

If you are unsure whether you can divorce in England or Wales, or whether you should consider applying for a divorce in another country, we recommend speaking to a divorce lawyer who can advise you based on your individual circumstances.

How are international assets handled in divorce financial proceedings?

If you choose to have your divorce financial settlement decided in England or Wales, the courts will consider your international assets to be part of the same matrimonial ‘pot’ as all of your domestic assets. Just because property is located in another country does not mean it can be excluded. International assets may include:
• Second homes
• Investments
• Trusts
• Businesses
• Expensive assets such as boats, luxury vehicles, jewellery etc.

A key issue that arises when it comes to property (e.g. businesses, houses, cars etc) in other countries is that it may take longer to secure an accurate valuation and collate the necessary paperwork (e.g. it may be necessary to arrange a translation of ownership documents). Your divorce law Solicitor can arrange for a valuation of any overseas assets by instructing an independent valuer in that jurisdiction.

What if my partner is trying to hide some of our overseas marital assets?

One concern that often arises when it comes to divorce settlements in the UK involving internationally located assets is the potential for those assets to be ‘hidden’ by one of the divorcing parties. It is important to remember that under the law in the UK, parties going through divorce financial settlement proceedings must provide full disclosure of their financial assets no matter where they are located. Failure to do so is considered contempt of court and can lead to serious consequences and a less favourable outcome for the party attempting to deceive the other. If you are concerned that your former partner is hiding overseas assets to deliberately deny you a fair financial settlement, inform your UK divorce lawyer immediately.

They can instruct a forensic accountant to gather the necessary evidence and request that the assets in question be frozen to prevent them from being disposed of. It is possible to freeze assets even if they are located in another country.

Final words
Divorces involving marital assets located in another country can be more complex, especially if it is necessary to enforce a divorce financial settlement order issued in England or Wales. If you have international marital assets and you choose to finalise your divorce settlement in the UK, it is important to instruct a Solicitor with experience in international divorces who can ensure that your court order is enforceable overseas.

This may include instructing legal representation in that country to put in place any necessary measures to ensure your interests are protected.

For a free consultation regarding your international divorce in the UK, please call us on 0208 300 6666.

What Happens to Debts During a Divorce in the UK?

Thu, 24 Apr 2025 11:01:50 GMT

Following divorce in the UK, any outstanding debts will continue to be owed by the individuals or individuals who accumulated that debt. This may include mortgage, credit card, bank loans or any other forms of financial liability. According to the Money Charity , the average amount of debt held by households in the UK is around £66,277, including £58,005 of secured (mortgage debt). It is generally recommended that divorcing couples come to an agreement between themselves on how any debts owing should be handled as part of their divorce financial settlement. In this article, we will take a closer look at what happens to debts during a divorce in the UK.

What happens to debts during a divorce in the UK?

The legal process of divorce does not, in itself, change the fact that any debts incurred by separating parties must still be repaid by the debtor to the creditor. Creditors such as banks, building societies, car finance institutions, and other financial institutions will still want any debts repaid by those who borrowed the money in the first place. If the debt was incurred jointly by both divorcing parties, then it is still the joint responsibility of those individuals to repay that debt, regardless of whether they are divorced or not. If debt is in the name of just one person, it remains the responsibility of that person to repay the debt following divorce, not the other party.

If you are unsure who is responsible for the repayment of debt owed after your divorce, it is advisable to check the original credit/loan agreement.

Failing to repay any debts in accordance with the agreement entered into may result in legal action (e.g. a county court judgment) and damage to your credit rating. The lower your credit rating, the harder it will be for you to find it to borrow money in the UK after your divorce.

What happens if one party does not or cannot repay their debts after divorce?

Joint loans and mortgages in the UK are typically owed ‘jointly and severally’. If a married couple promises jointly and severally to repay a debt to a creditor, then they are both under a legal obligation to do so. They are also individually under an obligation to repay the money owed to the creditor. This means that if one person repays the amount in full, the debt obligation is discharged (i.e. the other person owes nothing, and the debt arrangement comes to an end). It also means that the creditor is entitled to enforce the debt obligation in full against one party or the other, or both.

How should divorce be divided in the event of divorce?

In the first instance, try to come to a fair and amicable agreement between yourselves regarding any debt you owe. Start by declaring all of your joint and individual debts (including those that you or your ex-partner may not even be aware of) and marital assets. Depending on your joint and individual financial positions, including income potential, you may agree to continue to be separately responsible for the repayment of any individual debts owing. Alternatively, some assets may be sold to repay debts owing. Or it may be that one party agrees to repay the debt of the other party because they are in a stronger financial position. Whatever the agreement you reach regarding your debts as part of your divorce settlement, it is important to have it drawn up in the form of a legally binding document that is approved by the courts. This will then ensure that it is enforceable in the future.

How do the courts divide debts in the event of divorce?

If you have asked the courts to decide on the terms of your divorce financial settlement, they will typically adhere to the following principles:

They will endeavour to come to an arrangement for your debts that is fair to all parties concerned, including your children.
Debts incurred for the joint benefit of the family (e.g. home improvements or family holidays) are more likely to be included in a divorce financial settlement. This is the case regardless of whether it is sole or joint name.
Where debt is in the name of one person but should be treated as joint debt because the money was used for the benefit of the family, the judge may award a larger share of the divorce settlement to account for this, and
If the debt was incurred by one party solely for their own benefit, it is less likely to be included in the settlement and will remain the responsibility of that person after the divorce.

Final words

Divorce does not cancel sole or joint debts. You must continue to repay any debts you owe following your divorce. Matters can become complicated when one party is not aware of debts accrued by the other party for the benefit of the family. If you are unsure how to divide your debts during the process of divorce, speak to a trusted family law Solicitor who can explain your options and help you reach an agreement with your ex-partner that is in your best interests.

For a free consultation regarding how best to handle debts in the event of divorce or dissolution in the UK, please call us on 0208 300 6666.

How to Protect Your Business Assets During a UK Divorce

Tue, 25 Mar 2025 12:00:11 GMT

Having spent years or even decades building up a successful business, you may be worried about what might happen to your enterprise in the event of divorce.

Protecting your business interests and assets during a divorce in the UK may be possible, but it requires careful planning and consideration and an understanding of how the courts make decisions in such situations. In one landmark case concluded in 2024, HO v TL [2023] EWFC 215 , a wife was awarded £7.7m in a divorce settlement involving a large family business (a hotel chain). In this case, the marital assets of the couple were insufficient to meet the needs of the wife, resulting in a claim in the High Court for a larger share. The judge reached this decision based on the long duration of the marriage, the contributions of both parties during the marriage, and the fact that the wife used much of her pre-marital wealth towards the family finances. In this article, we will look at the practical measures you can use to protect your business assets in the event of divorce.

How can I protect my business assets from divorce proceedings?

There are various legal tools that you can use to protect your business in the event of divorce proceedings. It is important to consider that the courts have ultimate discretion when awarding a financial divorce settlement. As such, any measures that you employ cannot be guaranteed to protect your pre-marital or marital business interests. Some of the ways that you can protect our business assets during a UK divorce include:

Nuptial agreements
Shareholder agreements
Family trusts, and
Separating business from personal finances

Nuptial agreement

If you wish to protect your pre-marital business interests, it is important to consider entering into a pre or post-nuptial agreement with your new husband or wife. While nuptial agreements are not legally binding, they will be taken into consideration by the courts during divorce financial settlement proceedings. Their contents will help the judge overseeing the matter understand the mutual understanding and motivations of both parties regarding what would happen to any pre-marital assets in the event of separation, including a business (or businesses). For example, you may wish to include a clause stating that you wish some or all of your business assets to be protected for any children from your previous marriage.

Shareholder agreement

A shareholder agreement is a legal agreement between company shareholders setting out their relationship and how shares are owned and protected. A clause can be added to the agreement stipulating that the transfer of shares to the other party upon divorce should be restricted. As a result, this prevents the business or a share in the business from being transferred to the other party without the agreement of the shareholders.

Family trust

By placing your business assets into trust, you are, in the eyes of the law, no longer the legal owner. This is because a trust is a separate legal entity. The trust is then legally owned and managed by a trustee on your behalf as beneficiary. There are various types of trust, each with its own purposes and benefits, including nuptial trusts, intergenerational trusts, and offshore trusts. Again, it is important to bear in mind that trusts don’t make your business assets invisible. The courts have a wide discretion to include the trusts within in marital finance settlements based on the intention of setting up the trust if the assets of the trust have been used to maintain the lifestyle of the family, the length of the marriage, and the financial needs of both parties.

Separate business from personal finances

If it is clear to a judge that your business has been used for the personal use of the family, it is more likely to be included in a divorce financial settlement. For this reason, it is important to keep your business completely separate from your new family and its finances. By keeping a clear boundary between the two, there is less chance that business assets will be viewed as marital property. It is advisable to speak to your accountant about how you can separate your business and personal finances as a means of protecting your business interests in the event of divorce.

Final words

As we have emphasised throughout this article, none of these measures provide a ‘cast iron’ guarantee that your business assets will be protected following divorce or dissolution. The courts will always have the ultimate choice when deciding on a financial award following separation. By working with an experienced family law Solicitor, you can better understand the options for protecting your business and how these can be implemented in a manner that increases the chances of them being valid and effective.

For a free consultation regarding protecting your business assets in the event of divorce or dissolution in the UK, please call us on 0208 300 6666.

Can Tier 2 Visa Holders Get a Mortgage in the UK?

samanthi.perera@klrsolicitors.co.uk (Samanthi Perera) — Mon, 17 Mar 2025 11:32:04 GMT

Tier 2 Visa Mortgages & First-Time Buy-to-Let – Legal Insights

Can Tier 2 Visa Holders Get a Mortgage in the UK?

For many immigrants on a Tier 2 visa , homeownership in the UK can feel out of reach, but it is entirely possible with the right legal and financial guidance. Some lenders now offer mortgages with as little as a 5% deposit , opening the door for visa holders to step onto the property ladder. However, as a solicitor, it is crucial to ensure clients understand the legal implications and mortgage conditions tied to their visa status.

Key Legal Considerations for Tier 2 Visa Holders Seeking a Mortgage

Visa Expiry and Mortgage Approval – Lenders typically prefer applicants with at least two years remaining on their visa. Some may still consider applications with less time remaining, but they will likely request proof of visa renewal or indefinite leave to remain (ILR) plans.

Lender Requirements – Mortgage providers often assess credit history, employment status, and income stability . Tier 2 visa holders working in high-demand professions or with a stable income are more likely to secure favourable mortgage terms.

Legal Documentation – Solicitors must ensure clients provide all necessary documentation, including visa paperwork, proof of employment, and financial records . Lenders may request additional proof of residency and stability in the UK.

Deposit Requirements – While a 5% deposit option is available for some Tier 2 visa holders, a higher deposit (10-25%) can increase mortgage approval chances and secure better interest rates. Solicitors should guide clients in understanding the impact of their deposit size on mortgage eligibility.
Legal Protection – Clients should be made aware of legal protection clauses in their mortgage agreement, especially regarding visa status changes, job loss, or relocation. A solicitor’s role is to ensure buyers are legally protected in case of unexpected circumstances.

First-Time Buyers & Buy-to-Let Mortgages – What You Need to Know

For first-time buyers, stepping into the world of buy-to-let property investment presents unique challenges. Unlike standard residential mortgages, buy-to-let mortgages come with different lending criteria, legal requirements, and tax implications.

Legal Considerations for First-Time Buy-to-Let Investors

Deposit Requirements – Unlike residential mortgages, buy-to-let mortgages generally require a higher deposit , often between 20-40% . First-time investors must be financially prepared for this upfront cost.

Affordability Assessment & Rental Income – Lenders assess the projected rental income rather than personal earnings. Most require rent to cover at least 125-145% of mortgage repayments , depending on tax status. A solicitor can ensure clients understand these calculations and their impact.

Taxation & Legal Responsibilities – First-time landlords must be aware of Stamp Duty Land Tax (SDLT) , Capital Gains Tax (CGT) upon selling the property, and income tax on rental earnings. Legal advisors must ensure clients are compliant with all tax obligations.

Tenancy Agreements & Landlord Compliance – Buy-to-let investors have legal responsibilities toward tenants, including:
Ensuring tenancy agreements are legally sound
Complying with health and safety regulations
Registering deposits in a government-backed scheme

Mortgage Restrictions – Some lenders do not offer buy-to-let mortgages to first-time buyers. Solicitors must verify lender policies and ensure clients meet the criteria.

How a Solicitor Can Help with Mortgage Applications

The mortgage application process can be complex, particularly for Tier 2 visa holders and first-time buy-to-let investors. A solicitor plays a crucial role in ensuring a smooth transaction.

Why Legal Support is Essential:

Mortgage Agreement Review – Solicitors assess mortgage agreements to ensure clients understand all legal obligations, restrictions, and penalties.
Lender & Contractual Compliance – Legal advisors confirm clients meet lender conditions and comply with UK mortgage laws.
Property Due Diligence – Solicitors conduct checks to identify potential legal risks associated with the property, including planning restrictions and ownership disputes.
Tax Guidance – Providing advice on tax liabilities, stamp duty costs, and long-term financial planning for property ownership.

Final Thoughts – Secure Your Mortgage with Legal Expertise

Whether you're a Tier 2 visa holder looking to buy a home with a 5% deposit or a first-time buyer exploring the buy-to-let market , expert legal support is essential. Ensuring compliance with lender requirements, legal obligations, and tax laws can protect you from unexpected financial pitfalls.

By working with an experienced solicitor, you can navigate the mortgage process with confidence , securing the best possible outcome for your property investment.

Need legal assistance with your mortgage application? Contact us today for expert solicitor support.

The Role of Pre-Nuptial Agreements in UK Divorce – Are They Legally Binding?

Thu, 27 Feb 2025 10:18:42 GMT

Tthe role of Pre-Nuptial and Post-Nuptial Agreements in UK divorce. Learn if they are legally binding, how courts assess fairness, and steps to strengthen their validity. Get expert legal insights today.

As the average age for getting married increases, along with more people getting married for the second or even third time, Pre and Post-Nuptial Agreements play an important role in protecting the non-matrimonial wealth and assets of spouses, especially in high net worth (HNW) divorce cases.

To help you understand whether a Pre or Post-Nuptial Agreement is something you and your partner wish to explore, below is a brief summary of what they are and their role in a divorce in England and Wales.

What is a Pre-Nuptial Agreement?

A Pre-Nuptial Agreement is an agreement entered into by a couple before they get married setting out how they will divide their property and assets should they get divorced. A Post-Nuptial Agreement is essentially the same, except it is made after the wedding takes place. Post-Nuptial Agreements are often entered into when a couple is considering a divorce but is working on trying to save the marriage. Having an agreement in place takes away the pressure of worrying about who will get the family home, pensions etc if separation proves inevitable.

Are Pre and Post-Nuptial Agreements Legally Binding?

The short answer is no. But, the Supreme Court in Radmacher v Granatino [2010] UKSC 42 held that when a judge was working out a couples Financial Settlement, weight should be given to a nuptial agreement if it is fair to do so.

How do the Courts decide if a Pre or Post-Nuptial Agreement is fair?

When deciding Radmacher, the Supreme Court examined significant family law cases including McFarlane v McFarlane [2006] UKHL 24. McFarlane established that fairness should be based on the principles of:

need – i.e. it is fair to consider the needs of both parties to a divorce;
compensation – this means that if one person is left financially stronger once both parties’ needs are met, the Court may award some compensation to the other person, and;
sharing – i.e. each party to a divorce is entitled to an equal share of their joint assets unless there is a good reason otherwise (e.g. if some assets were acquired before getting married).

When deciding whether to uphold the terms of a Pre or Post-Nuptial Agreement, the Court will ask itself:

a) Was agreement freely entered into,

b) Did both parties understood the agreement, and

c) Is reasonable to hold both parties to the agreement?

What steps should be taken to increase the chances of a Court upholding a Pre or Post-Nuptial Agreement?

There are a number of steps you can take to increase the chances of a Court giving weight to your Nuptial Agreement:

Each party should instruct an independent Family Law Solicitor.
Both parties need to make a full and frank disclosure regarding their finances.
The agreement should be carefully drafted, taking into consideration the financial disclosure and economic requirements of each party.
The document should be reviewed by each parties’ Solicitor before it is signed.
The agreement must be signed willingly and in full knowledge of its contents and implications.
The agreement should be reviewed regularly to ensure it remains fair, especially after the birth of any children.

Your Family Law Solicitor will explain the process of drawing up and entering into a Nuptial Agreement.

This is the perfect time to ask any questions you have and to make sure you fully understand everything contained in your Pre or Post-Nuptial Agreement.

What are the advantages and disadvantages of Pre and Post - Nuptial Agreements?

As with any legal agreement, it is important to understand the advantages and disadvantages. The benefits of a Nuptial Agreement are as follows:

Provides clarity as to what is considered ‘non-matrimonial property’.
Protection of assets in the event of legal separation.
Provides certainty and transparency.
If a party holds significant pre-marital debts, a Nuptial Agreement can be used to protect the other party having to repay those debts.
Provision can be made for one spouse to receive compensation if they give up their career to take care of the home and children.
Protection of business partners.
Minimises acrimony on divorce.
Inheritance beneficiaries (i.e. children and grandchildren) can be protected.
Parties can agree to their own terms.
Prevents financial opportunism.

The main disadvantages of Nuptial Agreements are as follows:

Not legally binding – although the Courts will normally take a valid nuptial agreement into consideration.
May result in the economically weaker party being penalised.
Difficult to include financial provisions for children.
May provide no inheritance rights and prevent claims under the Inheritance (Provision for Family and Dependants) Act 1975.
Some parties find it emotionally distressing to enter into a Nuptial Agreement.

Final words

If you are considering entering into a Pre or Post- Nuptial Agreement or are getting divorced and an agreement is in place, it is essential to seek legal advice from a Divorce Law Solicitor. In the former situation, they can advise you on drafting a fair agreement that is likely to be upheld by the Courts if you and your fiancée divorce. In the latter scenario, a Family Law Solicitor will examine the agreement and advise you on whether it is fair or if it should/could be challenged.

For a free consultation regarding your divorce or drafting a Pre or Post Nuptial Agreement, please call our understanding and caring family law team on 0208 300 6666.

Understanding Mediation in UK Divorce: Benefits, Process, and Why It’s Essential

Tue, 21 Jan 2025 10:53:16 GMT

Mediation in UK divorce is proven to be extremely useful in helping separating partners resolve complex disputes relating to the division of marital assets, child arrangements, and spousal and child maintenance. In the majority of cases, it is recommended that divorcing couples try to reach an agreement between themselves, however, this is not always possible.

If one or both parties are unwilling to discuss matters or they are unable to reach a complete agreement, mediation is the next logical step in the process. It is important to remember that divorcing couples cannot ask the courts to intervene without first considering mediation unless there are circumstances that make it unfeasible (e.g. if there is a background of domestic abuse). In this article we will explain what is involved in mediation during UK divorce, the benefits, and the process.

What is mediation in UK divorce?

Mediation is a form of ‘Alternative Dispute Resolution’ (ADR) or ‘Non-Court Dispute Resolution’ (NCDR) involving a completely neutral third-party mediator with the skills and training necessary to help divorcing couples reach decisions on their money, property, and children. The reality is that disputes almost always arise in some form during the divorce process, and seeking the help of a mediator can help them reach an agreement without the need for court litigation, which can be stressful and adversarial in nature. Mediation typically takes place in a neutral location or online and involves both parties working together with the mediator in a measured and constructive manner.

Even if you wish to ask the court to decide on your divorce-related matter, you will both still need a ‘mediation information and assessment meeting’ (MIAM). The MIAM will help you understand how mediation may help you whilst also allowing the mediator to determine if this method of dispute resolution is suitable in your case.

What are the benefits of mediation vs court action?

There are several benefits of mediation over court action to resolve divorce disputes, including:

Faster – Mediation sessions can typically be arranged quickly, allowing progress to be made with the minimum of delay. By contrast, the courts are often extremely busy, hence, you may need to wait several weeks or months before you can have your matter heard. Even then, the process may involve several hearings spaced over many months.
Cheaper – Mediation sessions are relatively inexpensive compared to lengthy court action to resolve divorce disputes, which can be costly.
Less adversarial – One of the biggest benefits of mediation is that it is not adversarial. Because you and your ex-partner talk together with the aid of a mediator, you can better understand each other’s perspective. Court cases can feel quite stressful and contentious, leading to anger and animosity during and after the process.
Agreements are more likely to be honoured – Agreements reached in mediation tend to be adhered to by both parties because they have reached a mutual agreement between themselves. In other words, it is not imposed on the couple. If a judge makes a decision on your behalf that you or your partner do not agree with, there may be less ‘buy-in’ and commitment to uphold the agreement.
Preserves the long-term relationship for the benefit of the children – By parting on agreeable terms, you are more likely to remain cordial and respectful towards one another. In turn, if you have children together, they will benefit from seeing their parents being amicable, which may help them to cope with their new post-divorce arrangements more easily.

What is the process of arranging mediation after divorce?

You and your partner can approach any mediator and book an appointment at any time without the need to involve the courts. Mediators with the skills, experience and training to guide divorcing couples can be found through the Family Mediation Council . Look for a mediator who is a member of an accredited organisation such as the Family Mediators Association (FMA), College of Mediators, Law Society, National Family Mediation, or Resolution.

If you and your ex-partner reach an agreement on your divorce-related matter, your mediator will then write up a summary of the agreement combined with the financial information provided. This will then be sent to your respective divorce solicitors, who will provide you with legal advice regarding the terms you have agreed upon. The agreement will then be drawn up in a legal form and made legally binding to ensure that it is adhered to in the future and is enforceable if not.

Final words

The good news is that mediation is incredibly effective in the vast majority of divorce cases. Mediators have the training and experience to help ex-couples find common ground, even if it seems impossible at first. This effectiveness, coupled with the many benefits outlined above, makes mediation a perfect next step in reaching an agreement on your children, money and property during the divorce process.

For a free consultation regarding your divorce or any other aspect of your separation, please call our understanding and caring family law team on 0208 300 6666.

Can You Get Divorced Without Going to Court in the UK?

Wed, 11 Dec 2024 11:27:40 GMT

Discover how to get divorced without going to court in the UK. Learn about the divorce process, no-fault divorces, and when court attendance is necessary. Call us for advice!

You do not normally need to go to court to get divorced in the UK. While you will need to apply to the court for your divorce, there is no need to attend in person. Your divorce will be processed by the court, and a decision will be made on your application. In fact, the whole divorce process in the UK is set up to not require divorcing couples to attend court, only if absolutely necessary. You may need to attend court in certain situations if your ex-partner contests your divorce application or if you cannot agree on divorce-related matters such as how to divide your marital assets. In this article, we will explain the divorce process and when you may need to attend a court.

Can you get divorced without going to court in the UK?

Yes, in the vast majority of cases, separating married couples never need to go to court regarding their divorce. This is because the court handling your divorce will decide on your application based on the facts presented to them in your application. The court will check that you meet the criteria for divorce, including the following:

You have been married for over a year
Your marriage has permanently broken down, and
Your marriage is legally recognised in the UK (this includes same-sex marriage).

If the divorce is not contested by your partner and the petition documents are correct, you can apply for a Conditional Order confirming court 20 weeks after your divorce application has been issued by the court. You can then apply for a Final Order 43 days after receiving your Conditional Order. Once you have your Final Order, you are no longer married. At no point in this process is there a need to attend court. You may need to attend court, however, if:

Your ex-partner contests your divorce application for a valid reason, or
You need to attend court for a related matter, such as your divorce financial settlement (this does not affect your divorce application, however, this is a separate matter).

What do you do if your partner doesn’t agree to a divorce in the UK?

If your partner does not agree to a divorce in the UK, you can still get divorced by making a sole application. Under the relatively new No Fault Divorce rules, which were introduced in April 2022, there is no need to prove why you want to divorce. All that matters is that you believe that your marriage has broken down irretrievably. This is now the only ground for divorce.

Once you have made your sole divorce application, the courts will process your case and send a copy of the petition to your ex-partner. At this stage, your ex-partner must respond to the acknowledgement of service notification within 14 days. In doing so, they must confirm whether they agree with the divorce or intend to dispute the divorce. If they intend to dispute the divorce, they must also complete an ‘answer form’ explaining why they wish to do so.

The key point to bear in mind is that your ex-wife or husband can only dispute the divorce if they have a valid reason, and these only occur in rare circumstances. Not wanting a divorce is not a valid reason. Valid reasons include:

The court does not have the legal jurisdiction to deal with the application
You were never married, or your marriage is not valid, or
Your marriage has already legally ended.

Any other reason will not be considered valid by the court.

If your ex-partner has disputed your divorce application for a valid reason, you may need to attend court with them to explain the circumstances. The judge overseeing the hearing will then decide whether to discard the application or grant the divorce.

Attending court for other reasons during the divorce process

You may also need to attend court during the divorce process if you need the court to make a decision on important matters related to your divorce settlement or child arrangements. Again, this is not the norm for everyone. All couples are encouraged in the first instance to try to come to an agreement regarding their children, home, and marital assets. Even then, if this is not possible, divorcing couples must then try mediation by attending a Mediation Information and Assessment Meeting (MIAM) unless there are other factors which mean this is not appropriate, such as domestic abuse.

Only if you cannot agree between yourselves and/or mediation is not suitable or effective can you apply to a court for a Consent Order, Child Arrangement Order, Pension Attachment Order, or any other type of order that may be required to set out and enforce a divorce-related arrangement.

Final words

You are about to go through the process of divorce in the UK, you will not need to go to court if you and your ex-partner agree to divorce and on the key decisions that need to be made as a result. There are many ways of avoiding the need to go to court if things do not go to plan. Avoiding court will save you time and emotional stress and help to ensure that you and your ex-partner can remain on amicable terms, which is beneficial for everyone concerned, including the children. Our family law team can advise you on the best way to resolve any issues which may otherwise mean you have to go to court. If going to court cannot be avoided, we will represent you in the court and at step of the way.

For a free consultation regarding your divorce or any other aspect of your separation, please call our understanding and caring family law team on 0208 300 6666.

How Property and Child Custody Are Decided During Divorce in the UK

Tue, 26 Nov 2024 16:04:17 GMT

Discover how property is divided and child custody is determined in a UK divorce. Learn about the legal process, mediation, and factors courts consider for a fair resolution.

We are often asked about the more technical aspects of divorce and have created a series of articles to explain these in easily digestible sections. In our last article , we answered a number of important questions about the divorce process in the UK, including how to start divorce proceedings, the legal grounds for divorce, how long the process takes, and the difference Between divorce and judicial separation. In this second of three articles, we will delve into how property is divided, and child custody is decided in a UK Divorce.

How Is Property Divided in a UK Divorce?

Property is normally divided between divorcing parties in the UK according to a number of factors set out in Section 25 of the Matrimonial Causes Act 1973, including:

The income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future
The financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future
The standard of living enjoyed by the family before the breakdown of the marriage;
The age of each party to the marriage and the duration of the marriage
Any physical or mental disability of either of the parties to the marriage
The contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family, and
The conduct of each of the parties, if that conduct is such that it would, in the opinion of the court, be inequitable to disregard it

Marital property can include the family home, savings, investments, personal possessions, and even businesses. In most cases, divorcing parties will try to reach an agreement on how their property and other marital assets should be divided between themselves. If this is not possible, ex-spouses are then encouraged to try mediation as a way to reach an agreement. If this is also not possible, an application for a Consent Order can be made to the courts whereby a judge will make a decision on a divorce financial settlement.

If you ask the court to make a decision on your divorce financial settlement, the judge handling your case will normally start by dividing your marital assets equally, but the final decision will depend on the above factors. The judge will also determine whether the divorce financial settlement should be in the form of a lump sum, sale or transfer of property, pension sharing arrangement, and/or spousal maintenance.

How Is Child Custody Decided in a UK Divorce?

Child custody decisions following divorce in the UK (referred to as ‘child arrangements’) are typically made jointly between both parents without the involvement of the courts. Joint custody (or joint child arrangements) means that both parents will retain custody of their child (i.e. their time is split equally between both parents). When reaching a decision on child custody, you will need to come to an agreement with your ex-partner on:

Where your child will live (e.g. weekdays at one house and weekends at the other)
How much time they will spend with each of you, and
How you will financially support your child.

If you can agree with your ex-partner on child custody arrangements, it is advisable to draw up a ‘parenting plan’. If you are concerned that the other party may not uphold their side of the agreement, you can have this made into a legally binding order.

If you cannot agree on child arrangements, before going to court, you and your ex-partner will need to attend a Mediation Information Assessment Meeting (MIAM) to determine if mediation may be effective in finding a resolution. If mediation is not suitable or effective, you can apply to the court for a Child Arrangements Order whereby a judge will help you reach a solution or, if not, make one for you and your ex-partner.

Ultimately, the judge’s primary concern is always the well-being and welfare of the child concerned. When deciding on a Child Arrangements Order, they will consider a range of factors including:

Whether the child has or is at risk of harm
The ability of each parent to meet the needs of the child
The child’s physical, emotional and educational needs
The child’s wishes and feelings (considering their age and level of understanding)
The impact of any changes in the child’s day-to-day circumstances.

Final words

Going through divorce and making important decisions on children and finances can be emotionally stressful and draining for most separating couples. To ensure that you reach the best possible outcome for you and your children, please speak to one of our empathetic and highly experienced family law Solicitors. We will take the time to listen to the details of your case, recommend a strategy to meet your needs, and guide and support you throughout the process to a successful conclusion.

For a free consultation regarding your divorce or any other aspect of your separation, please call our understanding and caring family law team on 0208 300 6666.

How Do I Start Divorce Proceedings in the UK?

Wed, 23 Oct 2024 09:21:06 GMT

You can start divorce proceedings in England or Wales after at least one year of marriage by completing form D8 online or on paper, either jointly or on your own.

As we will discuss in this article, under the ‘no fault’ divorce process, you don’t need to provide a reason for your divorce, but your relationship must have permanently broken down.

What Are the Legal Grounds for Divorce in the UK?

Since the introduction of no-fault divorce in April 2022, there is now only one ground (i.e. reason) for divorce in the UK: that your relationship must have broken down permanently (irretrievably). Under the older divorce rules before April 2022, applicants had to cite one of five possible grounds for divorce – adultery, unreasonable behaviour, desertion, two years of separation with consent, or five years of separation without consent. This is no longer necessary. The law now allows divorces to proceed on the assumption of no-fault. As such, you do not need to provide any evidence for why your marriage has come to an end.

What is a No-Fault Divorce in the UK, and How Does It Work?

No-fault divorce in the UK simply means that you no longer need to prove that the other party was at fault in causing your marriage to break down. All that matters is that the marriage has broken down permanently. You can apply for divorce on your own or jointly with your ex-partner. If you apply as a sole applicant, your ex-partner will be sent an acknowledgement of service and a copy of the application, to which they are required to respond within 14 days.

How Long Does a Divorce Take in the UK?

Divorces in the UK take at least 7 months to complete, from the date of the divorce application to the granting of the Final Order (what used to be called the decree absolute). Divorces take this long because of the mandatory waiting times in the process. You must wait at least 20 weeks from when your divorce application has been received by the courts and issued (i.e. copies sent to both parties) before applying for a Conditional Order. This is often referred to as a ‘cooling-off’ period. A Conditional Order is approval from the courts that your divorce can now go ahead. Once you have a Conditional Order, you have to wait another 6 weeks and 1 day before you can apply for a Final Order.

As such, 20 weeks added to 6 weeks and 1 day gives the 26-week timescale (i.e. half a year). In reality, it is important to allow some extra time for the processing of your application and any requests for additional information. In addition, the timescale may be longer if your ex-partner does not agree with the divorce petition. Remember, your partner cannot stop the divorce process from going ahead, but the courts do need to check if there are any valid reasons not to allow the divorce to proceed (e.g. if you were never in a marriage that is legally recognised in the UK).

Summary of the main steps when applying for a divorce

Check whether you can get a divorce – you must have been married for over a year, your relationship must have permanently broken down, and your marriage must be legally recognised in the UK
Decide if you will make a sole or joint divorce application
Gather any paperwork and information you will need, including your addresses and your original marriage certificate or a certified copy.
Complete and submit the divorce application form
Pay the application fee of £593
The court will send a notice that the application for divorce has been issued
If you applied as a sole applicant, your ex-partner will receive an acknowledgement of service notification giving them 14 days to state whether they agree with the divorce or whether they have a valid reason to dispute it (e.g. if you are not properly married).
Apply for a Conditional Order (20 weeks after your divorce application is issued) and
Apply for a Final Order (6 weeks and 1 day after your Conditional Order is issued) – your marriage will now be officially ended.

What’s the difference Between Divorce and Judicial Separation in the UK?

Divorce leads to the formal legal ending of a marriage, whereas with judicial separation (i.e. legal separation), parties live separately but remain married in the eyes of the law. Judicial separation is more than just an informal separation; it is sanctioned by the courts and enables the division of money and marital assets without bringing the marriage to an end. Another key difference is separating couples must wait a year to divorce, while it is possible to apply for a judicial separation in the first year of marriage.

Judicial separations are commonly undertaken where there are religious reasons against divorcing or couples who want a trial separation before legally ending their marriage or civil partnership.

Final words

We hope that this article has helped you to understand the steps involved in a divorce, the timing, and how divorce differs from judicial separation. Under the new no-fault divorce process in England and Wales, the process of applying for a divorce no longer requires the laying of blame, reducing the level of animosity felt between separating partners.

For a free consultation regarding your divorce or any other aspect of your separation, please call our understanding and caring family law team on 0208 300 6666.

Rebuilding Your Life After Divorce: Finding Identity, Setting Goals, and Embracing New Beginnings

Mon, 23 Sep 2024 10:44:17 GMT

Divorce can feel overwhelming, but it's also an opportunity to rediscover your identity, set new goals, and explore new hobbies. Learn how to rebuild your life, find purpose, and move forward with confidence after separation. Get support and guidance from KLR Solicitors today.

If you have recently made the decision to separate from your partner, life right now may feel incredibly daunting, but it is also a new start for you and your children. Remember, you are not alone. According to official government statistics , in the first quarter of 2024, 27,908 applications for divorce were submitted, and 21,662 final orders were granted. In this article, we will look at what you can do to rebuild your post-divorce life, regain your sense of identity, and embrace the next chapter with confidence.

Finding your identity after divorce

It is extremely common to feel as though you have lost your sense of identity after you have made the decision to divorce. After all, having spent so much of your life with another person, it is easy to lose sight of who you are as an individual. You may have spent many years making important life decisions together, sharing experiences, and supporting each other through life. Once the marriage ends, there is often not only a sense of loss but also of having to rediscover yourself once again in the world. This may naturally leave you feeling overwhelmed, uncomfortable, and uncertain.

It is important to take the time you need to reflect on who you are and what you now want in life for you and your children. If you feel lost or unsure, we recommend seeking professional support from a counsellor to help support you through this time of self-reflection and growth.

As Cindy Bouchard, a women’s divorce coach, explains , “Approaching your new identity with curiosity is something I encourage. Who do you want to be now? How do you want to show up in your relationships differently with yourself, your friends, family and children? When you are single, you have the ability to do the work to figure this out. Take the time to get to know yourself again”.

Setting new goals and rebuilding your life after divorce

One way to give yourself a sense of control and that you are moving in a positive direction after divorce is to set yourself new goals that reflect your new aspirations. Of course, at the start, you may not know what these are. A counsellor can help you lift the fog of divorce and discover what it is that you now want from life. Even by setting small, achievable goals, you can start to regain control and build a sense of purpose. These goals can be as simple as eating healthier food, spending quality time with your children and family, and getting out for some regular exercise.

When setting new goals, ask yourself:

· What do you want from the next phase of your life?

· Do you want to simplify and declutter your life?

· What do you want for your children?

· Is there a career change you have always wanted to make?

· Have you ever dreamed of moving to a particular place?

Do not place unnecessary pressure on yourself. Life after divorce is not a race, and each person’s journey is different. Be kind to yourself as you set these new goals, and remember that it’s okay to take things one step at a time.

Exploring new hobbies and interests

One of the most exciting aspects of life post-divorce is the opportunity to explore new hobbies and interests. Admittedly, right now, the idea of exploring new hobbies and interests may feel a million miles away, but given time, you may feel that you want to try something different.

Hobbies offer so many benefits after divorce. They help you take your mind off what is happening at home, allow you to rediscover yourself, meet new people, and allow you to reconnect with yourself. There is no limit to what you can do. You may want to start off small by doing some painting or going for a walk. Over time, you may decide to learn a new language, join a class, or even start a new sport. Find an activity that brings you joy and gives you a much-needed sense of fulfilment, allowing you to focus on the positive aspects of your new life. Perhaps think about what you used to enjoy in your earlier life or even as a child, and approach this time with an open mind and a willingness to try new things.

Dating again - when and how to start

There really is no right answer to the question of when to start dating again. What matters is that the time is right for you and your children. When you are ready to start dating again after your divorce, consider taking things slow. Listen to yourself, trust your instincts, and take a step back if things don’t feel right for you.

Divorce marks the end of a chapter, but it is not the end of love or companionship. When the time is right, you will find yourself open to new experiences and relationships, and when you do, you will feel much stronger and in a more self-assured place.

Final words

At KLR Solicitors, having helped many people through divorce, we understand that divorce is more than a legal matter – it is also an emotional journey. Remember, while the immediate road ahead may seem challenging, it will open up a route of exciting possibilities for a future that reflects who you truly are and what you want from life.

For a free consultation regarding your divorce or any other aspect of your separation, please call our understanding and caring family law team on 0208 300 6666.

Supporting Children Through Divorce: Tips for Effective Co-Parenting and Communication

Fri, 23 Aug 2024 07:39:26 GMT

Learn essential tips and strategies for supporting your children during divorce. Explore effective co-parenting, open communication, and managing emotional stress to help maintain stability and well-being for your children.

According to the latest statistics from the Department for Work and Pensions (DWP), in 2023, there were around 2.4 million separated families in Great Britain, including 3.8 million children. The reality is that divorce can be extremely difficult and even traumatic for children. Children can feel confused, scared, or, in some cases, guilty about the changes happening within their family. Thankfully, many steps divorcing parents can take to protect and support their children. In this article, we will look at ways to help you communicate effectively, co-parent smoothly, manage emotional stress, and maintain stability for your children during the divorce process.

Open communication is key

One of the most important steps you can take during a divorce is to communicate openly and honestly with your children from the outset about what is going on. This communication should continue through and following the divorce process for as long as needed. While this may seem like an obvious step, all too often, divorcing parents are understandably busy and preoccupied with their change in circumstances and do not take the time to explain what is happening to their children. Ultimately, children need to understand what is happening and why, but they also need reassurance that they are not to blame for the divorce and that both parents still love them.

Keep the information you give to your child about your divorce appropriate to their age and level of understanding. Younger children typically need simpler, clearer explanations, while older children and teenagers may want to have a more detailed discussion.

Always present a united front

It is also important to present a united front with your ex-spouse. Never blame the other parent or discuss any negative feelings you have towards them in front of your children. Always do your best to be objective and focus on the facts and what will change in their lives.

Presenting a united front will help your children to feel better about the divorce and allow them to feel safe.

Effective co-parenting

Children often worry about what will happen next; where they will live, whether they will see both parents and how the divorce will affect their daily lives. Explain that, despite the changes, both parents will remain actively involved in their lives.

Also, let your children ask questions and express their feelings about what will happen next. Answer their questions honestly, but be mindful not to overwhelm them with too much information at once.

Effective co-parenting involves putting your children’s needs first. Try to set aside personal grievances and focus on what will benefit your children. Make sure that you and your ex-spouse agree on any key rules, routines, and discipline strategies for your children. This consistency provides a sense of security and stability for your children.

When speaking to your ex-spouse, make a real effort to always keep communication clear, respectful, and focused on the children. Use a neutral tone, and avoid using your children as messengers.

Both parents should be willing to adjust schedules or plans when it’s in the best interest of the children. While flexibility is important, reliability is just as crucial; always follow through on your commitments. This is the cornerstone of a trusting co-parenting relationship.

Importance of a parenting plan

A well-thought-out parenting plan can help reduce conflicts and misunderstandings. We recommend agreeing and writing down your living arrangements, holidays, special occasions, and how decisions will be made regarding your children’s education, health, and other important matters. If this needs to be put into a legal form, you can apply to the court for a Child Arrangements Order (CAO) through a family law Solicitor.

Helping children cope with emotional stress

Divorce is emotionally stressful for children, leading to feelings of sadness, anger, anxiety, or guilt. This can affect their sleep, schooling, and other aspects of their life. To help your children adjust to their new situation:

Acknowledge their feelings – Let them know it is absolutely fine to feel sad, angry, or confused about the divorce. Encourage them to discuss their feelings and explain that you will always be there to discuss them.
Encourage open expression - Encourage them to talk about their feelings, draw, or write about their experiences.
Engage a child counsellor - If your children are struggling to cope with the emotional stress of the divorce, consider seeking the help of a child therapist or counsellor. A professional can provide your children with tools and strategies to manage their emotions and help them adjust to the changes.

Final words

When it comes to helping your child through and following divorce or dissolution, be patient and understanding. Remember, healing takes time. Be patient with your children as they work to understand and deal with their emotions and adjust to the new family dynamics. Also, remember, to look after your children, you need to look after yourself. Remember, taking time out for yourself will mean that you can give back to your children.

For a free consultation regarding your divorce or any other aspect of your separation, please call our understanding and caring family law team on 0208 300 6666.

Coping Mechanisms: Handling the Emotional Rollercoaster of Divorce

Mon, 22 Jul 2024 13:08:09 GMT

The end of a marriage or civil partnership is a significant change in our life circumstances, causing a range of emotions such as grief, loss, stress, and anxiety.

According to research , the experience of separation or divorce also comes with a higher risk of poor health outcomes, including a 23% higher mortality rate. While most people cope well and are resilient following separation, around 10–15% struggle substantially, experiencing adverse health problems such as high blood pressure, heart attacks, depression, and anxiety. Indeed, the same research also showed that separated individuals who tend to recount their experiences in a ‘blow-by-blow’ way rather than reconstruing their experiences to find meaning are at a higher risk of mood disorders.

In this article, we will look at the most effective coping mechanisms for handling the emotional turmoil of divorce, including dealing with grief and loss, managing stress and anxiety, seeking professional help, and practising self-care.

Dealing with the sense of grief and loss following divorce

For many, going through divorce or dissolution feels no different to grief or loss. One day, the person with whom you share your life is there, and the next, they are gone. While grieving the end of a marriage is a natural response, it is important to accept and process these feelings rather than suppress them. Grief is not only about mourning the loss of the relationship but also the dreams and future plans that you shared.

Understanding the stages of grief can help in navigating through the emotions of divorce. These stages include denial, anger, bargaining, depression, and acceptance. It is important to note that everyone experiences these stages differently and in their own time. There is absolutely no right or wrong way to grieve; what matters is recognising these emotions and giving yourself permission to feel them.

Expressing your emotions following divorce

For British people especially, while it may feel uncomfortable, expressing our emotions following divorce can be incredibly therapeutic. Whether it’s talking to a trusted friend, writing in a journal, or even crying, letting out your feelings can prevent them from getting buried and later causing even more harm.

If you don’t have someone to confide in about how you feel, consider speaking to a divorce counsellor who will help you to process the profound change you are experiencing. They understand the emotional and physical impact of divorce and will help you to understand and deal with how you feel.

Managing stress and anxiety

Divorce brings with it a plethora of new stressors, from legal proceedings to changes in living arrangements and financial worries. Any one of these can lead to overwhelming stress and anxiety, which can take a toll on your mental and physical health.

Mindfulness and meditation are excellent ways to calm the mind and reduce anxiety. Taking a few minutes each day to focus on your breath and be present in the moment will make a significant difference to your stress levels.

Exercise and physical activity of any sort is another powerful tool for managing stress. It can be tempting to avoid exercise and hide away from the world around you after divorce, but getting outside and moving will boost your endorphins, which are natural mood enhancers. Don’t overdo it, however. Whether it’s a brisk walk, a yoga session, or a workout at the gym, incorporating regular physical activity into your routine can help alleviate stress and improve your overall well-being.

Seeking professional help from therapists and support groups

Engaging in therapy can provide a safe space to explore your feelings and work through the pain of divorce. Cognitive-behavioural therapy (CBT) and other therapeutic approaches can be particularly effective in addressing negative thought patterns and fostering emotional resilience. Alternatively, you may wish to seek the help of a support group to connect with others who are going through similar experiences. Listening to the experiences of others going through similar life changes can be both comforting and empowering.

Self-care tips

Taking care of yourself following divorce or dissolution is key to maintaining your emotional well-being. Ultimately, self-care is about attending to your physical, emotional, and mental health needs.

You can do this by:

Establishing a regular routine - Establishing a daily routine can provide a much-needed sense of stability and normality. After such a big change in your life, this will help you to feel more grounded. Having a structured day can help reduce feelings of chaos and uncertainty. Include activities that bring you joy and relaxation, such as reading, hobbies, or spending time with loved ones.
Maintaining a healthy diet and sleep - Maintaining a healthy diet and ensuring adequate sleep are fundamental aspects of self-care. Stress and anxiety can often disrupt sleep patterns and eating habits. Aim for a balanced diet and create a bedtime routine that promotes restful sleep.
Mindfulness - Incorporating mindful practices into your daily life can enhance your emotional well-being. Yoga, meditation, and deep breathing exercises can help centre your mind and reduce anxiety.

Final words

Understanding and processing your sense of grief and loss, managing stress and anxiety, seeking professional help, and practising self-care will bolster your emotional well-being following divorce. Don’t be afraid to ask for help, and take the time you need to heal. With the right coping mechanisms, you can navigate through this period and look forward to a much brighter future.

For a free consultation regarding your divorce or any other aspect of your separation, please call our understanding and caring family law team on 0208 300 6666.

The Legal Maze: What to Expect During the Divorce Process

Fri, 28 Jun 2024 18:15:57 GMT

For many separating couples, the process of divorce or dissolution can feel like navigating a maze.

While the process of applying for divorce is relatively straightforward, the emotional, financial, and practical considerations can pose a significant challenge. This article sets out the main stages of divorcing in England and Wales, how best to deal with custody battles and child support, and some tips on protecting your assets and financial planning.

What are the stages of divorce?

1. Check if you can get divorced

You can get divorced in England and Wales if you have been married or in a civil partnership for over 12 months, your relationship has permanently broken down, and your marriage is legally recognised in the UK.

2. Apply for a divorce

The first step in divorce or dissolution in England and Wales is filing a divorce petition online. This can be done by one party, or the other, or both (i.e. a joint petition). In the UK, since the introduction of the ‘no-fault’ divorce law in April 2022, couples no longer need to blame each other for the breakdown of the marriage. Instead, they can simply state that the marriage has irretrievably broken down. You will also need to pay an application fee of £593.

3. Respondent’s Acknowledgment

Once the divorce application has been received by the court, if only one person filed the petition, the other spouse (the respondent) will be sent a copy of the divorce papers by the court. The respondent has 14 days to reply, indicating whether they intend to contest the divorce.

4. Conditional Order

Twenty weeks after the divorce application was issued by the court, you can apply for a Conditional Order (formerly known as a Decree Nisi). The waiting period is to give both parties enough time to consider their choice to legally separate. A judge then reviews the paperwork and, if everything is in order, grants the Conditional Order. A Conditional Order confirms that the court sees no reason why the divorce cannot proceed.

5. Final Order

Six weeks and one day after the Conditional Order is granted, you can then apply for a Final Order (formerly known as a Decree Absolute). This finalises the divorce, legally ending the marriage.

Custody battles and child support: What you need to know

In England and Wales, the term ‘child custody’ is more commonly replaced with ‘child arrangements’. If possible, parents should always try to reach an agreement between themselves on where their child will live and how much time they will spend with each parent.

If an agreement cannot be reached, parents can then try mediation. Mediation involves a completely neutral third party who helps both parents try to reach an amicable and fair decision on arrangements for their child/ren. Mediation is not always suitable, however, including if there is evidence of domestic abuse.

If mediation has been tried, but it is either not suitable or has not resolved the matter, an application can be made to the family court for a Child Arrangement Order (CAO). The court will make a decision on the CAO based on various factors, including the child’s wishes (depending on age and maturity), each parent’s ability to meet the child’s needs, and the impact of any changes on the child.

The non-residential parent (i.e. the parent who the child does not live with) may be required to provide child maintenance to the resident parent (i.e. the parent with whom the child lives). The amount is based on the non-residential parent’s income, the number of children, and how much time the children spend with each parent. The Child Maintenance Service (CMS) can assist in calculating and collecting payments if parents cannot agree.

Protecting your assets and financial planning

To reach a divorce financial settlement, both parties must provide a full financial disclosure detailing their assets, liabilities, income, and expenses. This transparency ensures a fair division of assets. The courts typically aim to achieve a fair division of assets, but this does not necessarily mean equal. They will consider a range of factors, including the length of the marriage, contributions (financial and non-financial) by each party, future needs, and the welfare of any children involved.

As part of the divorce financial settlement, the court may decide to issue a pension sharing order, where a portion of one spouse’s pension is transferred to the other or offset against other assets. In some cases, one spouse may also be ordered to pay maintenance to the other, especially if there is a sizeable difference in income and one spouse is financially dependent on the other. Any decisions made on pension sharing and spousal maintenance will depend on the value of the marital assets, the length of the marriage and each party’s financial needs and resources.

Final words

We understand that the divorce and dissolution process in the UK can be daunting, but understanding the steps involved, the key legal terms and the intricacies of custody and financial planning can help you navigate this challenging time. By seeking the advice and support of an experienced family law Solicitor, you will get through the legal maze with ease, allowing you to get on with your new life with your financial interests protected.

For a free consultation regarding your divorce or any other aspect of your separation, please call our understanding and caring family law team on 0208 300 6666.

Who Pays Shared School Costs After Divorce?

Wed, 01 May 2024 06:48:41 GMT

There is much to consider if you have made the decision to divorce, not least the emotional upheaval, the practicalities (e.g. where you will live), and the financial implications, including how shared school fees or other educational costs will be covered.

If your child attends an independent fee-paying nursery or school, you may be, understandably, concerned about how the school fees will now be paid for. Likewise, if your child attends a non-fee-paying school, you may be worried about paying for other educational costs such as school uniforms, trips, transport, and lunches. And if your child attends university, there may be university fees and living costs to be covered.

Separating couples often feel significant additional financial pressure after divorce. This may be because one party is now paying for their own separate property in addition to contributing to the costs of the family home. Or it may be because while married, one party took on the role of running the home while the other worked, and they now have no form of income. If you are concerned that your child may no longer be able to attend their current school due to concerns over funding, this article is for you.

My ex-partner and I cannot agree on who should pay school fees after our divorce

It is extremely common for separating couples to struggle to reach an agreement on financial and other matters during the divorce process. In the first instance, it is important to try mediation or another alternative dispute resolution (ADR) method, such as arbitration or Solicitor negotiation, to find a solution outside of the courts. Mediation, in particular, can be extremely effective in resolving even the most contentious disputes between separated parents and is an essential step before asking the courts to intervene in your divorce financial settlement.

During mediation, a specially trained impartial mediator will work with you and your ex-partner to find an amicable outcome to any disagreements, including how school fees will be paid. If you cannot reach an agreement through mediation, or if mediation is simply not suitable (e.g. if there is a background of domestic abuse), then you can ask the family court to decide for you as part of your Consent Order application.

What if the sums simply don’t add up?

If you and your partner are struggling to understand how you make your finances stretch to cover your child’s educational costs, consider engaging the services of a financial advisor who can recommend a strategy to help you. It may be that by releasing equity from your property or selling certain assets, you can free up the capital needed to make the sums work.

Can the court order a parent to contribute towards school fees?

Yes, in accordance with the Child Support Act 1991 section 8(7), when reaching a divorce financial settlement, a family court judge can include specific clauses within your Consent Order covering school and educational costs. This is often referred to as a School Fees Order.

Section 8(7) of the Child Support Act 1991 states that a court shall not be prevented from

“exercising any power which it has to make a maintenance order in relation to a child if—

(a) the child is, will be or (if the order were to be made) would be receiving instruction at an educational establishment or undergoing training for a trade, profession or vocation (whether or not while in gainful employment); and

(b) the order is made solely for the purposes of requiring the person making or securing the making of periodical payments fixed by the order to meet some or all of the expenses incurred in connection with the provision of the instruction or training”.

When will the courts issue a School Fees Order?

It is always at the court’s discretion whether to issue a School Fees Order. It is important to remember that when deciding on who will pay school fees following divorce, the courts must look at the wider context in accordance with section 25 of the Matrimonial Causes Act 1973. As such, the wider financial needs of the family are paramount, not just school fees. In general, while a family court judge will take the view that continuity of education is important to children, it must be affordable. Hence, if the parents’ financial position simply does not allow the children to continue attending a fee-paying school, the judge may not issue an order. A family law judge is more likely to issue a School Fees Order if it is financially affordable following divorce.

What is included in a School Fees Order?

An experienced family law solicitor can draft a school fees order clause for inclusion in your consent form to cover nursery education, primary or secondary education, or tertiary education.

A School Fees Order clause may specify, for example:

· Who is required to pay school fees

· How ‘reasonable extras’ (e.g. books and school trips) appearing on the school bill will be dealt with

· How much will be paid

· How frequently payments will be made or the number of instalments (and the date of payments)

· Who payments will be made to (e.g. directly to the school), and

· Whether proof of payment needs to be provided to the applicant

Final words

Dealing with post-divorce disagreements regarding school fees can be emotionally difficult for both separating parties.

After all, you want the best for your child. By working closely with a family law Solicitor who specialises in resolving financial disputes after divorce, you can reach an amicable outcome outside of the courts, or if this is not possible, a court order that protects your child’s educational future.

For a free consultation regarding your divorce or any other aspect of your separation, please call our understanding and caring family law team on 0208 300 6666 .

Reaching a Divorce Settlement During Economic Market Turmoil

Sat, 06 Apr 2024 10:15:26 GMT

Navigating the process of dividing assets following divorce is never easy, but if you have capital tied up in investments, property, and businesses, reaching an agreement in the midst of market turmoil can make matters more difficult. In this article, we will discuss how market turmoil can negatively impact a divorce settlement and what you can do when negotiating a divorce settlement in such circumstances.

How can economic turmoil impact a divorce settlement?

Turmoil in the economy can impact a divorce settlement in a number of ways; for example:

A fall in property prices may not leave enough money for divorcing parties to set up separate homes
Rising interest rates may make it even harder to secure a mortgage on a new property
A rise in the cost of living may lead to a greater need for spousal maintenance for less financially well-off party
If one party was not working while married, it may be more difficult to secure a well-paid job in a struggling economy
A fall in share prices may reduce the value of investments and pensions, meaning that any money held in this form has to stretch further, and
A struggling family business may reduce the value of dividends payable and income received.

Achieving a clean break during market turmoil

It is well established that the family courts prefer to split marital assets equally and to achieve a clean break where possible. A clean break is preferable because it allows both parties to move on without making further financial claims against their ex-wife or husband.

Clean break orders often include provisions stating that:

The divorcing parties will sell the family home and split the net proceeds between them for a deposit if either decides to buy
Neither party will make periodical payments to the other, and
One party will retain a particular asset (e.g. a pension) while the other may keep a different asset (e.g. their shareholding in a business) to cover their ongoing living costs.

The judge will typically take into account the age of the parties, their financial needs, and their ability to generate income in the foreseeable future when trying to reach a clean break.

Unfortunately, a fall in the value of shares, property, pensions, or profitability of a family business can put the possibility of a clean break in jeopardy because the judge may conclude that there is not enough available, or they may award a much greater share the financially less well off party. They will not generally agree to a clean break order if they believe that doing so will be unfair and place one party at a financial disadvantage.

While it is not possible to fully reverse the impact of a dip in the economy, there are ways that divorcing parties can reach a fair financial settlement while maximising the value of their assets.

The importance of up-to-date expert valuations

We recommend seeking the support of an expert valuer/appraiser who can accurately assess the value of your assets and recommend a strategy to maximise the sale price. We have seen first-hand that asset valuations can vary wildly. One valuer may have a tendency to undervalue, while another has a more optimistic and positive approach or makes recommendations which can result in a much higher price being realised.

Once you have accurate valuations on your marital assets, it is important to keep these up to date. The family courts will want an accurate idea of the value of your home, business, shares, and pension when making a decision.

Another approach is to seek a ‘Mesher Order’.

What is ‘Mesher Order’?

A Mesher Order is commonly issued by the family courts following a divorce when it is not appropriate to sell a marital asset and split the proceeds, but there is an agreement to sell the asset in the future when certain triggering conditions are met (e.g. when the children reach the age of 18). Mesher Orders are particularly useful when the sale of a family home leads to financial hardship, such as during a market decline. The increased cost of living and falling share and house prices experienced in the UK in recent years have led to an increase in the number of divorcing couples applying for a Mesher Order.

Final words

A lull in the economy should not be the ultimate determining factor in whether to get divorced, but it is important to understand the implications for your settlement. If you are concerned that the ongoing levels of financial uncertainty in the UK may lead to an unfavourable divorce settlement, it is essential to seek legal advice from a family law Solicitor. Your Solicitor will listen to your circumstances and explain the legal options and orders available to reduce the impact of the financial downturn on your settlement.

For a free consultation regarding your divorce or any other aspect of your separation, please call our understanding and caring family law team on 0208 300 6666.

Spring 2024: Embracing New Beginnings After Divorce

Tue, 20 Feb 2024 14:23:57 GMT

With the warmer weather and longer days tantalisingly around the corner, many people will be looking to start new building projects, business ventures, jobs, and even relationships.

For those who have recently divorced, after such a long and wet winter, spring offers a wonderful opportunity for renewal, well-being, growth and happiness. In this article, we will look at how you can embrace the change that comes with divorce, including how you can rediscover yourself and your children, find new interests, spring-clean your life and focus on your physical and psychological well-being.

A time for self-care and healing

The process of divorce can often feel like a matter of survival, especially during the depths of winter. We tend to focus on what needs to be done and often ignore our own needs. If you have been in an unhappy marriage for many years, you may have lost a sense of who you are and what you want in life. Feeling increasingly tired, irritable, anxious, unmotivated, lacking self-esteem, and generally lacking any sense of positivity are all signs that it may be time to rediscover yourself. After all, the chances are you have not always been this way.

The longer days provide a wonderful opportunity to reconnect with ourselves and our loved ones. Self-care following divorce is of paramount importance as it allows us to reacquaint with ourselves and remember who we are. Even the smallest self-care measures can make all the difference – taking the time to walk the dogs each day, go for a swim, go to the gym, meditate, visit a new place, meet new people, or try a new hobby.

If you are still struggling to feel positive, consider speaking to a therapist or counsellor who can help you process your emotions and develop new and healthy coping strategies. Investing in your personal well-being at this stage will pay enormous dividends in the future as you put your divorce behind you.

Spring clean your life

Taking the time to spring clean your life can play a key part in making you feel reinvigorated and renewed following divorce. Spring cleaning is not just about cleaning your house, it is also about getting organised, sorting out your wardrobe, decluttering your environment, and creating new healthy and fun routines.

So much of how we live our lives and our immediate environment is tied to our relationships. For example, the clothes we wear remind us of people and places, so after divorce, it may be time to buy some new clothes, bedding, towels, and other household items that do not evoke unhappy memories.

Pastures new

It may be that your divorce has sparked a desire to make other important changes in your life. It is common for people going through divorce to change employers or even change careers completely by going back to university. If you gave up your career to support your ex-spouse, returning to the world of work or self-employment may give you the excitement and sense of focus you have been looking for.

It is also common to see people who get divorced decide to sell up and move to a new village, town, city, or even country. If you have always harboured dreams of moving to another country or changing your lifestyle, getting divorced may give you the impetus you need to do so. Moving away can be a great way to reinvent yourself, allowing you to start afresh, make new friends, and explore different places and cultures.

While it may not feel this way now, embrace this time with an open mind and recognise that this really is an exciting opportunity for personal reinvention and growth. Rediscover and reconnect with your own interests and passions. Engaging in activities that bring you joy can help rebuild a sense of self and independence. Surround yourself with supportive people, whether friends, family, or new acquaintances, who can encourage your journey toward a positive future.

Final words

By embracing the opportunity to create new beginnings after your divorce, you can move on with your life, create physical and emotional separation and avoid unnecessary conflicts with your ex-husband or wife. Whether you decide to move to another country, try further education, learn a new language, start a new career, return to work, or travel to new and unfamiliar places, you will be setting yourself and your children on a positive new trajectory.

Remember, after divorce, it is imperative that you prioritise your psychological and physical well-being and embrace the exciting opportunities that lie ahead. Moving on to pastures new in 2024 is not about erasing the memories of your marriage but rather creating a fulfilling and vibrant future for you and your children. Go for it!

For a free consultation regarding your divorce or any other aspect of your separation, please call our understanding and caring family law team on 0208 300 6666.

Trust vs. Will: Which One is Right for You?

Mon, 15 Jan 2024 12:20:01 GMT

If you are currently in the process of planning what will happen to your assets upon your death, you may be deciding whether you need both a Will and a Trust to protect your estate.

In practice, while it is widely accepted that everyone needs a Will, not everyone needs a Trust. In this article, we will take a closer look at the purpose of a Will and a Trust so that you can decide which will meet your own needs.

What is a Will?

A Will is a legal document that sets out how you want your assets (e.g. money, personal possessions, property, investments, and businesses) to be distributed following your death. Having a Will in place makes sure that your wishes are completely clear. Within your Will, you can describe in detail which beneficiaries should receive parts of your estate and the name of the Executor/s whom you trust to ensure that your wishes are followed.

If you do not have a Will, your estate will be distributed according to the ‘rules of intestacy’. The rules of intestacy define in set order who is entitled to a share of your estate, even if this is against your own personal wishes.

It is essential that your Will is drafted professionally to ensure that it is legally valid and also kept reviewed periodically to make sure it is up to date. It is not uncommon to encounter Wills that cannot be used or are challenged because they were poorly written, not witnessed correctly, or there is doubt regarding the capacity of the person who wrote it.

What is a Trust?

A Trust is a legal structure into which you can place assets such as property and money to ensure they are protected. With a Trust in place, you can hand down your assets after your death, but you retain more control over how those assets are managed and how they are used for the benefit of your beneficiaries. Trusts require three key parties: the settlor (you), the trustee (someone you appoint to manage the trust), and the beneficiary.

Do I need a Will and a Trust?

It is important for everyone to have a Will, regardless of how much money or assets they hold. Drafting a Will ensures that your wishes will be carried out and there will be no disagreement between family and friends regarding who should receive part of your estate. Wills can also set out wishes other than those relating to inheritance. Your Will, for example, may include your wishes for your funeral, including the type and location.

You may need a Trust in addition to a Will if you:

Want to protect assets from claims by a former spouse or by creditors, etc.
Minimise the impact of inheritance tax
Want to ensure that the assets are managed according to your preferences
Want greater privacy and confidentiality – remember, Wills and probate documents become are publicly available
Want to avoid delays caused by the probate process or
Have a complex family structure

If you have a relatively simple estate with minimal assets, it is likely that a Trust is not needed. On the other hand, if you have substantial assets (e.g. properties, money, businesses, pensions, and investments), a Trust may be appropriate.

Key considerations

When deciding whether to set up a trust, there are a number of additional considerations to bear in mind. In terms of cost, Wills are generally more affordable than trusts, making them available and accessible to more people. Trusts involve higher upfront costs due to their complexity but can provide significant long-term financial benefits by avoiding probate expenses and potentially reducing inheritance tax. For this reason, we recommend discussing your requirements with an estate planning Solicitor who will help you understand the financial implications of each option.

Another key consideration is flexibility. Wills are often seen as having greater levels of flexibility because they are easy to amend. If your circumstances change, you can simply change your Will or add a Codicil to reflect your new wishes. On the other hand, Trusts, particularly irrevocable Trusts, offer less flexibility, but this can be an advantage if you want to create a more secure, unalterable plan.

Wills involving estates typically go through probate, which can be time-consuming and expose your financial affairs to public scrutiny. Probate is not needed for trusts; however, it makes the transfer of assets to beneficiaries faster and more private.

Another key consideration is whether you have a complex family structure (e.g. a blended family with children from a former marriage). Trusts can be extremely beneficial in overcoming complex family dynamics and ensuring the well-being of loved ones with special needs.

Wrapping up

Whether you need a Will and a Trust ultimately depends on your unique circumstances and priorities. A Will without a Trust may be sufficient if you have a simple estate with limited assets. The creation of a Trust offers added benefits for individuals with larger estates, complex family dynamics, or specific wishes regarding asset management. By carefully considering your own financial situation, family structure, and long-term goals and seeking professional advice, you can make an informed decision about how you want your hard-earned estate to be handled in the event of your death.

For a free initial telephone consultation to discuss your Will or Trust, please speak to a member of our private client law team in complete confidence on 0208 300 6666.

Navigating Divorce Mediation in the UK: Tips for a Successful Outcome

Tue, 12 Dec 2023 12:54:14 GMT

There is no doubt that divorce or dissolution can be a deeply challenging and emotional process.

Using mediation, however, to reach an agreement on important matters such as child arrangements, property, and finances can take much of the heat out of the whole process, rather than relying on the courts to find a resolution. Divorce mediation involves a neutral third-party mediator with the skills and experience to help separating couples reach amicable agreements. Mediation is cost-effective and faster than applying to the courts, and it leads to results that preserve the relationship of the separated couple for the benefit of the children involved. Indeed, according to official figures , divorce mediation takes around 110 days compared to 435 days for cases involving the courts. In this article, we will look at how you can ensure a positive outcome by using mediation during the divorce process.

Tip 1: Choosing a mediator who you trust and feel comfortable with

Choosing the right mediator at the outset can make the process of achieving a successful divorce process so much easier. Don’t just choose the first mediator you speak to because you feel obligated to. We recommend taking the time to look for a qualified and experienced professional who understands family law in the UK and is accredited by a relevant mediation body such as the Family Mediation Council (FMC). And most importantly, you should feel comfortable with and trust your chosen mediator, as, ultimately, this is the individual who will guide you through the process of reaching agreements on some of the most important matters in your life and of your children.

Tip 2: Work together to find an amicable solution

Unlike going through the courts, mediation provides more of an opportunity to speak openly and work together with your ex-partner to reach a compromise. By approaching mediation with an open mind and a willingness to negotiate, you can achieve a resolution that is fair and satisfactory to both parties. Working together to find an amicable solution will undoubtedly mean compromising, but remember, this works both ways. If you are willing to give, your ex-partner may be more willing to do so in return.

Tip 3: Get clear on your goals and priorities

All too often, individuals go into mediation without an idea of what they want to realistically achieve. Even before you start mediation, write down your goals and priorities. Realistically, what do you want out of the process? By having a clear understanding of what matters most to you, i.e. are you looking for specific child arrangements or to keep hold of certain marital assets such as your home? Taking the time to do this at the outset will make it more likely that the resolution you reach aligns with your main needs and goals.

Tip 4: Communicate Effectively

Effective communication is key during divorce mediation, both when speaking and listening. As much as you can, express your thoughts, feelings, and concerns during the sessions in a manner that is clear and concise. In turn, truly listen to your ex-spouse’s perspective. Also, be respectful and avoid confrontational language during the mediation process. It is all too easy to lose patience with the process, but do try to speak and listen in the way that you would like to be spoken to and heard yourself.

Tip 5: Engage a family law Solicitor

It is important to understand your legal position while going through mediation. This may even change your goals and priorities and how you negotiate. Ultimately, understanding your rights and legal options will empower you to make informed decisions. In addition, your chosen family law Solicitor can review any proposed agreements reached during mediation and ensure that they are legally binding and enforceable.

Tip 6: Get Organised

Once you have chosen your mediator and you have a clear idea of your goals for the process, it is essential that you take the time to prepare for the sessions. By arriving at mediation prepared and organised, you are more likely to feel confident and able to discuss matters in a constructive way. Place any relevant documents, such as your financial records (e.g. bank statements, mortgage statements) or other correspondence, in a folder in a logically ordered manner. This will make it easy for you to find any documents that you need and make the process less stressful and smoother.

Tip 7: Be future focused

During the process of divorce, it is all too easy to focus on the past and not the future. It is essential to focus on your future and the well-being of all parties involved, especially if you have children. Keep in mind that mediation is an opportunity to build a new, strong foundation for a positive post-divorce relationship with your ex-spouse.

Final words

During the divorce process, mediation is an excellent way to achieve a lasting and fair resolution to some of the important matters in your life: your children, your home, and your finances. Divorce and dissolution are difficult even without contentious disputes and going through the courts to reach a resolution. As we discussed in this article, mediation works best by taking the time to choose the right mediator, setting clear goals, seeking legal advice, and maintaining a positive focus on the future. By approaching divorce mediation with an open mind and commitment to cooperation, you and your ex-partner will be able to reach an amicable and cost-effective resolution that lays the groundwork for the next chapter of your lives.

For a free consultation to discuss your divorce please call our family law team on 0208 300 6666.

The Importance of Updating Your Will Regularly

Tue, 21 Nov 2023 13:15:10 GMT

The nation's Will statistics are not reassuring. According to recent research by Canada Life, half of all adults and around one-third of those over 55 in the UK do not have a Will.

T his means that tens of millions of people will have no say over where their estate will go when they die. The truth is that this is only half of the problem. Research also shows that around half of the Wills that have been drawn up are out of date. In this article, we will discuss why it is so important to update your Will every five years or after a key life event.

When does a Will become out of date?

Wills do not have an ‘expiry date’ per se, but they become out of date if they no longer reflect the needs and wishes of the person who made the Will (the testator). Wills should ideally be updated at least every five years to reflect changes in circumstances. Much can happen in a five-year period, including:

Changes in relationships (e.g. cohabitation, marriage or divorce)
Purchase of new property / moving home
Birth of children
Deaths
Creation of new businesses
Receipt of inheritances, and
New assets and investments

Any of these may warrant a change to a Will to ensure that it is accurate. Wills should also be updated if a testator changes their mind regarding how their estate should be handled when they die. For example, they may decide to give a larger share of their estate, the family business, or a particular asset (e.g. a car) to a family member.

A Will may also be out of date if an executor named in the document has died or the testator no longer wants them in this role. In this case, the testator may want to add a new executor or remove one if two or more were named originally.

If a testator has left some of their estate to their children in the form of a trust fund, a testator may also want to increase the age at which they will receive their inheritance. This would require a change to their Will to ensure this is carried out correctly.

Even if there have been no major life changes or new inheritance decisions, it still makes strong sense to sit down with a Solicitor every few years to review your Will to ensure it is still valid and correct. From our own experience, we have observed on many occasions testators who believed they understood the contents of a Will written many years previous, when, in fact, their recollection was completely inaccurate.

The danger here is that they had been telling family and friends that they would receive an inheritance when this was not the case. This can lead to significant family disputes after death; something that no person would ever want to leave as a legacy.

What happens if a Will is out of date?

There are several potential implications of an out-of-date Will. The obvious impact is that if your Will does not reflect your wishes when you die, your estate will not be distributed how you want. This may mean that a family member or friend whom you wanted to inherit part of your estate does not receive any inheritance at all. Not only may this result in a loved one not receiving an inheritance, but it may lead to familial dispute, resentment, and ill-feeling.

Out of date, Wills may also be contested by those who were told they would receive an inheritance if this is not reflected in the Will. Even if there is no valid ground for contesting the Will, attempts to do so can significantly slow down the process of executing the Will and the distribution of the estate.

Another risk is that more money may be paid to HMRC in the form of inheritance tax (IHT) than you envisaged because of how the Will was written and how your estate has been divided. For example, if you received a large inheritance that makes the value of your estate exceed the IHT threshold, IHT may be charged at 40%. The net result is that a larger chunk of your estate may be lost to IHT and not distributed to your loved ones. A Solicitor who specialises in Wills can advise on how your Will can be amended so that more of your estate goes to your family and friends and not the ‘tax man’.

Final words

Changing your Will is not a difficult, lengthy, or costly process. In many cases, a minor change may be made in the form of a codicil which is attached to the original Will. This means that the original Will does not need to be completely rewritten. Codicils are typically used when changing executors, adding or removing beneficiaries, and adding new gifts. If a large change or several changes are needed, this may warrant a re-drafting of a Will.

Ultimately, think of having your Will reviewed periodically and changed if necessary, rather like having your car maintained periodically. It will ensure that your Will is exactly as it should be and that your family members receive part of your estate according to your wishes when you die.

For a free initial consultation (England/Wales), to discuss your Will please call our private client law team on 0208 300 6666.

Common Mistakes to Avoid During Divorce Proceedings in the UK

Mon, 23 Oct 2023 08:31:42 GMT

Anyone who has ever experienced divorce first-hand will tell you that it is an emotionally charged process that can have a lasting impact on your life and the lives of your children.

Thankfully, the no-fault divorc e law that was introduced in April 2022 removed the need for one person to blame the other for the breakdown of the relationship and, hence, one of the main reasons for disputes between separating parties. Despite the fact that divorce in England and Wales is now less acrimonious, there are still a number of common mistakes that divorcing couples make, which can later cause familial and financial problems. In this article, we will discuss some of the most common mistakes to avoid during divorce proceedings.

1) Not Seeking Legal Advice Early

One of the most common mistakes that we see divorcing parties make is not consulting a family law Solicitor early in the process. While it may be tempting to ‘go it alone’, a family law solicitor will provide you with valuable support and guidance and make sure that you fully understand your rights and those of your children. They will also ensure that you reach an agreement on child arrangements and a financial settlement that meets your needs and those of your children.

2) Letting emotions overrule reason

Divorce is one of the most emotionally charged events we will ever experience. Unfortunately, this emotion can sometimes make it difficult to be objective, causing us to make poor decisions. Allowing negative emotions such as anger, resentment, or revenge to guide your decisions can lead to irrational choices that may harm your interests and those of your children. This is why it is so important to seek professional help, such as counselling, if you need it. Doing so will help you deal with the emotional aspect of divorce and allow you to retain your objectivity throughout the process.

3) Not fully disclosing assets

During the process of seeking a financial settlement, the courts in England and Wales require full financial disclosure from both parties. Any attempt to hide assets can result in the judge giving a more favourable settlement to the party that has been honest and transparent. Hiding assets can also have serious legal consequences, including fines or even imprisonment. For these reasons, always be completely transparent about your financial position when reaching a financial settlement following divorce.

4) Not using Alternative Dispute Resolution

Alternative Dispute Resolution (ADR) is any method of resolving disputes amicably and outside of the court system. Mediation is perhaps the most popular and cost-effective of all ADR methods and can be highly effective in helping divorcing couples reach an agreement on a wide range of matters, including finances and child arrangements. Most importantly, non-adversarial dispute resolution methods such as mediation preserve the ongoing relationship between the divorcing couple, which is important for any children from the marriage. Mediation is also cheaper, faster, and less stressful than asking the courts to resolve a dispute.

5) Ignoring the needs of children

If you have children, it is essential that you place their needs and well-being front and centre. As soon as possible, it is important to discuss child arrangements and financial support with your ex-partner, focusing on the best interests of the children. Failing to do so can lead to legal disputes down the road, harm the emotional health of your children, and leave you without enough money to support them.

6) Not Prioritising Your Financial Future

Divorce can have a profound impact on financial stability. This is why it is important to consider your financial needs and future requirements, and those of your children, as soon as possible. Failure to consider your financial needs can result in significant hardships post-divorce. Consider your long-term financial goals and work with your Solicitor to ensure a fair financial settlement.

7) Being pressured and intimidated into an unfair settlement

Pressure, intimidation, or a desire to speed up the divorce process can cause divorcing couples to agree to unfair settlements. Do not agree to any financial settlement that you either do not understand or do not agree with. It is important to thoroughly review any proposed settlements and consult with your family law solicitor to ensure that your current and future needs, and those of your children, are provided for.

8) Underestimating how much time divorce can take

Divorcing parties often underestimate how much time divorce can take. Depending on the circumstances, the reality is that divorce proceedings can be lengthy and complicated (the new no-fault divorce process takes a minimum of 6 - 7 months). Assuming a quick resolution to your divorce can lead to hasty decisions and, ultimately, an unfair financial settlement and child arrangements.

9) Using Social Media

Posting sensitive or inappropriate information on social media during your divorce may be harmful to your financial settlement or child arrangements case. Be cautious about what you share online, as it may be used against you in court.

Final words

To avoid some of the common divorce mistakes discussed in this article, it is essential to seek legal advice early, remain objective, prioritise the well-being of your children, and make informed decisions regarding your current and long-term financial needs. By being mindful of these potential mistakes, you can work towards a positive outcome for you and your children that allows you to move forward with your life.

For a free consultation to discuss your divorce or dissolution, including any child or financial arrangements, please call our understanding and caring family law team on 0208 300 6666 .

How To Avoid Divorce Due To The Cost Of Living Crisis

Wed, 04 Oct 2023 13:10:51 GMT

Just when we thought the tough times were over (the pandemic and all that), in late 2021, the cost of living crisis hit, and hit many families hard.

The Big Issue newspaper defines a cost-of-living crisis as "a scenario in which the cost of everyday essentials like energy and food is rising much faster than average incomes." Money worries can create huge pressures on relationships; therefore, it is crucial to know how to navigate tough economic times as a couple. Whilst we are far from marriage counsellors, our experience as Divorce Law Solicitors has provided insight into behaviours that can tear marriages apart and those that can help couples stay together during a cost of living crisis.

How does a cost of living crisis impact relationships?

Primarily, money is an essential part of daily life, and managing it can be a significant source of stress for couples. Disagreements about how money should be spent, saved, or invested can lead to intense arguments and resentment. Couples may find themselves at odds over fundamental financial decisions, such as budgeting, major purchases, or debt management. These conflicts can escalate quickly, creating an atmosphere of tension and hostility.

Furthermore, differing financial priorities and values can exacerbate money-related problems in a marriage. In most marriages, one spouse is usually a spender and the other a saver. These contrasting attitudes towards money can lead to rows and couples believing they are incompatible.

Another significant issue that arises from marital money issues is the lack of financial transparency. In some cases, one spouse may hide financial information, debts, or spending habits from the other, eroding trust in the relationship. The discovery of hidden debts or financial secrets can be devastating and may result in feelings of betrayal and deceit. This breach of trust can create irreparable damage to the marriage, making divorce seem like the only viable option.

In addition to trust issues, financial problems can also affect communication within a marriage. Couples who struggle with money often find it challenging to have open and productive discussions about their financial situation. Instead of addressing the issues as a team, they avoid talking about the matter altogether and gradually drift apart.

Finally, the consequences of money problems can extend beyond the couple themselves. Financial instability can affect the entire family, including children, who may experience a lower quality of life due to financial constraints. Arguments about money in front of children can also have a lasting impact on their emotional well-being and may contribute to a sense of instability and insecurity.

How can couples prevent the cost of living crisis resulting in divorce?

Avoiding divorcing over money issues and the cost of living crisis can be difficult, especially if your marriage was rocky before prices began to rise. But with commitment and hard work, you can both emerge from this period (which thankfully seems to be coming to an end) , stronger than ever.

Below are some top tips on surviving the cost of living crisis from our Divorce Law Solicitors:

Talk, talk, and talk some more. Be open and honest about money. Discuss your financial goals, concerns, and expectations regularly. If you are both exhausted in the evening, try having a ‘family finance meeting’ in the weekend, ideally away from the home, for example in a café. It does not have to last long; what matters is both of you have an opportunity to examine the household budget and discuss any concerns.

Work together to set common financial goals. Whether it is saving for a home, retirement, school fees, or a holiday, having shared objectives can strengthen your financial partnership.

Create a household budget that outlines income, expenses, and savings goals. Review and update the budget regularly to ensure you are on track. Make decisions about spending and saving as a team. For instance, you may decide that neither one of you can purchase anything over £100 without consulting the other spouse.

Be transparent about your personal financial situations and do not indulge in secrecy, especially concerning debts.

It may take time, but creating an emergency fund to cover unexpected expenses can significantly reduce stress and prevent conflicts when unexpected bills arise.

Clarify each other’s financial responsibilities. For example, establish who is responsible for paying bills, keeping track of incomings and outgoings, and future big-ticket purchases such as a new fridge or car.

Develop a strategy for managing and paying off any existing debts. Prioritise high-interest debts and work together to reduce and eliminate them.

Create a plan for saving and investing for the future. Diversify your investments and seek professional advice if needed.

In some cases, drawing up a Postnuptial Agreement can help clarify financial expectations and protect individual assets. Do not be afraid to explore this as an option.

Final words

The cost of living crisis has the potential to wreak havoc on a marriage, leading to trust issues, communication breakdowns, emotional distress, and ultimately, divorce. The impact of financial stress on a relationship should not be underestimated, as it can touch every aspect of a couple's life, from their day-to-day interactions to their long-term plans for the future. However, open communication, being ‘on the same page’ when it comes to financial goals and spending, and working together as a team can result in your marriage becoming stronger.

For a free consultation to discuss your divorce or dissolution, including any child or financial arrangements, please call our understanding and caring family law team on 0208 300 6666.

Understanding Inheritance Tax in England and Wales

Mon, 11 Sep 2023 11:55:09 GMT

Inheritance tax is a subject that stirs both controversy and confusion in England and Wales, just as it does in many other countries around the world. It is a fiscal policy that impacts people and families on a deeply personal level and has fuelled debates among economists, policymakers, and the public alike .

Historical roots and purpose

The concept of taxing inherited wealth has ancient origins, dating back to civilizations such as ancient Egypt and Rome. These societies imposed levies on property transfers, aiming to maintain social and economic stability. The idea that extreme wealth concentration could destabilise societies persists to this day.

In England, the roots of modern inheritance tax can be traced back to the late 17th century when a series of legacy and succession duties were introduced. These duties aimed to raise funds for the government during times of war and were later consolidated into a single inheritance tax in the 19th century. The inheritance tax system, as we know it today, is governed by the Inheritance Tax Act 1984

What are the basics of inheritance tax?

Inheritance tax is levied on the estate of a deceased person when their assets are transferred to beneficiaries. The tax applies to the total value of the estate, including property, money, investments, and possessions. However, there are several important exemptions and allowances in place to ensure that inheritance tax does not place an undue burden on modest estates.

The standard inheritance tax rate in England and Wales is 40%. This rate is applied to the portion of the estate that exceeds the tax-free threshold, known as the "nil-rate band." The nil-rate band is the amount that can be inherited tax-free, and it is subject to change over time. Currently the nil-rate band is £325,000.

If one spouse or civil partner dies and does not use their entire nil rate band (because their estate is below the threshold or they left their assets to their spouse or civil partner), the unused portion can be transferred to the surviving spouse or civil partner.

The deceased’s executor or administrator is responsible for valuing the estate, calculating the tax liability, and making the necessary arrangements for payment.

What is the residence nil-rate band?

The Residence Nil Rate Band (RNRB) was introduced to help people pass on their family home to their direct descendants, such as children or grandchildren, without incurring inheritance tax.

To qualify for the RNRB, the following conditions must be met:

The property must have been the primary residence of the deceased.
The property must be left to one or more direct descendants, such as children or grandchildren, either through the deceased’s Will or the Rules of Intestacy.

The RNRB tapers away by £1 for every £2 where the estate exceeds £2 million.

Currently, the RNRB is £175,000. Like inheritance tax, it can be transferred to the surviving spouse or civil partner.

If a married couple can transfer their entire inheritance tax nil-rate band and residence nil-rate band, the surviving spouse will have a tax-free allowance of £1 million.

How can I plan to minimise inheritance tax?

You can structure your estate to minimise your inheritance tax obligations. Aside from taking advantage of the nil-rate bands the following can assist with reducing any inheritance tax owed:

Gifting - Gifts made more than seven years before your death are generally exempt from inheritance tax. However, if you die within seven years of making a gift, the value of the gift may be subject to inheritance tax on a sliding scale. You can also gift £3,000 tax-free every year and make a gift up to the value of £5,000 for your child upon their marriage.

Trusts - Establishing a trust can be a useful way to pass on assets while reducing the potential inheritance tax liability. However, there are significant costs associated with creating and maintaining a trust, such as capital gains tax when transferring assets in and out of a trust and income tax on any income earned from the trust’s capital.

Business and Agricultural Relief -If you own a business or agricultural property, you may be eligible for business relief or agricultural relief, which can reduce the taxable value of these assets.

Life Insurance Policies -you can transfer your life insurance policy into a trust which ensures the policy’s proceeds remain outside of your estate for inheritance tax purposes.

Regularly review your Will - ensure that your Will accurately reflects your wishes and takes advantage of available exemptions and reliefs.

Final words

Inheritance tax is a complex and often controversial topic. Its historical roots trace back centuries. While it has faced criticism and calls for reform, at present, you need to engage in proactive estate planning to minimise the inheritance tax that may apply to your estate. An experienced Wills and Trusts Solicitor can advise you on the best steps to take and draft any required documentation.

For a free consultation on creating a Will and/or estate planning , please call our understanding and caring family law team on 0208 300 6666.

Three Common Mistakes to Avoid When Getting Divorced

Thu, 10 Aug 2023 09:29:35 GMT

No one ever expects their marriage to end in divorce. Therefore, hardly anyone is prepared for what the process entails and how swiftly disputes can flare up. Emotions including anger, shame, hurt, and bitterness can engulf parties to the point where they make bad decisions that negatively affect their lives and the lives of their children for years to come.

To help you avoid such a painful scenario, we have set out three common mistakes you should avoid when getting divorced.

One – Not seeking best in class legal advice

Although the family law system in England and Wales encourages couples to work out arrangements for their children and the financial settlement for themselves, it is crucial to do so whilst receiving the advice of an experienced Family Law Solicitor . They will examine your situation dispassionately, listen to what you need to be as financially secure as possible, and advise you on the best steps to take.

Legal advice is especially important if your spouse is controlling or displays narcissistic traits. Having an experienced Divorce Law Solicitor on your side who is not intimidated by such behaviour will ensure you and your children’s best interests are protected and any attempts to delay proceedings or play games are swiftly quashed.

It is also important to politely ignore advice from family and friends. Although they can provide invaluable support during this challenging time, the advice they give could well be inaccurate. This will simply add more confusion and angst to the situation.

Two – Not getting a financial order

Failure to get a financial order is one of the costliest mistakes you can make. Although you may have negotiated a financial settlement, without a financial order made by the Court, your ex-spouse could make a claim against you at any time.

If you apply to the Court for a financial order, a Family Court Judge will examine the agreement and apply the factors under section 25 of the Matrimonial Causes Act 1973 to ensure it is fair. The section 25 factors are:

the income, earning capacity, property, and other financial resources each party has access to now and in the near future
the financial needs, obligations, and responsibilities of each of the parties now and in the near future
the standard of living enjoyed by the family before the breakdown of the marriage
the age of each party to the marriage and the duration of the marriage
any physical or mental disability of either of the parties to the marriage
the contributions that each of the parties has made or is likely in the near future concerning caring for any children of the marriage
the conduct of each of the parties, if that conduct is such that it would, in the opinion of the court, be inequitable to disregard it
the value of any benefit one party will fail to acquire due to the divorce

Once a financial order has been made, you and your ex-spouse can relax in the knowledge that neither of you can make a future financial claim. It is exceptionally rare for the Courts to re-open a financial order. Having one in place provides clarity and certainty for everyone involved.

Three – weaponising your children

When you are hurt and angry it is natural to want to make your partner suffer. One way to do this is to turn your children against your spouse or frustrate their ability to spend time with their children.

Solid research illustrates that divorce can negatively affect children’s mental health, behaviour, and academic attainment. How the parents manage the divorce process can make an enormous difference on the impact parental separation. It is imperative not to alienate your children from the other parent or attempt to block contact.

Your Family Law Solicitor can assist you with negotiating child arrangements that will work for the whole family. Once you and your spouse have agreed on matters such as who the children will live with most of the time and when the non-residential parent will have contact, an application for a Child Arrangement Order can be made to formalise the agreement.

Wrapping up

Getting divorced is one of life’s most stressful events. This is especially so if the separation involves children, family businesses, complex financial arrangements, overseas property, and where both parties cannot agree. With an experienced and empathic Family Law Solicitor on your side, you can relax in the knowledge that everything will be done to protect your interests and those of your children.

For a free consultation to discuss your divorce or dissolution, including any child or financial arrangements, please call our understanding and caring family law team on 0208 300 6666.

Why You Need a Will: Protecting Your Family's Future

Fri, 23 Jun 2023 12:01:21 GMT

Comprehensive estate planning is crucial for those wanting to protect their families and assets after they die. At the heart of any estate plan lies a legally valid and up-to-date Will. A Will serves as an essential tool to ensure that your intentions are honoured, your loved ones are provided for, and your assets are distributed according to your wishes.

What is a Will?

A Will is a legal document that allows a person (referred to as the ‘Testator’) to set out how they want their assets and possessions to be distributed after their death. Under their Will, the Testator can appoint an Executor to manage the estate and carry out the instructions outlined in the document.

How does a Will protect the Testator’s family?

Having a professionally drafted Will allows you to:

Clearly distribute your assets to whom you wish - one of the primary reasons for having a Will is to specify who should get your property and assets after you die. Without a Will, your estate will be subject to the laws of intestacy (see below), which may not align with your wishes. A valid Will allows you to provide for your spouse, children, and other loved ones, minimising the potential for disputes and conflicts among family members.

Provide for guardianship for young children - a Will is essential for appointing a guardian to care of minor children in the event of both parents dying at the same time. If no guardianship provision exists, the Court may decide who should look after your children based on their interpretation of their best interests, which may not align with your wishes. By naming a guardian in your Will, you retain control over this fundamental decision, ensuring that your children are entrusted to someone you deem suitable to raise them.

Minimise inheritance tax (IHT) – an experienced Solicitor can advise you on how to minimise IHT and death-related expenses, ensuring that more of your assets go to your family rather than being depleted by administrative costs and tax obligations. Through strategic estate planning techniques, such as creating trusts, establishing charitable gifts, or taking advantage of tax exemptions, you can potentially reduce the tax burden on your estate, leaving more resources for your loved ones.

Avert family disputes – rows over inheritance can be emotionally and financially devastating. A Will provides clarity and reduces the likelihood of conflicts among family members. By outlining your wishes explicitly, you leave little room for ambiguity or misinterpretation.

Provide for unmarried partners - under English law, unmarried partners do not have automatic inheritance rights. Without a Will, your partner may not receive any part of your estate upon your death, potentially leaving them financially vulnerable. Creating a Will allows you to protect your unmarried partner's interests by specifying how you want your assets to be distributed. This ensures that your partner is provided for, recognising their contributions to your life and relationship.

If I do not have a Will, how do the rules of intestacy apply?

In England and Wales, the rules of intestacy determine how a person’s estate is distributed if they die without a valid Will. The order in which an estate is distributed is as follows:

Spouse or Civil Partner - if the deceased had a surviving spouse or civil partner but no children, the entire estate passes to the spouse or civil partner. If the deceased had a surviving spouse or civil partner and children, the spouse or civil partner receives a statutory legacy (currently £270,000) and all the personal possessions. The remaining estate is divided equally between the spouse or civil partner and the children.

Children - if the deceased had children but no surviving spouse or civil partner, the estate is divided equally among the children. If a child has already died, their share is divided among their own children (the deceased's grandchildren).

Parents - if there is no surviving spouse or civil partner or children, the estate is divided equally between the deceased's parents or the surviving parent.

Siblings - If there are no surviving spouse or civil partner, children, or parents, the estate is divided equally between the deceased's siblings. If a sibling has already died, their share is divided among their own children (the deceased's nieces and nephews).

Grandparents - if there are no surviving spouse or civil partner, children, parents, or siblings, the estate is divided equally between the deceased's maternal and paternal grandparents.

Aunts, Uncles, and Cousins - if there are no surviving spouse or civil partner, children, parents, siblings, or grandparents, the estate is divided among the deceased's aunts and uncles. If they have already died, their share is divided among their own children (the deceased's cousins).

If no relatives can be found, the estate passes to the Crown.

It is important to note that the intestacy rules may not reflect your wishes, and they may not adequately provide for unmarried partners, stepchildren, close friends, or favourite charities. To ensure your assets are distributed according to your specific desires, you must have a valid Will.

Concluding comments

Having a valid Will is crucial for protecting your family's interests. By creating a Will, you can ensure a clear distribution of assets, appoint guardians for your minor children, minimise estate taxes and expenses, avoid family disputes, and safeguard the financial well-being of your unmarried partner. Failing to have a Will can lead to unintended consequences, leaving your loved ones without the support you would have wanted to provide. Taking the time to create a Will allows you to have peace of mind, knowing that your wishes will be respected and your family protected.

For a free consultation on creating a Will and/or estate planning, please call our understanding and caring family law team on 0208 300 6666.

The Importance of Hiring a Family Law Solicitor for Divorce Proceedings

Tue, 23 May 2023 11:13:20 GMT

Regardless of the circumstances of your separation, going through a divorce or dissolution can be an unsettling and upsetting time. Without knowledge of the legal process and rights associated with divorce, many people feel uncertain about their future and that of their children.

They may have many questions regarding what will happen with the family house, living arrangements, finances, children’s schooling, contact arrangements, and familial assets. And, of course, from an emotional perspective, divorce and dissolution can be deeply traumatic. Family law Solicitors are trained and experienced in all aspects of divorce and dissolution and will guide you through the process from outset to completion. They help to guide their clients through the maze of divorce to ensure the best possible outcome. But why specifically is it important to hire a family law Solicitor in divorce or dissolution proceedings?

Resolve disputes amicably outside of the court

Family law Solicitors understand the considerable benefits of achieving an amicable outcome in divorce proceedings outside of the court system. Divorce-related court cases tend to be highly contentious, stressful, time-consuming, and expensive. They can also negatively impact the ongoing relationship between separating couples which can be devastating for any children involved.

This is why many family law Solicitors use non-contentious dispute resolution approaches such as collaborative law, negotiation, mediation and arbitration. Such methods have considerable benefits, including:

· Reducing and managing conflict and confrontation

· Supporting and encouraging families to put the best interests of any children first, and

· Acting with honesty, integrity and objectivity

This type of non-contentious approach can be used even in the most complex and difficult of matters and typically has a much better outcome compared to relying on the courts. Not only are relationships more likely to be preserved, but any agreements reached are also more likely to be adhered to in the long term.

Negotiation

Family law Solicitors will work to ensure you achieve the best possible outcome for you and your children. Whether negotiating a financial settlement, child arrangements, or division of matrimonial assets, family Solicitors have the training and expertise to negotiate in a manner that affords greater control, reduces stress, and saves money and time. Solicitor-led negotiation can be used without the need for court intervention or alongside court proceedings.

Allaying your concerns

Often clients who are at the start of divorce or dissolution proceedings simply need to voice their concerns and have each addressed in turn. They may be deeply worried about losing access to their children, money, or their property. It may also be that they are concerned that their partner will not negotiate in good faith or provide full financial disclosure. And those who are at risk of domestic violence may worry about becoming homeless.

Family law Solicitors are well-versed in explaining the process of divorce and allaying the concerns of their clients. Your family law Solicitor will:

listen to you
explain the ways forward
explain your rights, your ex-partner’s rights, and those of your children
help you understand your ex-partner’s rights
provide advice regarding your family, home and financial security

Simply understanding the order of proceedings, how non-contentious dispute resolution can be beneficial, and the factors that judges take into account in court proceedings can offer considerable peace of mind.

Child arrangements

Family law Solicitors prioritise the safety and needs of children in divorce and dissolution proceedings. They will ensure that arrangements are put in place as soon as possible for where your children will live, how they will be financially provided for, and ongoing contact arrangements. In addition, they will help to reach an agreement on other child-related matters, such as where they will spend time during school holidays and who will pay for private school fees.

Handle the process on your behalf

By engaging a family law Solicitor to handle your divorce or dissolution, you can relax in the knowledge that the process will be completed on your behalf. They will complete your divorce application and financial disclosure form (Form E), ensuring that all of the necessary details are provided. This avoids the potential for the rejection of forms by the court because they have not been completed correctly. They will also negotiate with your ex-partner and their legal representative, so you don’t have to.

If your ex-partner is not forthcoming with any information (e.g. financial disclosure), your Solicitor will take the necessary action to ensure that they are compelled to comply with the court. If your ex-partner attempts to hide financial or other assets, your Solicitor will have the resources necessary to ensure these are traced and identified.

Final words

Engaging the services of a family law Solicitor to handle a divorce is not compulsory, but doing so confers many benefits. This is especially so if the separation involves children, family businesses, complex financial arrangements, overseas property, and where both parties cannot agree. With an experienced and empathic family law Solicitor on your side, you can relax in the knowledge that everything will be done to protect your interests and those of your children.

For a free consultation to discuss your divorce or dissolution, including any child or financial arrangements, please call our understanding and caring family law team on 0208 300 6666.

Digital Assets and Your Estate Plan: What Happens to Your Online Accounts After You Pass Away?

Tue, 25 Apr 2023 10:39:48 GMT

When drafting Wills for clients, it is interesting to note how few have fully considered their digital assets and what will happen to them when they pass away.

This is somewhat concerning considering the vast value of assets in the virtual world. The existence of digital assets of all types is growing significantly each year. According to asset management firm Franklin Templeton , digital assets are expected to continue growing because more businesses are adopting new technology, new regulations offer protection to consumers, and more investors are deepening their understanding of this sector.

From a technology perspective, blockchain is fast becoming a key enabler of wealth creation through digital assets as it ensures transactional speed, security, and trust. It is now expected that the digital assets segment will reach a value of US$2,737m in 2023 in the UK alone, and this will rise to US$5,974m by 2027, representing an annual growth rate of 21.55%. In this article, we will explain how you can protect your digital assets for the benefit of your loved ones after you pass away.

What exactly is a digital asset?

Digital assets are possessions owned by an individual that are accessed through a digital device, e.g. computer, mobile phone, tablet, or television. Digital assets may include (this list is by no means exhaustive):

· Animations

· Computer programmes

· Content / blogs

· Cryptocurrency and other virtual currency.

· Documents

· E-Books

· E-books.

· Emails and email accounts

· Gaming accounts, avatars, worlds and lands.

· Illustrations

· Logos

· Manuscripts

· Metadata

· Music

· Online gaming

· PayPal and other online money accounts

· Photos

· Social media accounts, including statuses and tweets

· Social media

· Videos

· Websites/domains

· What is a digital asset?

Another rapidly growing digital asset class is non-fungible tokens (NFTs). NFTs are units of data stored on a blockchain digital ledger which certify ownership of a unique digital asset. Unlike other asset classes, such as money, NFTs cannot be replaced with something else. NFTs are sold online and are used to verify the ownership of digital works such as art, collectables, music, sports collectables, trading cards, and even memes.

Should I include my digital assets in my Will?

Yes, if you wish to make the existence of your digital assets known to your Executor following your death and to ensure they are handled according to your wishes, it is important to include them in your Will. Any digital assets you include will be handled in the same manner as your tangible assets as part of your residuary estate. For example, if you have an online photo library held in the cloud, you can define who can access them and how. Other reasons to specifically include your digital assets in your Will include:

Your digital assets may contain items of considerable monetary or sentimental value.
Your Executors will be able to locate and access your digital accounts to retrieve anything needed
You can decide who will receive your digital assets
Digital assets required for your business can be handed to a partner or shareholder to be used for the benefit of

the business

Key considerations when leaving digital assets in a Will

When drafting and executing your Will, it is important to understand who owns your digital assets. Even if you think you own a particular digital asset, it may be that you only have the right or licence to use a service, neither of which you can pass on in your inheritance. The terms of conditions of each service will tell you who owns the content. Apple, for example, allows account holders to designate a ‘Legacy Contact’ who has the legal permission to access their Apple account ID and personal information following death. Unfortunately, they also have a policy that when an account holder dies, the information on their account is automatically deleted, and they take over ownership of the account. As such, if you do not provide details of your Apple account or nominate a ‘Legacy Contact’, your Executor may then be forced to ask the County Court to make a Part 8 application requiring Apple to provide access.

Another consideration is how to pass on the login details of accounts. The problem with writing down your login name and password and providing these with your Will is that a) these may change and b) this may breach the terms and conditions of your internet service provider (ISP). Attempting to access an account without the necessary authority may be an offence under section 1 of the Computer Misuse Act 1990 (CMA 1990). The CMA 1990 states that it is a criminal offence to enable access to be secured to programmes or data stored on a computer where that access is unauthorised. A specialist in private client law can explain how best to ensure that your Executor has all of the account login names and passwords they will need to access your accounts in a legal and secure manner.

Final words

Nearly everyone has digital assets in one form or another. If you want to pass your digital assets to a loved one, you will need to provide all of the necessary details for each item within your Will to enable your Executor to carry out your wishes. This process requires a knowledge of the digital assets you own (and can therefore pass down in your inheritance), how to access your digital assets, and how to transfer your digital assets to your beneficiaries.

For a free consultation to discuss how best to include your digital assets in your Will or how to handle digital assets as an Executor, please call our understanding and caring family law team on 0208 300 6666.

Child Custody Battles: What You Need to Know

Mon, 27 Mar 2023 11:41:58 GMT

Child custody battles can be deeply distressing for both parents and children alike. If you are unable to reach an agreement with your ex-partner regarding the custody arrangements for your child/ren, it is important to seek professional legal advice.

A family law professional will listen to the details of your case and explain how to obtain custody and your chances of being awarded custody by a family court. In this article, we will explain how you can resolve even the most acrimonious custody battle in the best interests of you and your child.

Consider ADR as a way of reaching a resolution

Even the most difficult child custody battle can be resolved outside of the court system using alternative dispute resolution (ADR). ADR includes methods such as:

Negotiation – whereby Solicitors representing each party seek to reach an agreement
Mediation – involves the use of a neutral third-party mediator who helps parties to reach a negotiated settlement of their dispute. Using this method, parties retain control of the decision and any terms
Collaborative law – involves the use of specially trained family law practitioners who act for each party to resolve family law disputes through four-way meetings
Arbitration - A non-court alternative method of resolving disputes whereby an independent and impartial arbitrator is appointed by the parties to reach a binding decision. Decisions made using this method are extremely robust, and there are very limited grounds for bringing a challenge.

ADR is not only less costly and faster than taking a custody battle through the court system, but it is also highly effective. According to statistics published by the government, around 70% of cases involving mediation services will resolve their issues outside of a courtroom. It is also important to bear in mind that ADR is extremely beneficial when it comes to preserving relationships between parties for the sake of the children concerned.

This is because ADR methods are designed to be respectful and non-contentious.

Another reason to seek a resolution as early as possible through ADR is that the courts will not normally consider a family dispute until an out-of-court dispute resolution method has been considered by both parties. You and your ex-partner will be expected to have attended a Mediation Information Assessment Meeting (MIAM) before making an application to the court for a Child Arrangements Order. A MIAM is a meeting attended by both parties with a trained mediator who will explain how mediation can assist in such disputes. In some cases, the mediator may recommend that mediation is not appropriate – for example, where there has been domestic abuse or child abuse within the family.

What is a child arrangement order?

If you are unable to reach an agreement with your ex-partner regarding the custody of your child, you will need to apply for a CAO. This means that the court will make a decision on the custody of your child, and this will be documented in a CAO.

A child arrangement order (CAO) is a formal legal document which defines where a child lives and who they can have contact with. A CAO may specify any of the following custody arrangement types:

One person with whom the child is to live.
Two people who live in the same household as persons who the child will live with. This type of CAO is normally made in favour of a child's parent and step-parent.
Two people who live in different households as persons who the child will live with. In this case, the CAO will outline when (i.e. what day and time) the child will live in each household. This type of CAO may be used where it is preferable for both parents to share custody between their individual households (the amount of time spent in each household does not necessarily have to be equal).

Depending on the circumstances of the case, the court may issue an order for a different type of custody arrangements under a COA, including:

Direct contact arrangement – whereby the child stays with or visits someone in person
Indirect contact arrangement – whereby contact with the child takes place by letter, e-mail, phone, video call, or instant messaging.
Overnight and visiting contact arrangements – allows the child to spend a specified number of hours with a person or overnight.
Supervised and unsupervised contact arrangements – if the court considers that there is a risk to the child with direct or indirect contact, it may request that contact arrangements be supervised by a third party.

Final words

It is essential that throughout the custody process, you cooperate with your spouse, avoid being drawn into provocation, and pay any maintenance you owe on time. By showing the court that you are prioritising the welfare and well-being of your child, you will increase the chances of being awarded custody of your child. It is also advisable to keep records and a diary so that you can accurately relay to the court what has happened and when.

For a free consultation to discuss how you can win custody of your child following separation, please call our understanding and caring family law team on 0208 300 6666.

Understanding the Role of Executor to a Will

Mon, 13 Feb 2023 14:01:36 GMT

What is the difference between an administrator and an executor?

Following the death of a loved one, it is important to identify the executor or administrator responsible for handling their estate (i.e. the deceased’s assets and finances). Understandably, many people do not understand how to identify the executor, their role, and their legal duties. For this reason, it is important to seek guidance from a family law Solicitor if you are placed into this role and you need support to ensure the proper and complete handling of the deceased’s estate. In this article, we will discuss the difference between an executor and an administrator, how to identify the executor and the duties and tasks of an executor.

What is the difference between an administrator and an executor?

We are commonly asked to explain the difference between an administrator and an executor. Both are ‘personal representatives’ of the deceased and have the authority to handle their property and their finances (also referred to as the deceased’s estate). The difference is that executors are appointed in a will, whereas administrators act as personal representatives if there is no will.

What is the job of an executor or administrator?

The role of the personal representative (PR) (i.e. the executor or administrator) is to administer the estate of a person who has died. In accordance with section 25 of the Administration of Estates Act 1925 (AEA 1925), PRs are required to collect and administer the estate, including:

Identifying the liabilities and assets of the deceased
Obtaining payment of any debts due to the deceased.
Gaining control of the assets.
Converting assets into money if required
Safely maintaining the assets safely
Paying any debts of the deceased, including inheritance tax
Determining the remaining (residuary) estate and ensuring it is properly distributed according to the will (or the rules of intestacy if there is no will)

All PRs have a statutory duty of care, meaning that they must, according to the Trustee Act 2000, “exercise such care and skill as is reasonable in the circumstances, having regard in particular to any special knowledge or experience that he has or holds himself out as having, and if he acts as trustee in the course of a business or profession, to any special knowledge or experience that it is reasonable to expect of a person acting in the course of that kind of business or profession”.

Before taking on these duties, the executor or administrator must apply for a grant of probate.

What is a grant of probate?

A grant of probate gives an administrator or executor the legal right to handle the estate of a deceased person, including their assets, property, money and possessions when they die. Probate is not always required, however, especially if property within the estate was in joint ownership. You will be able to apply for probate if you are named in the will of the deceased or if there is no will and you are the closest living relative of the deceased person.

It is important to note that even if a will provides the name of an executor, it is the grant of probate which provides the full legal authority to administer the estate.

Identifying the executor

If there is a will, it will normally contain the name of the person who the testator wished to handle their affairs on their death. This is referred to as an ‘express appointment’. It may be that the will specifies more than one executor; however no more than four people can apply for probate. If the named executor is unwilling or unable to execute their duties, they can nominate another PR to carry out this role (e.g. a private client Solicitor). If an executor is unable to apply for probate due to a mental health condition or impairment, it is first necessary for their doctor to complete form PA14 outlining the medical circumstances – this must be done before applying for probate. In this case, the will may specify a substitute who can handle their affairs. If not, a court-appointed deputy, a person with power of attorney, or a beneficiary of the will can be appointed.

If there is no will, the administrator is typically the closest living relative of the deceased person (i.e. their spouse, civil partner or children over 18 years). It is important to note that unmarried partners cannot apply for probate. If there is no living husband, wife, civil partner or children, the role of executor can be carried out by a more distant family member (e.g. aunt/uncle). And ultimately, if there are no remaining family members at all, the estate goes to the Crown.

Final words

If you have been named as an executor in a will or you are taking on the role of an administrator if your loved one died without a will, it is important to understand your legal duties and the tasks you will need to complete. If they had a will, having a solid understanding of the process will ensure that their estate is handled according to their wishes, there is no potential for a future dispute, and you can be confident that you have faithfully fulfilled your legal duties.

For a free consultation to discuss the role of executor or administrator following the death of a loved one, please call our understanding and caring family law team on 0208 300 6666.

Splitting of the Family Business After a Divorce

Wed, 04 Jan 2023 18:11:01 GMT

Divorce can wreak considerable upheaval for any family, emotionally, financially and practically. This is especially so if the family run a business together (e.g. if a married couple has joint ownership of a limited company) on which they rely to provide a source of income. Not only do decisions about child and living arrangements need to be made, but an agreement will need to be reached regarding the future running of the business. In this article, we will discuss how the courts will treat a family-run business when it comes to reaching a financial arrangement following a divorce.

Will the courts take into account a family business following divorce financial proceedings?

Under section 25 of the Matrimonial Causes Act 1973, if both parties to a divorce have a mutual interest in a business that they rely on as a source of income, it will normally be treated as a financial resource by the courts when determining a fair financial outcome. One of the main considerations in this scenario is whether the business needs to be valued and, if so, how to gain the necessary valuation.

Will our business need to be valued following divorce?

When it comes to deciding whether a valuation is needed and the method to use, much will depend on the type and scale of the family business. Some of the factors that may need to be taken into account to decide if a valuation is needed include whether:

The divorcing parties own a substantial proportion of the business
Other parties own part of the business
The business will be sold in the foreseeable future
The divorcing parties are approaching retirement age resulting in the business being sold or wound up
The business has significant profits, turnover, or capital assets
The business has strong liquidity
There is a large difference between modest profits and the parties’ standard of living
The business’s capital is undervalued
The company accounts do not show the full financial status of the business
The partnership deed or shareholders’ agreement requires a valuation of the business

It is, therefore, unlikely that a valuation will be necessary if the business provides a simple income stream for the family. It is also important to bear in mind that when providing financial disclosure following divorce using ‘Form E’, there is no requirement to provide a formal business valuation. In most cases, it is sufficient to provide an estimate using the last set of company accounts. As was shown in the case of J v J [2014] EWHC 3654 (Fam), a short accountant’s letter explaining the business valuation figure provided on Form E may be all that is required. If a formal valuation is needed, this should be undertaken by an expert in business valuation who can use the correct valuation method (e.g. net asset, earnings, and discounted cash) and explain any tax implications when it comes to financial settlement options.

What will happen to our family business following divorce?

The courts have considerable discretion when deciding how a family business should be handled following divorce. Much will depend on the circumstances of the case. The court may decide to make any of the following decisions:

Allow one party to keep control of the business and compensate the other party – in this scenario, the compensated party may be given a lump sum, ongoing maintenance payments, or a combination of the two arrangements.

Transfer share ownership from one party to the other – this may be appropriate if one party will continue to run the business but the other will not.

Make both parties shareholders – In this scenario, both parties continue to operate and bear the responsibility of the business.

Sell the business – this is rarely done and normally only considered where it is necessary to achieve a fair outcome for both parties. The judge may offer the opportunity for parties to purchase their interest in the business or find a suitable buyer.

Many factors are taken into account by the courts, including whether the business was included in a pre or post-nuptial agreement, whether the business was in place before the marriage/civil partnership, and the preferences and needs of the divorcing couple. Broadly speaking, when making a decision on a financial order, the courts view family businesses as much more “risk-laden” compared to other asset types. From the perspective of financial security, it may be preferable to receive a divorce settlement that includes money and property rather than business assets.

Final words

Parties to a divorce or dissolution are often not aware of the options, risks, and considerations when deciding how best to handle a family business. Securing the best possible outcome when splitting a family business following a divorce requires legal, financial, and business expertise. Where a valuation of the business is necessary, this must be done correctly and thoroughly to achieve a fair outcome for both parties.

For a free consultation regarding how best to handle your family business following divorce, please call our understanding and caring family law team on 0208 300 6666.

Can I Keep My Pets After Divorce?

Mon, 28 Nov 2022 09:31:31 GMT

If you are going through the process of divorce and cannot agree with your ex-partner about who should keep your pets, non-contentious dispute resolution methods such as mediation can be extremely effective in finding a resolution. If all other avenues have been exhausted, it may then be possible to ask the court to decide who should keep your dog, cat, or other companion.

As a nation, we British are rather attached to our pets. After all, they are always there for us, love us unconditionally, and never ask for anything in return (except for food, a warm place to sleep, and for dogs, an occasional walk). Pets are part of the fabric of our homes and families, and the thought of not having them around due to divorce or dissolution can be deeply upsetting. In most cases, separating couples are able to come to a mutual agreement over who will keep their pets. Indeed, it may even be the pet that chooses who they live with. In this article, we will discuss what happens if you cannot agree with your ex-partner about who should keep your pets.

How are pets treated under the law?

It may surprise you to know that under the English and Welsh legal systems, pets have the same legal status as a lamp, bed, or painting. This is because pets are a ‘chattel’; a moveable item of personal property. It may be difficult to conceive that the law views our furry friends as mere ‘things’, but the fact is that your cat is no different from a washing machine in legal ownership terms. This does not mean that the law ignores the welfare of animals and pets. The Animal Welfare Act 2006, for example, sets out the law on the prevention of harm, promotion of welfare (including a suitable environment and diet), and the legal duty to take responsibility for animals.

Can I keep my pets after my divorce?

The best way to ensure that you can keep your pet/s following divorce is to reach a mutual agreement with your ex-partner. In most cases, pet-related disputes can be avoided from the outset if both parties can be reasonable and objective. Of course, this is not always the case, especially when separation has fallen into acrimony. If you have a “pet-nup” in place, which makes clear that you will take ownership of any pets you had before getting married or entering into a civil partnership, while not legally binding, this should make reaching an agreement easier.

What can I do if we cannot agree on who should keep our pets after divorce?

If you cannot reach an agreement regarding who will keep your pets, the first route to consider is Alternative Dispute Resolution (ADR). Many family law Solicitors offer ADR services, such as negotiation, mediation, and arbitration, as a way of bringing often complex and acrimonious disputes to a mutually agreed conclusion without involving the courts. In many cases, the courts will not even entertain such cases until both parties have gone through ADR. Thankfully, dispute resolution methods such as mediation are extremely effective and have the added benefits of helping to maintain a cordial relationship between parties (especially important for children), and are more likely to result in an agreement which will be adhered to. In addition, ADR is typically much faster and cheaper than asking the court to decide.

What will the court take into account when deciding who should keep a pet following divorce?

Court proceedings should only ever be considered as a last resort once all other routes to resolve the matter have been exhausted. When deciding who a cat should live with, the court will take into account a range of factors, including who:

Would like to keep the pet
Paid for the pet and whether it was gifted
The pet is registered to
Pays for the pet insurance
Is in a financial position to look after the pet
Has a home that is suitable for a pet, and
Has been caring for the pet, including arranging vet care, paying for food etc.

Unlike cases involving children, the court will not look at the best interests of the pet into account. That said, they may, in accordance with the Matrimonial Causes Act 1973, make a decision regarding pets in the context of the division of assets and the welfare of any children. This means if it can be shown that separating a child from their pet may have a detrimental impact on their welfare, the court may decide to allow them to stay together.

In some cases, it may even be possible to get the court to agree to a joint custody arrangement for a pet. This was famously the case following the divorce of Ant McPartlin and Lisa Armstrong, who swap custody of their chocolate Labrador each week.

Final words

Deciding who should keep pets following a divorce can be a cause of considerable stress and worry. To understand your rights and the best course of action to take to keep your pets following divorce or dissolution, it is always advisable to speak to a family law Solicitor who can advise you based on your unique circumstances.

For a free consultation regarding keeping your pets following divorce, please call our understanding and caring family law team on 0208 300 6666.

Separated But Not Divorced – Can I Claim Some Of My Spouse’s Pension?

Tue, 01 Nov 2022 11:09:05 GMT

With the current life expectancy at 79.0 years for males and 82.9 years for females respectively, it is no wonder that many people between 40-60 years old are feeling slightly panicky about how much money they will need to live comfortably in retirement.

We have previously covered how pensions are divided in a divorce financial settlement , however, what happens in situations where a couple has separated but never actually divorced?

The first thing a family law solicitor will ask in this type of situation is whether you and your estranged spouse have a separation agreement in place or have been granted a judicial separation.

What is a separation agreement?

Separation agreements are rare, however, for separated couples who do not wish to divorce on religious, cultural, or personal grounds, they give legal certainty as to how property and assets will be divided upon separation.

A separation agreement is different from a post-nuptial agreement as the latter is made by a couple intending to remain married, with the former only created when separation is imminent.

It is imperative to understand that a separation agreement cannot exclude the court's jurisdiction in financial remedy proceedings upon divorce. Either party can apply to the court for financial orders and request the court to ignore or modify some, or all, of the terms of the separation agreement. Converting the agreement to a court order is the only way to prevent one party from challenging it.

Notwithstanding the above, a separation agreement will normally be upheld by the courts if both parties received independent legal advice and the agreement was reached immediately before the couple separated. Circumstances that may result in a separation agreement not being upheld include:

One of the parties has experienced a change in circumstances that means the financial solutions set out in the agreement are "manifestly unjust".
The agreement fails to make adequate provisions for a child of the family.

You can stipulate in a separation agreement whether you wish to divide your pension by:

Pension offsetting
Pension attachment
Deferred pension sharing
Deferred lump sum

You can read about these options in detail here .

Whether there is a legal separation in place is another factor a family law solicitor will need to consider when it comes to pension division.

What is judicial separation?

Under the Divorce, Dissolution and Separation Act 2020, section 2, one or both parties can apply for a judicial separation. Upon application, the court must grant the order and there is no longer any requirement to provide reasons for the separation.

Although the court can make financial orders following a judicial separation, it cannot grant a pension sharing order because the parties are still technically married. This is a serious disadvantage of judicial separation when compared to a divorce and one that should be considered carefully with the advice of an experienced family law solicitor.

Although it cannot make a pension sharing order the court has the power to redistribute the benefits derived from pension resources between the parties by:

Making one or more pension attachment orders, and/or
offsetting the value of pension resources against the value of other assets held between the parties

Remember, there is nothing to stop people who have acquired a judicial separation from divorcing at a later date.

How is a separation financial settlement negotiated?

When negotiating your financial settlement, your solicitor will listen to what you need in terms of money, pensions, and property to move on to a positive future. They will then correspond with your spouse’s solicitor and negotiate for what you want. If a dispute develops, they will do everything possible to resolve matters through alternative dispute resolution methods such as round-table negotiation and/or mediation rather than going to court which, due to the cost and emotional stress involved, is always the last resort.

Your pension rights are likely to form a significant part of your financial settlement negotiations following a judicial separation. Your solicitor will ensure that your spouse makes a full financial disclosure concerning their pension assets. If you believe they may not be fully disclosing their pension/s it is important to inform your solicitor of your doubts so they can look at uncovering the truth. This can be achieved through the use of forensic accountancy and applications for injunctions to prevent your spouse from disposing of pension rights and other assets to avoid them becoming part of the financial settlement.

Wrapping up

Ensuring you have an adequate pension is an essential part of planning for your future. If you have decided to separate rather than divorce, you must talk over your options with a family law solicitor. Depending on factors such as your age and circumstances, it may be more advantageous for you to separate and remain married rather than divorce in order to maintain certain pension rights.

For a free consultation regarding any legal matter relating to separation and pension rights, please call our understanding and caring family law team on 0208 300 6666.

What Will the Cost Of Living Crisis Mean for Divorces in the UK?

Wed, 05 Oct 2022 12:27:27 GMT

In a recent article on the cost of living crunch and how this may impact divorce, we discussed how divorcing couples in the process of negotiating a financial settlement might be affected.

Unfortunately, there has been extensive discussion in the media in the past weeks about the cost of living crisis due to rapidly escalating energy costs (even allowing for government intervention) and inflation. The prospect of a prolonged period of financial strain on families across the UK brings with it the potential for an increase in the divorce rate, but is this really the case, and what can couples do in such circumstances?

Weren’t divorce applications already high before the cost of living crisis?

According to recent data from the Ministry of Justice, the number of divorce applications reached the highest rate in a decade in the middle of this year. The data shows that 33,566 divorce applications were made (78% from sole applicants and 22% from joint applicants) in the period between April to June. This sudden increase coincided with the introduction of the Divorce, Dissolution and Separation Act (2020), allowing for “no-fault” divorce. It remains to be seen whether this increase for the second quarter of 2022 was a result of people waiting for the no-fault divorce law to come into force or due to other factors. In the view of the Marriage Foundation, the rise was “a short-term blip that almost certainly reflects a backlog of anticipation of these new laws”.

Do divorces tend to rise during periods of financial instability?

While it may seem obvious that divorce will rise when families or couples are experiencing higher levels of financial stress, this may not necessarily be the case. It must be remembered that there are two opposing drivers behind how couples who are considering divorce due to financial stress may respond. On the one hand, couples may apply for a divorce if their relationship deteriorates as a result of financial worries and disagreements; on the other hand, they may stay together out of financial necessity.

According to research from the United States following the 2008 financial crash, “Results show a downward spike in the divorce rate after 2008, almost recovering to the expected level by 2011, which suggests a negative recession effect”. Other research appears to back this up, “For almost a century, anecdotes have suggested that divorce rates decline during recessions. However, until very recently, there has been surprisingly little formal empirical evidence on whether such a link exists, let alone its magnitude if it does”.

In England and Wales, the divorce rate did not increase in 2008 or 2009; rather, it fell, continuing a trend that started in 2004. The number of divorces did increase by over 5,500, however, in 2010 when compared with 2009. This may suggest a delayed response to the 2008 financial crisis and that more couples sought a divorce once its immediate effects started to lift. This hypothesis is also put forward by the ONS , which states, “The figures show that divorce rates continued their downward trend during 2008 and 2009 but increased in 2010. This could be consistent with the theory that recession is associated with an increased risk of divorce, but with a delayed impact, perhaps reflecting couples wait for an economic recovery to lift the value of their assets”. Interestingly, the divorce rate in England and Wales continued to fall over the long term after 2010, from 119,589 to 103,592 in 2020.

What can couples do whose relationships are under strain due to financial pressure?

A wide range of support services is available to married couples and those in civil partnerships, including marriage guidance counsellors and financial specialists. The charity Relate offers a full range of services, including relationship counselling, family counselling, mediation, children’s counselling, and young people’s counselling.

If you are experiencing financial difficulties, consider speaking to a financial advisor, your bank, or a charity such as Step Change . Step Change also offers a range of services to help individuals and couples get control of their finances by using debt management plans, individual voluntary arrangements, debt relief orders, bankruptcy, equity release, and Debt Arrangement Schemes.

Final words

Overall, the commonly held belief (one that is often repeated in the media) that divorce rates inevitably spike during a recession may not be entirely correct. In reality, history shows us that there is a possibility of a delayed short-term increase following more severe recessions, which then corrects itself shortly after. It may be that the introduction of no-fault divorce alters this dynamic. Regardless of the statistics, those considering divorce, especially if this has been exacerbated by the current financial crunch, have a range of options available to them. It may be that taking early action to lower the impact of any financial stress may resolve some or all of the relationship issues.

For a free consultation regarding any legal matter relating to divorce or financial orders, please call our understanding and caring family law team on 0208 300 6666.

How Will The 2022 Cost of Living Crunch Impact Divorce in the UK?

Tue, 30 Aug 2022 10:13:14 GMT

While the cost of living crunch may cause a rise in divorces, it may also affect divorces proceeding through the courts, especially when it comes to reaching financial settlements.

As a society, we tend to think about the impact of financial crunches on our ability to buy food, pay our bills, and ultimately keep a roof over our heads. Unfortunately, when money becomes tight, the resulting pressure and stress also negatively affects families and relationships. Some are already predicting a “looming storm” and “unquantifiable damage” to families as a result of the cost-of-living crisis. While the cost of living crunch may cause a rise in divorces, it may also affect divorces proceeding through the courts, especially when it comes to reaching financial settlements. In this article, we will take a closer look at how the cost of living crunch may affect those considering divorce and couples in the process of reaching a financial agreement.

Will rising inflation and costs cause divorce rates to rise in 2022/23?

It seems logical to suggest that financial stress may be the ‘straw that breaks the camel’s back’ for those contemplating divorce. But did this happen during the COVID-19 pandemic? In 2020, at the height of the pandemic, anecdotal report s from some law firms suggested they had received record levels of divorce-related enquiries; however, there is currently no official government data from the ONS showing this happened. Indeed, in the year that COVID-19 started to spread, divorce rates fell; according to data from the ONS in 2020, 103,592 divorces were granted in England and Wales, representing a decrease of 4.5% compared with 2019.

There is little doubt that families are feeling the pressure, and this is likely to exacerbate over the next few months. According to the online comparison website comparethemarket.com, “just over 42% of families with children living at home regularly feel stressed about their finances”. For this reason, rather than separate, some couples may choose to stay together because they rely on both incomes to cover their costs. Alternatively, some may decide to divorce but live together for the sake of financial expediency .

Ultimately, it is too early to know how the cost of living crisis will impact divorce rates, and even if it increases in 2022, this may be partially attributable to the introduction of the Divorce, Dissolution and Separation Act 2020, allowing no-fault divorce, in April.

How might those in the process of negotiating a financial settlement be affected?

As we wrote about in a recent article entitled, ‘Can I Change A Consent Order In Light Of The Cost Of Living Crisis?’ it is possible, in certain limited circumstances, to gain permission from the courts to vary an existing financial order, but what about those currently trying to negotiate a financial settlement? Will they be willing to commit to a financial arrangement which may not cater for their needs in the coming months as costs rise? Likewise, will financially better-off individuals be willing to increase payments to their ex-spouse if costs rise substantially?

Some within the legal profession think that the cost of living crisis will make it harder to reach an agreement on financial matters following divorce. This is largely driven by uncertainty in terms of mortgage interest rates, energy costs, property values, and the corrosive effect of inflation on savings. According to IFA Magazine , the cost of living crunch and general uncertainty about future mortgage rates are causing divorce negotiations to be “scuppered”, with some being concerned that any financial commitment may later become unaffordable. They also report that some couples going through the divorce process are finding it increasingly difficult to estimate their future costs.

Where possible, we recommend that both parties try to take a fair and pragmatic view of their financial arrangements and try to pre-emptively factor in provision for the cost of living crunch. Concern over being ‘trapped’ in an agreement which is no longer viable for either party is entirely understandable, but given that the courts will only vary an order in exceptional circumstances, a flexible approach will be key. This will ensure the financially less well-off party is secure as their costs rise, at least on a temporary basis while the ‘storm’ passes. As part of this process, it is advisable to create a realistic budget for all of the costs to be covered in the financial agreement (e.g. electricity, gas, and mortgage) and factor in rises of the magnitude being forecast.

Final words

Whether the current cost of living crisis will lead to a substantial increase in divorces and dissolutions or whether couples will choose to maintain the status quo for financial reasons remains to be seen.

For those who have already made the decision to separate and are working through the process of reaching a financial agreement, it is advisable to engage a family law practitioner specialising in Alternative Dispute Resolution (ADR) methods. Using non-confrontational dispute resolution methods such as mediation can help divorcing couples reach an agreement in complex and dynamic situations, such as the current cost of living crunch. When it comes to weathering the cost of living crunch following divorce in 2022 and 2023, flexibility and pragmatism by both parties will be essential.

For a free consultation regarding any legal matter relating to divorce or financial orders, please call our understanding and caring family law team on 0208 300 6666.

Disclosure of Crypto Assets in Financial Settlements

Thu, 21 Jul 2022 09:07:12 GMT

Should crypto assets and cryptocurrencies be disclosed in financial proceedings?

When it comes to reaching a fair financial settlement following divorce, the full and frank financial disclosure of both parties is essential. In reality, however, some assets are easier than others to hide, including assets kept in a foreign jurisdiction and intangible property such as cryptocurrency and crypto assets. Unfortunately, the enormous rise in cryptocurrency and crypto asset ownership and their associated values means that some parties to financial settlement proceedings are deliberately concealing their digital assets. In this article, we will look at whether crypto assets are taken into consideration in financial settlements following divorce, why they are often difficult to trace, and what you can do if you believe your ex-partner is hiding digital assets.

Should crypto assets and cryptocurrencies be disclosed in financial proceedings?

Yes; as far as the law is concerned, all financial assets must be disclosed in full when completing a Financial Statement (Form E) in advance of a financial order being made under the Matrimonial Causes Act 1973 (MCA 1973) and the Civil Partnership Act 2004 (CPA 2004). As such, no exception is made for novel or non-traditional asset classes.

While some people may be tempted to withhold some of their assets in the event of legal separation, especially those that are difficult to trace, such as crypto assets and currency, this is never advisable. As stated on Form E, “Proceedings for contempt of court may be brought against a person who makes or causes to be made, a false statement in a document verified by a statement of truth”. Even where a financial order is agreed upon, if assets are later discovered to have been hidden by one party, the courts will not hesitate to vary the order in favour of the other party.

Why is it difficult to trace cryptocurrency and assets?

Cryptocurrency and assets can be extremely hard to trace and prove for a number of reasons. Cryptocurrencies often use digital ‘addresses’, but these are not linked to the identity of the owner. Unfortunately, there is no central authority with the personal identity details of cryptocurrency owners. Some cryptocurrencies even claim to be entirely private and anonymous such as Monero, Zcash, and DASH. As Investopedia explains, “Monero transactions are much more difficult to trace because they use ring signatures and stealth addresses”.

Other technology also exists to make it hard to trace the origin of cryptocurrency, including ‘mixers’ and ‘tumblers’. Mixers and tumblers are used to mix various streams of potentially identifiable cryptocurrency, thereby making transactions increasingly untraceable.

What can be done to ensure the disclosure of crypto assets in divorce proceedings?

If you believe that your ex-partner has crypto assets or cryptocurrency that they have failed to disclose in their financial statement, it is advisable to speak to a divorce Solicitor.

Divorce Solicitors partner with specialist crypto asset forensic experts to carry out the necessary analysis. In many cases, where no information is available (e.g. addresses) to identify crypto assets, they will start by looking at bank statements to find payments to crypto exchanges, crypto trading apps, or crypto payment companies. Tax records may also reveal any capital gains or losses made as a result of the sale of cryptocurrency.

It is important to point out, however, that even if you have a strong suspicion that your ex-partner may be hiding their digital assets, you should not be tempted to access their digital devices without explicit permission. Doing so may constitute a breach of the law.

In some cases, digital assets may be so well hidden that traces cannot be found. In this scenario, it is advisable to provide any details that you have (e.g. Whatsapp messages, text messages, emails etc.) which suggest the existence of crypto assets. Your Solicitor can also request specific disclosure from your ex-partner in relation to any crypto assets they hold. The goal in such situations is to make it clear that there is a reasonable belief that your ex-partner owns crypto assets that they have not disclosed and that if they continue not to comply, they risk receiving a prison sentence.

Another consideration to bear in mind is the sheer volatility of the crypto markets. Certain cryptocurrencies such as Bitcoin have lost substantial value in recent months, and, therefore, it is important to weigh up the cost and time involved in tracing such assets against the amount to be gained.

Final words

If you have a good reason to suspect your ex-partner has not fully disclosed their assets following divorce, it is advisable to a specialist in family law. They will listen to your case and outline the options available to you. Family law Solicitors have several tools available to compel withholding parties to disclose their full financial status, and in most cases, this is sufficient to ensure their compliance. If this is not the case, through the use of crypto forensic expertise and with the assistance of the courts, it is normally possible to resolve the matter and ensure a fair financial settlement is reached.

For a free consultation regarding any legal matter relating to divorce or financial orders, please call our understanding and caring family law team on 0208 300 6666.

What is the Impact of No-Fault Divorce on Financial Settlements?

Wed, 08 Jun 2022 10:32:15 GMT

The key concerns on the mind of most going through a divorce or dissolution of a civil partnership are children and money.

Where an agreement cannot be mutually agreed upon regarding the division of matrimonial assets and ongoing financial arrangements, the last resort is to seek assistance from the courts to draw up a financial order. With the introduction of the new Divorce, Dissolution and Separation Act 2020, which brought no-fault divorce to England and Wales, it is understandable to assume this will have consequences for financial settlements, but is this the case? In this article, we will explain how the new no-fault divorce process introduced in April 2022 will impact divorce financial settlements.

Does no-fault divorce change how financial settlements will be reached?

While it is fair to assume that doing away with blame when it comes to filing for divorce will have an effect on financial settlements, this is not the case. This is because the underlying law referred to by the courts when considering financial settlements (the Matrimonial Causes Act 1973) is separate from the new Divorce, Dissolution and Separation Act 2020. Section 25 of the Matrimonial Causes Act 1973 includes all of the matters to be considered by the courts when determining:

Financial provision orders
Property adjustment orders
Orders for the sale of property, and
Pension sharing orders.

Will conduct during marriage determine the outcome of a financial provision order?

Section 25 of the Matrimonial Causes Act states that the following must be taken into account by the courts when deciding on an order:

the income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future
the financial needs, obligations and responsibilities which each of the parties
the standard of living enjoyed by the family
the age of each party
the duration of the marriage
any physical or mental disability of either of the parties to the marriage;
the contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family
the conduct of each of the parties if that conduct is such that it would, in the opinion of the court, be inequitable to disregard it;

The last of these confirms that the conduct of the separating parties will be taken into account but only if, in the opinion of the court, it would be “inequitable to disregard it”. In practice, the conduct of parties during the marriage or civil partnership is only taken into account in exceptional circumstances.

Section 4.4 of Form E used when making a financial statement in relation to a financial order under the Matrimonial Causes Act 1973 and the Civil Partnership Act 2004 states, “Bad behaviour or conduct by the other party will only be taken into account in very exceptional circumstances when deciding how assets should be shared after divorce/dissolution. If you feel it should be taken into account in your case, identify the nature of the behaviour or conduct below”.

What is meant by exceptional circumstances?

Unfortunately, there is no single legal definition of what is meant by “exceptional circumstances” in this context, and hence, this can be difficult to establish. As such, the courts typically refer to case law to determine where exceptional circumstances have been successfully argued. Two types of conduct may be considered; personal conduct and financial conduct.

Personal conduct includes extreme acts (e.g. violence) by one party towards the other, but not always. Evans vs Evans (1989) involved a wife who incited another person to kill her partner, and this was deemed to be significant enough to change the financial order. The judgment , in this case, stated, “there was an approach by the wife to a clairvoyant, through whose agency she sought to arrange the murder of her husband. There was also an approach by her to try and obtain others to murder her husband, by one means or another, on payment of a fee to them of £1,000, what is called a ‘contract fee’”. In other cases, such as Hall vs Hall (1984), which involved a wife who stabbed her husband, the former still received a financial award despite her conduct.

Financial conduct includes deliberate actions by one party to unfairly cause financial disadvantage or loss. This may include dishonesty, such as when one party fails to disclose a sizeable portion of their assets.

Final words

Actions such as extreme violence or threats of violence by one party towards another during a marriage or civil partnership may not reflect in a financial order because such matters are not deemed to be under the jurisdiction of the family courts. The starting point for family courts in financial order cases is a fair and equal division of assets. A case can still be made for the existence of exceptional circumstances, but this is not altered by the new no-fault divorce law.

For a free consultation regarding any legal matter relating to divorce or financial orders, please call our understanding and caring family law team on 0208 300 6666.

Social Media Etiquette When Going Through Divorce

Wed, 25 May 2022 14:56:34 GMT

For many, the process of divorce is charged with emotions; fear, anger, resentment, and even relief in some cases.

Divorce in the modern era is, however, made all the more complicated because of social media. Many a celebrity divorce is played out on social media platforms for all to see. The acrimonious separation of Ioan Gruffudd and Alice Evans in 2020 resulted in a considerable amount of bitterness being aired on social media. In February 2022, Gruffudd filed a domestic violence restraining order against Evans, citing allegations she was trying to destroy his career with false statements and had threatened violence toward him. In this article, we will discuss social media etiquette for those going through a divorce and why it is so important to avoid the temptation to lash out on this type of public forum.

What role can social media play in divorce cases?

Content placed on social media platforms such as Facebook, Twitter, and Instagram during a relationship and after separation can play a role in divorce cases. While there is no longer a need to blame or provide evidence of the reason for legal separation in the era of no-fault divorce, comments, photos, or videos from during the relationship may still show the grounds for divorce. Such evidence may be significant when courts are asked to reach a decision in the form of a financial settlement or child arrangement order. Posts made after separation showing the existence of assets (e.g. cars, boats, paintings) that one party has denied the existence of and did not include in their financial disclosure ahead of a financial settlement may be used as evidence in legal proceedings.

Social media posts may also play a key role when it comes to child arrangement orders if one parent is shown to act in an irresponsible manner (e.g. taking drugs) or using coercive and/or controlling behaviour. Under the Children Act 1989, the courts may make an order to protect children where there is a pattern of coercive or controlling behaviour or other domestic abuse. Importantly, a child is considered a victim even if domestic abuse is targeted at parents or relatives or if they see or hear, or experience the effects of the abuse. As the 1989 act court procedure rules state , “Domestic abuse is harmful to children, and/or puts children at risk of harm, including where they are victims of domestic abuse, for example by witnessing one of their parents being violent or abusive to the other parent, or living in a home in which domestic abuse is perpetrated (even if the child is too young to be conscious of the behaviour)”.

Highly inflammatory remarks placed on social media may also lead to court injunctions, claims of defamation or libel if it can be shown reputational damage has been caused, and contempt of court, leading to a custodial sentence.

Social media etiquette following divorce

We recommend adopting the following social media etiquette following divorce:

Avoid using social media to discuss the reasons for divorce or cast blame
Consider the impact on you, your children, and your ex-partner when placing any content on social media
Don’t accuse the other party, their family, or a new partner of wrongdoing on social media
Don’t make derogatory remarks about your ex-partner or their new partner
Don’t communicate with your ex-partner through social media
Avoid the temptation to announce a new relationship
Only allow new friends and permit connections with people you know and trust
Avoid using social media platforms to seek support through divorce
Avoid placing any photos, videos or other forms of content which may cause embarrassment or resentment
Do not discuss any legal and/or court proceedings relating to the divorce, your children, or your finances on social media. This may lead to a breach of:

o Section 97 of The Children Act 1989 – right to privacy for children involved in legal proceedings

o Family Procedure Rules 12.73 and 12.75 – relating to the communication of information in children proceedings and contempt of court

Ask other family members not to add comments, photos, videos or other content on social media which may cause harm
Don’t be tempted to spy on your ex-partner – for example, if you have their passwords, do not log in to their accounts to see what they are doing
Related to the above, it is advisable to change your social media passwords.
Consider removing your ex-partner (or blocking them) on social media accounts – this will ensure that you are not faced with seeing their updates.

Final words

If possible, it may be prudent to avoid using social media altogether after divorce. While it may be tempting to seek support and update people on what is happening at this difficult time, there is always a risk that you may later regret any social media content you have posted, even seemingly innocent and innocuous comments. Where possible, seek support during your divorce from close friends and family outside of the social media space and organisations specialising in divorce counselling. Even if your ex-partner is behaving in a less than honourable way on social media, it is important to keep your counsel; as Michelle Obama once famously said, “when they go low, we go high”.

For a free consultation regarding any legal matter relating to divorce, please call our understanding and caring family law team on 0208 300 6666.

Can I Change A Consent Order In Light Of The Cost Of Living Crisis?

Tue, 19 Apr 2022 09:36:13 GMT

Can I Change A Consent Order In Light Of The Cost Of Living Crisis?

In recent months, the British media has focused extensively on the current cost of living crisis. The rise in living costs has been exacerbated by a multitude of factors, including inflation that is outstripping wages, rampant energy costs, and rising fuel and food prices. According to the latest data, inflation in the UK is now at 7%, the highest rate in the last three decades. It is also expected that food prices will rise by 15% this year alone. The end result is that an increasing number of people in the UK are financially stretched to the limit and unable to meet their financial commitments, including those made following divorce or dissolution. In this article, we will take a look at whether it is possible to change financial arrangements with an ex-partner due to a lack of affordability.

What is a consent order?

Following divorce or dissolution, parties who are unable to reach a mutual agreement on financial matters may seek a financial remedy through the courts. A consent order (also referred to as a financial settlement or financial order) details financial arrangements between separated couples and is approved and issued by the court. Consent orders can be used to define how finances, property (e.g. sale or transfer of property), and pensions are to be handled after separation, in accordance with the Matrimonial Causes Act 1973 (MCA 1973). Financial provision in consent orders can be dealt with by way of periodic payment, secured periodical payment, and lump sum orders.

Can I apply to vary or set aside a consent order?

It is possible to apply for a variation (i.e. make a change to) of several different types of financial order, including (but not limited to):

Maintenance pending suits
Periodical payments and secured periodical payments
Lump sums by instalments
Periodical payments or secured periodical payments (subject to the provisions of the Child Support Act 1991)
Payment of a lump sum by instalments
Deferred lump sums.
Settlement orders – including orders for:

o the settlement of property for the benefit of a spouse or children of the family

o varying a settlement for the benefit of a spouse or children of the family

Sale of property
Pension sharing

It is important to note that certain financial orders cannot be varied. With few exceptions, only income orders can be changed; capital orders are considered final and, hence cannot be changed. Additionally, orders for lump-sum payments that are not made periodically, property adjustment orders, and pension sharing orders once a conditional matrimonial order has been finalised cannot be varied.

What will the court consider when an application to vary a consent order is made?

Courts have broad discretion when considering applications to vary a consent order. They will take into consideration a range of factors, including:

the welfare of any children - this is of paramount concern to the court
any change in circumstances - this normally needs to be significant for the court to agree to an order variation
the specific evidence presented with the application
whether a “clean break” is warranted
fairness
financial circumstances of both parties – courts will consider the reduced income of one party, the increased income of the other, and any increase or decrease in responsibilities.
the balance of responsibilities between first and subsequent families
, any incidents of financial mismanagement

For an application to vary a consent order to be successful, it is essential to present a clear case with strong supporting evidence. It is important to understand that the court will not simply reduce periodical payments made by one party to another just because, for example, the payer has lost their job. In such scenarios, it is more likely the court will order a temporary reduction or cessation of payments while the payer secures new employment and order an increase in payments once they have done so.

The court’s approach to financial order variation during the COVID-19 pandemic

Like the current cost of living crisis, the COVID-19 negatively impacted household finances, with many people losing their jobs or having to adjust to lower “furloughed” pay during 2020 and 2021. Indeed, recent case law shows us that unless a very strong case is made to vary a consent order, refusal is likely. In the case of AJC v PJP [2021], EWFC B25, an application to increase periodical payments upwards was rejected. Likewise, in the case of FRB v DCA (No. 3) [2020] EWHC 3696 (Fam), an application to vary or set aside a lump sum payment order by instalments was also rejected.

Final words

It is entirely understandable that individuals subject to a consent order who have been adversely affected by the cost of living crisis may wish to apply to the courts to have the order changed to reflect their situation. Courts have a duty to weigh up the circumstances of both parties (and their children) to a consent order and also consider why the original order was reached. If one party applies for a variation on the basis that their costs have increased, it is also likely that the other party also has increased costs. For this reason, only in the most extreme cases is it likely that a court will agree to vary an order, and where they do, it may only be temporary.

For a free consultation regarding varying a consent order, please call our understanding and caring family law team on 0208 300 6666.

No-Fault Divorce Law Comes Into Effect in April 2022

Tue, 08 Mar 2022 12:43:11 GMT

In December 2021, in an article entitled ‘ Three Important Considerations Before You File For Divorce ’ , we wrote about the introduction of no-fault divorce in England and Wales. Specifically, we discussed whether it was worth waiting until the change before filing for divorce. Thankfully, this vitally important change in family law is imminent. Here will provide the finer details on the no-fault divorce provisions in the new Divorce, Dissolution and Separation Act (DDSA) 2020.

Why did the government reform the divorce law in England and Wales?

For decades, the current divorce law has been heavily criticised by legal professionals and those who have gone through the process for being adversarial and in need of urgent reform. One of the most well-known cases that highlighted the ineffectiveness of the current law was that of Owens v Owens (2018). Tina Owens had been married for 40 years to Hugh Owens and alleged that her marriage had broken down irretrievably and that Mr Owens acted in such a way that she could not reasonably be expected to continue living with him. Mr Owens objected to the petition on the basis that he believed his behaviour had not been unreasonable. Mrs Owens was refused a divorce by the Supreme Court.

Prior to the drafting of the new DDSA 2020, the government published a consultation on reforms to divorce law. Respondents to the consultation included those specialising in family justice and with direct experience of divorce. It was acknowledged that the law in this area is over 50 years old and needlessly requires couples to lay blame, damaging prospects of reconciliation and the relationship of children to their parents.

In 2019, Justice Secretary David Gauke stated , “Hostility and conflict between parents leave their mark on children and can damage their life chances. While we will always uphold the institution of marriage, it cannot be right that our outdated law creates or increases conflict between divorcing couples. So I have listened to calls for reform and firmly believe now is the right time to end this unnecessary blame game for good”.

What is contained in the new Divorce, Dissolution and Separation Act (DDSA) 2020 ?

The DDSA brings the first radical changes in divorce law since 1973. It changes both the legal criteria and the procedure of divorce and dissolution, in addition to judicial separation. The first point to note is that “irretrievable breakdown” remains the only ground for divorce. The requirement to provide evidence for the reason (i.e. adultery, unreasonable behaviour, desertion, two years’ separation with consent, or five years’ separation without consent) for legal separation is no longer needed, however. Instead, parties to the divorce will just need to provide a simple statement confirming that the marriage has broken down irretrievably.

The other key points to be aware of are as follows:

Neither party can contest the divorce or dissolution (except on very limited grounds)
A joint application for divorce or dissolution can be filed where the decision to separate is mutual
There will be a minimum period of 20 weeks between the start of proceedings and application for conditional order or decree nisi. The idea of this is to allow divorcing couples to reflect on the decision they have made. In some cases, this may lead couples to reconsider their decision. If couples decide to proceed with the divorce, this will give both parties time to plan for their future and their children.

Is the Divorce, Dissolution and Separation Act (DDSA) 2020 on track for April 2022?

According to the minutes of a Ministry of Justice (MoJ) meeting held in November 2021, the DDSA is on track to come into force on 6 ^th April 2022; “MoJ Policy informed that the delivery date for the DDSA implementation project has been confirmed for 6th April 2022 and MoJ is on track to meet that date)”.

The new law has been considerably delayed after its first reading in January 2020 and gaining Royal Assent on 25 ^th June 2020, at the height of the COVID-19 pandemic. Several changes were required to the Family Procedure Rules, the online divorce portal, and to court forms used for divorce before the DDSA was able to go live.

At present, the MoJ’s ‘digital team’ is readying the new online platform for no-fault digital divorce applications. Full guidance on the new process and online system will be released prior to the full go live on 6 ^th April 2022.

What will happen when the online system changes on 6 ^th April 2022?

If you are currently in the process of divorcing but have yet to formally apply, you may wish to wait until 6 ^th April 2022 to apply through the new system. If you are planning to divorce under the current system and don’t want to wait, you will need to submit your application by 4pm on 31 ^st March 2022. Between 31 ^st March and up to 6 ^th April 2022, you will not be able to use the online system for divorce applications. From 6 ^th April 2022, the new paper and digital services for no-fault divorce will be ready for use.

Final words

The changes to divorce law in England and Wales are long overdue and will do away with the adversarial nature of legal separation. We expect and hope that this will reduce the level of disputes arising from separation and the harm caused to children who are often caught in the cross-fire of parents who are forced to apportion blame.

For a free consultation regarding the new no-fault divorce law, please call our understanding and caring family law team on 0208 300 6666.

Can I Gain Access To My Grandchildren?

Thu, 10 Feb 2022 13:31:44 GMT

Around one in every three people over the age of 50 in the UK is a grandparent .

The role grandparents play in the raising of their grandchildren is substantial, especially following parental separation, where the parent with primary custody needs to be able to work and needs extra support. It is now estimated that over five million grandparents take on childcare responsibilities, according to Age UK. Ultimately, being able to see your grandchildren develop and flourish and playing a role in their day to day life provides enormous benefits for both of you. But what happens if you lose access to your grandchildren, perhaps following an acrimonious parental divorce or separation?

Do grandparents have a right to see their grandchildren?

Unfortunately, grandparents do not have an automatic right to see their grandchildren. However, they do have legal options available in this situation under the Children’s Act 1989 (CA 1989). Section 8 of the CA 1989 provides three main ways, referred to as ‘section 8 orders’ in which this can be achieved, as follows:

Child Arrangement Orders (CAOs)

A grandparent can apply to a family court to have a CAO (previously known as ‘residence orders’ or ‘contact orders’) granted to gain access to their grandchildren. As the CA 1989 states, a CAO is an order that regulates arrangements for:

(a) who a child is to live, spend time or otherwise have contact, and

(b) when a child is to live, spend time or otherwise have contact with any person.

Prohibited steps orders (PSO)

On application, the courts may agree to grant a PSO to prevent a parent, or another person with parental responsibility, from taking certain actions. For example, if there is a genuine concern that the parent may take a grandchild out of the country indefinitely, the courts may issue a PSO to prevent this from happening.

Specific Issue Order (SIOs)

An SIO is an order issued by the court providing specific direction on a particular question in relation to the parental responsibility for a child. This may be, for example, be guidance on whether a child should receive medical care or where they should attend school.

Can I apply to become a special guardian?

It is possible to apply for a Special Guardianship Order (SGO), whereby you take over the parental responsibility of a child, in certain circumstances. This is different from adoption as the child still has regular involvement and contact with their parent, but the person with the SGO has the final say on parental matters. You can apply for an SGO without first requesting permission from the court if:

you are already the child’s legal guardian
the child lives with you because of a child arrangements order
the child has lived with you for 3 of the past 5 years
you’re the child’s relative or a foster parent, and the child has been living with you for at least 1 year
you have the agreement of anyone named in a child arrangements order as someone who the child will live with
you have the agreement of all the people with parental responsibility for the child
you have the agreement of the local council, if the child is in care

If none of the above, you can still apply to the family court for permission to request an SGO.

How do I apply for a court order to gain access to my grandchildren

Grandparents, brothers, sisters, uncles, aunts, and step-parents are able to request a section 8 order from the family courts. To do so, you will first need to attend a Mediation Information and Assessment Meeting (MIAM). This is required by the Children and Families Act 2014 and is intended to see if your matter can be resolved outside of the court system through Alternative Dispute Resolution (ADR) methods, such as negotiation and mediation. If ADR is appropriate, an impartial negotiator or mediator will help you to come to an amicable arrangement with the person with parental responsibility. It is important to understand that you must attend a MIAM before you can apply to the family court for an order. ADR can be highly effective in resolving matters outside of the court system and can help preserve the existing relationship between the person with parental responsibility and the grandparent.

Once you have attended a MIAM, you can then apply online for a section 8 order on the government’s website.

To make your application, you will need the following information to hand:

details of those with parental responsibility (e.g. date of birth and address)
the child’s or children’s details
solicitor details
details of any previous family court cases
signed document confirming MIAM attendance

Once you apply to the court for an order, the judge will look at factors such as why you have applied, your connection to the child, and whether there is any potential harm and disruption to the child’s life if it is granted. While the court understands the importance of the relationship between a grandchild and their grandparent, there is no automatic presumption that doing so is in their best interests. For this reason, making a strong and reasoned rationale for the granting of the order is imperative.

In conclusion

If you are considering seeking regular access to your grandchild in the form of a CAO or other preventative action in the form of a PSO or SIO, it is important to seek the guidance of a family law Solicitor. They will review your situation and recommend the best overall course of action. If ADR methods are not suitable or do not prove effective, your Solicitor will help to prepare a robust application on your behalf demonstrating the reasons and importance of putting in place the arrangement, and why this is in the best interests of the child.

For a free consultation regarding gaining access to your grandchildren, please call our understanding and caring family law team on 0208 300 6666.

Why You Should Consider Applying For A Start-Up or Innovator Visa in 2022

Tue, 11 Jan 2022 14:55:12 GMT

In the past few weeks, we have seen a surge in interest in both the UK Start-up and the Innovator visa from nationals of Russia, China, India, Pakistan, Sri Lanka, and several other countries. It is easy to see why the UK is experiencing high demand for business visas from successful international entrepreneurs.

In late 2020, according to The Centre for Economic and Business Research (CEBR), the UK regained its place as the fifth-largest economy in the world, “leapfrogging” India in doing so. More recently, it was reported that Britain is to recover the fastest of all G7 countries from the pandemic. According to the OECD , “The [UK] economy is recovering and expected to reach pre-crisis levels at the beginning of 2022. Output is projected to rise by 6.9% in 2021, with growth moderating to 4.7% in 2022 and 2.1% in 2023. Consumption is the main driver of growth during the projection period”. While the Omicron variant may have dented this somewhat, the projections are for a strong economic rebound in 2022. The vast business opportunities in the UK for 2022 coupled with the considerable benefits of both the Start-up and Innovator immigration schemes are largely behind the drive for business visas.

Why should I apply for a Start-up Visa as a national of Russia, China, India, Pakistan, or Sri Lanka?

The Start-up visa is directly intended for overseas entrepreneurs, including those from Russia, China, India, Pakistan, and Sri Lanka who wish to set up a new innovative business in the UK. It was introduced by the Home Office to ensure the UK remains a global powerhouse for innovation and new business growth.

Unlike the Innovator visa, which is for those with more business experience, the Start-up visa does not require candidates to have investment funds. To make a successful application, Start-up visa applicants need to draft a detailed innovative business plan, and their idea must be different from anything else on the market. This idea then has to be approved by an endorsing body with knowledge and experience of the target market. The authorising body will verify that the idea is new, innovative, and viable.

While the Start-up visa does not provide a direct route to permanent settlement in the UK, it offers a fantastic opportunity and a stepping stone to other visas that, once you are established here, will allow you to gain Indefinite Leave to Remain (ILR) after a qualifying period.

The benefits of the UK Start-up visa are as follows:

No investment funds are needed
The application fee is set relatively low at £363 (if applying outside the UK)
You should receive a decision within just 3 weeks using the standard application process
You may be able to pay to receive a faster decision within 1 to 5 working days, depending on where you apply from
You can stay for up to 2 years after at which point you can apply for another visa
You can switch from another type of visa to a Start-up visa
You can bring your dependant partner and children to the UK with you
You are able to work in another job as well as for your business
You are able to travel abroad and return to the UK freely

Why should I apply for an Innovator Visa as a Russia, China, India, Pakistan, or Sri Lanka national?

If you are considering submitting an application for the Start-up or Innovator visa, it is important to understand the differences and benefits of each. Like the Start-up visa, the Innovator visa enables international entrepreneurs from Russia, China, India, Pakistan, Sri Lanka and other countries to establish a genuinely innovative business venture in the UK. The business idea must be unique to the market and be approved by an approved endorsing body. The Innovator visa, however, is for more experienced entrepreneurs with investment funds of at least £50,000.

In addition to the investment funds requirement, the Innovator visa differs from the Start-up visa in that it is issued for an initial period of just 3 years, after which it is possible to apply for ILR (i.e. permanent settlement). As such, the Innovator visa offers an accelerated route to settlement compared to most other visa types, which require holders to reside in the UK for at least 5 years before applying. It is also possible to set up and run several businesses while in the UK on an Innovator visa.

Final words

If you have a unique and innovative commercial idea, then there are truly few better places than the UK to establish and operate your enterprise. The barriers to entry are low, taxes are favourable, administrative burdens are minimal, there is a wealth of skills and expertise available, and many UK investors are willing to invest in innovative businesses. No matter which country you are from, the wealth and business opportunities available in the UK in 2022 and beyond are substantial.

For a free consultation regarding your Start-up or Innovator visa application, please call our immigration law team on 0208 300 6666 or complete the form HERE .

Three Important Considerations Before You File For Divorce

Thu, 16 Dec 2021 13:45:02 GMT

It is a deeply unfortunate fact that the end of year festive period typically corresponds to a large rise in divorces and dissolutions, and this often carries over into the new year.

Research suggests that many couples in this position are already struggling going into the festive period but understandably want to ‘keep it together’ for the sake of their children during this time. Factors that increase the possibility of divorce or dissolution include the added financial pressure experienced by families in addition to family disagreements and tensions which often arise at this time of year. Here will look at three important factors to consider before you file a divorce petition during or after the 2021/2022 festive period.

1. Should I wait for the new ‘No-Fault’ divorce legislation to come into force?

With the new Divorce, Dissolution and Separation Act (DDSA) 2020, which will herald a new era of no-fault divorce in England and Wales, expected to come into force in April 2022, one of the newer considerations is whether to wait. While not everyone is in the position to delay filing a divorce petition, there are several advantages afforded by the new no-fault divorce law, which will ultimately make coming to agreements on important matters during separation more amicable for the good of both parties and any children. When the new Act comes into force, the process of divorce will change considerably, as follows:

one party cannot contest the divorce or dissolution if it is filed by the other person
neither party needs to blame the other for the breakdown of their marriage or civil partnership
one party (or both) will now just need to state in writing that the marriage or civil partnership has irretrievably broken down, and no explanation or evidence is needed
a joint application for divorce or dissolution can be filed where the decision to separate is mutual

Waiting until the new Act comes into force may not be suitable where there is an ongoing risk of harm to the other party or where there is an ongoing financial dispute (e.g. such as concerns that the person in a stronger financial position is trying to conceal or dispose of assets). If you are unsure whether to proceed sooner or wait until the new Act is in place, speak to a family law Solicitor who will be able to advise you.

2. Would counselling or other forms of non-legal dispute resolution help?

Unless there are circumstances that mean divorce or dissolution is certain (e.g. in cases of domestic violence or coercion and control), it is always recommended to try some form of counselling or dispute resolution outside of the legal system. It may be that you want to divorce, but your partner thinks you can work through matters or vice versa. By waiting until the festive period is over and allowing some time and space, it may be that counselling or mediation will allow you or your partner time to gain a new perspective. There is absolutely no shame in seeking help from a neutral third party who specialises in relationships.

It is estimated that around 150,000 couples go for relationship counselling each year in the UK, and according to the Newcastle Centre for Family Studies, nearly 60% of people who seek help from Relate report that their relationship had improved one year after counselling.

3. Have a plan of action

If divorce or dissolution is inevitable, it is advisable to create a clear plan of action for yourself and your children. This will ensure that you take into account all of the important aspects of your lives, what needs to be done for each. We recommend thinking about:

Seeking legal advice from a family law Solicitor who can help you understand the process, you will need to follow, recommend a strategy to meet your needs and wishes and those of your children, support you through the proceedings, and robustly represent you at each stage.

Whether you and your children have a safe place to live during the separation period. You will need to understand your rights to reside in the property in which you currently live. Remember, it does not matter if your name is on the deeds of the property or how much you have contributed to the purchase of a house, because you are married (or in a civil partnership), you both are legally entitled to stay in your home until an agreement is reached or the courts make a decision.

A custody arrangement for your children which is considerate, fair, and amicable. This will greatly reduce the inevitable impact on your children during and after the divorce proceedings.

How you will ensure you have enough financial resources – you may need to seek an interim financial order, especially if you are the more financially insecure party. An interim financial order will ensure that you have enough money until a final financial order is put in place (this is dependant on the decree nisi being finalised). Your family law Solicitor will explain this to you and apply for an interim order as soon as possible.

Final words

Divorce and dissolution is difficult for any couple, regardless of the situation, but by thinking about the three considerations outlined in this article before you commit to filing a petition, you will put yourself in a stronger overall position. All too often, people rush into filing for divorce without allowing time to reflect, seeking external expertise, and putting a plan of action in place first. This can have devastating consequences for both parties and their children, leading to years of acrimony and discord. All of this can be avoided with a balanced and measured approach where it is appropriate.

Getting Access To Your Children This Christmas

Fri, 19 Nov 2021 10:31:01 GMT

According to the ONS’s latest statistics on divorce in England and Wales , there were nearly 108,000 divorces of opposite-sex couples in 2019 and 822 divorces among same-sex couples in the same period – with a marked increase on the previous year in both cases.

Not unsurprisingly, the most commonly cited reason for divorce was ‘unreasonable behaviour’, which, when it comes to agreeing how access to children should be shared, does not bode well. The challenge for many ex-couples with children together is that even if they can find agreement on child arrangements, disagreements may still arise at Christmas. In most cases, disputes can be easily resolved directly between ex-couples by finding an amicable solution, but this is not always possible. So what can be done in such a situation?

Consider the wishes of the child

The key to finding an amicable solution is not just considering the needs of each parent but also the child. Just because both parents want to have their children on Christmas day (e.g. one parent has the child in the morning and the other in the afternoon) does not necessarily mean that this is in the best interests of the child. Splitting the time in this way can be confusing for some children, while others may prefer it. Where possible, it is always useful to listen to the wishes of the child before coming to a final arrangement. So as not to confuse the child, consider offering them two fair options and letting them decide without either parent taking the decision personally.

It is also important to plan early in the year to ensure that suitable preparation and arrangements can be made. For example, if one parent wishes to take their child on holiday during the festive period, it is much better to agree on festive arrangements first before booking the trip.

Seeking professional expertise to reach a decision outside of the courts

In some cases, for a variety of reasons, it is simply not possible for two parents to reach an agreement on arrangements for their child at Christmas. Be assured that there are many experts working in the area of family disputes who are specially trained and experienced in resolving such matters. In the field of family law, we call this Alternative Dispute Resolution (ADR) and is the preferred course of action when familial disagreements arise. There are various methods of ADR used for family law disputes, including:

Mediation

During mediation, both parents discuss the matter and seek to find a resolution in the presence of an independent third party mediator. Both parents can be reassured that the mediation process is entirely impartial and private. Because the matters are discussed ‘without prejudice’, anything that is said is kept within the process and cannot later be used in a court.

Collaboration

Collaboration involves both parents discussing the matter together and seeking to find a resolution but in the presence of their legal representatives. While each person will have their family law Solicitor with them to draw up any agreement reached, the discussion is guided by the parents.

Arbitration

Arbitration differs from mediation and collaboration in that a final decision on the matter being disputed is handed to an impartial third-party accredited ‘arbitrator’ (arbitrators are typically highly experienced in family law) who will have all of the facts to hand from both sides. This is rather like a dispute being decided by a judge in a court but entirely outside of the court system. Any agreement reached will, however, be legally binding.

Seeking a Court order

ADR methods are extremely effective and successful in most disputes where parents cannot find an amicable solution between themselves. So much so that the courts require parents to consider the mediation process by attending a mediation information and assessment meeting (MIAM) before seeking a court order to resolve a matter over parental access. This does not mean, however, that mediation is mandatory; only the MIAM is required. There are some limited circumstances in which a MIAM is not required, however, such as in cases of domestic abuse.

If you have exhausted all options, you may be able to request a Court order. A family law Solicitor can advise on the best approach given the circumstances, including a Child Arrangement Order (CAO), or if one already exists, a variation to the CAO. CAOs are issued in accordance with section 8 of the Children Act 1989. In some cases, a Specific Issue Order (SIO) may be more appropriate. One of the main factors to bear in mind when considering seeking a Court order is that unless it is deemed urgent, it can take several weeks for your matter to be allocated and heard in court.

Summing up

Christmas is a precious time for children, and being able to enjoy this period free of familial tensions is important for their happiness and well-being. There is no one solution to child Christmas custody disputes between parents. In the overwhelming majority of cases, a resolution can be found outside of the Court system. This is preferable as this helps to maintain an amicable and cordial relationship between both parents for the ultimate benefit of the children involved. If you need to discuss a dispute regarding Christmas custody, speak to a family law Solicitor who will be able to explain your options in complete confidence and in the best interests of you and your child/ren. Remember, help and support is available; you just need to ask.

For a free consultation regarding child arrangement orders and resolving Christmas child custody disputes , please call us on 0208 300 6666.

Navigating Divorce For High Net Worth Individuals

Wed, 20 Oct 2021 14:49:52 GMT

In early October, the American press covered the newly announced divorce of Billionaire John Paulson from his wife of 21 years, Jenny Paulson.

John Paulson made his fortune in property speculation in the run-up to the 2008 financial crash while married. It is widely thought that the Paulsons’ divorce may be the most expensive in history, even potentially eclipsing that of Bill and Melinda Gates, and like the Gateses, there is no pre-nuptial agreement in place. In this article, we will look at why nuptial agreements are essential for high net worth couples, why full and frank disclosure of financial assets is a must following divorce, and what can be done if one party hides assets during divorce proceedings.

A pre-nuptial agreement is now essential for high net worth couples

Prenups and postnups have gained in popularity in recent years, but when Bill Gates and John Paulson got married, their use was not particularly widespread. As the names suggest, prenups are legal agreements between two people who are about to get married or enter into a civil partnership agreeing who will own certain assets in the event of divorce, whereas postnups are entered into after the marriage or civil partnership.

Some high net worth individuals may be reluctant to enter into a pre or postnup in the knowledge that the agreement is not legally binding in England and Wales. While this is true, they do make it easier to divide assets and avoid conflict after divorce or dissolution, and hence the courts will take their contents seriously.

Nuptial agreements set out both how matrimonial and non-matrimonial assets should be dealt with. In the case of John and Jenny Paulson, whose wealth was amassed while married, the non-matrimonial assets will likely be of less significance, but for others who have amassed large asset values or received large inheritances and gifts prior to marriage or civil partnership, such an agreement can ensure these are protected.

The main aims of a nuptial agreement are to:

Clarify that the financially weaker party will be secure in the event of divorce
Provide certainty regarding how assets will be handled in the event of divorce (including assets in other jurisdictions)
Provide protection of pre-marital assets from a potential claim
Reduce the potential for costly and drawn-out financial proceedings following divorce or dissolution

For a nuptial agreement to be valid, it must be:

Valid and formed correctly – i.e. a valid contract which is executed as a deed
Timed correctly – it must not be made in the 28 days immediately before the wedding or civil partnership ceremony
Based on full disclosure – as explained below, both parties must provide each other with the information needed to enter into a nuptial agreement.
Based on sound legal advice - both parties must have received legal advice before entering into the nuptial agreement

The importance of full and frank disclosure in high net worth divorce or dissolution

As we wrote in a recent blog involving the high-net-worth divorce case of Tatiana Akhmedova (W) from Russian Billionaire Farkhad (H) Akhmedov, the High Court take a dim view of any deliberate attempt to conceal wealth when disclosing assets. W was originally awarded £453 million in 2016 after the divorce, but H subsequently went to great lengths to conceal his assets from his ex-wife with the help of his son. The High Court sided with W in this case, making it clear that they are not afraid to enforce an order in favour of the less financially well-off party to a divorce.

In any divorce, regardless of the worth of the parties involved, if a financial agreement cannot be reached amicably, then the court can make this decision on their behalf by issuing a financial order. In accordance with Section 25 of the Matrimonial Causes Act 1973, the first step in this is to complete Form E, which requires both parties to list all of their financial interests and assets. This must be a ‘full and frank’ disclosure.

Where a party is suspected of being dishonest in this process, a lawyer can instruct a forensic accountant to uncover the true extent of any assets held and the attempts made to conceal them. This can then be used by the courts to enforce an existing order or create a new financial order, and very often, this is weighed against the party concealing the assets. In addition, any assets which are believed to be at risk of being disposed of can be legally frozen, preventing such actions from being taken.

Final words

If you are about to enter into divorce proceedings or in the midst of coming to a financial agreement with your ex-partner, it is essential to have expert legal representation to protect your interests and those of your children. This is especially important if you and your partner have a high-net-worth to ensure that a fair and amicable financial agreement is reached which meets the needs of all concerned.

For a free consultation regarding high net worth divorce proceedings, please call us on 0208 300 6666.

What is Financial Disclosure in Divorce?

Mon, 27 Sep 2021 15:32:54 GMT

In an ideal world, even in the event of divorce, both parties would always be open, honest, and fair about their financial interests, allowing each other to move on amicably towards their new future.

Unfortunately, this is not always the case, with some believing that they can manipulate the financial settlement process to their own advantage. This is why the law demands full financial disclosure during divorce proceedings, meaning that assets and other financial interests can be apportioned equitably. Anyone who doubts this should review the high-net-worth divorce case of Tatiana Akhmedova (W) from Russian Billionaire Farkhad (H) Akhmedov, which recently reached the High Court in Akhmedova v Akhmedov and others [2021] EWHC 545 (Fam) . In this case, W had been awarded £453 million in 2016, but H spent the intervening years trying to redistribute his assets out of her reach, giving large sums to his son. W sought remedy at the High Court. In ruling in favour of W, Justice Knowles stated of H’s son; “He lied to this court on numerous occasions, breached court orders; and failed to provide full disclosure of his assets. I find that he is a dishonest individual who will do anything to assist his father, no doubt because he is utterly dependent on his father for financial support”. So what does full disclosure of assets entail?

What is meant by full financial disclosure in divorce proceedings?

Both parties to divorce proceedings are required by law to provide ‘full and frank’ disclosure of their finances to ensure that any financial settlement order reached is fair and reasonable. Section 25 of the Matrimonial Causes Act 1973 sets out the basis on which courts are required to come to a fair settlement, including “the income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future”. As such, without a clear picture of the financial resources of each individual, any financial order made is likely to be unfair.

Where parties to a divorce cannot reach an amicable financial settlement between themselves, they may seek to request a financial order from the court. One of the first steps is to complete ‘ Form E’ (Financial statement for a financial order under the Matrimonial Causes Act 1973/ Civil Partnership Act 2004) , which allows the court to gain a full picture of the financial position of each party to a divorce.

What information is required in Form E?

Form E requires a considerable amount of detail, including:

Children and their living and educational arrangements
Child maintenance arrangements
Property owned, including equity value
Bank accounts, including balances
Investments
Life insurance policies
Monies owed to the signatory
Assets worth over £500, including cars, collections, jewellery, furniture
Liabilities
Business assets
Pensions
Any other assets
Income of any sort, including employment, self-employment, dividends, rental income, state benefits.

Form E also covers the financial requirements of each party, including income needs, capital needs, and any other costs. The final section allows the signatory to outline the type of settlement they are seeking, i.e. what to do with the family house, whether a clean break is required, and what should happen with pensions.

What happens if a person does not provide full and frank financial disclosure in Form E?

Intentionally hiding the true extent of financial assets during divorce proceedings is tantamount to lying to the court and, hence, a criminal offence. A judge making a decision on a financial settlement following a divorce will also take any such behaviour into account when issuing an order. If you have reason to suspect your ex-spouse is concealing assets, it is important to explain this to your divorce Solicitor as soon as possible. Where necessary, they can bring in a forensic accountant to look closely at the matter. Forensic accountants are experts in investigating complex financial arrangements designed to hide assets, often in other forms and jurisdictions, such as through offshore trusts. If there is a reason to suspect the other party is going to dispose of an asset, a Freezing Order can be implemented by the court to block this from happening.

Final words

For the sake of both parties and the children involved in a divorce, full and frank disclosure of financial assets is paramount. Courts in the UK do not take kindly to any attempt to mislead them and will come down hard on anyone who attempts to hide their assets from their ex-partner. This is especially so where there is a clear imbalance in financial worth and income potential. A family law Solicitor specialising in divorce financial settlements working in conjunction with a forensic accountant will ensure you achieve the best possible outcome for yourself and your children.

For a free consultation regarding financial settlements during divorce proceedings, please call us on 0208 300 6666.

High Court Grants Relief After Husband Transfers Assets To Prevent Payment of Lump Sum Award to Wife

Tue, 31 Aug 2021 09:37:41 GMT

In 2016, W was awarded £453 million as a financial settlement after her divorce from H. This represented 41.5% of his total assets.

Quoting Tolstoy’s ‘Anna Karenina’, “All happy families are alike, each unhappy family is unhappy in its own way” , the opening sentence of the High Court judgement of Akhmedova v Akhmedov and others [2021] EWHC 545 (Fam) sets the scene in the latest in what has been a real-life saga. Justice Knowles goes on to say, “With apologies to Tolstoy, the Akhmedov family is one of the unhappiest ever to have appeared in my courtroom”. What follows is a case of considerable complexity, but ultimately resulted in the wife, Tatiana Akhmedova (W) of a Russian Billionaire, Farkhad Akhmedov (H), being awarded relief by the High Court after he redistributed substantial sums of assets to prevent her from receiving her financial remedy proceedings award. Rather than spell out every detail of this case, we will provide you with a flavour of what went on in the High Court and the judge’s reasoning for awarding in favour of W.

Background to Akhmedova v Akhmedov and others [2021]

In 2016, W was awarded £453 million as a financial settlement after her divorce from H. This represented 41.5% of his total assets. Since the date of the award, H has refused to comply with the settlement, using a wide variety of schemes and mechanisms to put his assets out of the reach of W, resulting in a long period of enforcement proceedings.

In total, the 2021 case involved eleven respondents, including the son of H, Temur Akhmedov (T), who had been involved in assisting H to redistribute his assets.

W sought relief under the Insolvency Act 1986 (IA 1986) and the Matrimonial Causes Act 1973 (MCA 1973) and asked the court to order the return of the assets.

In accordance with section 423 of the IA 1986, section 79, the judge set out four requirements for the relief to be granted; specifically, “(1) a debtor; (2) who enters into a transaction; (3) at an undervalue; (4) with the purpose of putting assets beyond the reach of or prejudicing the interests of a person with an actual or potential claim”. Transactions in this sense may be informal arrangements and procurements by third-parties. Transferees of such funds have no defence even if acting in good faith or if they are no longer in possession of the transferred funds. Courts also have a “broad discretion to make “such order as it thinks fit” to remedy matters.

W granted relief by the High Court

On the basis of the evidence presented, the High Court concluded that H and T had, indeed, deliberately distributed assets to avoid payment in accordance with the 2016 financial order to W through a complex web of trusts and corporate entities. Indeed, during the proceeding, T stated he was “always involved with my father to help him protect his assets”. The court also saw evidence in the form of Whatsapp messages between H and T in which H said, “I will burn this moneys rather then will give her”; Temur replied, “agree/ doesn’t deserve $1 penny”. Justice Knowles came to the following conclusions:

W had been the victim of a “series of schemes designed to put every penny of the Husband’s wealth beyond her reach”
The transfers of very large sums of money from H to T were clearly driven by the Husband’s overarching desire to keep his assets from W
Transfers to trusts based in Liechtenstein Trusts were, “on Temur’s own admission, intended to put assets beyond the Wife’s reach”
W’s claims against the Liechtenstein Trusts, Borderedge (another of the named respondents) and T were granted.

On T, Justice Knowles was particularly scathing, stating in her concluding remarks, “Temur told me in his evidence that he had helped his father protect his assets from his mother’s claims. He was, indeed, his father’s lieutenant. Temur has learned well from his father’s past conduct and has done and said all he could to prevent his mother from receiving a penny of the matrimonial assets. He lied to this court on numerous occasions, breached court orders; and failed to provide full disclosure of his assets. I find that he is a dishonest individual who will do anything to assist his father, no doubt because he is utterly dependent on his father for financial support”.

Final words

While this case may appear complex, it is, in fact, a simple and clear cut case of an attempt to deprive a wife of money she is legally owed following divorce. It demonstrates the robust stance that English courts take in cases involving the deliberate hiding of assets to avoid payment under a financial order following divorce, even where the amounts awarded are in the hundreds of millions of pounds. It also shows the pragmatic approach they take and willingness to use freezing orders to prevent the disposal of assets regardless of jurisdiction.

If you are involved in financial remedy proceedings, we can provide you with the guidance, legal expertise, and support you need at this difficult time. We will always seek the best possible outcome, with your best interest and needs, and those of your children our primary goal.

For a free consultation regarding financial remedy proceedings and arrangements, please call us on 0208 300 6666.

Financial settlements following divorce – where do you start?

Mon, 02 Aug 2021 14:51:02 GMT

Divorce or dissolution of a civil partnership is emotionally draining for both parties, and this is even before plans are made to apportion finances.

Often ex-couples face having to negotiate a financial settlement while there is a great deal of anger and resentment; making the process more difficult and fraught. Before going into this phase following the breakdown of a marriage or civil partnership, it is important to understand the steps involved, and how to achieve the best outcome possible for you and your children.

Remember, you and your ex-partner are in the driving seat and have the power to come to an agreement regarding what is best for you both (and your children) without any external decisions being made for you.

What are matrimonial assets?

The first stage of working out a financial settlement is to catalogue and agree all of the assets owned as a couple. Any assets acquired during a marriage are considered matrimonial assets, including:

Property – including the family home
Cash
Savings
Investments – e.g. endowments, pensions (private and workplace), shares, overseas investments
Trusts
Motor vehicles
Any property brought into the marriage intended for the family home
Personal assets – e.g. jewellery, antiques, art

You will need additional legal advice if there are any financial assets which cannot be easily split, e.g. an inheritance received during the marriage.

In addition, you will need to work out with your ex-partner how any debts will be treated, including overdrafts, credit cards, tax owed, mortgages and loans.

Once you have a clear and agreed picture of your overall financial situation, the next stage will be to work out a fair split. It may be necessary to involve an expert if there is any doubt regarding the value of an asset, especially for art and jewellery.

Spousal maintenance

After the division of assets, the next question is will be maintenance. Spousal maintenance needs to be considered whereby one of the parties are at a financial disadvantage (i.e. perhaps because on person has looked after the family home, while the other pursued their career). In essence, the aim of this is to allow the party with less financial capacity to adjust to their new circumstances and have the funds to move on to financial independence.

When calculated, spousal maintenance needs to take into account living costs and income (both current and potential). The duration of these payments (and indeed whether it will be paid at all), can be dependent on how long the marriage was (although every case is decided on its own facts).

Another option is to opt for a ‘clean break’, whereby any financial ties between you and your ex-partner are cut, meaning no spousal maintenance is paid by either person. This depends on the individual circumstances of those involved but may be achieved by agreeing a one-off lump sum payment.

Child maintenance

One of the most important considerations for both parties to a divorce is how to ensure the necessary financial resources are available for any children from the marriage. There are several methods of achieving this, including a family-based arrangement, whereby both parents agree an amount to be paid, and a standing-order is setup. This is the easiest method and ensures that communication between parents is maintained. If this is not possible, this can be worked out by the Child Maintenance Service, or by the court.

Working it out amicably vs court proceedings

The universal belief in family law is that any agreement that can be brought about by the parties between themselves will lead to a better result, not just in terms of how the items are split, but also the stress, time and costs associated with a legal process. If a mutual agreement is not possible, the next stage highly advocated by family law specialists is mediation. Mediation, simply put, brings a completely impartial third-party into the equation to help the process of negotiation between the parties.

Mediation can be conducted in different ways to ensure that both people are comfortable. If needed, arrangements can be made for you both to be in separate room, with the mediator ‘shuttling’ between, acting as an intermediary.

Any agreement made during mediation can be made legal and formal by way of a ‘consent order’, which your solicitor will draft, and the court will approve. This document outlines the split of money, property, savings, investments, and how spousal and child maintenance payments will be organised.

If mediation is not an option, or it has been tried but has not been effective, then it may be necessary to request a ‘financial order’ from the court; at the date of writing, the application cost is £255. You should be aware you may need to attend court, and the process can take several months. You must also have attended a Meditation Information and Assessment meeting (MIAM) (except in limited circumstances including situations of abuse). A MIAM is a session attended by you and your ex-partner (in separate sessions), during which the process of mediation is explained. The mediator will help to assess if your dispute is appropriate for mediation. If after the MIAM, other you or the mediator deem it inappropriate, you can then seek the assistance of the court. MIAM’s and the subsequent mediation process are extremely effective in resolving any points of dispute and help to preserve the ongoing relationship of the parties; especially important if children are involved.

Summing up

Divorce brings considerable turmoil in life, but if you can secure the guidance and support of a family law specialist you can completely trust, you can focus on the day to day family aspects of your life, in the knowledge your legal and financial requirements are in the best hands. Working matters out with your ex-partner fairly and directly is highly preferable to court action, but there will always be situations that have become so complex that this is unavoidable. At KLR Solicitors, we can provide you with the guidance, legal expertise, and support you need at this difficult time. We will always seek the best possible outcome, with your best interest and needs, and those of your children our primary goal.

F or a free consultation regarding financial remedy proceedings and arrangements, please call us on 0208 300 6666.

Do You Need To Extend Your Lease?

Mon, 28 Jun 2021 08:42:56 GMT

If you own a leasehold property, you may, one day, need to embark on the process of extending your lease.

And if there is one thing every Residential Property Solicitor knows for sure, it is the longer you have to run on your lease, the better off you are. Owning a leasehold property is like having a long tenancy and the longer that tenancy is, the better off you are in terms of being able to sell your leasehold house or flat now or in the future.

When should I extend my lease?

You should start thinking about extending your lease once it runs down to between 83-82 years. This is because if you renew your lease when it has less than 80 years to run, you will be required to pay the marriage value. The marriage value is the difference in a leasehold property’s value before the 80-year lease is extended and after. The difference between these two amounts will be paid to the landlord so they receive the extra market value of the extended lease.

Top tip –

Never buy a leasehold property where the lease has less than 70 years to run without consulting a Residential Property Conveyancer. Your estate agent may honestly believe that extending the lease on the property is a simple matter; however, your Conveyancer can conduct extensive due diligence on the property and the landlord and provide you with a realistic idea of how much it will cost you in money, time, and stress to extend the lease. It can also be extremely difficult to secure a mortgage on a property with a lease of 70 years or less.

What are the eligibility criteria for extending a lease?

To extend your lease, you must have:

a long lease of 21 years or more.
owned the property for two or more years.
not brought the property through a Shared Ownership Scheme (unless you have achieved 100% ownership).

Currently, owners of leasehold flats can extend their lease for 90 years, house owners by 50 years.

What is the process of extending my lease?

The following is a brief guide to the lease extension process:

Step 1 – Inform your landlord that you plan to extend your lease and will be following the statutory process.

Step 2 – Instruct a Lease Extension Solicitor to advise and represent you.

Step 3 – Have your flat or house valued by a valuer experienced in leasehold extensions and the local property market.

Step 4 – Make an offer to your landlord concerning the premium you are prepared to pay in the form of a Tenant’s Notice (which your Solicitor will draft). The premium is the sum you will pay to the landlord in exchange for a longer lease.

Step 5 – Pay a deposit if the landlord requires one.

Step 6 – Enter into negotiations on the premium. If you and your landlord cannot agree on the amount you will have to apply to the First-Tier Tribunal (Property Chamber) who will establish what the premium should be. It is rare for a case to go to the Tribunal as experienced Leasehold Extension Solicitors are skilled at negotiating fair premiums.

When are the leasehold reforms being introduced?

Under proposed legislation announced in January 2021 , most leaseholders will be able to extend their lease for 990 years with zero ground rent.

At the time of the announcement, Housing Secretary Rt Hon Robert Jenrick MP commented:

Across the country people are struggling to realise the dream of owning their own home but find the reality of being a leaseholder far too bureaucratic, burdensome and expensive.

We want to reinforce the security that home ownership brings by changing forever the way we own homes and end some of the worst practices faced by homeowners.

These reforms provide fairness for 4.5 million leaseholders and chart a course to a new system altogether.

Top tip –

There has been no indication of when the new leasehold reforms will be implemented; so far, only a draft Bill has been published. If your lease has less than 83 years to run it is important to speak to a Solicitor about renewing it as soon as possible.

Wrapping up

Extending your lease is essential once its length runs down to 83-82 years (notice how we keep repeating this fact. We want to sear this message into your brain, so you avoid paying the marriage value). As long as you instruct an experienced Solicitor and valuer, the process of extending your lease should run smoothly.

Our team advise and represent landlords and leaseholders in all aspects of leasehold extensions, leasehold enfranchisement, and right to manage. For a free consultation please call us on 0208 300 6666 .

Divorcing A Narcissist

Mon, 14 Jun 2021 08:44:23 GMT

What is Narcissistic Personality Disorder?

Although the term ‘ narcissist’ is used regularly to describe celebrities and influencers, a person with Narcissistic Personality Disorder (NPD) is on a completely different level to those who enjoy social media and occasionally come across as a bit full of themselves. People with NPD are not only at much higher risk of experiencing a relationship breakdown (including divorce), but studies have also found narcissism to be a significant predictor of violence, including domestic abuse. Furthermore, a person in a relationship with someone with NPD can experience narcissistic abuse which can lead to Post-Traumatic Stress Disorder (PTSD) and other mental health problems such as anxiety and depression.

What is Narcissistic Personality Disorder?

NPD is a recognised mental illness. According to the Diagnostic and Statistical Manual of Mental Disorders (DSM), a guidebook used by mental health professionals, particularly in the United States, possessing five or more of the below traits are indicative of someone having NPD:

Like all mental health issues, narcissism is scalable. For example, Steve Jobs, Tiger Woods, and even Bill Gates have been accused of being narcissists; however, although this may make them unpleasant to live with, it does not mean they have full-blown NPD. Malignant narcissism is another often-used term, which refers to someone with NPD and Anti-Social Personality Disorder (formally known as psychopathy). Malignant narcissism and narcissism are not referred to in the DSM; therefore, they are not recognised as mental illnesses, unlike NPD which is.

How do those with NPD present in a relationship?

To maintain their grandiose sense of self and gather the admiration they crave, people with NPD are at first charming and often highly romantic. However, as the relationship develops, the negative traits associated with narcissism begin to unfold. In Narcissism and Romantic Relationships: The Differential Impact of Narcissistic Admiration and Rivalry , the authors reveal that:

“to defend their own superior status, people high on narcissism tend to derogate others who threaten

their grandiose self-views, resulting in socially insensitive, selfish, hostile, and aggressive behaviours. For example, individuals with high scores on narcissism have been found to blame their own failures on others, to react hypersensitively when criticized, and to exploit their social partners”

People whose partner’s have NPD go through a regular rollercoaster of being idealised and then devalued. The idealisation stage consists of romance, kindness, and ‘love-bombing’. However, should their partner criticise them or fail to provide adequate praise, they will be quickly devalued and subjected to criticism, abuse, and perhaps infidelity (people with NPD usually have multiple sources of ‘admiration’ on the go at once). The victim is left wondering what they have done wrong and desperately tries to please the narcissist so they can experience the ‘love-bombing’ phase again. And so, the pattern repeats itself until the victim gathers up the shreds of their self-esteem and leaves the relationship.

Divorcing a narcissist

When a victim leaves someone with NPD, it triggers off a powerful sense of abandonment which can lead to what is known as a ‘narcissistic injury’. A narcissistic injury can result in the person with NPD acting vindictively or even violently. Victims who become fearful for the safety of themselves and their children, can apply to the Court for a Non-Molestation Order and/or an Occupation Order .

Although working out the financial settlement and arrangements for children via round-table negotiation and mediation is encouraged under the family law system in England and Wales, such methods are unlikely to be suitable where one party to the divorce has NPD.

Because narcissists lack empathy and have no problem with telling untruths, it is best to apply to the Court to make the necessary decisions. It is also important to be aware that a person with NPD may attempt to issue legal proceedings over and over again in order to maintain some form of control over their former spouse/partner.

Summing up

People with NPD are almost impossible to treat as a narcissist will never admit they are one and should someone try to accuse them of narcissism, they are likely to fly into a rage. It has been widely stated that it takes on average, seven attempts before a victim can leave someone with NPD. Therefore, those courageous enough to break free will benefit from instructing a Family Law Solicitor who understands NPD and can protect the best interests of the victim and their children throughout the divorce process and beyond.

For a free consultation regarding getting a divorce, please call us on 0208 300 6666 .

Narcissism and Romantic Relationships

A Quick Guide To Getting A UK Spouse Visa

Tue, 01 Jun 2021 12:14:36 GMT

Falling in love and marrying a British Citizen (or someone who has Indefinite Leave to Remain) and deciding to move to the UK should be an exciting time.

Falling in love and marrying a British Citizen (or someone who has Indefinite Leave to Remain) and deciding to move to the UK should be an exciting time. However, unless you understand the rules and process for getting a UK Spouse Visa, excitement can quickly turn to stress and anxiety. The best way to ensure your UK Spouse Visa application is successful is to work with an experienced Immigration Solicitor. They will take time to understand your circumstances, evaluate the strengths and weaknesses of your application, and make sure all your supporting documentation is present and submitted in the correct order.

Below is a brief guide to obtaining a UK Spouse Visa.

What are the eligibility requirements for a UK Spouse Visa?

To successfully apply for a UK Spouse Visa, as a couple, you must provide evidence that:

One of you is a British Citizen or has Indefinite Leave to Remain, EU Settled Status, or Refugee Status in the UK.
You are both over 18 years.
You have met each other and are legally married.
You intend to live together and have adequate accommodation
You meet the financial requirements of £18,600 per year (this increases if you have children).
You meet the English language requirements.

What supporting documents will I need when applying for a UK Spouse Visa?

At a minimum, you and/or your spouse will need to provide the following documents:

Your passport.
Your Indefinite Leave to Remain, EU Settled Status, or Refugee Status documents.
Your marriage or civil partnership certificate.
Details of your parent’s nationality and when they were born.
Your National Insurance number (the person coming to the UK to live may not have one).
Particulars about your UK accommodation, i.e. your lease agreement or mortgage. It is fine if you are living with family members; however, your caseworker will want to see evidence that the accommodation you are living in is not overcrowded.
Bank statements, letters from your employers, payslips, and any other documents that show you meet the Minimum Salary Requirement.
Information regarding any children.
Your travel history.

An Immigration Lawyer will not only advise you on what documents you need to supply but also the correct order to put them in.

What if I do not meet the Minimum Salary Requirement?

The starting point is £18,600. This is the sum required for a couple. Where the couple has children, the sum is increased as follows:

£3,800 for one non-British or non-settled or non-EEA child.
£2,400 for each additional non-British or non-settled or non-EEA child.

You can meet the Minimum Income Requirement through savings. To qualify, you will need a base figure of £16,000 plus a further amount of 2.5 times the difference between the gross Minimum Income Requirement and the actual gross annual income you receive.

In certain circumstances, you can use funds provided by third parties such as a family member. It may also be possible to remortgage your property to make up for any shortfall. Furthermore, the caseworker dealing with your application must consider the best interests of any children involved.

What can I do if my Spouse Visa application is refused?

Unless you have a human rights claim, you are not able to appeal a UK Spouse Visa refusal. Human rights claims usually involve an applicant claiming that in refusing their Spouse Visa, the Secretary of State for the Home Office has breached your right to private or family life under art.8 of the European Convention on Human Rights (ECHR). An Immigration Lawyer will quickly advise you as to whether you have a right of appeal under the (ECHR).

If there is no right of appeal, you will need to either reapply for your visa or apply for Judicial Review. Judicial Review is the process in which the Courts consider the legality of a public body’s decision.

Final words

The UK governments commitment to reducing net immigration has resulted in Spouse Visa applications regularly being refused. The best way to increase your chances of success is to work with an experienced Immigration Solicitor who can advise and guide you through the entire process.

Our immigration lawyers can advise and represent you on all aspects of immigration law. For a free consultation please call us on 0208 300 6666.

What Happens When You Die Without A Will?

Tue, 01 Jun 2021 11:57:58 GMT

If you ever find yourself stuck talking to someone at a party and need to escape, just begin a conversation about death.

If you ever find yourself stuck talking to someone at a party and need to escape, just begin a conversation about death. After taking an initial gracious interest, they are almost guaranteed to start looking uncomfortable and politely move away. Despite being the one sure thing that we all have in common, people, in general, find talking or even thinking about death awkward. It is no wonder; therefore, that around 60% of adults do not have a Will. Furthermore, few understand the consequences of dying intestate.

What does it mean to die intestate?

If you end your time on earth without having a valid Will in place, legally you have died intestate. Therefore, because you have not drafted a document that sets out how and to whom you want your property and assets distributed after your death, the State steps in and does it for you. In England and Wales, this is achieved under the Rules of Intestacy.

What are the Rules of Intestacy?

The Rules of Intestacy are a set of provisions that determine how a deceased’s property and assets will be distributed if they do not have a valid Will.

Under the Rules, the deceased’s estate will be dispersed as follows:

If there are no children but the deceased was married or in a civil partnership, the spouse or civil partner receives the entire estate. This is true even if the couple has been separated for many years.

In cases where there are children, the spouse or civil partner will receive the first £270,000 of the estate plus half of the remainder. The other half will be divided equally among the surviving children.

In cases where the deceased was living with a partner, the partner is entitled to nothing under the Rules. If there are surviving children, they will receive all the estate to be divided between them. If the deceased has no surviving children, the estate will go to grandchildren, parents, or siblings, depending on the circumstances. If there are no living relatives, the estate will revert to the Crown.

The Rules of Intestacy can result in devastating unfairness. For example, you may have been living with your partner for decades and have every intention of ensuring they are provided for after your death. However, without a Will, they are not entitled to any of your estate. Another intestacy situation that can cause distress is where a couple is separated but have not divorced or had their civil partnership dissolved. In this situation, the spouse or civil partner would be entitled to a significant share of the estate. You may have wanted your children to inherit everything; however, unless you have a valid Will, they will only receive 50% of the residual estate. The rest will go to your estranged spouse or civil partner.

What happens to my children if I die without a Will?

If you have children, it is imperative to set out in a valid Will who you want to become their guardian/s should you and their other parent die simultaneously. Without an appointed guardian, orphaned children become the responsibility of the Courts who may place them in care whilst deciding who should become their guardian. Furthermore, they will only receive a small portion of your estate.

How do I make a valid Will?

Under section 9 of the Wills Act 1837, “No will shall be valid unless:

(a) it is in writing, and signed by the testator, or by some other person in his presence and by his direction; and

(b) it appears that the testator intended by his signature to give effect to the will; and

(c) the signature is made or acknowledged by the testator in the presence of two or more witnesses present at the same time; and

(d) each witness either—

(i) attests and signs the will; or

(ii) acknowledges his signature, in the presence of the testator (but not necessarily in the presence of any other witness), but no form of attestation shall be necessary.”

It is always sensible to have a Solicitor advise you and undertake the drafting of your Will. Although you can purchase DIY Wills from stationery stores, not investing in legal advice means you run a significant risk of neglecting to consider one or more aspects of your estate or making an invalid Will. Both these situations could result in a family dispute developing and the Will being challenged in Court.

Final words

The Coronavirus pandemic has shown us how fragile life is. Ensuring your affairs are in order before you die is a gift you can give to your loved ones. When the time comes, which it inevitably will, they will appreciate being able to distribute your property and assets as you would have wanted, free from the stress of having to second guess your true wishes.

Our Wills Solicitors can advise you on all aspects of Wills and estate planning. For a free consultation please call us on 0208 300 6666.

Protecting Your Interests When Buying A New Build

Fri, 07 May 2021 08:56:55 GMT

Oh, the joy of walking into a newly built home.

The fixtures and fittings have been carefully picked, the oven is new, the paintwork uncuffed and not a scratch appears on any of the floors…no wonder the UK’s biggest homebuilder Barratt Developments has announced it is planning to build an extra thousand homes this year – demand for new builds has never been greater.

Barratt Development’s chief executive David Thomas told Building.co.uk :

“We have seen strong demand for our high quality, energy efficient homes on well-designed developments […]. As construction activity has increased our employees and sub-contractors have worked hard to maintain our high standards of quality and service.”

Light, airy, and subject to strict environmental and safety standards, a new build home allows you to move in and forget about decorating and repairs, at least in the immediate future. However, case law digests and newspapers are full of many sorry tales concerning disputes between new build owners and the builder and/or developer. To ensure you do not suffer buyer’s remorse (and have to pay thousands of pounds in costs to remedy the situation), you must conduct the same level of due diligence on a new build as you would if you were purchasing an 18 ^th century cottage.

Below are some tips to ensure your new build purchase and the first few years in your new home are problem free.

Research the development and the developer

In 2019, an independent review into the UK's second biggest housing firm Persimmon, showed the company did not have an agreed minimum standard for all the homes it builds. This was found to lead to an increase in defects and safety concerns. For example, some houses did not have fire-stopping cavity barriers, or they had been incorrectly installed. The report stated that this was "a systemic nationwide problem", which was "a manifestation of poor culture coupled with the lack of a group build process".

Online reviews can provide insight into the quality of the developer and the sub-contractors they use; however, Google reviews are unregulated so treat them with caution. If you are buying a new build on a development that has already been partially built, ask some of the owners about their experience with the building process.

Last summer, the Housing, Communities and Local Government Committee called for evidence on its draft Building Safety Bill. The Bill provides for a New Homes Ombudsman.

Housing Minister, Rt Hon Robert Jenrick MP said when announcing the creation of the New Homes Ombudsman in February 2020:

It’s completely unacceptable that so many people struggle to get answers when they find issues with their dream new home.

That’s why the Ombudsman will stop rogue developers getting away with shoddy building work and raise the game of housebuilders across the sector.

Homebuyers will be able to access help when they need it, so disputes can be resolved faster and people can get the compensation they deserve.

The Building Safety Bill is currently progressing through Parliament and is expected to receive Royal Assent in late 2021.

Conduct a snagging survey

In most cases, developers and builders act with the utmost professionalism and any defects found in a new build home are generally minor and cosmetic. To pick up any flaws, you would be wise to invest in a snagging survey. This is a visual survey that checks the quality of the workmanship against applicable standards. A snagging survey should cover the interior and exterior of the property, plus the garden, driveway, and garage. Although the best time to commission a snagging survey is before you exchange contracts, many developers will refuse to allow one to be done before completion. If this is the case, have the survey completed as soon as possible after you move in.

Make sure your builder is required to comply with the Consumer Code for Home Builders

The Consumer Code for Home Buildersis an “industry-led scheme which gives protection and rights to the purchasers of new homes, ensuring that new home buyers are treated fairly and are fully informed about their purchase before and after they sign the contract.” All builders who are registered with the NHBC and other home warranty bodies that back the scheme have agreed to comply with the Code.

The scheme also includes a low-cost disputes resolution mechanism to deal with complaints regarding breaches of the Code.

Check the warranties

Most new-build homes have a 10-year warranty for building problems plus a developer’s warranty – usually for two years – for fixtures and fittings. You need to ensure that before you exchange contracts, you receive the details of the insurance-backed home warranty that is included with the new build. This should contain the details of what the warranty will cover.

In summary

One of the main attractions of a new build property is that you can move in and not have to fill your free time with DIY and redecorating. Most often, new home purchases proceed smoothly. However, like all conveyancing transactions, things can and do go wrong, sometimes drastically. Choosing a Conveyancing Solicitor that is experienced in transactions involving new builds mitigates your risk of discovering any ‘nasty surprises’ after you finish unpacking the boxes and are hoping to relax.

Our team can advise and represent buyers and sellers in all aspects of residential property sales and purchases. For a free consultation please call us on 0208 300 6666.

Settled Status Deadline Approaching

Wed, 21 Apr 2021 15:21:09 GMT

The deadline for obtaining Settled or Pre-Settled Status under the EU Settlement Scheme is fast approaching. Applications must be received by 30 June 2021 and anyone applying must have started living in the UK on or before 31 December 2021. Deadlines differ if you are applying to join a family member or applying under the Surinder Singh route.

There have been several stories in the media concerning EU citizens who have applied for Settled Status but have been granted Pre-Settled Status instead. Pre-Settled Status is less secure than Settled Status and to go on to qualify for Settled Status after five years continuous residence, you must not leave the UK for more than six months in any 12-month period.

Why is Settled Status refused?

The latest high-profile case of an application for Settled Status being refused is that of BBC producer, journalist, and campaigner for The3Million, Dahaba Ali. Ms Ali has lived in the UK for 17 years, having been granted refugee status along with her mother in the Netherlands after fleeing Somalia when she was 10 years old.

Following her Settled Status application in October 2020, Ms Ali received a letter from the Home Office stating:

“Your application has been carefully considered but unfortunately from the information available you do not meet the requirements of the scheme. I am sorry to inform you that your application has therefore been refused.”

A Home Office spokesperson told The Guardian that Ms Ali’s application to the EU Settlement Scheme was refused because requests for evidence regarding her continuous residence in the UK were ignored.

“She [Ms Ali} is able to reapply to the scheme by 30 June 2021 and we encourage her to get in touch with the helpline where our dedicated staff can support her to provide the requested evidence.

“We made several repeated attempts to contact her over a number of weeks – by email, phone and text – but the evidence requested was not provided. We accept a range of evidence and will work with people on a case-by-case basis to consider other evidence if necessary.”

Ms Ali, stated that the emails from the Home Office had gone straight to her spam folder. It was not until she received the refusal letter that she became aware there was a problem.:

“I immediately knew it was a mistake and I got help and took to Twitter. But if the process went wrong for me, then what about the people who are so vulnerable they don’t even know their own rights?”

“An obvious example is my own mother who can’t read or write. If her application had been denied, how would she have known? What would have happened to her? I just can’t help but think that if the Home Office had wanted to get hold of me, they would have sent a letter and tried a lot harder than they did with me.

“I think it’s going to be a huge issue after June when employers and landlords start demanding proof of your status. I just didn’t think it would be my case that would highlight it.”

Ms Ali’s situation is an example of a common reason for Settled Status being refused – the Home Office requires further information and for some reason, it is not provided. Another reason Pre-Settled Status instead of the expected Settled Status is granted is because of an administrative error on the Home Office’s part.

Can I appeal if my Settled Status application is refused?

The Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations, which came into effect after 11pm on 31 December 2020 (EU Exit Day), provides a right of appeal for EU Settlement Scheme applicants. However, you can only appeal if your application was submitted after 11pm on 31 December 2020. If your refusal relates to an application made before EU Exit Day, you have the option of resubmitting the application or applying for Administrative Review or Judicial Review.

Appeals must be made promptly – the deadline is 14 days if you are in the UK or 28 days if you are outside the country.

Summing up

If your Settled Status application has been refused, it is imperative to speak to an experienced Immigration Solicitor. They will carefully look at the reason for your refusal and advise on whether it is best to appeal, apply for Administrative Review or Judicial Review, or submit another application with the correct evidence. Seeking legal advice can save you vast amounts of time, not to mention stress, that comes with trying to sort matters out with the Home Office yourself. An Immigration Lawyer can swiftly get in touch with the right person and submit the details the department needs to grant you Settled Status.

Our immigration lawyers can advise and represent you on all aspects of immigration law. For a free consultation please call us on 0208 300 6666.

Woman rejected for settled status despite living in UK for 17 years | UK news | The Guardian

Home Office Plans To Overhaul Asylum System

Tue, 30 Mar 2021 09:03:56 GMT

Home Office Plans To Overhaul Asylum System

On 24 March 2021, the Home Office published a policy statement entitled A New Plan for Immigration aimed at building a “fair but firm asylum and illegal migration system”. The announcement has caused considerable controversy as it is based on the Australian ‘No Way’ policy , which included posters that included the tagline: "You will not make Australia Home”.

The poster goes on to state:

"If you get on a boat without a visa, you will not end up in Australia. Any vessel seeking to illegally enter Australia will be intercepted and safely removed beyond Australian waters."

Home Secretary, Priti Patel has suggested the UK could adopt an Australian-style approach. She is looking at amending sections 77 and 78 of the Nationality Immigration and Asylum Act 2002 to allow asylum seekers to have their applications processed outside of the UK, thereby leaving “the option open, if required in the future, to develop the capacity for offshore asylum processing”.

Why is the British Government overhauling the asylum system?

Over the past decade, the current Conservative Government has made many pledges to reduce the number of people coming to the UK via boats or lorries that are usually operated by people smugglers. Almost 300 asylum seekers have died trying to cross the English Channel in boats since 1999. In 2019, 39 people were found dead in the back of a truck container in South West England. The container had travelled via ferry from Belgium. In April 2020, lorry driver Maurice Robinson pleaded guilty to manslaughter.

Part of the reason the Home Secretary wants to reform asylum law is to eliminate these types of tragic events. In her introduction to the policy statement, Ms Patel states:

“Illegal immigration is facilitated by serious organised criminals exploiting people and profiting from human misery.

It is counter to our national interest because the same criminal gangs and networks are also responsible for other illicit activity ranging from drug and firearms trafficking, to serious violent crimes.

And if left unchecked, illegal immigration puts unsustainable pressures on public services.

It is also counter to our moral interest, as it means people are put in the hands of ruthless criminals who endanger life by facilitating illegal entry via unsafe means like small boats, refrigerated lorries or sealed shipping containers.”

What are the changes set out in the asylum reform policy statement?

The main (though not all) changes set out in the policy statement are as follows:

People who arrive in the UK via a “safe and legal route” will be offered benefits not provided to those entering the country through people smuggling routes. These include being granted Indefinite Leave to Remain on arrival (if asylum is granted), extra funding for integration programmes, and a possible tweak to the family reunion rules to allow “unmarried dependent children under the age of 21” come to the UK if both parents are settled (the age limit is currently 18 years).

Asylum seekers who enter the UK through ‘safe’ countries such as France will have fewer rights. The Home Office has declared that “anyone who arrives in the UK illegally – where they could reasonably have claimed asylum in another safe country – will be considered inadmissible to the asylum system, consistent with the Refugee Convention”. Although the policy statement says that sections 77 and 78 of the Nationality, Immigration and Asylum Act 2002 will be amended so that people who have a pending asylum claim or appeal can be removed, in practice, asylum seekers cannot be sent to another country (even if they passed through it to get to their current destination) without securing a return agreement. Following the end of the Brexit transition period, the UK cannot simply send asylum seekers back to France. Therefore, the Home Office is proposing to grant those who come to the UK by clandestine means ‘temporary protection status’. They will only be allowed to remain in the UK for 30 months and will not be able to access public funds. Again, such a move may breach the 1951 UN Refugee Convention (which the UK government helped draft) which states that countries cannot penalise people in need who come "directly" from their homeland - or anyone who has "good cause" to enter a nation illegally.

The legal test for establishing a ‘well-founded fear of persecution will be lowered from that of ‘on the balance of probabilities’ to ‘reasonable likelihood’.

A good faith requirement will be added to individuals and their representatives bringing claims or appealing an asylum decision.

The introduction of an expanded ‘one-stop’ process to ensure that asylum, human rights claims, referrals as a potential victim of modern slavery and any other protection matters are made and considered together, ahead of any appeal hearing. According to the policy statement “This requires people and their representatives to present their case honestly and comprehensively – setting out full details and evidence to the Home Office and not adding more claims later which could have been made at the start.”

What you can do to protect your interests if you want to claim asylum in the UK

Firstly, do not panic. Many of the suggested reforms will need to go out for consultation; therefore, changes will not happen quickly. If you are seeking asylum, your chance of making a successful application greatly increases if you have legal advice and representation. Our Immigration Solicitors can provide expert support and assist you throughout the asylum process. If your claim is successful and you are granted refugee status, we can also assist you with bringing your dependent family members to the UK under the Family Reunion route.

Our immigration lawyers can advise and represent you on all aspects of immigration law. For a free consultation please call us on 0208 300 6666.

New Plan for Immigration - GOV.UK (www.gov.uk)

Australia: Controversial 'No Way' anti-Immigration Advert Sparks Outrage (ibtimes.co.uk)

Positive News For First-Time Home Buyers

samanthi.perera@klrsolicitors.co.uk (Samanthi Perera) — Mon, 22 Mar 2021 10:44:43 GMT

Positive News For First-Time Home Buyers

At the Conservative Party Conference last year, Prime Minister Boris Johnson said that it was “disgraceful” that today’s young people struggled far more than previous generations to buy their own home. He stated:

“We need now to take forward one of the key proposals of our manifesto of 2019: giving young, first-time buyers the chance to take out a long-term, fixed-rate mortgage of up to 95% of the value of the home – vastly reducing the size of the deposit.”

Earlier this month, Chancellor Rishi Sunak implemented this promise in his Spring Budget. Alongside extending the Stamp Duty holiday , government-backed low deposit mortgages are being introduced in April 2021 and will run until December 2022.

How will the 95% government-backed mortgage scheme work?

The Coronavirus pandemic and associated economic consequences resulted in almost all low-deposit mortgages disappearing off the market. This has made it hard for first-time buyers to purchase a home of their own, especially in London and the South East.

Mr Sunak’s scheme means banks can purchase a guarantee on the portion of a mortgage between 80% and 95%. If a borrower defaults on their mortgage and their property is repossessed, the government will cover the guaranteed portion of the lender’s losses.

“Credit-worthy” households purchasing homes valued at £600,000 and under will be eligible for the scheme. Second-home and buy-to-let purchases are excluded.

What will the interest rates be on 95% mortgages?

Two mortgage experts made the following predictions to The Guardian :

“Miles Robinson, the head of mortgages at the online mortgage broker Trussle, says: “At the moment, 90% LTV mortgage rates are 3% to 3.5%, so we could expect 95% LTV mortgage rates to be between 3.5% to 4%. However, there’s the potential that lenders will adjust 90% LTV rates as well as launching 95% LTV deals, so we could see slightly lower deals coming through.”

Nick Morrey, the product technical manager at the broker John Charcol, says: “I would expect the 95% products to range from 3.49% to 3.99%, with some going over, depending on length – for example, five-year fixed rates without a product fee.”

Lenders must offer a five-year fixed rate on all 95% mortgages.

What are the risks associated with a low loan-to-value mortgage?

The biggest risk of having a small deposit when taking out a mortgage is if the property market slumps your home may be worth less than what you have borrowed. This is known as being in negative equity.

If you plan to apply for a 95% mortgage, it is important to consider how long you plan to live in the property you are purchasing. A two-bed apartment in Zone 3 may be perfect if you are single or a couple with no children. But if you plan to start a family in the next five years, falling into negative equity may result in you being unable to sell up and upsize. However, if you plan to live in your new home for the foreseeable future, negative equity is unlikely to affect you as in the long run, property prices always rise.

How can I mitigate the risk of being in negative equity?

The best way to avoid ending up in negative equity is to instruct an experienced Residential Property Solicitor to undertake your conveyancing transaction. They will ensure the necessary checks are done on the title and the right property searches are conducted, especially Water and Drainage, Local Government, and Flooding Searches. This will ensure you do not unwittingly purchase a property that falls in value due to title defects or the local authority announcing they have permission to build a new road through your back garden.

Overpaying your mortgage is another way to hasten the increase in equity you have in your home. Most mortgage lenders will allow you to overpay by a certain percentage. If this is not possible, you can put the overpayment funds in a separate account and pay a lump sum when your fixed-rate term ends.

Final words

The government-backed 95% mortgages scheme will make it easier for many first-time buyers to save for a house deposit. By instructing an experienced Conveyancing Solicitor to advise you on the purchase, you can be confident your best interests will be protected.

Our team can advise and represent buyers and sellers in all aspects of residential property sales and purchases. For a free consultation please call us on 0208 300 6666.

Rishi Sunak Likely To Extend Stamp Duty Holiday (klrsolicitors.co.uk)

Budget 2021: what do the changes mean for homebuyers? | Property | The Guardian

Rishi Sunak Likely To Extend Stamp Duty Holiday

samanthi.perera@klrsolicitors.co.uk (Samanthi Perera) — Thu, 25 Feb 2021 16:32:55 GMT

Chancellor Rishi Sunak is expected to announce an extension of the Stamp Duty Land Tax (SDLT) holiday in the Budget on 3 March 2021.

Confirmation of an extension will be welcomed not only by purchasers and sellers but estate agents and Residential Property Solicitors.

There are serious concerns about the stability of the property market, with experts predicting that the mini-housing boom experienced over the past six months will quickly fizzle out as the economic realities of the Coronavirus pandemic start to bite.

However, some question whether extending the SDLT holiday is simply delaying the inevitable and falsely inflating the property sector, especially as the Office for Budget Responsibility has forecast unemployment will hit 7.5% by mid-2021.

At present, more than 200,000 house buyers risk their transaction not completing by 31 March 2021 when the SDLT holiday is scheduled to end.

The fact that a possible extension of the SDLT holiday has been widely reported is a strong indication that it will happen. However, one thing this pandemic has taught us is that things can change very quickly. Therefore, it would be unwise to make any plans that involve financial commitments on the back of such media reports.

What is the SDLT holiday and when was it introduced?

To ensure the property market did not collapse following the first lockdown in March 2020, the Treasury raised the SDLT threshold from £125,000 to £500,000 for property sales in England and Northern Ireland, effectively creating a stamp duty break for all but the most expensive houses.

SDLT over the first £500,000 is calculated as follows:

The above applies to people who are purchasing a property that will be their only home.

If you are purchasing an additional home, the SDLT rates up until 31 March 2021 are as follows:

The SDLT holiday was announced in July 2020 and resulted in a surge in market activity. The Centre for Policy Studies reported that house sales had increased to their highest level since before the 2007 financial crisis.

Announcing the holiday, Mr Sunak said:

"House prices have fallen for the first time in eight years and uncertainty abounds in the market, a market we need to be thriving.

"We need people to be feeling confident - confident to buy, sell, move and improve. That will drive growth, that will create jobs. So, to catalyse the housing market and boost confidence, I have decided today to cut stamp duty.”

Why is the housing market so important?

It cannot be underestimated how vital a strong property market is to the overall economy. For most people, their home is their most valuable asset. Therefore, when property prices are high, people feel confident enough to spend more money. When house values fall, owners reduce their spending and save.

As the economic consequences of the Coronavirus pandemic begin to bite, the vulnerability of the property market, given an artificial boost by the SDLT holiday, will be clearly exposed. However, extending the SDLT holiday until June merely delays the problem for another three months. Therefore, the Treasury may extend the holiday only for those at a specific stage of the sale and purchase transaction, for example, parties who have exchanged contracts. Alternatively, the tax relief amount may be slowly reduced over the coming months, with the hope that the vaccine rollout, coupled with the and easing of lockdown restrictions, will ensure stability in the property market.

If you are concerned about your property sale and purchase transaction or want to know more about the SDLT holiday or possible extension, please get in touch.

Our team can advise and represent buyers and sellers in all aspects of residential property sales and purchases. For a free consultation please call us on 0208 300 6666 .

Turning point in house price boom as growth slows to lowest rate in six months (telegraph.co.uk)

How Pensions Are Divided In A Divorce Financial Settlement

Thu, 18 Feb 2021 10:43:45 GMT

Next to the family home, pensions are the most common cause of agitation and disputes in a divorce financial settlement.

It can be very disconcerting to discover that you may have to split your private and/or company pension, especially if you have been the main financial earner throughout the marriage. Of all the potentially divisible matrimonial assets that provoke a sense of “that’s not fair” (from both spouses, regardless of the decision), pensions top them all.

To mitigate the risk of a costly, emotionally draining dispute, it helps to understand how pensions are divided in a divorce. It is also wise to remember that pensions are an asset, no different to a car or a house. They often feel more personal because, especially in the case of workplace pensions, they are generated independently. However, the law does not see it that way, it is only interested in creating a fair outcome for both parties.

In July 2019, the Pension Advisory Group (PAG) released a report entitled, A guide to the treatment of pensions on divorce . The paper was endorsed by Sir Andrew McFarlane, President of the Family Division and the contained guidance is considered best practice by divorce lawyers and judges alike in pension division matters.

What are the options for dividing a pension in a divorce?

There are several options for dividing pensions:

Pension sharing

Under a Pension Sharing Order which is made by the Court, one party is given a percentage share (referred to as a pension credit) of their ex-spouse’s pension pot. The pension credit can be transferred to an existing or new pension scheme.

The advantage of a Pension Sharing Order is that it provides both parties with a clean break in terms of the pension element of the divorce financial settlement.

Pension offsetting

Under the pension offsetting option, one party retains their entire pension in exchange for other assets. For example, one spouse might keep their pension, the other the family home. If the pension pot is worth less than the family home, the pension-holder could forgo the equivalent value of the property.

Pension attachment (formally known as pension earmarking)

In this scenario, the Court will make a Pension Attachment Order. This will provide for a portion of one party’s pension to be set aside for their ex-spouse. The ex-spouse will receive their percentage when the pension starts being paid out.

One of the downsides of this option is it does not provide for a clean break. Furthermore, if the pension holder dies before they retire, the receiving spouse may miss out on collecting their percentage of the pension fund.

Deferred pension sharing

Often used as a solution for couples where there is a large age gap, the receiving party will claim a portion of the pension once they reach retirement age.

Deferred lump sum

The receiving party will be paid their share of their ex-spouse’s pension in a lump sum at a later date.

How do I or the Court decide which is the best pension sharing option?

Wherever possible, round-table negotiation and/or mediation will be used to resolve any pension disputes. Your Solicitor and, if the matter cannot be resolved through negotiation or mediation, the Court will consider the factors under section 25 of the Matrimonial Causes Act 1973 .

The PAG report encourages divorce Solicitors to undertake a “comprehensive gathering of information regarding the parties’ pension assets” and “ensure that aspects of pension entitlements which may not be immediately obvious are identified, for example, death benefits and guaranteed annuities and various other potentially complicating features”.

The guidance also states that Solicitors should evaluate at an early stage whether or not a Pension on Divorce Expert (PODE) should be appointed. PODEs can be independent financial advisors, actuaries, or accountants. They act as advisors in complex pension-sharing cases, usually involving people of high-net-worth, to ensure a fair outcome is achieved.

Final words

The best way to ensure a fair outcome for pension division in a divorce is to instruct an experienced family law Solicitor. They will ensure a PODE is instructed if necessary and do everything possible to help you resolve disputes outside of Court. Furthermore, once an agreement is reached, they will draft a Consent Order to make the deal legally binding.

For a free consultation regarding pension sharing in a divorce, please call us on 0208 300 6666.

A Guide to the Treatment of Pensions on Divorce (nuffieldfoundation.org)

How Finances Are Divided In A Divorce (klrsolicitors.co.uk)

How Finances Are Divided In A Divorce

Mon, 01 Feb 2021 11:58:39 GMT

Working out how to divide finances and assets in the event of a divorce does not have to be stressful.

In fact, most couples can work out a fair financial settlement without going to Court . Working with a divorce Solicitor who is a member of Resolution increases the chances of a non-confrontational agreement being achieved as they are focused on helping clients resolve disputes constructively.

Your family lawyer will help you divide your finances and assets by referring to the guidelines set out in section 25 of the Matrimonial Causes Act 1973. And if you cannot reach a financial settlement with the help of negotiation and/or mediation, you can be confident that the Court will also carefully consider the section 25 principles when making a Financial Order .

Before outlining the principles, it is important to point out that both parties have a legal obligation to make a full and frank disclosure regarding their financial position. If you believe your spouse is hiding assets, your divorce lawyer can work with a forensic accountant to pierce corporate veils and look into any off-shore trusts. A Freezing Order can also be sought from the Court to prevent the suspected spouse from disposing of the assets in order to avoid including them in the financial settlement.

The principles of the Matrimonial Causes Act 1973, section 25 are as follows:

The financial resources of the parties

The court will have regard to the "income, earning capacity, property and other financial resources that each party to the marriage has or is likely to have in the foreseeable future.”

Not only will each spouses’ current earnings be considered but also their earning capacity, i.e what they could earn if they exploited all reasonable opportunities.

The needs, obligations, and responsibilities of the parties

The term ‘need’ is subjective and depends a lot on the standard of living enjoyed during the marriage. For high-net-worth couples, ‘need’ will be generously interpreted. Obligations to third parties, such as children from a former marriage or business partners will also be considered.

The standard of living enjoyed during the marriage

This will play a large role in high-net-worth divorce . When a couple separate, both will likely see a drop in living standards. The Court will want to avoid any unfair situations, such as one party suffering a large drop in their standard of living whilst the other spouse quickly regains their pre-divorce lifestyle.

The age of the parties and the length of the marriage

How old the parties to the marriage are at the time of divorce matters greatly when it comes to the financial settlement.

For example, a wife in her 60s who has worked in low-paid, part-time positions whilst bringing up children has different financial needs from a childfree 25-year-old who has their whole working life ahead of them.

The division of pensions can also become a significant source of tension for middle-aged divorcing couples.

The longer the length of the marriage, the more intertwined finances are likely to have become, which may lead to a more equal division of assets. However, each principle will be separately considered, so a two-year marriage where one party has enormous earning potential and young children are involved may result in a financial settlement well removed from an equal division.

The contributions of the parties

The Courts have made explicitly clear in case law that financial and non-financial contributions should be treated equally. What this means in practice is although the starting point for dividing property and assets is a 50/50 split, the Court can and does move away from this, for example by awarding spousal maintenance.

Conduct

The conduct of the parties will only be given weight in the most extreme circumstances. For example, in the case of

H v H (Financial Relief: Attempted Murder as Conduct) [2005] EWHC 2911 (Fam)

the husband was awarded a smaller proportion of the matrimonial assets after he attempted to murder his wife. Failure to disclose assets or lying to the Court about the true state of their financial affairs has also resulted in one or both parties’ conduct being considered; however, adultery and unreasonable behaviour is normally ignored by the Court when working out a financial settlement.

In summary

Although working out a fair financial settlement in a divorce can cause disputes, especially in cases involving high-net-worth individuals, most couples manage to reach an agreement outside of Court. Instructing an experienced family law Solicitor who is a member of Resolution will ensure your best interests are protected and disagreements are resolved in a harmonious, respectful way.

For a free consultation regarding financial remedy proceedings and arrangements, please call us on 0208 300 6666.

Cyber bullying has seen a massive increase in recent years, along with the increase in Injunctions and Court Orders

Tue, 26 Jan 2021 10:01:24 GMT

Cyber bullying has seen a massive increase in recent years, along with the increase in Injunctions and Court Orders which often incorporates this type of bullying, here is an explanation of what cyberbullying is and how it can affect individuals:

Whilst the internet has been one of the most useful pieces of modern technology, it has created monsters in its social media platforms by allowing cyberbullying to get out-of-control in the 21 ^st century. The aim of social networking is to bring people together, to instantly connect with others e.g., instant messaging, email, or text messaging. Although social media is one of the leading methods of communicating, 71% of children are now exposed to the internet, with no protection against the prevention of fake social profiles on things such as Facebook, Snapchat, and Instagram. Children make up 53% of mobile phone owners which is an indication of the level of the problem in the young.

In recent years as a direct consequence of cyberbullying, the risk of anxiety, loneliness, and depression has increased. A recent study found that 37% of young people aged between 12–17-year-olds have said that they have experienced being bullied online. In extreme situations it has led to suicide, the second leading cause of death for this age group. Ages 12–18-year-olds are predisposed to bullying on Tik Tok and Snapchat simply because these are popular for that age group.

It is reported that 41% of children develop social anxiety because of experiencing cyberbullying. Some 30% of children reported that this had happened within the last week when asked this question. Young people fall into the trap of thinking that many contacts is a sign of your popularity.

Cyberbullies will use any method available to them to embarrass and humiliate their victim, by posting embarrassing photos and spreading rumours or making up lies. Why do people cyberbully? The cyberbullies do this because they are cowards, they have low self-esteem and so terrorising their victims makes them feel powerful and in control. They think it is fun and that they are clever!

A common name for this type of behaviour is called ‘Trolling’. This is when someone intentionally attacks another person on the internet. The sole purpose is to upset and hurt this person. As this is all done online it leaves a ‘digital footprint’ where a record can prove that cyberbullying has taken place, this information can help to stop the abuse. It is useful to take screenshots of messages, pictures, record voice messages or videos, which will assist in the investigation of the perpetrators.

To prevent cyberbullying and protect yourself apps., can be deleted or if you prefer, stay offline, have a break, and give yourself time to recover. Why should you have to do this? By doing this you are not buying into the unacceptable behaviour, if you shut down their route, they will give up as they are no longer able to ‘get to you’. Most platforms allow you to adjust your privacy settings allowing you to control who can view your profile. This is easily achieved by changing your setting to private. You can also limit who can send you messages and make comments on your posts. Social media also allows you to report anything that is not tolerated. You should only have people who you are familiar with as friends.

If you are getting bullied via a mobile phone you can block the number that is texting. This will stop a message or phone call from the bully coming through to you.

Cyberbullying can ruin lives. It is an invisible enemy, and it destroys every aspect of a person’s mental health by creating fear. Parents need to look for the signs; if their child is becoming withdrawn and nervous, changes in behaviour like making excuses not to go on the school bus or being secretive when on their phone or laptop.

Talking to my own daughter who was bullied, I asked her what advice she would give to someone experiencing this and she said, ‘I would tell them to report it to the teachers because although you feel that it won’t stop and that it will get worse, it doesn’t. The bullies (if known) are dealt with by the school and they are made to stop’. She went on to say how empowering it can be when you rise above it.

Talking to a counsellor can help support someone that is experiencing bullying and the following tips can also help the legal team, if action is required.

Maintain a record of evidence, take screenshots of the evidence, and note any false statements.
As tempting as it maybe to retaliate, you do not want to escalate the issue and ensure you also remain the right side of the law.
Send the records to the Social Media platform and your legal representative.

Our team can advise and represent clients of Cyberbullying in Family Law in all aspects of a Divorce & Separation . For a free consultation please call us on 0208 300 6666.

Thousands in the South East To Benefit From Government Leasehold Reforms

samanthi.perera@klrsolicitors.co.uk (Samanthi Perera) — Wed, 20 Jan 2021 13:08:57 GMT

The media coverage and Law Commission report led to an announcement on 7 January 2021 that the leasehold tenure system will be significantly reformed.

Following increasing public pressure and a detailed report published by the Law Commission in July 2020, the government has announced that legislation will be drawn up to reform the leasehold system. Thousands of leaseholders in the South East are set to benefit from these reforms, which include the right to extend a lease by 990 years with zero ground rents.

In a press release, Housing Secretary Rt Hon Robert Jenrick MP said:

“Across the country people are struggling to realise the dream of owning their own home but find the reality of being a leaseholder far too bureaucratic, burdensome and expensive.

“We want to reinforce the security that home ownership brings by changing forever the way we own homes and end some of the worst practices faced by homeowners.

“These reforms provide fairness for 4.5 million leaseholders and chart a course to a new system altogether.”

Before outlining the proposed reforms, it is worth quickly pointing out the differences between freehold and leasehold property.

What is the difference between freehold and leasehold property?

If you purchase a freehold property you own the building and the land outright. Buyers of leasehold properties on the other hand do not own the land the property is built on or the building their apartment is located in. They effectively enter into a long-term lease that can last years, decades, or centuries.

With its roots dating back to the medieval feudal system, leasehold tenure spread across the British Empire. However, most countries a bolished leaseholds decades ago, although pockets remain in New Zealand and British Columbia.

In recent years, leaseholds have been the subject of much criticism, the main issues being:

Developers charging extortionate ground rents. This led to the government abolishin g the right to sell new-build homes as freehold in 2019. In addition, more than 40 leading property developers and freeholders, including Taylor Wimpey and Barratt Homes signed a government-backed pledge, which commits them to change the terms of existing leasehold agreements which contain the notorious ‘doubling clauses’ which can result in ground rent charges reaching thousands of pounds within a few decades.

Disputes regarding service and maintenance charges relating to leasehold apartments and flats.
Short or onerous lease clauses leading to properties becoming virtually unsellable or making getting a mortgage impossible.

The media coverage and Law Commission report led to an announcement on 7 January 2021 that the leasehold tenure system will be significantly reformed.

What are the main changes to leasehold ownership?

The proposed amendments to the leasehold system are as follows:

As mentioned above, leaseholders will be able to extend their leases by 990 years, and ground rent will be abolished upon extension.
To prevent landlords over-inflating the price of lease extensions, an online calculator will be built to determine the cost of extending a particular lease or buying the freehold.
Leasehold renewals will not attract the requirement to pay ‘marriage value’ if the length of the lease becomes less than 80 years. ‘Marriage value’ refers to the increase in the value of the property after the lease has been extended.
People who own retirement properties will not have to pay ground rent.
Leaseholders can voluntarily agree to a restriction on any future development of their property to avoid paying ‘development value’.
A Commonhold Council will be established, consisting of “a partnership of leasehold groups, industry and government - that will prepare homeowners and the market for the widespread take-up of commonhold.”

What is Commonhold?

Popular around the world, commonhold is a form of property ownership which allows those purchasing an apartment or flat to own the freehold of their home. A commonhold or residents’ association (made up of the unit owners) is established to manage and maintain the overall complex.

Introduced in 2004 by the Commonhold and Leasehold Reform Act 2002 and Commonhold Regulations 2004, commonhold tenure has not been popular among developers and existing leaseholders. This is partly because there is no incentive to choose commonhold over leasehold whilst the latter can generate revenue. Furthermore, mortgage lenders are often reluctant to lend to people buying commonhold property.

Final words

It may take a year or even two before all the above-mentioned reforms are legislated for.

For tenants , if you have a lease that has 83-82 year remaining, it is crucial to seek legal advice on renewal to ensure you are not charged the ‘marriage value’. A residential property Solicitor can also advise you on matters such as buying your freehold, leasehold enfranchisement, and right to manage.

Landlords will also be affected by the changes and will need to seek advice as to how to structure their property portfolio to protect their best interests.

Our team can advise and represent landlords and leaseholders in all aspects of leasehold extensions, leasehold enfranchisement, and right to manage. For a free consultation please call us on 0208 300 6666 .

Leasehold enfranchisement | Law Commission

Leasehold axed for all new houses in move to place fairness at heart of housing market - GOV.UK (www.gov.uk)

Divorce - The Road to Recovery

Mon, 05 Oct 2020 08:31:45 GMT

Divorce is described as a traumatic experience.

Divorce is described as a traumatic experience. The loss of your marriage, home, lifestyle, family unit, extended family and your hopes and dreams for the future, leaves you feeling totally bereft. The end of your marriage needs to be grieved in the same way you would if somebody you loved died.

You despair as to how you are ever going to get through it. How are you going to hold yourself and your children (if any) up? It takes strength to stop the self-destructive thoughts and behaviours, but it is possible. Concentration on your emotional and physical wellbeing is key in helping you to get over your divorce. It is important that you look at yourself as a ‘dear friend’ and show yourself some tenderness. Be compassionate to you and spend time with others who show you compassion and kindness.

Understand that divorce is not supposed to be easy and because it is so hard, you must be kind to yourself. Allow yourself time to work through the depths of your divorce and to accept that the process is going to take time.

Over time you will heal and showing compassion to yourself will help with your recovery. It is ok to feel sad and to give yourself permission to grieve your loss. Focusing too much on the sadness will keep you stuck in that place and so it is important that you manage this.

Divorce is one of the most challenging events you will deal with in your life. Building a good support structure around you is vital. Know that it is ‘OK’ to ask for help. It is good to have someone walking with you that is not in your fog. Dwelling on the past serves no positive outcome and so looking back is only going to pull you back. Looking ahead will get you ahead.

Feelings that you have failed are strong. It is essential to learn from your past relationship to promote a good relationship going forward. When you see yourself as a victim you are blocking your personal progression. To gain back your power and control you will need to take responsibility for the factors that contributed to the result of divorce.

Embrace the change, look at your situation and visualise how the new future could look. Remember you are dealing with a lot of stress and anxiety and so finding time to relax and chill, is all part of you taking care of you. Try to maintain a sleep routine, steer clear from caffeine and alcohol as they will over stimulate and prevent sleep.

Divorce erodes confidence and so try to own the good qualities that you possess. Think about the things you like about yourself and remember these great attributes daily. You will have some days when you just want to stay in bed and hide, and when this happens think about what you need to do to get through this divorce to generate enough motivation to get you through another day.

Seeking emotional support from a counsellor will help you to work through what has happened, the why’s and wherefores’ and the reasons why you feel the way you feel. Having a safe space to express yourself without feeling judged will help you to sift and sort through the emotional turmoil, the hurt and the pain and allow you to move on.

Don’t beat yourself up.
Take each day as it comes.
Every day is a day closer to your recovery.

At KLR solicitors, we recognise the value of emotional support and offer a service that will assist you through these stressful proceedings.

Book your Free consultation HERE

The Silent Sufferers of Divorce

Mon, 03 Aug 2020 13:29:58 GMT

Children the Silent Sufferers of Divorce

When parents split up, the burden on the children is immense and sadly they often blame themselves for the breakup. The absolute worst thing that a parent can do is to bad mouth the other parent to the children. Doing so puts the children in an impossible position and they start to question ‘am I allowed to love them?’. The child feels they are being disloyal for loving the bad parent. Running mum or dad down to a child is a direct criticism of their own DNA as they are the product of both parents.

Children bottle up their feelings, and when asked by mum or dad ‘do you want to talk?’ they say no! On hearing this the adult thinks everything is ok and does not push any harder. This is because the adult does not really want the child to open up and talk, because they don’t think that they can deal with what is said. Children need to talk, and the grown-ups need to listen to help the child to offload just how sad and angry they feel. Often, they just want to hear their mum or dad say, ‘you are right to feel sad and angry’ and to validate their feelings.

If a child does not express how it is for them, they hide the hurt, sadness, anger and confusion, and become numb. We heal through loving connection and always feel better because we have had someone to talk to. Statements like ‘I know it hurts, it’s understandable to feel sad but as a family we can get through this’ let them know that you understand them. Saying ‘talk to me’ is a no-go and children will shut down straight away. They don’t want to hurt their parents by burdening them with their feelings.

When mum and dad are divided the children work harder at trying to please them in the hope that ‘he or she might come back’. They will try and try to please the parent by buying a present or giving those puppy eyes to get what they want, but unfortunately, they cannot fix the problems.

Children should not feel that they are responsible for the parent that has left the family home. Kids want to feel responsible for the divorce because it gives them control, ‘I can make them come back!’. They try their upmost to stay strong for their parents, who make the mistake of being too open and lean on their children for their own sanity.

We can see physical trauma, bruises, broken bones etc, but when the problem is in the mind it limits parents from giving the love that children deserve. One way of helping a child to express how they feel is to ask them to write a letter to their mum or dad telling them how they feel and how their life is being affected. Difficult though this is, it is one way of releasing some of their inner most thoughts and allows them to have a voice. It may not look on the outside that they are feeling any better for speaking their truth, but being able to get it all out can help the parent to connect with the child. Soon enough the sparkle will start to return, and they will learn to laugh again once they have been able to release the burden.

KLR SOLICITORS ARE CHILD FOCUSED IN YOUR DIVORCE

Getting therapy - during and after divorce.

Tue, 07 Jul 2020 11:52:35 GMT

Do I need to get therapy?

Going through divorce can be overwhelming and isolating. Day to day living becomes a struggle, especially if you have children. Coping with your children’s emotions as they face their own issues with the separation of their parents and the challenges of school life adds to the stress and anxiety caused by the divorce. Friends and family can be extremely supportive, and offer advice and someone to talk to, but the problem is they are emotionally invested in you, and therefore not always able to support you in an objective way.

Often outside help is needed in the form of a therapist. Emotional Therapy offers a safe place for you to talk about your inner most thoughts and feelings. When you are stuck in old patterns of behaviour with your soon to be ex, therapy can offer new ways to communicate in a non-confrontational way. Discussing all aspects of the break-up with your partner can be gut wrenching and increasingly painful. Talking to your therapist will allow you to break apart what is happening and make some sense of why you are the way you are.

Coming to terms with divorce is a process of letting go. It is usual to experience feelings of grief when a marriage comes to an end. This can impact on both your mental and physical health and the procedure for healing can be a long and painful road ahead. Your deepest emotions can keep you locked in the hurt, and this is when self-medication e.g. alcohol consumption can come in to play. This is not helpful and does not enable you to address what is happening with a clear mind.

There is so much to consider in separation, like how to manage the finances, where are you going to live, what about the custody of the children? Do you need to move back in with your parents? It is not just you that is affected by divorce, it is the wider circle of relatives. Think about the in-laws that you have become close to and other couples that you have known for a long time. There are many losses that you need to resolve and come to terms with.

The concept of therapy is to teach you how to ‘pull yourself back together’ and assist you in being able to define who you really are. The breakup of a relationship forces you to ask questions like “who am I?”, “who are my friends?” and “what am I going to do with myself?”. Seeking professional help can assist you in putting yourself back at the top of the important list. Emotional Therapy will work with you to allow you to learn some self-compassion. Showing tenderness, kindness, and mindfulness to yourself is a critical step in the process of healing. It is important for you to find the confidence to re-connect with people and activities. Redefining who you are is the engine that drives the emotional healing.

Therapy will help you to feel more comfortable with your new single status after the divorce is over. As situations arise, your thoughts and beliefs will be challenged. Counselling sessions are the ideal safe place for you to share your deepest feelings and negative reactions. You will be guided by your therapist using tried and tested techniques that will allow you to move into your new phase.

Post-divorce, the grieving continues, and life still goes on. When you have lost your lifestyle as well as a partner, you need to rebuild a new life and a new future. The after effects of divorce will continue for many years ahead. Therapy will help you to gain in confidence and self-worth and support you with difficult decisions for example, in parenting your children or finding new employment, or even starting to date again.

Being empathetic to customers have always been important at KLR Solicitors. So if you find yourself going through difficult, legal relationship issues, give us a call and we can arrange a free confidential video call, to discuss your course of action.

1 Hour Free Legal Consultation HERE

Is it a good time to get divorced when Covid 19 is still active?

Mon, 08 Jun 2020 12:26:13 GMT

Written by Linda John - Trained Counsellor and over 16 years experience in Emotional Therapeutic Counselling.

Divorce rates are expected to go sky high after lockdown is lifted. Social media jokes about a baby boom and divorce rates increasing, but the reality is that Covid 19 has either brought couples closer together or it has driven them apart. Some couples will be deciding to go their separate ways when the restrictions have been lifted. If there were cracks in the relationship before, being cooped up in isolation with someone that you are not getting on with is a reality check.

Covid 19 could be the straw that broke the camel’s back. Financial and emotional challenges are bound to take their toll on relationships. Individuals have either been furloughed, made redundant, are working from home, or completely out of work! Assets are losing value and austerity is taking a hold, the future is looking very uncertain.

In addition to this, children are unable to attend school and are relying on their parents to home school, adding more pressure to the household. They are missing their friends and playing outdoors in their local parks. Everyone is affected by this huge burden on their social lives and the subsequent strain it places on intimate relationships. Anxiety levels are at their highest as families struggle to adjust to this ‘new’ way of living.

A crisis will amplify who you are as a person and the values by which you live. Adapting to complete change is a lot to deal with, causing anxiety and stress levels to become unbearable. Couples have not experienced living in close quarters 24/7 before, the strain on their relationship has been overwhelming. It is difficult to know how to cope. Alcohol consumption is up, domestic abuse cases are on the increase, for some, this pandemic has given them the time to reflect and evaluate their lives, where they are and where they see the future.

The crisis has re-affirmed what is important in life and divorce becomes an option. The question is once you have made the decision that your marriage is over, what to do next? For some it could be a case of coming to the agreement together and drawing up how they can divorce amicably and make plans to put the children’s needs first and remain a family unit. For others, this is not an option, their fragile relationship and lack of communication won’t allow them to do this and the fallout and arguments are going to have a direct effect on the mental health of all involved. If there are children involved the damage to them from living in this unhealthy environment is going to live with them into adulthood. The timing of divorce talks may need to take place once lockdown has been lifted. For some, the only answer is to put the discussion on hold and just try to get through it as best they can.

Covid 19 has given people the time to think about how they want the future to look. Divorce is never easy, but if the long-term goal is to be happy and fulfilled to live your life to the full, it could be the key.

If you are struggling to cope and need counselling, you can contact Linda John on her website for a session.

How a Narcissist will use the courts to continue their abuse.

Tue, 26 May 2020 12:31:05 GMT

Narcissist in court.

How a Narcissist will use the courts to continue their abuse.

An abusive marriage or even a business partnership with a narcissist, is emotionally bad enough. A narcissist has a need to destroy you, they will escalate any legal opportunity to bully you and try to win, even if it means false accusations, frivolous actions, perjury and bribery.

The narcissist will try and use the legal system against you, to do as much damage to your integrity and mental health as possible.

If this is how you feel, contact KLR today for your 1 Hour Free Consultation

Knowing the Narcissist

Tue, 19 May 2020 10:55:03 GMT

Knowing The Narcissist | 1 Hour Free Consultation

KLR are specialists in Family Law and for whatever your reason, if you find yourself in a court battle against a narcissist, you will have to be prepared for a long painful engagement. The narcissist simply wants to win, by any underhanded means available and regardless of the cost to you or your family. To understand that these individuals are pathological liars and will have no hesitation in lying under oath in court, to get ahead.

The narcissist will be one of the most poisonous, spiteful, vindictive defendants you can face in any court of law. So, if you have a case to bear with one of these individuals, KLR Solicitors are here to help.

Divorce and Covid 19

Wed, 08 Apr 2020 13:22:41 GMT

Have you gone past the point of no return?

In these strange times, the last thing that should be in the forefront of our minds is divorce. However being confined to a ‘lockdown’ scenerio, like the ones we are experiencing, exacerbates situations that were initially hard to bare. During a time when we should be pulling together, some situations just fall apart.

“Marital preservation appears to be an immediate response to mortal threat, but relaxes once the threat is less acute. Under conditions of extreme stress, uncertainty, and threat, people maintain the status quo and refrain from making a major life change.” (Source: The Journal of Social and Personal Relationships). This comment may be true in certain cases of severity, however when you add in the stress of extended confinement and economic hardship associated with the COVID-19 pandemic there is a suggestion this unprecidented event will lead to a spike in domestic violence and divorces within the next year.” (Dr Catherine Cohen Assistant Research Professor at The Pennsylvania State University).

Both Drs. Catherine Cohan, Assistant Research Professor at The Pennsylvania State University, and fellow researcher, Steve W. Cole at the University of California, Los Angeles suggested a surge in divorces resulting from the stress of being confined with our spouses with whom we are not accustomed to spending so much one-on-one time. The lack of freedom and day-to-day struggles, coupled with the emotional and financial fallout, will probably take their toll on marriages.’ ‘Ultimately, balance is key. A mix of time with friends and family, time together as a couple, and separate time for each partner add to marital quality, as does an equal split between our circle and activities and those of our partner,”, psychologists Rob Pascale and Lou Primavera PhD, authors of Making Marriage Work, said in an article for Psychology Today. In the recent light of the Covid 19 circumstances the balance just isn’t there.

Covid 19 has not only given rise to the applications of divorce, it has also effected the repercussions - judicial system, lockdown custody of children, court delays are just the tip of the iceberg!

Looking at the statistics from China who have had many weeks of locking down, they are now experiencing a surge in divorces. We have yet to see the statistics from countries like Italy who are still in the throws of lockdown and judging by past historical occurrences, it looks like there will be a spike in divorce proceedings in the U.K.

At KLR Solicitors, we understand the impact divorce has on your mental health and well being. We offer a Free 1 Hour Online private consultation with one of our trained divorce solicitors.

https://www.klrsolicitors.co.uk/contact

Top 10 'Feel Good' Films - Life After Divorce

Wed, 01 Apr 2020 14:55:01 GMT

Getting through your divorce is a trying time. However when you are through it and need a little bit of guilty indulgence, what better way than to log into your favourite online video viewing channel, choose a feel good film, slip into your most comfy clothes, sit back and relax, you deserve it!

COVID-19 Office Training (Closed Wednesday 18th March)

Wed, 18 Mar 2020 08:53:49 GMT

It is important that we are in a position to remain open for our clients and ensure the safety of our staff, this is why on the Wednesday 18th March 2020 for the full day, we are conducting training and implementing our revised working conditions, to ensure that we serve our clients to the fullest of our abilities, such changes as staff rotation and virtual meetings will ensure the smoothest possible outcome in this difficult time.

In this time we will still be monitoring emails, so if you have an urgent matter, please respond using email for this training day only.

Thankyou for your patience.

KLR Team

Have Your Will Written or Updated for Free!

Thu, 05 Mar 2020 12:45:44 GMT

Have your Will written or updated for FREE! 16th - 27th March 2020

KLR Solicitors have teamed up with Greenwich & Bexley Community Hospice, and we have pledged to write or update your Will for free. The offer is for a simple Will. An up to date Will written by a solicitor ensures your wishes are respected and that your family and friends are cared for. To take part in the Free Will writing service, please book your appointment today.

For more information, visit Community Hospice

Call Kathy Warren on 0208 300 6666

KLR Solicitors| Reduce Stress Moving Home

Tue, 10 Sep 2019 15:37:47 GMT

We understand moving house can be one of the most stressful events of your life. School/career relocation, packing your life's belongings, choosing what will stay and what will go.....all take time and careful planning. That's why choosing a solicitor like KLR, that's empathetic to your situation, should be high on your priority list!

This Telegraph article contains some key points that can help you though!

https://www.telegraph.co.uk/property/online-estate-agent/reduce-stress-moving-home

KLR Solicitors| Vulnerable EU children

Tue, 10 Sep 2019 15:30:06 GMT

Dozens of vulnerable EU children serving jail sentences in Britain could be stripped of their immigration rights.

Dozens of vulnerable EU children serving jail sentences in Britain could be stripped of their immigration rights after Brexit because the Home Office is refusing to let them apply for settled status. And in order to apply, they cannot be in prison, therefore increasing the chance of deportation and reoffending... Learn More

Thanks A Ton - a recent client review.

Tue, 18 Jun 2019 13:06:07 GMT

It's really lovely, when we get left a good review online however, when a client writes to us, with their written appreciation, it makes it all worthwhile. Your welcome and thank you.

No, the Internet is Not Your Best Source of Legal Advice

Tue, 04 Dec 2018 00:00:00 GMT

An increasing number of people are turning to the internet for all sorts of advice. Fashion advice. Medical advice. Marriage advice.

Here at KLR Solicitors, we certainly won’t dissuade you from getting fashion advice online, but we strongly recommend that you don’t turn to Google for legal advice. Because it could end up costing you a whole lot more than you expected.

Wills & Estates - Latest Updates

Tue, 04 Dec 2018 00:00:00 GMT

No one really wants to talk about their last will and testament, but this is one legal issue you don’t want to leave unattended. After all, it could lead to a major rift in your family, one which you are not around to mend.

The importance of having a very clear will and testament takes on even greater magnitude if you have children from more than one marriage, if you have adopted children, and if you don’t have any children at all. Getting expert advice can save your loved ones heartache and grief at a time when they really need to focus on grieving and recovery.

KLR | Our Blog

Collaborative Law in UK Divorce: A Smarter Way to Settle Disputes

What Is Collaborative Law in UK Divorces and How Can It Help?

Article summary:

What is collaborative law in a UK divorce?

How does the collaborative divorce process work?

What are the main benefits of collaborative law?

What are the risks and limits of collaborative law?

How does collaborative law compare with mediation and traditional negotiation?

When might collaborative law be a good choice?

Final words

How Do Financial Disclosure Rules Work in UK Divorce Cases? | KLR Solicitors

Learn how financial disclosure works in UK divorce proceedings, what Form E includes, and the consequences of hiding assets during financial remedy cases. Expert guidance from KLR Solicitors.

Article summary:

What is the duty of disclosure?

What is Form E?

What must happen before you apply to the court?

What happens if disclosure is inadequate or dishonest?

Disclosure of business assets

Disclosure of pension details

The ongoing nature of the duty to disclose

Practical steps for managing your disclosure

Final words

What Are My Rights as a Stay-at-Home Parent in a UK Divorce?

Understanding Your Financial and Legal Rights as a Stay-at-Home Parent After Separation

Article summary:

How does the court view stay-at-home parents?

What financial rights do I have as a stay-at-home parent following divorce?

Should I receive spousal maintenance as a stay-at-home parent following divorce?

Are clean break orders suitable for a stay-at-home parent following divorce?

How are child arrangements decided?

What can I do to ensure my rights as a stay-at-home parent in a UK divorce?

Final words

When Can I Apply for a Clean Break Order After Divorce in the UK?

Understanding the timing, legal requirements, and financial protection of clean break orders in UK divorce proceedings

What is a ‘clean break order’?

Does divorce automatically create a clean break?

Can you get a clean break order if you have children?

Is a clean break order always appropriate?

How do you apply for a clean break order?

﻿ Final words

How Social Media Can Affect Your UK Divorce Case

Photos and messages can be used as evidence in an England and Wales divorce, affecting finances and child arrangements, and how to protect your case.

Article summary:

Mismatch between financial disclosure and social media

What are the implications of social media for divorce and child matters?

How can private messages affect divorce cases?

Can social media provide evidence of a new relationship?

How should I manage my online presence during my divorce?

How can social media posts support your divorce case?

Final words

Why You Shouldn’t Rely on AI for Divorce Advice | Family Law Guidance

AI can’t replace a qualified solicitor. Discover why relying on artificial intelligence for divorce advice can lead to inaccurate guidance, increased conflict, data risks, and poor long-term outcomes. Learn why expert legal support is essential.

Below are the key reasons why AI falls short — and why speaking to a qualified solicitor is essential.

AI Can Give Inaccurate or Incomplete Legal Guidance

AI Oversimplifies Emotionally Complex Issues

It’s Not Safe for Confidential or Sensitive Information

AI Cannot Replace Strategic Legal Thinking

AI May Increase Conflict Without Meaning To

AI Encourages ‘DIY Divorce’ Before You Understand the Risks

AI Cannot Consider Children’s Emotional Needs

What to Do If Your Partner Won’t Agree to a Divorce in the UK | No-Fault Divorce Explained

Article summary:

Can my spouse refuse the divorce?

What happens if my spouse ignores the divorce application?

What if my spouse defends the divorce?

Non-Court Dispute Resolution (NCDR)

Final words

FAQs

Inheritance and Divorce Settlements in the UK | Can My Ex Claim It?

Inheritance and Divorce Settlements in the UK | Can My Ex Claim It?

Can my ex-spouse claim part of my inheritance?

What do the courts consider when deciding on a divorce settlement?

When is inheritance included in a divorce financial settlement?

How can inheritance be protected in the event of divorce?

Final words

Top 5 Mistakes to Avoid During a Divorce in the UK | Expert Legal Advice

Learn the most common pitfalls separating couples face and how to protect your rights, finances, and children during divorce in England and Wales.

Mistake 1 - Delaying or avoiding seeking legal expertise

Mistake 2 – Allowing emotions to guide important decisions

Final words

Can I get divorced in England or Wales if I live abroad?
You can get divorced here, but whether the courts agree to consider your application will depend on your connections to England or Wales. You may be able to demonstrate your connection to England or Wales if one of the following is true: