Category: News and Events
When international clients are involved, and there is a choice of where proceedings can be issued, the choice of jurisdiction can be all important.
The reason for this is that, in many countries, women are not awarded as much as they are by the English courts. Therefore, it is not uncommon for international men to seek to issue proceedings abroad and for international women to want to issue proceedings in England before their husband issue proceedings abroad.
Whilst there may be a dispute over who issued proceedings first or whether the issuing party qualifies to issue the proceedings in another country, the general rule is that, where the proceedings are commenced first, will normally be the jurisdiction that will apply, and the English courts will not then interfere.
Even where one party has contributed financially and the other domestically, England and Wales are two of the few countries that view marriage as a partnership.
For a long marriage our courts divide marital assets equally between the breadwinner and the housewife/househusband. This is often of particular significance to high, and ultra-high-net-worth families.
English courts also tend to scrutinise the parties’ financial resources more than most, and even indirect assets can be examined through trust and company structures. Our courts are known for being corruption-free and fair, even when powerful people are involved.
We are a team of 5 experienced lawyers but, what makes us different to a firm of solicitors, is that we are acting as divorce consultants. We help people navigate the legal maze and stop them making expensive mistakes. We use our experience of the divorce process to find solutions to lower the temperature and save money.
If you know someone who may benefit from speaking to us, please do contact me. We don’t charge for an initial consultation.
Neutral Evaluation is a little-known process that can save both parties spending fortunes appointing their own lawyers to fight on their behalf.
Unlike mediation, the way a Neutral Evaluation works is that a single lawyer, normally an experienced barrister, will be provided with a brief prepared by or on behalf of both parties detailing the background, including their financial situation and other relevant facts. In response, the Neutral Evaluator will provide a reasoned opinion as to the likely outcome if the case was to be determined by a court.
The parties are not bound by the Neutral Evaluation and can still negotiate their own settlement with or without involving lawyers.
However, having been given the guidelines of how a court would view their case, the parties would be foolish to then ignore that advice and embark on their own expensive litigious jaunt.
We are a team of 5 experienced lawyers but, what makes us different to a firm of solicitors, is that we are acting as divorce consultants. We help people navigate the legal maze and stop them making expensive mistakes. We use our experience of the divorce process to find solutions to lower the temperature and save money.
If you know someone who may benefit from speaking to us, please do contact me. We don’t charge for an initial consultation.
Although a radicle change in the law ‘no fault divorce’ seems to have slipped under most people’s radar.
No fault divorce means that the applicant is no longer required to allege bad behaviour or adultery against the other party. Now, there is only one ground for divorce – namely that the marriage has irretrievably broken down. Either party can apply, or they can apply jointly, it doesn’t make a difference.
Applications for divorce online should be made at the government website https://www.gov.uk/divorce/file- for-divorce and not through one of the many agencies that charge for the service.
The online form is straightforward so there is no need to waste money on lawyers. A court fee of £595 is payable and it is necessary to upload a copy of the marriage certificate. Also, the terms ‘decree nisi’ and ‘decree absolute’ have been replaced with more modern language ‘conditional order’ and ‘final order’.
However, it should be noted that whilst applying for divorce is straightforward, resolving the finances and any issues regarding children remain as difficult as ever.
It is therefore so easy for the unwary to waste money when they involve lawyers with those aspects. That is why people consult us.
We are a team of 5 experienced lawyers but, what makes us different to a firm of solicitors, is that we are acting as divorce consultants. We help people navigate the legal maze and stop them making expensive mistakes. We use our experience of the divorce process to find solutions to lower the temperature and save money.
If you know someone who may benefit from speaking to us, please do contact me. We don’t charge for an initial consultation.
Clients often say that they want to be reasonable in reaching a settlement and don’t want to end up in court and waste money on lawyers. They ask, ‘What is the best way to divorce?’
Obviously, the best way, is if the parties can reach agreement ‘across the kitchen table’, but not many people are able to do that.
If the ‘kitchen table’ route doesn’t work then, in our view, the next best way is mediation (where the parties appoint a third party, a mediator, to help them reach a settlement.
However, other divorce processes are also available but so often people are unaware of or not informed that there are alternatives.
We mention three of those alternative processes here but please note that there are others
- Collaborative Law (involving round table meetings to agree matters or at least narrow the issues in dispute), or
- An Early Neutral Evaluation (a barrister advising both parties on how the matter is likely be settled if it came to court, thereby enabling the parties to take a view on the outcome and avoid having a lengthy and costly dispute in finding that out), or
- Direct Access (where, as mentioned in our June bulletin, you avoid the duplication and expense of having both a solicitor and a barrister and just have a barrister to advise and represent you).
We are a team of 5 experienced lawyers but, what makes us different to a firm of solicitors, is that we are acting as divorce consultants. We help people navigate the legal maze, consider the alternative processes, and stop them making expensive mistakes. We use our experience of the divorce process to look at the options and find solutions to lower the temperature and save money.
If the above resonates or you know someone who may benefit from speaking to us, please do contact me. We don’t charge for an initial consultation.
Earlier this year (see our April bulletin), we drew attention to some
really excellent resources that are freely available to people who don’t know where to turn when faced with divorce.
In this month’s newsletter, we would like to highlight that most people’s notion of domestic abuse is that there has been some physical abuse. However, since October 2021, economic abuse has been included in the definition of abuse in the Domestic Abuse Act 2021.
Economic abuse occurs when one partner has control over the other
partner’s access to economic resources, which diminishes the
victim’s capacity to support themselves and forces them to depend on the perpetrator financially.
It also includes the control of someone’s present or future earning
potential by preventing them from obtaining a job or education. In either of the above cases, often people are not aware of their rights.
We are a team of 5 experienced lawyers but, what makes us different to a firm of solicitors, is that we are acting as divorce consultants. We help people navigate the legal maze and stop them making expensive mistakes. We use our experience of the divorce process to find solutions to lower the temperature and save money.
If the above resonates or you know someone who may benefit from speaking to us, please do contact me. We don’t charge for an initial consultation.
In our opinion the best way to divorce is for the divorcing couple to agree everything ‘across the kitchen table’.
But we appreciate that not many people are able to do that and, although mediation is often then next best alternative, it doesn’t
work for everyone.
The normal route of instructing both a solicitor and a barrister is hugely expensive so what’s left?
One option, and there are others, is where a little-known process called ‘Direct Access’ is available: With Direct Access, instead of involving both a solicitor and a barrister, you only have a barrister.
This is revolutionising the way individuals navigate their legal matters with efficiency and cost-effectiveness.
By eliminating the duplication of having both a solicitor and a
barrister, and with barrister’s charges generally being cheaper than solicitors, Direct Access offers significant cost savings, ensuring that financial resources can be allocated where they are most needed, such as supporting children or rebuilding lives post-divorce.
At Divorce Solutions, we look at all the alternative ways of dealing with disputes and, wherever possible favour the barrister only, Direct Access, route.
We have found that the direct engagement with barristers promotes transparency and empowers individuals to actively participate in their own legal strategy, fostering a sense of control and confidence throughout the divorce journey.
We are a team of 5 experienced lawyers but, what makes us different to a firm of solicitors, is that we are acting as divorce consultants. We help people navigate the legal maze and stop them making expensive mistakes. We use our experience of the divorce process to find solutions to lower the temperature and save money.
Acutely aware that people often don’t know where to turn at this difficult time, this month we would like to draw your attention to some really good resources that are freely available.
1. CAFCASS (Children and Family Court Advisory and Support Service) – https://www.cafcass.gov.uk/grown- ups/parents-and-carers/divorce-and-separation/ provides excellent information to help both parents and children. The information has been assembled with input from therapists, child psychologists, lawyers and other experienced professionals.
2.REFUGE – https://refuge.org.uk/? gad=1&gclid=Cj0KCQjwi46iBhDyARIsAE3nVrbOxWKgYjgE TZW1LmEOCax7KOToAPa3leFt2sh9PAt8kYJIwK8iVEMaA o8dEALw_wcB This is a charity providing help and support for women and their children who are experiencing domestic abuse.
3.Law And Parents – www.lawandparents.co.uk offers an information source for parents wishing to learn about their legal responsibilities and their rights in relation to their children.
4.Families Need Fathers – https://fnf.org.uk/ – provides help with shared parenting issues arising from relationship breakdown whether you’re the mum or dad, married or unmarried.
We are a team of 5 experienced lawyers but, what makes us different to a firm of solicitors, is that we are acting as divorce consultants. We help people navigate the legal maze and stop them making expensive mistakes. We use our experience of the divorce process to find solutions to lower the temperature and save money.
If the above resonates or you know someone who may benefit from speaking to us, please do contact me. We don’t charge for an initial consultation.
To get on the property ladder, couples are often having to rely on gifts from parents. However, should the couple subsequently divorce, this can result in unintended consequences.
The general position is that, unless at the time the gift is ‘protected’ in some way, in the event of divorce the money involved is likely to be considered as part of the marital assets to be divided between the parties.
However, a gift can be protected either by documenting it as a loan (carrying interest and with a repayment date and other features of a loan), or possibly by the parties entering into a pre-nuptial agreement.
The cost of contested court proceedings at the time of divorce can be very expensive and, in comparison to the cost of court proceedings, the cost of preparing a loan agreement or a pre-nup at the outset is nominal.
We are a team of 5 experienced lawyers but, what makes us different to a firm of solicitors, is that we are acting as divorce consultants. We help people navigate the legal maze and stop them making expensive mistakes. We use our experience of the divorce process to find solutions to lower the temperature and save money.
If the above resonates or you know someone who may benefit from speaking to us, please do contact me. We don’t charge for an initial consultation.
When divorcing, people should consider setting up a new email address or, at the very least, changing their password. This particularly applies to communications with their lawyer, therapist, or new partner and avoid using a new password that their other half may be able to guess
They should change the password on bank accounts and social media and consider who to block on social media accounts.
Changing the pin of their phone, switching off ‘Find my Phone’ and stopping sharing calendars are also recommended. Before you decide who gets to keep your shared devices, back up what you want and then factory reset.
Finally, they should log out of sites where they would normally remain logged in and untick ‘remember my password’ options.
Divorce Solutions are a team of 5 experienced lawyers but, what makes us different to a firm of solicitors, is that we are acting as divorce consultants. We help people navigate the legal maze and stop them making expensive mistakes. We use our experience of the divorce process to find solutions to lower the temperature and save money.
If the above resonates or you know someone who may benefit from speaking to us, please do contact me. We don’t charge for an initial consultation.
Cohabitation is the fastest growing family type in the UK with almost 4 million couples cohabiting in 2021. However, this is a huge problem as most people mistakenly believe that cohabitation (which some refer to as a common law marriage), gives the same rights as a married couple. This is wrong.
COHABITATION GIVES NO GENERAL LEGAL STATUS
If the cohabiting couple break up, they must rely on the general law to resolve disputes: for example, if not named on the title deeds of their home, such disputes can be difficult and expensive and often result in an unsatisfactory outcome.
A cohabitation agreement setting out what is to happen in the event of a relationship breakdown is a good way of protecting the parties and should always be considered. Such an agreement should include what is to happen to joint property, mortgages & loans, savings and investments etc if the cohabiting relationship ends.
Although it is possible to write your own cohabitation agreement there are pitfalls that need to be avoided so it is sensible to enlist qualified help and to keep the agreement under review in the event of a material change in circumstances.
At Divorce Solutions we help people navigate the legal maze and stop them making expensive mistakes