Friday July 31, 2009 at 2:42pm
Divorce settlements (known as “ancillary relief”) are complicated in themselves but the area of pensions and divorce even more so. This will normally need careful advice from an IFA pensions expert working closely with a
divorce solicitor. But, put simply, apart from ignoring the issue there are 3 alternatives available to the divorce Court. The first is known as ‘off-setting’. This means that the court looks at the transfer value of the pensions and decides that the pers....
Friday July 31, 2009 at 6:54am
You are in the middle of a difficult financial
divorce settlement. Your spouse is being either very slow or very unreasonable and it seems that he/she may well be hiding some financial info. When in the former home you do one of these things: ...have "just a quick look" at their emails on their PC ...grab a letter from their lawyers addressed to themOr maybe you just receive a bank or accountant letter at your address meant for them. It sheds light on the situation. It is hard to fail ....
Thursday July 30, 2009 at 6:43am
During a divorce case, there will normally be at least a discussion about the financial divorce settlement figures. (The system calls this "ancillary relief"). Within this a Form E is completed and one issue within it is to complete a list of what needs to be spent on a monthly basis or what a person actually needs and would like to pay out if they could get the maintenance from the other to do so.
As in all areas of divorce law, it is important to be realistic. Claiming maintenance f....
Tuesday July 28, 2009 at 4:53pm
A study by Chicago University finds that “divorced or widowed people have 20 per cent more chronic health conditions such as heart disease, diabetes and cancer than married people, and also suffer more mobility problems such as having trouble climbing stairs and walking”. Apparently it is much worse if the person does not remarry. It seems that we start off with an allowance of health and can lose chunks of it due to certain events, divorce being a particularly impactful one. This sh....
Friday July 24, 2009 at 2:22pm
This week’s government-commissioned report suggesting the privileged background of most lawyers got me thinking about our own lawyer selection policy. I think it’s fair to say I myself didn’t come from a privileged background – I certainly had a loving and supportive family but my father was a machinist in a car factory.When I look at the team of
family lawyers we have I can’t really see any of those who would consider they were born with a silver spoon in their mou....
Friday July 24, 2009 at 7:33am
We reported in our Newsletter for Professionals that a study by Grant Thonton suggests that money worries in the recession will help cut the divorce rate.Really?I don't think so. It will stop some people from starting a divorce just at the moment if they, as some do believe me, carefully calculate the best moment to pursue a financial and divorce settlement from their spouse. That is not normally when the economy is poor, their pension is down and the value of their assets reduced. But money wor....
Thursday July 23, 2009 at 7:10am
Politicians, some lawyers and many other people (not normally those who have recently divorced) bemoan that
getting a divorce has been made too easy. Incidentally, that seems to ignore the appalling emotional and practical difficulties; I am sure nobody divorces for fun. But is can be easy, even for experienced
divorce solicitors, to forget that people of some religious faiths have complicated issues to consider quite apart from the ending of the civil contract. I can certainly recall when someo....
Wednesday July 22, 2009 at 10:01am
Impotence is apparently
grounds for divorce in 23 US States. But presumably not in the others---ladies be careful which US State you marry and live in!
But, of course, it is a very serious and upsetting affliction. What is the position in the UK?There is no ground for divorce specified as impotence. Some women believe that impotence is unreasonable behaviour. I can see what they mean but of course it isn't. An existing problem concealed before marriage would be, as it is the concealing that is ....
Wednesday July 22, 2009 at 7:27am
The Conservatives think-tank has suggested various things, that they believe may halt the decline in marriage and slow the divorce rate. Some of them are very sensible such as pre-marriage counselling. But they have also suggested tax relief for marrying. Imagine: “Darling will you marry me?” “Oh, I’m not sure” “Go on. I’ll get tax relief” Oh, please! Will tax relief really cause more people to marry, who wouldn’t otherwise?
Surely the mone....
Tuesday July 21, 2009 at 12:47pm
As discussed in The Economist, until the economy became the big subject we heard a lot from politicians about “Broken Britain”, the reduction in marriage and the increase in divorce. Indeed recently, a Conservative think-tank has been suggesting counselling pre-marriage, a 3 month “cooling off” period before a divorce can be started and tax assistance if you get married (some of us are old enough to recall when this was normal!) So, what are the facts? Marriage is certain....
Saturday July 18, 2009 at 7:42am
OK, I don't expect you to agree. Nor do I, actually. But the Justice Committee of the House of Commons report was looking at the rates paid to lawyers who handle publicly funded (used to be called "legal aid") family law work where the fees are way too low to, in general, attract the specialist divorce solicitors. I suppose this is the legal version of the loss of NHS dentists.
Now, we don't deal with legal aid cases and never have, mainly because our expertise is in answering q....
Friday July 17, 2009 at 2:43pm
Anybody going through a divorce surely wants it to be as "good" as possible? Obviously we tend to hear about "bad" divorces but that suggests there must be "good" ones! I suspect a "good" divorce must refer more to feelings than
financial settlements, divorce costs, who got what and so on. But maybe where someone gets what they want as a divorce settlement, they'd tend to describe that as a "good" divorce? I am sure there is more to it than that.....
Friday July 17, 2009 at 7:38am
I read on a Web Forum that "
Divorce lawyers in England feed on a diet of champagne and lobsters and can even afford mistresses". Admittedly, it was the Sun Online forum!I feel I need to rapidly confirm that I do not "enjoy" any of those things!
But I think I get the point. How can we keep the divorce costs as low as sensibly possible? These are some top tips:
Cost of divorce
Understanding the cost of divorce
Tips for controlling the costs of your divorce
It pay....
Thursday July 16, 2009 at 7:57am
"I'm an excellent housekeeper. Every time I get divorced, I keep the house".
I should stress that this is a quote from Zsa Zsa Gabor! But, who does normally keep the house?
Sorry, but I'm going to have to say that it depends. It depends upon all the facts, history of the financial side of the marriage, children and needs as does all aspects of a divorce settlement. But if you have main care of the children, a career path clearly affected by that, you've been married some years and yo....
Wednesday July 15, 2009 at 8:42am
Divorce solicitors are often asked "does it matter if she divorces me or I divorce her?" or "I need to rush to get my divorce petition in first".It doesn't matter, not legally anyway except in extreme circumstances. But that doesn't mean of course that it does not matter. If it matters to you, a lot, that you divorce your spouse then it is an important issue for you and to do so may help your healing process. But let's be clear. These days the Courts are not really interested....
Tuesday July 14, 2009 at 8:14am
No. You have to be married for at least 1 year until you can start divorce proceedings. There is no way around it.
As soon as you have been married for 1 year, then you can start divorce proceedings and issue a divorce petition. These are the reasons for divorce that you can choose from (known as the divorce grounds).
But if you have been married less than 1 year and want to take action, what can you do then? These are 2 of the possible alternatives:
Nullity. This is not commonly available bu....
Monday July 13, 2009 at 4:33pm
The BBC web news site shows that the Tories seem to be trying to (well, if they get elected that is!) do something at last about the rate of divorce in the UK. It reports that they will require couples to have a 3 month "cooling off period" before they get a divorce, so that they can reflect and also consider reconciliation. They will also, apparently, "strongly encourage" couples to attend a marriage class before marrying.
Do I, as a divorce solicitor,....
Monday July 13, 2009 at 8:37am
Nikkah is a Muslim marriage and talaq is a Muslim or Islamic divorce. Why are they relevant to UK based divorce lawyers?Divorce Solicitors in England, especially those like us who deal with a lot of expat and international divorce, are increasingly asked if a divorce abroad or indeed a marriage abroad are "legal" in the UK.The relevance of a marriage abroad being legal here is, perhaps obviously, a very important issue if one of the people involved wants to remarry here.....
Sunday July 12, 2009 at 8:54am
Due perhaps to the recession and downturn in the housing and jobs markets, many couples who split up now have to continue living "together", that is apart but in the same house. It doesn't take a
divorce lawyer to explain how difficult that can be.
Many of our lawyers are members of Resolution, a grouping of lawyers which promotes minimising conflict in family disputes and encouraging solutions that meet the needs of the whole family. This is a link to their Factsheet on avoiding....
Saturday July 11, 2009 at 8:39am
Divorce causes many unpleasant effects, to say the least. Ask anybody how easy it is to adjust emotionally after a divorce and financially after a divorce settlement.But a study reported in the British Medical Journal suggests that divorce (and still being alone some years later in later life) can increase the risk of Alzheimers quite significantly. So, watch out as you get older!
Now, I am sure there was something else I was going to say........
But another study strongly suggests that ....
Friday July 10, 2009 at 1:11pm
There were 32,900 petitions filed for divorce in the first quarter of 2009, a similar number to that in the first quarter of 2008. The number of decrees absolute granted fell to 28,800 in the first quarter of 2009 from the 32,200 in the first quarter of 2008.
Why is that?It sounds odd, doesn't it for there to be less absolutes than petitions for divorce (requests for a divorce)? But it is due to the delay between the request and the absolute. More here. This means that the decree absolute numbe....
Friday July 10, 2009 at 8:26am
There is no such thing as no fault divorce in this country. To get a divorce you have to set out at least 1 of 5 grounds of divorce and then in some of them go into a little detail about, for example, the behaviour of the other person.But, is there no fault divorce by the backdoor? By the way I don't think anybody really thinks there isn't any "fault" when there is a divorce just that the phrase suggests there should be no need to rake it all up.
Time for the system to be honest. I th....
Thursday July 9, 2009 at 8:08am
Divorce is tough enough without unnecessary delay. I think the failure or refusal of many lawyers and many Courts to use email causes huge amounts of that delay.Just think; a letter takes what......3 days if you're lucky to get from the mouth of the creator of it to the recipient. (Dictation, waiting for typist, waiting for signature, ooops just missed the post, delivered 1 or 2 days later). An email takes seconds.
I pause just to make it clear that any divorce will take weeks due to....
Wednesday July 8, 2009 at 7:07am
When you attend a wedding, can you help yourself from wondering if this couple will make it? Maybe it is my sad legacy from being a divorce solicitor for over 25 years! But do you, too, smile when all the time you are thinking "No chance with her / him". Well I will try to redress the balance with what follows. There are, Time Magazine reports, various things that can improve your chances. A snapshot: Age No real surprise but over 25 is best. Note no difference really betwee....
Tuesday July 7, 2009 at 8:14am
Conveyancers, many of them solicitors, are just not doing their jobs well enough it seems to me. I have lost count of the amount of times clients tell me that when they bought their house there was no discussion at all about how to own it and in what shares.If married, it dosn't matter much normally because the Courts usually ignore whose name the house is in especially after a few years marriage, when sorting out a divorce settlement.
But for unmarried couples it can be very serious indeed. Ta....
Monday July 6, 2009 at 7:54am
Personally, I'd only want to predict if I would divorce, if the answer were to be "no"! But from my 25 years as a divorce lawyer I do know that many people would indeed like to predict this, especially those going into a second or third (or more) marriage.
Well, there is a high rate of divorce anyway. There is argument about how to calculate it but let's say it is about 40%. Not a good start! Experts then say these are some of the major risk factors:
Neuroticism (Kelly & Conley, ....
Sunday July 5, 2009 at 1:38am
"My divorce came to me as a complete surprise. That's what happens when you haven't been home in 18 years". LEE TREVINO
Well, OK, maybe he can have a joke about his own divorce and I do see the funny side, but there are many people who find the fact that they are about to be divorced, a complete shock. They "didn't see it coming". That rather goes against the common idea that people argue more and more and then decide to get a divorce. It often isn't like that.
Was ....
Saturday July 4, 2009 at 8:06am
"Divorce papers" is a phrase often asked about. But what are they, as they are not a phrase used by the legal system?
They will either be the papers received at the start of the divorce, called the divorce petition or the paper received at the end (the one needed to show the final legal and of the marriage and to allow a remarriage) called the decree absolute.
Come to think of it, "divorce petition" is an odd phrase these days isn't it, being signed only by t....
Friday July 3, 2009 at 3:29pm
What has a prenuptial agreement got to do with Paul McCartney?
Well, I bet he wished he had one when he got into his major divorce settlement case with Heather Mills. She didn't end up doing all that well but he had a very unpleasant time of things. In the last few days a case, discussed here says we are at the point when the Courts will always follow a prenup unless there is a good reason not to do so.
The Press has been looking at this in different ways.
....
Friday July 3, 2009 at 2:32pm
Senior judges rewrote the divorce laws yesterday to give resounding backing to prenuptial agreements. The Court of Appeal ruled that the assets of Katrin Radmacher – a paper industry heiress said to be worth £100 million – should be protected from her French ex-husband because of the prenuptial contract they signed before they married. The judgement should hearten people who have tried to safeguard their assets with written agreements. Previously Judges had regarded prenuptial ....
Friday July 3, 2009 at 8:26am
An amicable divorce is the obvious aim of everybody.
Wrong. It certainly isn't!
Many divorce solicitors are used to helping people through (especially the initial) explosions of anger, fear and shock. For some people the whole idea is to wound and to hurt the other. We always advise strongly against this. Unpleasantness costs a lot, I mean a lot! Not just in terms of the increased cost of divorce but, perhaps more importantly, in the emotional costs to all concerned.This is a link to a si....
Thursday July 2, 2009 at 8:38am
Regular readers of this Blog will know that I don't have much time for celebrities and especially their divorces. That may partly be because most of the time I have no idea who these "celebrities" are!
But I read in The Guardian that a man described as having "celebrity status and a highly-publicised lifestyle" was involved in a case with his ex-partner about their child.Nigel Spearman QC, acting for the celebrity, is reported to have argued that: "In family law ca....
Wednesday July 1, 2009 at 8:55am
The Telegraph reports on a study in Australia which shows:
The research has found that men are less likely to divorce their partner if they work for between 40 to 50 hours a week. About one in five Australian workers report logging 50 hours or more a week.
I wonder if this is because one of the main underlying grounds for divorce is financial difficulty?
A divorced woman I know tells me that maybe working 50 hours + per week makes him too tired for an affair?!
Thoughts please.....what d....