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Old Blog Posts: February 2010

Tuesday February 23, 2010 at 3:14pm
The rate of divorce has gone down and is presently at its lowest for many years. That is well known and well publicised. But, we have been busier than ever and have recruited 5 specialist divocre lawyers in the last 10 months. How can this be? Well, anecdotal evidence from an increasing number of our lawyers finds that Courts have suddenly started to reject divorce requests (under the procdure known as the "Special Procedure") when for many years they would have passed those same requ....
Monday February 22, 2010 at 5:47pm
Now I have never had any aspirations of being a star of the screen – small, large, silver, or otherwise. So when it was suggested that a nice, efficient and modern way (as befits a forward thinking firm) of communicating money-saving tips to clients and potential clients was via videos on our website, I was not too keen. However, I have come to realise that this is an effective way to get across a clear, concise message in today’s fast times. Have a look and let me know if you think ....
Monday February 22, 2010 at 9:38am
"In the west, adultery isn't punished by stoning. Instead, the press will kick you until you beg for forgiveness." The Guardian report makes an interesting point, with the above headline. Our media appears to be nothing short of delighted when a "celebrity" transgresses what the media decides is the law of morality that should apply. Take the examples of: John Terry: it appears there was a clear apologyTiger Woods: a public (why public?) apologyVernon Kay (who is he, by th....
Wednesday February 17, 2010 at 1:30pm
 We’ve already covered the falling divorce rates so I won’t plough over old ground completely but I was interested to read Resolution’s response to the news that marriage rates are at their lowest since records began in 1862. The provisional marriage rate for men in 2008 was 21.8 men marrying per 1,000 unmarried men aged 16 and over, compared with 22.4 in 2007 and 31.1 in 1998, according to the Office of National Statistics. The provisional marriage rate for women in 2008 ....
Monday February 15, 2010 at 1:50pm
A recent study has shown that, apparently, 41% of people would prefer to be without their spouse for a week than be without their internet connection for a week. Blimey! 1 in 5 said they'd be more upset if they lost their laptop than if they lost their partner! It seems that of the above 41%, 57% would find it very hard to be without Facebook and Twitter. (I declare an interest here as Woolley & Co have our own quite significant sections on Facebook and Twitter!) Personally, I would think ....
Friday February 12, 2010 at 9:38am
In a previous Blog I have suggested that the government might just as well do away with marriage and have done with it! This was based on the gradual removal of the benefits of marriage as they used to be such as tax incentives and the indications that people living together would be given the same legal rights. But maybe politicians won't have to do anything at all? It seems that we are just less and less likely to marry anyway. Indeed recent reports show that we are less likely now to marry t....
Thursday February 11, 2010 at 2:54pm
The Times reports that some very large law firms are considering introducing more flexible working. Blimey--progress! All our (specialist divorce lawyers) people have worked flexibly and at home since 1996 when this firm was started. It works.  It has no connection with part time working, I assure you! Indeed it allows the 2+ hours often wasted on the commute to be useful--that may be usefully working or usefully resting or usefully in relationships. Good lawyers (good professionals) ....
Wednesday February 10, 2010 at 1:20pm
Sixty-three per cent of people are in favour of making video wills, according to research from a group of charities which wants to encourage more open discussion about what happens to a person’s assets after they have passed away. Wills are still a hush-hush subject. Many people still don’t put pen to paper and it causes endless problems, sometimes even causing family break-ups, so anything which can encourage people to sort out their legacy is something I would welcome. We encourage....
Monday February 8, 2010 at 11:25am
"You are a lawyer, a woman and have a family — and the big firms cannot tempt you with a partnership" says an influential article in The Times.   It is sad to see that we ("we" as in mainly male run law firms) have still failed to change our systems to allow 50% of lawyers to join us fully. I have to say, though, that at Woolley & Co we can hardly be accused of that; indeed the opposite is the case. We don’t have partners as such but we do have: &h....
Friday February 5, 2010 at 5:17pm
“The difference between divorce and legal separation is that a legal separation gives a husband time to hide his money.” This is a quote from a celebrity. As my views on "celebrity divorces" are clear, I am not going to increase their "celebrity" by naming them! But they might have a point. Legal separation is simple, you just separate. There is no illegal separation as such. But most people would sensibly have a separation agreement to set out who pays what and....
Friday February 5, 2010 at 9:42am
Over my 25 years plus dealing with divorce, there are many reasons I have heard to get a divorce but only once did I hear tax as one of them! But if you separated in this tax year and are going through a divorce do bear in mind the Capital Gains Tax situation. Of course, the 2009/2010 tax year runs until 5th April 2010, but watch out as any married couples special tax treatments end when the tax year they separated ends. So if you separated in, say, May 2009 you need to sort out your CGT situati....
Thursday February 4, 2010 at 4:45pm
The Law Gazette reports that children in divorce and family cases in Courts "do not trust newspapers". This was found after quite detailed research by the Children Commissioner for England. The presence of the Press might well cause children (and I dare say others) to restrict what they say in evidence. Does anybody involved in Court proceedings trust the media? Should they? Should the media be allowed to be present at all in cases involving children especially given this finding? Pe....
Thursday February 4, 2010 at 9:39am
"You should agree for a lower fee" is a completely understandable view we often hear from friends of our clients, normally. It is normally true. It is the actual Court hearings that normally cost the very large amounts of money and of course a Court hearing is a very good indicator of a complete failure to agree! When shouldn't you agree?When you don't want to. Don't be bullied into agreeing because you "should".When fear of cost of divorce makes you. Ensure your divorc....
Wednesday February 3, 2010 at 7:37pm
Reconciliation is always on the mind of divorce solicitors. If our client is the person starting off the divorce it won't surprise you to learn that they tend to be disinterested! But we will discuss it. Of course the person starting has often had weeks, months and maybe years to come to the decision. The other spouse has often had a few days! It does surprise me how often people try to pressure that spouse into making decisions whilst still in shock. Dangerous stuff in my view--for them, their....
Wednesday February 3, 2010 at 1:12pm
I read in the legal press recently that Family solicitors have reported a rise in the number of prenuptial agreements being drawn up using the collaborative law process. Prenuptial agreements have already risen in popularity since the Radmacher Court of Appeal case concluded last year that properly drafted prenuptial agreements should be upheld in family disputes unless there was a good reason not to do so. Until recent years the general consensus had been that prenuptial agreements were only fo....
Tuesday February 2, 2010 at 9:16am
Grandparents rights is a hot topic right now. But normally in relation to grandparents rights to have contact (often called "access") to their grandchildren in the event of a divorce of their parents. But Baroness Deech has strongly suggested that grandparents maybe should have a right to be financially supported by their children in return for the free childcare they will have given over the years. I do begin to wonder if the Baroness just looks for subjects she can get publicity fro....

 

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