Nick Clegg has asked us all to help the Government make divorce better. The sentiment is admirable and something we have been discussing for some time, particularly with the recent “Divorce doesn’t have to be…”articles and blogs.

However, this is not an easy topic to address and by starting from a position not quite correctly aligned, could lead to us missing the intended target. By way of offering a hand of help, I have drafted an open letter to Nick Clegg, picking up on some of the issues he wants to look at, and sent it to the deputy Prime Minister. Below are the highlights. You can read the whole thing by clicking here.

1. “Take the fault and blame out of divorce.” – but it will still be there in society
   
   
2. The divorce process is not that complex, but we need to educate people about exactly what to expect.
   
   
3. Children issues –mediation could be a saviour, but people should still have the choice of whether it is for them or not, particularly in privately-funded cases.
   
   
4. Ancillary (financial cases) – going to a solicitor does not mean going to court and certainly does not mean headline grabbing “mad” fees which are mentioned in the media.
   
   
5. Mediation in ancillary work – worth considering but I think the driver is financial for the government.
   
   
6. Lawyers and mediation – lawyers need to understand this much more than they currently do, possibly through a required training programme.
   
   
7. The court system - why is it necessary for a Judge to have to pronounce a divorce in open Court? It isn't.

And please, please make these simple, small changes which will save weeks waiting for clients and added costs:

...make the courts accept credit cards or credit account payments for their fees

...make the court use and accept email - YES, it's true, at the moment they don't or won't!

Just think of how many stamps, envelopes and paper will be saved… 

Chris is the founder and Managing Director of Blackden Financial, a Swiss-registered and regulated firm of independent financial advisors specialising in advising the English speaking community throughout Europe.

From the start, the service has been very much tailored to the needs of the UK expatriate, providing sound independent advice and a friendly approach in English and helping guide clients through the financial maze of living overseas.

Here, Chris gives his top three reasons why those going through a divorce should consult an Independent Financial Advisor (IFA).

1. Pensions – these can often be complicated with significant tax considerations and an IFA with knowledge of pensions, whether private, company or state, can help in understanding and analysing the current and future value of pensions accrued to date for the purpose of what is termed ‘pension splitting’.
   
   
2. Investments – many investments are long term in nature, and there are many potentially expensive pitfalls to be considered, including the tax or financial implications of selling or transferring an investment. Qualified, specialist financial advice with knowledge of the tax and financial consequences will help you make the right decision for your individual personal circumstances.
   
   
3. Loan planning – often linked to the matrimonial home, an IFA can offer assistance in restructuring joint loans or mortgages and obtaining new mortgage facilities where appropriate and relevant.

You can find out more about Blackden Financial at www.blackdenfinancial.com

Alternatively, you can call Chris at 0041 22 755 0800 or email info@blackdenfinancial.com

Tragedy highlights divorce failings

The parents of three children found dead at a house in Edinburgh with “suspicious injuries” were going through a difficult divorce, it has been revealed.

Eight-year-old twins Augustino and Gianluca Riggi and their sister, Cecilia, five, were found at the Edinburgh townhouse after emergency services were called to reports of a possible gas explosion. Their mother, Theresa Riggi, 46, was taken to hospital after being found on the ground outside the flat, having apparently jumped from a second floor balcony. Their distraught father, not a suspect in the investigation, said his family was struggling to come to terms with the tragedy.

Police are still waiting to question the mother over exactly what happened.

The children were being sought by court officers at the time of their deaths after their mother failed to turn up to a court hearing. Last month, police launched a missing persons enquiry after disappearing with their mother from the family home in Aberdeenshire.

Andrew Woolley, Managing Partner with Woolley & Co family law specialists, said: “While we might never know for sure, it is horrific to think that this tragic turn in events could have been triggered by the pressures of a divorce. If that is indeed the case, so much could have been done to try and avoid things getting to this stage.

Surely this case should act as a bright shining warning light that everything possible needs to be done to make the divorce process as easy/painless as possible and for professionals to offer more than just legal guidance.

“Divorce shouldn’t end in tragedy or be the end of a family.”

Landmark divorce ruling on hidden money

Protection previously afforded to thousands of people in divorce proceedings has been removed following a landmark Court of Appeal judgement.

Until now a husband or wife who came across information showing their partner was hiding money could copy it, use it and put it before the courts.

But the court reversed the principle, intended to help the financially weak, in a case involving a millionaire.

Lawyers have described the judgement as "ground-breaking".

It comes after property tycoons Robert and Vincent Tchenguiz attempted to use information about the financial affairs of their sister's multi-millionaire husband at her divorce hearing.

Following the ruling, they must comply with a High Court order to hand back to Vivian Imerman the documents copied from a computer.

Mr Imerman's lawyers claimed the Court of Appeal's this ruling on divorce money would revolutionise disclosure in documents in family law cases.

In a statement, Mr Imerman - who married in 2001 - said: "I regret that this matter had to be put before the courts. It has been a waste of everybody's time and money, but I was determined that my private papers could not be stolen and the perpetrators get away with it without retribution."

Andrew Woolley has a somewhat different view on this case: “While, of course, Mr Imerman is right to have his privacy protected, it doesn’t negate the fact that he was hiding information relevant to the case – and that shouldn’t be allowed.

“In this case the parties involved would, I am sure, have had enough money to go to the court and get an order to seize his papers or computer, but for the average divorcing couple this wouldn’t be possible.

“Our court system needs a reality check to ensure it serves the purpose it was set up for and helps those who really need help.” 

Kathryn offers legal advice for drop-in sessions

A series of new drop-in session for lone parents looking for a one-stop advice shop for practical and emotional support is being backed by Woolley & Co.

Solicitor Kathryn McTaggart will offer free legal advice for the initiative, launched by support groups OnlyDads and OnlyMums. Visitors will also be able to find out about things like benefits information and debt counselling at the information sessions being held in coffee shops at local supermarkets.

The project will initially start in the South West in late September but is due to be extended across England and Wales.

“Accessing these services is not always easy for lone parents who are, by definition, trying to keep many balls in the air on their own and the hope is to provide support and information that many simply do not have the time or money to seek out elsewhere,” said Kathryn.

For more details, contact Kathryn.mctaggart@family-lawfirm.co.uk

Judith on the move

Woolley & Co solicitor Judith Buckland has relocated from Truro, in Cornwall, to Wells, in Somerset.

Judith maintains a base in Cornwall and will continue to serve her clients there but is looking forward to building a new professional network and client base in and around Wells.