professionals news
from Woolley & Co, solicitors
February 2010
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Welcome

Some more good news – divorce rates are down. Despite being a divorce solicitor, I would be delighted if this meant couples in the UK were happier than they have been for the last 30 years. I can’t help but think this doesn’t reflect the whole picture though.

And I have an underlying fear, that the recession might have a hidden cost.

I feel it is fair to assume that there are people who are desperately unhappy in their marriage but are simply better off financially biting their tongue and staying put rather than consulting divorce solicitors. They are trapped by a lack of means to escape.

So we should read the figures from the Office of National Statistics (ONS), which suggest divorce is at its lowest rate for 29 years, with some scepticism and continue to strive to help those going through a break-up come out the other side in as good shape as possible.

Andrew Woolley
Managing Partner,
Woolley & Co family law specialists

0800 3213832

Andrew blogs regularly on a variety of issues connected to family law. To view the most recent, visit
http://www.family-lawfirm.co.uk/Blog/

Contents

The importance of reaching a settlement

Professional in focus:
Carol McLachlan

Family law in the news:
Grandparents get easier route to see children when families split
Saudi girl, 12, drops push to divorce octogenarian
Women partners a rare breed in law firms

Woolley & Co in the News
Meet the team
Diary of a divorce
Woolley & Co launches YouTube channel

Monthly myth

The importance of reaching a settlement

Anyone who has gone through a divorce will know that with so many things needing to be sorted out it can leave a person wondering what to do first and where to go next.

But cutting corners can leave them open to unwelcome repercussions further down the line.

So if a person suggests that they don’t need a formal financial settlement to mark the end of the process, they should be advised otherwise.

There are a number of routes a person can go down and a settlement can be anything from a line under the property and finances to agreeing to care and living arrangements for the children.

Many people believe that a divorce automatically includes a settlement of financial affairs. This may not be the case though and specialist advice should be undertaken to discuss an individual’s unique situation.

Reasons for a person not having a binding agreement drawn up range from having no significant assets to divide, to thinking it will cost too much and the fact that they are on good terms with their ex so there is no need.

However, a financial order lodged with the Court is as much about dismissing any future claims as it is about putting a full stop at the end of the current relationship.

“Unfortunately, anyone thinking that matters will get easier as time goes by is sadly mistaken,” said Andrew Woolley, managing partner at Woolley & Co.

“For example, if one party receives an inheritance or wins the Lottery after the divorce and there is no final financial agreement in place – or Consent Order – the other party may still have a claim on that ‘new money’. Even if they don’t have a claim, the cost of defending their action may be more than if matters had been dealt with alongside the divorce.

“If the parties have no assets then matters are relatively simple to resolve by agreement. The parties can enter into a Consent Order dismissing all financial claims they have against each other by virtue of their marriage to one another. There is no reason therefore to avoid ‘sorting it out’.

Likewise, any couple that have already reached an agreement between themselves should embody that agreement in a Consent Order.”

Other factors relating to the financial settlement which may change with time include property ownership, children and the value of assets, all of which need to be carefully considered, looking at the long-term picture.

Couples who have not yet decided to go for a full divorce can formalise their arrangements in a Separation Agreement. This will set out, for instance, who is responsible for what bill payments, how they deal with children and what will happen to the property in the event of a divorce. It effectively paves the way for the future.

An experienced family lawyer will be able to advise on the best approach for an individual to take and should be consulted as early as possible in the process. For more detail, and a free half-hour consultation, call 0800 321 3832.

Professional in Focus: Carol McLachlan

Carol McLachlan A successful career as an accountant with a Top Four firm for some people would be enough to keep them busy in their career. But after 18 years working with Ernst & Young, in 2005 Carol left to strike out on her own and set up her own business.

The result was WorkSmartPlayHard, where Carol has carved a niche as an executive and business coach, specialising in personal productivity, time management and work/life balancing.

“I ended up being director of resources at Ernst & Young, responsible for professional development of 400 staff,” said Carol.

“This background gave me impetus to find better ways to run my own life. I have two children but wanted to maintain my career, as well as being a hands-on mum and the main breadwinner in the family. I hate wasting time and I want balance – and I now share what I have learnt with other people.”

Carol works with clients to tailor solutions specifically to individual needs while the flexible way in which she operates leaves time for her to lead an active life outside her duties as mum, including voluntary work, writing a soap opera and even stand-up comedy!

“When someone is going through a period of major change in their life, like a divorce for instance, I can help them gain perspective, figure out what’s important, draw up a plan to meet these aspirations and work through obstacles, solving problems as we go,” added Carol, who is a parent governor at her local school.

“I would advise anyone going through a break-up to take some time to stand back and look at the bigger picture. Never be afraid to ask for help and break issues down into small “baby steps” to avoid overwhelm.”

You can find out more about Carol’s work at www.worksmartplayhard.co.uk or contact her on 0151 6520071.

Family Law in the News

Grandparents get easier route to see children when families split

A legal obstacle which stood in the way of grandparents having access to their grandchildren if their own offspring have gone through a family break-up is to be removed.

Children’s Secretary Ed Balls puts grandparents at the centre of a green paper on families, dropping the requirement that grandparents must seek leave from the courts before they can apply for contact with their grandchildren following a family breakdown. Grandparents will still have to win court approval if contact is denied, but the change will make this process easier.

"Removing the barriers that grandparents face in court, when they wish to see their grandchildren through times of divorce and separation, will relieve an enormous burden currently placed on grandparents," said the minister.

An estimated million grandchildren are denied contact with their grandparents as a result of adoption, divorce, separation or family feuds.

Saudi girl, 12, drops push to divorce octogenarian

A 12-year-old Saudi girl who had filed for divorce from her 80-year-old husband has changed her mind, according to Saudi media.

Despite support from human rights lawyers and child welfare advocates, the girl and her mother, who originally sought the divorce, withdrew the case in a court in Buraidah, in Al-Qasim province. It had been claimed originally that she was forced to marry the man by her father in order to collect the dowry.

Shahzea Tahir, family law expert with Woolley & Co, said in England and Wales there are clear channels of help for anyone forced into a marriage, through the Forced Marriage Act.

“If you were forced to marry against your will and have decided to terminate your marriage, this can be done by one of two ways in the UK, even if you were not “married” here – by seeking either an annulment or divorce,” said Shahzea Tahir, family law specialist with Woolley & Co.

“A specialist family solicitor will be able to advise and assist you as to which is the best course of action for you to take. “

Women partners a rare breed in law firms

Large numbers of talented female lawyers are leaving law firms when they are on the verge of becoming partners, a study has revealed.

Fewer than a third of new partners appointed in Britain’s biggest law firms over the past three years are women, according to the research by Legal Week, despite 60% of graduate intakes for big firms being female.

The number of female promotions was even lower in the “magic circle” firms, with women taking up only one in five new partnership roles in the City’s legal elite.

It is believed that the incompatibility of a career in law with the demands of raising a family is one of the main reasons behind the trend.

Andrew Woolley, managing partner of Woolley & Co, said its was time law firms adopted different, more flexible ways of practising, more in tune with the modern world.

“When I established a family law practice in 1996, I left a traditional high street firm to try and buck the trend. No imposing high street offices, good customer service and a flexible approach to working,” he said.

“Fourteen years on, the firm has grown but the principles remain the same. Through this approach, we have attracted a team of 17 partner-level lawyers working from home offices across the Midlands, East, South, London and South West – and 85% of our solicitors are female.”

Woolley & Co in the News

Meet the team

Gail, Emma, Michelle and Emily

Gail, Emma, Michelle and Emily

Woolley & Co has a small but perfectly-formed administration team to ensure your dealings with the firm go as smoothly as possible when you are not dealing directly with a solicitor.

You may have spoken to some of them already but we thought it would be nice to put a face to the name of the person you speak to at our office in Warwickshire.

The team is Michelle Webley, Emily Robbins, Gail Sealey and Emma Grainger and of course Andrew Woolley. You can reach them on 0800 321 3832.

Diary of a divorce

Woolley & Co will soon by launching its own diary of a divorce, following a person through the process so they can share their feelings, insights and tips with others. Watch this space in future issues of the ezine for more detail.

Woolley & Co launches YouTube channel

Wolly and co youtube channel

Woolley & Co’s lawyers have found fame at last – with their own You Tube channel. The wealth of knowledge the firm’s solicitors have on family law is being shared in a series of short videos.

They are split across different topics, including how to save money on a divorce, ex-pat divorce and children and divorce, and will also be posted on our own website soon.

For a sneak preview, go to http://www.youtube.com/woolleyandco

Monthly myth

PLEASE READ:

We are splitting up so will just have to divide our assets down the middle

Download The Divorce myths book here

The above is no substitute for legal advice. Please take advice before making any decisions or advising others. The above are outlines of cases and the details have been removed for brevity. The detail is often extremely important in law.

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