|
professionals news
January 2010
|
|||||||
WelcomeIn family law circles D Day has come to mean something different from the traditional understanding. Instead of the anniversary of a war-winning invasion in June each year, the first working day of January when we draw a line under the holiday celebrations is now “officially” known as D Day – or divorce day. More people begin divorce proceedings on this day than any other. At Woolley & Co, we had around 50 per cent more enquiries by mid morning directly from our website than on any other day. You would think this is a good thing for us but I feel it is, in fact, something terribly sad and not something that should be trumpeted. I would much rather see this trend reversed. Divorce is not something to be celebrated but should be something we should do everything possible to avoid. Hyping up a specific day to practically encourage people to go and see their family lawyer about a divorce doesn’t strike me as a constructive step. Andrew Woolley Andrew blogs regularly on a variety of issues connected to family law. To view the most recent, visit |
|||||||
Marriage guidance - before the wedding |
|||||||
|
There is much talk about record divorce figures and what can be done to help couples work out their differences. Counselling is high on the list of options for those who have tied the knot but then discover the wedding day bliss doesn’t last forever. The Office of National Statistics now says that only one in five children live in a married household. However, there is growing support for the idea of teaching individuals how to tackle differences themselves even before they have walked down the aisle. Supporters of pre-marital counselling believe it could help cut the number of couples who divorce in the UK each year. “There is always a lot of talk about urging couples to consider guidance and counselling if things aren’t going well in the marriage as a way of working through problems rather than anyone making knee-jerk reactions and calling for a separation straightaway,” said Andrew Woolley, Managing Partner at Woolley & Co family law specialists. “However, we would like to see at least some counselling being taken up by couples BEFORE they get married. Call it learning how to argue, if you want. “If a couple was required to have a few sessions with a counsellor before they were married, it could only help. The sessions could be a combination of looking at how to work through problems without anyone making life-changing decisions at times of high emotion, as well as explaining the legal aspects of getting married. “A lot of people still do not realise that getting married is a legally-binding union that leaves the individual with certain rights and responsibility over the other, for instance regarding finances. It makes complete sense for this to be spelt out at the beginning so everyone goes into a union with their eyes wide open and fully aware of all the facts. “Some may say it is unromantic, in the same way that many still view prenuptial agreements as unromantic, but it makes practical sense and, in the long run, could help save heartache and even save a marriage. “Whether the Government will ever treat this issue as a priority is debatable, but in the meantime it is something which we can perhaps routinely recommend to clients as an option in their wedding planning.” Woolley & Co offer free initial half-hour telephone consultations on all aspects of family law, including experts who can explain the full legal implications of marriage. It also works with a number of counsellors who can offer advice to couples. For more information, visit www.family-lawfirm.co.uk or call 0800 321 3832. |
|||||||
Professional in Focus: Matthew Frost |
|||||||
In most cases, divorce papers are acknowledged and dealt with by all parties concerned – but what if a recipient is proving elusive?
Matthew Frost is Managing Director of Alpha Collection Services Ltd and helps clients serve divorce papers to hard-to-find partners or those reluctant to admit they have received them. Matthew fell into a job in insurance before diversifying and ending up working in his current field. He took over Alpha Collection Services Ltd recently and is keen to do what he can to ensure those working in the industry are trained to the highest standards. “The two services we offer relating to divorce proceedings are tracing and process serving,” said Matthew, who is based in Stoke on Trent but runs a network of agents across the country. “The first is obviously where we are required to locate an elusive ex-partner. We might be called into play when letters have been repeatedly ignored or their current whereabouts are unknown. “The second is the personal delivery of legal documents to the relevant person and can be high risk, for example when domestic violence is involved. “It is essential that anyone working in this industry is flexible and has the right attitude for the work. Preparation is key when serving and I have ended up having success in some strange places, like at football matches or in pubs. Most of the time, there are no problems but you always have to be prepared.” For more information, visit www.alphacollections.co.uk or call Matthew's team on 08442 510580. |
|||||||
Family Law in the News |
|||||||
“No fault” divorce campaign gathers paceThree out of four of Britain’s top 100 divorce lawyers want ministers to look again at proposals for a no fault divorce, reports claim. The current system, which has its roots in the reign of Henry VIII, promotes a blame culture as reasons have to be noted when a person files for divorce. This can often make splits more acrimonious than they might otherwise have been and lead to more court hearings. But despite growing evidence that a fault basis for divorce drives couples to the courts to settle their differences, neither Labour nor the Conservatives now support a change in the law. Lawyers told the consumer law website TakeLegalAdvice.com that families would suffer far less during the separation if the husband and wife did not have to cite unreasonable behaviour or one of the other grounds for a divorce. Woolley & Co has long championed the no-fault divorce as a way of speeding the process, cutting confrontation between estranged couples and ensuring less court time is needed to settle cases. Managing Partner Andrew Woolley said: “If a couple want to divorce amicably, they should not have to make accusations about each other but just accept that things didn’t work out and it was no one’s fault. “A no fault divorce option would allow couples to start new lives apart as painlessly as possible.” Marco Pierre White challenge could change divorce battles for everCelebrity chef Marco Pierre White is fighting his estranged wife’s lawyers in a test case that could change the way divorces are contested, according to The Times. The television presenter recently won a landmark ruling that allows him to proceed against Withers, the City law firm that was acting for wife Mati over the seizure of his personal papers. If he wins the case, it could stop partners turning detective to look into their spouse’s finances if they believe full disclosure has not been given. Currently, under the widely used Hildebrand practice, a document left lying around can be copied and used in financial proceedings arising from divorce. But the Court of Appeal gave White the go-ahead to seek damages from his estranged wife’s lawyers for wrongful interference with his property after she intercepted his mail. The documents include a contract from P&O and a heartfelt letter from Letty, White’s daughter by an earlier marriage, that he said he had never seen until the originals were produced by his wife’s lawyers in court. The couple married in 2000 after seven years together and she is the mother of three of his children. After they parted in 2007, she petitioned for divorce, which has not yet been finalised. The action is expected to come to trial this year. Exes forced to stay together by housing costsNearly 10 million UK adults said they or someone they know has had to stay living with an estranged partner because they cannot afford to live on their own, according to a new survey. The Shelter research, undertaken by the charity to examine the way unaffordable housing is changing the way we live, showed nearly a quarter of people – the equivalent of 9.9 million adults – had been caught in this situation. Until recent years, couples with no hope of saving their relationship would expect to live apart after a break up but due to high housing costs more and more people are being forced to remain living together after breaking up. Kay Boycott, director of policy and campaigns at Shelter, said: “The fact one in four of us either have experienced or know someone that has experienced this situation, means this may be more widespread a problem than we realised.” |
|||||||
Woolley & Co in the News |
|||||||
Blogs and tweetsWoolley & Co’s reputation and expertise in family law is spreading further and wider than every thanks to our growing web presence. Our website – www.family-lawfirm.co.uk – is receiving more visitors than ever. In particular, the regularly-updated blog is proving to be a focal point for those who want to keep abreast of what is going on with family law in the news and to hear our thoughts on the issues affecting everything from divorce to prenups and pensions. Why not check it out at www.family-lawfirm.co.uk/Blog/ and leave your comments? Coupled with this, we have an ever-growing number of followers on Twitter, discussing nuggets in the news and discussing issues that affect us all. You can find us at www.twitter.com/woolleyandco |
|||||||
|
|||||||
|
|||||||