When dealing with the division of assets on divorce or separation, most people think of the houses, the car, the china and silverware. These are all tackled routinely and, whether simple or more complex, can often be dealt with in a logical manner.

However, there are other items which are treated as matrimonial assets by UK courts but can provoke a much more emotional debate. Increasingly, pets are also the subject of heated exchanges and long debates over who they live with.

Family lawyers are used to dealing with disputes in respect of children but many are now finding themselves involved in disputes over the much-loved dog, horse or even budgerigar. Pet owners view their animals as members of the family and issues such as where an animal is to reside or who has visiting rights to it is something family lawyers are being asked to consider ever more frequently. Courts are also now being asked to rule on some cases where “custody” is disputed.

It is a sore point for many UK pet owners to learn that our legal system takes a literal approach to dealing with animals. Unlike the United States, the rule is applied that an animal is considered an asset the same as any matrimonial possessions. However, unlike the family car or computer, things often become much more complicated because with animals it can get more emotional.

Whilst there are many cases involving animals that end up in the court arena, thankfully most cases settle long before it reaches a stage where the court has to make an ultimate decision.

The best approach remains to try and negotiate an agreement as, unless the law changes, the best interest of the pet will not be considered and the pet will continue to be treated as the parties’ personal property.

For more information on pets and divorce read the more detailed article A dog is not just for married life on the Woolley & Co website.

Money and how a financial settlement is reached is always one of the main issues to be resolved in any break-up. Having an expert on side to help a client through this is not just prudent, but essential.

Keith Williams is a partner with Positive Solutions and has more than 35 years’ experience as an Independent Financial Advisor. He specialises in portfolio reviews and is often called upon to give advice to those who are separating or divorcing.

“In divorce cases, particularly where there are children, life assurance provision is one of the first aspects of the portfolio to review,” said Keith, who has bases in London and Sussex.

“With joint life policies, trusts may need to be reviewed or set up to protect the children and where no provision is in place, this needs to be rectified to ensure that maintenance and mortgage payments are covered.

“Pensions and investments must also be scrutinised, which can be complicated.

“Of course in some cases it may be that capital needs to be released, for a house purchase for example. In these instances it is often a good idea for people to take advice before they go ahead and cancel an investment product.

“The most important – and pleasurable – part of my job is helping the people I work with. In a world with complicated and confusing tax laws and investment choices, the way I explain it all is crucial to my clients. I have built my business on trust and for clients reeling from a divorce that is an important feeling to regain, especially when you are dealing with money!”

Keith Williams can be contacted directly on 01903 884546 or by email here.

Jordan and Peter's quickie divorce

Katie Price and Peter Andre according to the newspapers are the latest couple looking for a "quickie" divorce after splitting up.

Reports suggest the estranged duo, who have two children from their four-year-marriage, have both met with lawyers in order to press ahead with a divorce following Peter's application for a decree nisi.

The glamour model, better known as Jordan, is prepared to fight to keep her £40million fortune and is said to have hired divorce lawyer Fiona Shackleton, who has previously represented Paul McCartney, Prince Charles and Madonna.

Peter is believed to have signed a prenuptial agreement but could still mount a challenge.

The papers are reporting that rather than waiting the usual six months, the couple will ask that the court speed up proceedings, to get their divorce finalised in as soon as a month. That will not and cannot legally happen under English Law. Whilst they might get the decree nisi agreed quickly, everyone has to wait the same length of time – six weeks and one day – before the decree absolute can be applied for.

At Woolley & Co, we suspect what the newspapers are actually getting at is that maybe Peter and Katie don’t want to drag their financial settlement through the courts and are therefore trying to deal with things amicably outside the courtroom and away from the glare of the public spotlight.

Grandparents demand easier access to children

Four in ten grandparents lose contact with their grandchildren after the parents split up, new research has found.

Of 211 grandparents questioned on behalf of Families Need Fathers and the Grandparents' Association, 55 per cent said that, prior to the parents separating, they were directly involved in their grandchildren's care. However, two-thirds said that they were prevented from caring for their grandchildren following a family breakdown.

MPs including Stuart Jackson, shadow minister for Communities and Local Government, and Susan Kramer, the Liberal Democrat MP for Richmond Park and North Kingston met with members of the group at the launch of the report.

Television presenter Gloria Hunniford introduced the report, Beyond the Nuclear: Including the Wider Family.

Under the Children Act 1989, any adult who has lived as part of a family for three years has an automatic right to apply for contact with the children, including step-parents. However, the right does not extend to grandparents, who have to ask a court for permission before they can apply for contact.

More on grandparents rights on the Woolley & Co website.

Changes to treatment of pensions on divorce

The Government has introduced changes to legislation designed to help divorced people who have stayed at home to bring up the family and so do not have a pension.

Previously, when a couple decided to divorce, the portion of protected rights received by the “stay-at-home” party – or non-member – was called safeguarded rights. The whole amount must be taken as an income but cannot be taken until they turn 60.

In April however, safeguarded rights were abolished, giving divorcees much more freedom to take benefits when and how they choose. For example, benefits can be taken from age 50, and 25 per cent can be taken as a tax-free, lump sum.

Divorce Show welcomes Woolley & Co as sponsors

The organisers of the forthcoming Divorce Show believe having Woolley & Co as a main sponsor will give the show even greater credibility in leaving people better equipped to cope with their split.

Speaking as Woolley & Co was unveiled as the sponsor of the event, which will take place at Birmingham’s NEC from September 11 to 13, show mastermind Catherine Castle said it was not just intended for people who have come to the end of a relationship.

“It will help in a wide range of situations, from those simply questioning their marital status to those beginning again after a divorce,” said Catherine, who has organised the showcase with partner Bryan Powell.

“We want people to leave the show feeling that they can now cope better with their individual situations. Having Woolley & Co on board will certainly help us to achieve that.”
 
 

Andrew champions virtual firm model

Andrew Woolley, managing partner of Woolley & Co family law specialists, features in the forthcoming edition of Law Management Section (LMS) magazine Managing for Success, giving his views on virtual working as a pioneer of the practice in the legal sector.

LMS is a specialist section of the Law Society, dedicated to providing members with the best available advice, information and support on the leadership and management issues of the day, enabling their businesses to perform better and more profitably.

In the piece, Andrew outlines what it means to run and work in a virtual firm, and what lessons traditional firms could learn from them

“Now is the time for firms’ management to be thinking about what they can do to survive and thrive. And virtual law firms can provide some useful lessons in how to think laterally and make your firm efficient and successful,” said Andrew.