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professionals news
November 2008
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WelcomeCelebrity break-ups seem to be in fashion at the moment. Madonna and Guy. Ronnie and Jo. Peaches Geldof and… her husband (according to the media). With some of these recent splits, a few more cynical among us may have seen it coming. Others were less easy to predict after years of happy marriage. All will face similar issues though of sorting out shared assets in the same way that all of our clients do – though the sums involved are likely to be a little different. All will need the help of family lawyers, financial advisers, perhaps mortgage advisers, maybe counsellors or coaches to help them through it. In a recession, the divorce rate can often rise as couples struggle to cope. Never has this been truer than now. Never has the reason been greater for us all to work together. Until next time, Andrew Woolley |
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Celebrity divorce fast-track championed by Woolley & Co |
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A new kind of fast-track divorce being used by Madonna and Guy Ritchie is being championed by Woolley & Co collaborative family law expert Sue Harwood.
Collaborative family law is a form of alternative dispute resolution for divorcing couples who need strong legal representation, but would like to avoid going to court. The clients agree in advance not to take matters to court and they sign an agreement to that effect. Sue is one of only 1,000 lawyers in the UK offering collaborative law. And she believes the method being used by Guy and Madonna – who are among the first celebrity couples to go down this route according to reports – will make the break-up much easier to bear for all involved. “Collaborative law enables each party to appoint their own lawyer but instead of conducting negotiations by letter or phone you meet your partner together with your lawyer to work things out face to face, known as four-way meetings,” said Sue. “The approach originated in America but has recently been given judicial backing in the UK and is becoming increasingly popular among divorcing couples. “Couples who have successfully settled their case through collaboration will be able to fast track their Consent Orders through the courts, effectively speeding up the whole process. A Consent Order is the document that sets out the terms of the parties’ agreement which traditionally can take up to two weeks to be approved by the court. “The process certainly avoids mudslinging and harmful battles and with the publicity surrounding Guy and Madonna’s split, I think the message will spread that collaborative law is an alternative for all couples seeking a swift resolution and keen to avoid a court room confrontation.” Sue Harwood can be contacted by email here. |
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Professional in focus: Michelle Counley |
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Battling for parents rights
The Child Support Agency may have changed its name, but Michelle Counley is unsure whether it will ultimately change its spots. Michelle is chair of the National Association for Child Support Action (NACSA), started in 1993 by a group of parents outraged by the Since becoming involved in 1995 Michelle has seen the NASCA “We receive enquiries via the internet, personal recommendation and referrals. Our volunteers, dotted around the country, most of who work from home, are all invaluable to keeping the association running smoothly,” said Michelle. “We get enquires from both sides: parents with care of children wanting non resident parents to pay regular maintenance, and non-resident parents wanting a fair deal. We also have links with solicitors, debt counsellors, CABs, and all sorts of people, so we can help with most things people come to us with. “We give free general advice or, through subscription to our service, people can get case-specific telephone and email support. We also offer face to face consultations and we can deal with the CSA on the client’s behalf. “I guess we do deal with slightly more non-resident parents. There seem to be lots of support groups for single mums but we are the only ones for the other side. “Our remit is to make sure the current legislation is applied correctly. We do not agree with the new legislation but will continue to help as many people as possible who have to deal with it.” NACSA can be contacted via the website at www.nacsa.co.uk or by calling 01384 572525. |
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Family Law in the News |
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Woolley & Co welcomes “the new CSA”The replacement of the much-maligned Child Support Agency (CSA) should bring tougher enforcement on orders for absent parents to support their offspring – but for many people very little will change. Initially, at least, the only visible difference will be a commission being brought in to oversee the running of the body, which was set up originally to help parents support their children and reduce the burden on state benefits. Ultimately though, what the new arrangement is designed to do is have more hard-hitting powers to ensure fair payments are adhered to, as set out in court orders. “Anything which can help in getting people to honour financial agreements made to support their children has to be a good thing,” said Andrew Woolley, managing partner of Woolley & Co. “But there seem to be many cases where the payer – and sometimes the payee too – think the amount ordered is impossible to pay. “ More … View the full article on the Woolley & Co website. Little Britain star dissolves civil partnershipLittle Britain star Matt Lucas has dissolved his civil partnership to Kevin McGee at London's family court. In an uncontested case, Lucas was granted a dissolution on the grounds of unreasonable behaviour by his partner TV researcher McGee. They are the first high profile couple to go through the process and among a very small number in the country as a whole. The pair tied the knot in December 2006 and held a lavish pantomime-themed reception attended by famous faces. They shared a £1.5m home in London and split 18 months after their civil partnership ceremony. Woolley & Co regularly receive enquiries about civil partnership dissolution. The process of dissolving a civil partnership is very similar to divorce, and can be just as tricky when it comes to sorting out financial settlements. Effects of recession on divorce settlementsIt is not just rising divorce rates that are being caused by the recession – settlements are also under the spotlight as shrinking assets mean smaller payouts and those who have agreed terms struggle to meet financial demands, according to research. Tumbling house prices means couples can be left with negative equity rather than being able to sell off the family home for a settlement. If one wants to buy the other out, getting a mortgage is not as easy as it was. For those who are relatively well off, some lawyers have noticed a rise in the numbers now seeking a quick divorce to ensure the settlement is reached when times are hardest – meaning their pay out is as small as possible. Whatever situation a couple is in, they need to ensure they get the best possible advice at the earliest possible stage of the process. |
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Woolley & Co News |
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A new signing for Woolley & CoBoys’ football team assistant manager Andrew Robotham has completed a new transfer – to the ladies’ legal team at Woolley & Co! ![]() Andrew Robotham, aged 40, who runs the Hilton Harriers under-10s team, is looking forward to the challenges of managing a range of issues, from divorce to child matters, as a member of the new 14-person squad at the law firm, all but three of whom are female. “Working with Woolley & Co gives me the chance to concentrate more on fewer clients and to be more available to fit the needs of my clients through flexible working,” said Andrew, who grew up in south Derbyshire and has a well-established client base in the area. “It is about building the service around the client rather than clients having to fit around the practice, which is perhaps the more traditional approach. “This is a very exciting move for me and I am very much looking forward to the challenges ahead.” Derby County fan Andrew, who is married with two children, has worked as a family lawyer for more than 20 years. Previously head of the family department at two law firms in Ashby de La Zouch, he has experience of dealing with all areas of matrimonial law. He is an accredited and active member of Resolution, an organisation which promotes the settling of issues in a non-confrontational and amicable manner, in particular relating to the children law and domestic violence issues. He has been a Fellow of the Institute of Legal Executives since 1996 and also sits on The Resolution Domestic Violence Panel in London. |
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