professionals news
from Woolley & Co, solicitors
September 2009
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Welcome

Divorce lawyers are often asked about domestic violence injunctions and increasingly asked for protection by men, or other women in a civil partnership. This used to be unheard of. I do wonder if the violence is increasing or just the ability of men to ask for help is getting better?

A new study just out shows that women are about three times more likely than men to be arrested for domestic violence, yet traditionally men are much more likely to be physically abusive.

Perhaps of greatest concern is that children were present in 55 per cent of cases involving some form of violence or similar abuse. The effect upon them probably cannot be measured and issues of child contact and residence loom large, as illustrated by the 30 per cent rise in referrals to Cafcass – the body which looks after the interests of children in family proceedings (see below).

Offering a joined-up approach to helping people, male and female, access the services they need when in a difficult domestic situation should be a priority.

Andrew Woolley
Managing Partner,
Woolley & Co family law specialists

0800 3213832

Contents

Understanding cultural differences in divorce cases

Professional in focus:
Fiona Sutherland

Family law in the news:
Family law children referrals leap
Lesbians get equal birth rights
Bickering the key to a long marriage, couple reveals

Woolley & Co in the News
Expansion in East Anglia
Book and website launched

How to loose your spouse but not your mind

Understanding cultural differences in divorce cases

In our culturally diverse society, family lawyers are regularly called upon to help with issues surrounding divorce in other countries or concerning other religions.

This is a highly specialised area when it is vital that a family lawyer experienced in working with a particular religious denomination is called upon to help.

At Woolley & Co, the most common issues we come across are the validity of an Islamic marriage, known as the Nikkah, an Islamic divorce, known as Talaq, or Get – the Jewish divorce.

Each has its own intricacies and being aware of some of the issues can help build trust with a client.

Sometimes it becomes necessary to obtain declarations as to marital status, for example, where the courts declare that a marriage or divorce is or is not legally recognised in England and Wales.

Any overseas divorce obtained after 4th April 1988 is only recognised in the UK if it is valid in the country in which it was obtained, and on the date the divorce was granted either the husband or wife were habitually resident or domiciled in that country, or they are a national of that country.

Talaq is the term used to mean divorce in accordance with Islamic rules. Under traditional Islamic Law, a bare Talaq divorce takes place when the husband pronounces three times: “I divorce you.” Such a pronouncement has the effect of dissolving the marriage instantly. However, this is not enough to satisfy the UK courts

“As Talaq divorce is recognised in both Pakistan and Bangladesh, any Talaq divorce obtained there would be legally binding in the UK provided certain conditions are met,” said Shahzea Tahir, Wembley-based family law expert with Woolley & Co.

“However, a Muslim wishing to divorce in the UK cannot simply say ‘I divorce you, I divorce you, I divorce you’. They have to go through the English legal divorce process.

The Get (Hebrew word for the divorce document) is also common in the UK. Jewish law applies to a Jewish person no matter what country they live in. If a Jewish couple divorce under UK law but not under Jewish law, it means they are still married in the eyes of the Jewish faith.

“Both husband and wife need a Get to be able to remarry as orthodox Jews and remain integrated into the Jewish community,” explained Andrew Woolley, managing partner with Woolley & Co.

“A Jewish Beth Din court can issue a Get. The parties have to have ceased living together and be at separate addresses. They also both need to agree to it.”

If your clients need advice on family law issues, including culturally different divorces, please contact Woolley & Co on 0800 321 3832 or visit www.family-lawfirm.co.uk

Professional in Focus: Fiona Sutherland

Fiona Sutherland

Whenever someone goes through a divorce, they are likely to need a range of services, from legal and financial advisors, to estate agents. Increasingly, an element of coaching is being added to that list to help with the personal side of a split.

Fiona Sutherland moved into coaching ten years ago from a background in giving financial advice. She now runs Great Coaching Services, offering help to people through life-coaching, Neuro-Linguistic Programming and as a thought pattern management consultant, with special packages designed for those going through divorce.

“Coaching is focusing on the future and taking actions to help you move on,” said Fiona, based in Poole, Dorset, and offering services directly via her websites and over the phone.

“During divorce, people typically get overwhelmed and can’t think straight. They may fear the future, be dealing with emotions of guilt, anger and loss and it’s easy for things to get out of perspective. The legal and financial process requires logical thinking but people are like icebergs – we see their behavior above the surface but what drives their thinking is emotional below the surface”.

Fiona helps people understand that they cannot change the past and to let go of their emotional triggers which can contribute to stress, low self esteem or depression. She can also coach people to manage their emotions before they go into court or negotiations so they are less nervous and better-quipped to deal with proceedings.

“It is not about legal advice and it is not therapy. It is about enabling the client to take self-responsibility and not be a victim, no matter how bad the situation may seem. This can not only help a divorce process be more amicable, but also leave a person looking forward to the future rather than dwelling on what has happened.”

To learn more, visit www.greatcoachingservices.co.uk or www.coachingthroughdivorce.co.uk. Alternatively, call 01202 257364.

Family Law in the News

Family law children referrals leap

Cafcass – the body which looks after the interests of children in family proceedings – saw a 30 per cent rise in referrals of private family law cases in June, latest figures have revealed.

The family courts body saw 4,163 private referrals, 30 per cent more than the same period last year, covering such issues as contact and residence arrangements.

It is the highest monthly figure reported since recording began in April 2006.

The figure dropped slightly to 4,138 in July, but this was still 16% higher than in July 2008.

Cafcass received more than 15,000 referrals in the four months from April to July 2009, up 16.5% on the same period last year.

Cafcass chief executive Anthony Douglas said the increase could be linked to the recession, with relationships increasingly under stress.

Lesbians get equal birth rights

Women in same-sex relationships can now register both their names on the birth certificate of a child conceived as a result of fertility treatment reports the BBC.

Female couples not in a civil partnership but receiving fertility treatment may also both be registered, thanks to the change in the law which came into force this month. Previously, the mother's female partner could not be registered as a parent

The change applies to female couples in England and Wales who were having fertility treatment on or after 6 April 2009.

According to the Human Fertilisation and Embryology Authority, there were 728 lesbians who underwent in vitro fertilisation (IVF) between 1999 and 2006.

Bickering the key to a long marriage, couple reveals

Britain’s oldest married couple have revealed the secret to their 76 years of wedded bliss – a tiff or two!

In the story in The Mirror Ralph, aged 106, and Phyllis, aged 100, reckon that's one of the reasons they've stayed together for so long.

"He usually lets me have my own way as he knows that's best! But that doesn't mean we don't bicker, because we do. We're not perfect. We've always had occasional rows about small things” said Phyllis.

"It's only over things like what to watch on telly. Ralph likes watching his football but, even though I've supported Sheffield Wednesday all my life, I don't want to watch it all the time."

Ralph and Phyllis met in 1926 and married in 1933. They've lived in Sheffield all their lives and have two daughters, Christine, 62, who lives in America, and Brenda, 72. They also have seven grandchildren and "a few great-grandchildren”.

Woolley & Co in the News

Expansion in East Anglia

Nick Wiseman

Experienced family lawyer Nick Wiseman is the latest recruit to join Woolley & Co.

Based in Great Yarmouth, Nick – who has more than 20 years’ experience – will cover the Norfolk and Suffolk areas, working in conjunction with existing Norfolk-based lawyer Karen Agnew-Griffith.

Born, raised and trained in the area, he joins from a post as head of the family law department at a prominent Ipswich firm.

“It is a unique area of law. You are dealing with people at a very difficult time in their lives when, because of a relationship break-up, it feels like their whole world is falling apart. You can’t tackle that like a bull in a China shop,” added Nick.

Nick, who enjoys scuba diving and playing football in his free time, deals with the complete range of family law issues, from divorce to property and pensions. He can be contacted by calling 0845 680 2124.

Book and website launched

Woolley & Co this month launches its new book – Exploring the Myths about Divorce and Separation.

Exploring the Myths about Divorce and Separation

It looks at 101 common misconceptions about family law including “the wife always gets the kids”, “we are commonlaw man and wife” and “the husband has to give up half of everything”.

It goes hand in hand with the launch of a new website – www.divorcemyths.co.uk – which takes the myths and invites people to add to them to create a growing online resource.

The book can be downloaded for free at www.family-lawfirm.co.uk or hard copies requested by calling 0800 321 3832.

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How to loose your spouse but not your mind

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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