Latest Blog posts from Family-Lawfirm.co.uk

Caribbean becomes hot divorce destination

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The other day I highlighted the divorce hotel in Netherlands where couples can check in and get all the details of their separation sorted over a weekend stay. Well, a story in the press last week made me think on this topic a bit further. It was reported that an increasing number of British couples were flying off to the Caribbean to finalise their divorce because they can do it in 24 hours rather than the more usual six months in the UK. This is thanks to a new service, sorting the details for you and offering the “UK’s” first same day divorce.

Now this will set you back £4,500. Only one person has to travel if the other has signed a power of attorney document agreeing to the split. The paperwork is all sorted about a week in advance and it will only go ahead if agreement has been reached on division of assets and contact with any children, with signed declarations to that effect. The fee involves the documents, flights to the Dominican Republic, translation of documents to Spanish and all the other ancillary services.

The whole thing left me a little speechless and with a fairly bad taste in my mouth. I guess some might say “Well you would say that because it is doing you out of business” but that is not something I am concerned about. It was a number of issues that bothered me.

Firstly, would a divorce in the Caribbean stand up to scrutiny under English law if it was tested? I’m not sure it has been tested so I don’t know the answer but common sense suggests to me that dropping into a country for 24 hours for a divorce and then waving that bit of paper as legally binding thousands of miles away does not work. It’s only one step up from buying a degree on the internet. I’d want to be sure on this point before shelling out £4,500.

You can go through with this divorce holiday providing all the other bits and pieces have been sorted and your partner agrees to it – but that is the real trick isn’t it? If all those other things have been sorted, divorce is only a waiting game in the UK, a process that goes through the court for ratification to bring a marriage to a legal end. Who needs to rush through in 24 hours if everything else is sorted? It is those other things that take time and mean this will be far from a 24-hour divorce. And if everything else isn’t cut and dried, you cannot do this anyway.

A divorce is a very emotional experience for all involved. Hammering out the details often takes a little time even if all parties are being adult about it. The services of an experienced family law specialist can help you negotiate this as quickly and painlessly as possible. If it is not amicable, they can guide you through the different steps to ultimately reach a settlement. Without that guidance, there could be problems in the future that it will take more than a Caribbean holiday to sort out.

Andrew Woolley
Family solicitor

Supreme Tweets a good idea

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There was a time in the not too distant past when the courts were a thing of mystery to large swathes of the population in this country. I know this because clients would regularly react with fear when I mentioned a court or they would admit that the protocols, traditions, paperwork and, often, rulings were completely alien. I get the feeling though that this has changed over the last decade.

Some of this is down to television and film. At one point, with the exception of the austere Crown Court lunchtime soap in the late 70s, the only courtrooms people would regularly see on screen were those in Hollywood blockbusters, often starring Tom Cruise. Now it is more commonplace. However, a lot of it is down to the hugely increased use of the internet and advent of social media.

And the legal sector should be making more of this to inform and demystify. Some are embracing it more than others. Last week came the news that the Supreme Court had launched itself on Twitter. This institution has allowed Tweeting from its courtrooms since February last year but it is now active there itself also. The intention is to use Twitter (follow @UKSupremeCourt), to let people know the outcome of cases and other related news in a bid to make proceedings as accessible as possible.

I’m not sure the Tweets I have seen here so far have excited me particularly but they should be applauded for getting involved. We should all be working harder to make the legal sector more accessible.

Websites with plain English information and links to related services are a step in the right direction. Engagement with the public on Twitter, Facebook, Linked In and other social media channels can only enhance this – and serve as a useful business tool in driving website traffic and drawing in potential new clients.

They can also help set the record straight on misconceptions, like our divorce myths website.

It is unfortunate then that this is not an outlook shared across the service. While I am heartened by this move by the Supreme Court, it still grates that generally we cannot make electronic payments or routinely use email to exchange documents with the courts. In this respect, the legal sector is still very much behind most other business sectors in embracing new technology.

Andrew Woolley
Family Solicitor

The real Heartbreak Hotel

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I’m all for making divorce as simple as possible for those who have decided that that there absolutely is no future in a relationship and the best thing for all concerned is for the couple to go their separate ways. That is not to say I want divorce to be easy so that people can go for it on a whim rather than at least trying to work through difficult patches, but where things cannot be repaired, making it as swift and painless as possible is the best option.

It seems they agree with me in the Netherlands where they appear to be pioneering the concept of the divorce hotel. Estranged couples check in for the weekend (I assume in separate rooms or at least one room with twin beds) and over their stay, helpful staff will arrange all the necessary legal documentation for them to end their marriage. They will leave as single people. Whereas usual room service has drinks on tap, 24 hour food and a laundry service, this particular inn has a mediator, team of family lawyers and a fixed fee divorce.

Once they leave, the only additional thing they have to do under Dutch law is show the agreement drawn up to a judge within two weeks to have it ratified.

Is this sending the right message and do you think this would work in the UK? I’d love to hear your thoughts on it. Of course, the process for getting a divorce in the Netherlands sounds like it has some fundamental differences to the one we have in England and Wales. In its most basic form, there are simply a series of steps that need to be followed and forms to be filled and filed, and fees paid. A divorce is simply the legal ending of a marriage and in theory, a hotel supplied with the proper paperwork and a credit card machine could help paying guests with the process. In theory, properly trained mediators and experienced family lawyers could help sort issues like division of assets and contact with any children. This would, of course, depend on the complexity of the finances and the willingness of both parties to play nicely. Two days is a very tight window to cover all issues though.

However, our divorce process generally takes on average four to six months and it can take longer – as it seems to these days – if the courts are a bit busy to deal with the paperwork. This doesn’t mean the heartbreak hotel divorce idea wouldn’t work, it would just involve a longer stay.

But, to me, this still begs the question – why would you want to spend any time away with someone you are about to divorce? And you wouldn’t want to ask guests if they have enjoyed their stay, would you?

Andrew Woolley
Family solicitor

Drop in for family law advice

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Making specialist family law advice and services available to people when they need it is of vital importance to us at Woolley & Co and we are always looking for new ways to extend our cover even further - and let people know about it.

Next week, we are trying something new again to push this access further. Lisa Smith, our Bedfordshire-based family lawyer, will be hosting two drop-in family law advice sessions at Bedford Business Club. The free advice sessions at the venue in Ampthill Road, Kempston Hardwick, Bedford, Bedfordshire, MK45 3JE, will be open to anyone wanting to call in without an appointment to discuss family law issues affecting them. This could be anything from questions about the process of divorce and separation, or for anyone worried about their children when their relationship breaks down, to wanting a better understanding of how assets may be divided on divorce.

The sessions, on Saturday 25th and Wednesday 29th February, will be held outside of normal business hours – 10am to 5pm on the Saturday and 6pm to 10pm on the Wednesday – giving people the chance to call in at leisure when they do not need to worry about getting back to work.

We have always tried to tailor our service to fit around clients. If that means calling them in the evening, then we can accommodate that, for instance. Our senior level solicitors work from home offices, covering different parts of England and Wales, so are flexible. This to me is a no-brainer if you want to offer high quality customer service in the 21st Century. It is unfortunate that many other sectors do not follow the same thinking – and many in the legal sector would see this as alien also.

We hope the family law advice sessions prove popular and that other service providers pick up on the idea of improving customer service, whether that is through offering additional face-to-face contact out of hours or simply having a customer service phone line manned by real people.

Andrew Woolley
Family solicitor

Drop in family law advice sessions
Bedford Business Club
Ampthill Road, Kempston Hardwick,
Bedford, Bedfordshire, MK45 3JE

Saturday 25th February 2012
10am – 5pm

Wednesday 29th February 2012
6pm – 10pm

Divorced men more likely to remarry

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Divorce can often leave a bad taste in the mouth. In fact, it is probably fair to say that most cases leave people a little jaded. After all, if a couple get on really well and sort everything amicably, then perhaps they didn’t need to divorce in the first place.

As family lawyers, we can help make the process as painless as possible. A relationship split doesn’t have to be expensive with the correct advice and both sides taking a pragmatic view to sorting out the details. It doesn’t have to be acrimonious, if the parties adopt a calm approach and don’t go out of their way to aggravate one another. It doesn’t have to be (overly) traumatic for the children if they are set firmly at the centre of all considerations, as they should be.

However, there are many people out there who say “never again”. The emotional upheaval is too much and some decide that once up the aisle is enough. It seems though that men and women do have a different outlook on this.

A study published at the end January revealed that divorced men are twice as likely to remarry as divorced women, with 47 per cent keen to tie the knot again after a failed marriage. In comparison, just 20 per cent of female divorcees say they would ever say “I do” again.

The study of 2,000 adults - carried out to mark the DVD release of rom-com Crazy, Stupid, Love - suggests divorced men are also far more committed to finding love again. More are prepared to use dating websites and some would not be opposed to using professionals to help them brush up on their chat up lines.

My experience is that men do tend to be able to detach themselves more easily from the emotional heartache of a split and so are therefore more likely to look to finding happiness in the future: one failure doesn’t mean the end. Conversely, with women it is a bit more “once bitten, twice shy”. However, in this day and age with second, third and even fourth marriages not uncommon, I am surprised the gap between the sexes shown in the survey is so pronounced.

For anyone finalising a divorce, the best way to feel more confident about looking to the future is to ensure everything is signed off and settled on the previous chapter divorce. Whether this is a Contact Order relating to children, or Clean Break Order drawing a line under the division of assets and finances, being confident that “all that is behind you” can leave you free to look to the future and the possibility of new love.

Andrew Woolley
Family solicitor

CSA charging plan stumbles

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Plans to charge single parents to access the Child Support Agency (CSA) – or the Child Maintenance and Enforcement Commission (CMEC) as it should now be known – are causing quite a stir.

In late January, the House of Lords voted in support of an amendment to the controversial Welfare Reform Bill. It would stop parents who are simply unable to come to a private arrangement for child maintenance with their child’s other parent from having to pay the charges – an upfront application fee of between £50 and £100, as well as an ongoing collection charge of up to 12 per cent taken out of the maintenance paid, and an extra charge of up to 20 per cent added on to the amount paid by the parent who is not main carer.

The issue then went back to the House of Commons last week with Ian Duncan-Smith, who is behind the plans, pledging to defeat the amendments. And he succeeded. So works democracy.

The Government says the proposed charging will encourage more parents to make private arrangements for child maintenance rather than simply relying on the agency to sort out the payments, at a cost to taxpayers.

In the last quarter ending December 2011, 78.0% of all cases in which maintenance was due had either received maintenance via the CSA collection service, or had a maintenance direct arrangement in place.
The Child Support Act 1991 came into force in April 1993 and effectively removed recovery of child maintenance from the courts (except in limited circumstances) to the exclusive jurisdiction of the CSA. In November 2008, CMEC took over responsibility for the child maintenance system from the CSA.

It was intended that all cases should have been transferred to CMEC by the end of 2011 and CMEC will become fully operational from 2013-2014. CMEC aims to improve the collection of child support and simplify the assessment procedures. One example is that parents can choose to opt out of the CSA by reaching agreement between themselves. However, such agreement is not legally binding. Also it is no longer compulsory for the parent on benefits to apply to the CSA.

The truth remains that the system is difficult to follow and police. Our advice for any couple would be to reach a child maintenance arrangement between themselves and have an experienced family lawyer draw up an agreement that sets down what is expected from each party. This would mean they could steer clear of the confusion that surrounds the system and leave them untouched by these plans to charge. Of course, a solicitor will charge a fee to draw up the relevant documents but it would seem to be money well spent to get the issue settled.

Andrew Woolley
Family solicitor

Don’t sell yourself short on divorce

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DIY divorce is an unusual concept if you ask me. Household DIY is fine, putting a shelf up or painting the ceiling, fairly straightforward and not dependent on any significant specialist skills.

Starts to get a bit different when you talk DIY in relation to your car. When your car breaks down, most people will not go online to buy a standard repairs pack and then fit the bits themselves in the hope that everything will be fine. You need to have an idea of where to start and perhaps some specialist skills and experience to fix the problem.

Similarly, if your washing machine dies, it is unlikely most of us will order new parts and fit them, at least not without having a good look at things first and attempting to pin point the problem. Again, if you have some experience, you might be more likely to chance your arm but I am sure the more common course of action is to call in an expert.

So when an individual has made the decision that their relationship is over and they need to look at ending the marriage, I find it a little strange that people will want to simply go on line and pay £37 for a standard DIY divorce pack to get the marriage dissolved? In these difficult economic times, I understand, many people are making economies, as I said in my blog last week, but people shouldn’t sell themselves short on divorce. And of course it needs to be clear that DIY cost does not include sorting out the finances and the kids, amongst other things.

It is an important issue, one where there is no “one size fits all” solution and where advice and guidance from a trained professional in family law is essential. If not, it could create problems for years to come, whether in arrangements for contact with children, claims on assets or even finding out that you are not actually divorced after the dust settles!

I have heard DIY divorces are on the up and I suspect this is down to a large part of tightening of belts. On the face of it, just paying a very small amount for a pack where you can sort out the paperwork at home looks appealing. It could also be that that sort of package is much more widely available now than it would have been a few years ago, and then there is the lingering belief that divorce solicitors cost a fortune – but they don’t have to.

An experienced family law professional should be able to do many things that a DIY divorce cannot, for instance:

Advise what course is right for you, as every case is different
Help fill in and file documents correctly with the court
Ensure arrangements are settled for the division of assets and child contact etc
Give peace of mind that no loose ends are left
Point you to additional help agencies.

Doing it yourself could lead to something falling down or leaking in the future – or the wheels coming off completely – which is likely to end up costing you a lot more than seeking professional advice in the first place.

Andrew Woolley
Family solicitor

Divorcing with decorum

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Our advice to clients going through a divorce is always to try and remain calm in the face of adversity, remain polite to your soon-to-be ex and try not to enflame an emotional situation as it could end up costing more time and more money. We know this is a tall order. It is what people should aim for but in the face of extreme provocation from estranged partners who may be getting quite the opposite advice from their Rottweiler divorce lawyer, it can be a nigh-on impossible task. We ask a lot.

However, if an individual can maintain their dignity and decorum in divorce, it can have tangible benefits. Having a useful discourse with the other half can keep financial settlements out of court and so save on fees. Not aggravating the other party may have a similar outcome. Staying calm may also cause you personally less stress and so intrude less into other parts of your life as you start again. This is common sense.

Divorce does not have to be a battle. Divorce doesn’t have to be expensive. Divorce doesn’t have to take over every part of your life. These messages are not ones heard very often unfortunately.

I was therefore tickled to see Debretts, whose guide to the peerage has been an essential tool for journalists, schoolchildren, the BBC and others for years, teaming up with a high-powered law firm to produce an etiquette guide for divorce: Debretts Guide to Civilised Separation (published in February priced £12.99 – it’s only fair I mention that).

Now, from what I can gather (having read this story), there is a certain amount of the content that is stating the obvious at best, or more likely should be taken in a light-hearted manner. For instance: “Throwing your husband's vintage wine collection down the loo or cutting his suits to shreds might seem like a therapeutic gesture when you're in the throes of rage and despair, but it can rebound on you and undermine your case." I don’t think most people really need to be told that and I would question how many people have a vintage wine cellar to attack.

It also suggests measures like family-friendly Christmas cards – presumably ignoring the fact you have split – and warns about not becoming a divorce bore by talking about it all the time, rendering you a social outcast when invites to parties are going out.

It has to be said though that, however much certain areas may state the obvious, the intention is good (setting aside the obvious other intentions of making a bit of money and gaining publicity for the legal firm). Anything out there to remind people that divorce doesn’t have to be “all EastEnders” with shouting, backstabbing and points-scoring, is a good thing. If the parties involved act with decorum, while it will never be a nice experience, it can be one that doesn’t leave you too deeply scarred.

Andrew Woolley
Family solicitor

Four reasons why you must make a clean break

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There is no doubt that we are in difficult times. When established high street and brand names like Kodak and Peacocks are hit by the economic crisis, you know “times are hard”. Consumers are cutting back, making economies. Almost daily on the news there are reports of like for like sales being down. By all accounts, trading over Christmas was not great, with a few exceptions like Primark – which is unashamedly a budget brand.

It’s no surprise then that we are finding, in the family law arena, that these economies by consumers are also being exercised. There is a boom in DIY divorces (we are told) and we are finding people less willing to commit to getting the correct legal agreements drawn up in divorce to dot every “I” and cross every “T”. And this is false economy.

A good example of this is consent orders, or clean break orders. In a consent order the parties set out any financial agreement that they have reached at that time and formally dismiss the right for either party to ask for more money from each other in the future. This is not a requirement of a divorce but without it, there may be trouble ahead, as the saying goes. We are finding people are setting out how they want to proceed but not sealing it with a legal arrangement. So here are four reasons why a consent order is essential.

It can alleviate any future court litigation (and therefore costs) if you are able to agree now what the terms of your settlement will be.
It allows you to enforce any settlement made if one party defaults. For example, if the husband has agreed to pay his wife £50,000 in respect of her interest in the property they were living in and the husband does not pay, she can apply to the court to enforce that. If there is no consent order and she has simply relied on goodwill, this could be disastrous for her, especially if the property is in his sole name. He could legitimately sell the property and move away defeating her of her claim, unless she has a Restriction on the property protecting her interest – a measure often overlooked unless professionally advised.
Any agreement reached now will be based on the income and assets of the marriage at this point in time. If a clean break is appropriate, meaning that no future financial applications can be made against either party, then you are best to secure that now than be open to any applications in the future – or even against your estate after your death.
It creates certainty as to the future and allows the parties to concentrate on more important issues such as effective parenting.

It is essential that an experienced specialist family lawyer is employed to help draw up the documents and ensure they are legally binding. Without doing that, saving a few pounds now could cost a fortune in the future.

Susan Harwood
Family solicitor

What IS divorce?

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More than almost any other word I can think of, divorce comes with a lot of baggage. And there is no pun intended there! Say the word and people immediately think of 1,000 different things connected with it, from conflict and upset, to kids, cost and quickies.

The reality of course is that a divorce is simply the legal ending of a marriage. To get a divorce, you must have been married for more than one year. There are then certain steps which need to be gone through and after four to six months, if there is no contest and depending on how quick the courts are in dealing with the application, the divorce will come through.

A marriage brings with it certain legal responsibilities, covering such things as property, savings, pension funds, debts and inherited wealth. A divorce brings a legal end to those joint assets and liabilities – but does not necessarily tie up loose ends relating to them.

A divorce must be based on one of five facts, often called the grounds for divorce. Petitioners will need to elaborate on the ground they use and there are on-going calls for a no fault divorce. This would mean that people could simply agree that things had broken down without being forced to go into more detail, effectively apportioning blame. This can be anything from, “he leaves his dirty pants on the floor” to “I caught her in bed with my neighbour”. Whatever it is, it doesn’t help things. In fact, it can inflame an already charged emotional atmosphere and lead to delays and higher costs in divorce.

The most important thing to know about divorce though is what it doesn’t do. A divorce does not automatically sort our property matters, or settle finances, or decide on contact with any children. All these things must be settled separately and an experienced family law specialist will be able to ensure these are tackled in the most cost effective and comprehensive manner.

Without properly sorting out the financial aspects of a relationship with a formal agreement consent orders and clean break, things can come back to bite years into the future.

Andrew Woolley
Family law solicitor