Latest News from Family-Lawfirm.co.uk

Family Law Firm Expands in Warwickshire

Mon, 16 Nov 2009 14:05:00 GMT

Specialist family law firm Woolley & Co has further expanded it’s presence in the Midlands with the appointment of family solicitor, Sharon Brassington.

Sharon, who joined family law specialist Woolley and Co in October, will work from her base in Bulkington, Warwickshire covering clients across Coventry and Warwickshire.

Sharon attended Nuneaton’s Nicholas Chamberlaine School, in Bedworth, before heading to North London University and the then York College of Law. She had decided at the age of 14 that she wanted to work with the law and the majority of her training involved working in the area of family law which is why she decided to specialise.

Sharon from the firm who specialise in divorce, family law and financial settlements, said, “It was something I really enjoyed. I found it much more interesting than wills and probate and conveyancing. Family law is about meeting all kinds of people who are in difficult circumstances. My role is trying to be a lot of things to that person - not just a lawyer, but an advisor and a confidant. You give legal advice but also a lot of sympathy,” said Sharon, who is a fully trained collaborative lawyer, a member of the Family Law Panel and a member of Resolution.

Collaborative law is taking off in the UK after coming over from America. It encourages the parties, together with their legal advisors, to reach an agreement without having to spend the time, money and upheaval of going to court to thrash things out.

Sharon added, “It is a much nicer way of dealing with disputes and more and more people are seeing the benefit of this. It backs up the work I do with the Family Law Panel and Resolution, always seeking amicable ways to sort out a divorce and exploring all the options. Lawyers who do not specialise in family law might not always do this.”

Sharon heard about Woolley & Co the expert family law firm, through new colleague Claudette Jaggard-Inglis, who works for Woolley &Co in Lutterworth, and is looking forward to the challenges of running her own home office.

“I wanted to work for a firm that is forward thinking. It is a different way of working and an exciting way of working,” she added

Woolley & Co has 18 senior level family law specialists working from satellite offices across the Midlands, South, South West and East. It has just published its third book – Exploring the Myths about Divorce and Separation – which can be ordered free here.

New Website From Leading Family Law Firm Dispels Common Divorce Myths

Fri, 16 Oct 2009 14:54:00 GMT

Whether in relation to celebrity or the general public, stories of divorce and family law are increasingly common in the tabloids, which is one (of perhaps many) reasons why common misconceptions are being perpetuated. In a bid to explore some of these inaccuracies, Warwickshire-based family law firm Woolley & Co has launched the Divorce Myths website.

The firm, which specialises in divorce, legal separation and family law, has developed the website in order to clarify and correct common misunderstandings around divorce and has been built to supplement the firm’s main website, which includes full details of the firm’s legal team and the fixed fee divorce services available.

Andrew Woolley, senior partner from the firm which specialises in divorce, family law and prenuptial agreements, said, “It is quite often the case that we assume we know all about divorce. There is also the assumption you can apply what you know about divorce to any case. However, what many do not consider is that in reality, each case is unique and is not necessarily comparable to another and so dispensing the same advice is not going to be applicable to all cases.

“The advantage of the Divorce Myths website is that it addresses common myths encountered in different divorce cases. You can even post your own divorce myth, which our team of family law specialists will endeavour to address.”

According to the Divorce Myths website, the top five common myths about divorce and separation are as follows:

We are common-law man and wife so I have the same rights as if we were married.
I didn’t commit adultery because I was already separated from my wife when it happened.
The wife always gets the house when a couple divorces.
Getting divorced is going to cost me a fortune.
The children always get to live with their mother.

Other popular myths addressed on the website including those surrounding the cost of divorce, grandparents’ rights, civil partnerships, annulment, spousal maintenance and prenuptial agreements. For more information, take a look at the website: http://www.divorcemyths.co.uk

New book explodes 101 myths about divorce

Fri, 09 Oct 2009 09:28:00 GMT

Many people are basing life-changing decisions about their marriage and family life on common myths and misunderstandings, a leading family lawyer has warned.

“She always gets the kids”, “I am his commonlaw wife” and “The wife gets half of everything” are among the most frequently used generalisations about divorce according to family law specialist Woolley & Co, and are leaving thousands of people each year out of pocket and on the back foot in separation proceedings.

In a bid to explode some of the inaccuracies, the Warwickshire-based firm has published a free guidebook – Exploring the Myths about Divorce and Separation – pulling together 101 divorce myths and explaining how some commonly held beliefs can be a long way from the truth.

“Everybody knows someone who has been through a divorce or messy separation and is happy to give the benefit of their experience. However, these little stories get twisted with retelling so the facts get skewed. The reality is that each divorce is unique so cannot be exactly compared to another experience,” said Andrew Woolley, managing partner of Woolley & Co.

“We hear these little myths day in, day out. People have preconceived ideas on what they are entitled to or how a divorce will work based on what someone has told them. They are often quite bewildered when we explain that they are a long way from the truth.

“From this came the idea to pull together the most common 101 myths about divorce and separation and put them into a handy-sized reference book. Exploring the myths about divorce and separation is no substitute for legal advice, but it does lay out the truth so people can make informed decisions before taking any action.”

One of the most retold myths is that a couple are commonlaw man and wife if they live together for a certain amount of time – often quoted as six months – so they automatically gain similar rights to married couples. This is completely untrue. An unmarried couple would need to get specific legal documents drawn up if they did not intend to marry but wanted the same claims over each others’ possessions or property as a married couple, for instance.

Another is that the mother automatically gets ‘custody’. The reality is that each case is judged individually with the outcome dependent on what is best for the child – which might be to live with the dad, or more commonly now share time between both parents. There is no such thing as custody now in English law. Instead the courts consider residence and contact.

The book is being launched alongside a new website – www.divorcemyths.co.uk – which allows visitors to check out myths for themselves and encourages them to ask whether something they have been told is a myth or a fact. The idea is that the content on the website will grow from the 101 myths in the book, creating an invaluable online resource.

Copies of the free book can be requested by calling 0800 321 3832.

Comment on Times article Sept 2009

Fri, 18 Sep 2009 09:56:00 GMT

It’s recently been reported in the Times that family law expert Baroness Deech is calling for an end to the idea that women deserve half of their husbands’ wealth on divorce.

The crossbench peer, who taught and lectured on family law for more than 20 years at Oxford University, accuses judges of developing the law in a “paternalistic and unprincipled fashion.”

Lady Deech says: “The notion that a wife should get half of the joint assets of a couple after even a short, childless marriage has crept up on us without any parliamentary legislation to this effect.” Judges are ignoring the statutory direction to try to achieve a “clean break” between divorcing couples.

“It is no wonder that England is the divorce capital of Europe and out of step with other European countries,” she says.

At Woolley & Co we’ve discussed the issues raised by Baroness Deech’s comment and have some perhaps controversial and contrary views to the esteemed Peer.

Woolley & Co senior Partner Andrew Woolley says: “The view being given is that the wife automatically gets half of marital assets. That clearly is not true – you only have to look at the McCartney case for evidence of that.

“I don’t see it as a gender issue, more an issue of the one with the most money sharing it with the one with the least. That is normally - but not always - the man. That is a consequence of social history.

“The needs of the person with the genuine lower earning capacity have to be considered as a relevant factor by the courts. That could just as easily be the man as the woman although traditionally it has tended to be the female as women tend to take on the role of child carers and often leave work to take on a full time home making role.

“Some of the comments reported seem to suggest discretion should be removed from the courts to make decisions in these cases. It must be right to provide discretion, a one answer fits all approach (as in the CSA) would result in considerably more inequality than there is at present.”

As divorce lawyers Woolley & Co always take into consideration the contribution towards the matrimonial assets (ie pre marriage assets) and this is something the courts also have to (and do) consider when coming to decisions.

Judith Buckland, family solicitor based in Cornwall adds her view; “I think the big money cases muddy the waters on this issue and they are of course what everyone knows about and homes in on without looking at the bigger picture.

“I’ve noticed from the comments on the press coverage that the general feeling is that the wife will always get the home but simply isn’t the true picture. The home is likely to be maintained for the benefit of the children and (because wife is usually the primary carer) the consequence is often that the wife will be able to remain in the house in the short to medium term. The husband will get his share – he just may have to wait for it. Is the inference from Baroness Deech that men should have their rights put before their children’s? I don’t think many would go that far.”

At Woolley & Co we would certainly welcome greater clarity but so much is determined by people rather than process. Family lawyer Karen Agnew-Griffith explains, “A family lawyer when asked “what can I expect to receive as a financial settlement” can only reply “it depends.” It depends on the Judge on the day. It depends on how bitter and entrenched the husband and wife are. It depends on the quality of the lawyer.

“The current situation is so vague and capable of being interpreted in so many different ways that we are all just working through an educated guessing game with no idea what the end result will be in many cases and that is when years of legal experience is so important.

“A marriage contract should be just that. The budget of thousands often spent on dresses and functions prior to a couple tying the knot should include a sum of money set aside to get the contract right.

“If couples are concerned about leaving decisions to the Courts then a pre-marriage contract to decide who gets what if it all goes wrong can provide real protection. This way each party will know what the future holds either way and make decisions including giving up work for a time or not, raising children or not, based on what’s been agreed.”

Let’s see what response, if any, the Courts make to all of this, and in the meantime the Woolley & Co team will continue to advise clients on current family law.

Pre-nups should be as common as car insurance

Thu, 10 Sep 2009 13:33:00 GMT

Pre-nuptial agreements should be as routinely taken out as house or car insurance, according to a leading East Anglia lawyer.

Family lawyer Nick Wiseman believes the stigma which still surrounds “pre-nups”, and living together agreements for unmarried couples, is leaving thousands of people each year out of pocket because they are not properly protecting themselves against potential problems further down the line.

And the lawyer, who has just joined family law specialist Woolley and Co, working from his base in Belton, Great Yarmouth, and covering clients across Norfolk and Suffolk, said more needs to be done to encourage people to take out these relationship insurance policies.

“We all have car insurance and house insurance, not because we expect to get into an accident or for the water tank to rupture, but because it is sensible “just in case”. That way, you are not left massively out of pocket if something does go wrong,” said Nick, who lives with his partner and her five-year-old daughter, as well as having a daughter of his own.

“To my mind, pre-nuptial or living together agreements are just the same sort of insurance. You don’t expect to have to bring one into play, but it is sensible to have just in case – and it is only a small one-off payment rather than a monthly premium!

“In this day and age, it is staggering that people still cling to the romantic notion that pre-nups shouldn’t be raised. With the increase in second and third marriages, there is more need now than ever for people to protect what is theirs for the future if the worst does happen. It can save thousands in legal fees because it helps people keep hold of what is important to them.”

Nick began his legal career more than 20 years ago, after studying at Great Yarmouth College and Norwich City College, qualifying as a legal executive and specialising in personal injury litigation before being offered the chance to work in the family law department of a local firm, which he felt better suited his character.

He joins Woolley & Co from a post as head of the family law department with an 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.

“You have to use a wide set of skills and have to have empathy. Clients then build a relationship with you, and come back to you in the future. People have to trust you.

“The way Woolley & Co operates is very forward-thinking, with partner-level lawyers working from home offices and around the needs of the client rather than tying them to high street legal office practices. It is a flexible approach and I am looking forward immensely to the challenges ahead.”

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 is a fellow of the Institute of Legal Executives (ILEX). He can be contacted by calling 0845 680 2124.

Divorce - the effects on children

Tue, 11 Aug 2009 13:18:00 GMT

As necessary as divorce may be for struggling couples, children caught in the middle of a relationship breakdown are often silent victims of the break-up. Now journalist Tina Clough talks to Woolley & Co, the family law specialists, to discuss how parents can help to soften the blow of divorce.

As the recession continues to put more marriages under pressure, many families are expected to find themselves in strained relationships with arguments caused by money worries. In this difficult situation, it’s inevitable that divorce will be considered and may even prove to be the best option for the sake of everyone involved. But, how would a child understand this?

Andrew Woolley, senior partner at family law specialists, Woolley & Co said “Young children cannot be expected to understand that their parents’ divorce is an action born out of necessity and love for the child. It is best to try to reassure them that although things will be different, you will always be their source of stability and love.”

Children often feel that their lives will be changed forever, and that the change is entirely negative. Parents will want to give them the support they need to be able to adapt to the challenges ahead. Talking to them and allowing them to ask questions will help them to feel secure in their relationship with you, and will show them that you have confidence and authority in your decision to divorce.

Offering physical support is also a key factor in helping your child to deal with the trauma of getting a divorce. Sitting down together, going for a walk or a simple hug does wonders for a child and will help to keep them stay strong in this difficult time.

Mr Woolley added, “It is also vital that the child, regardless of their age, understands that the causes of divorce are no way linked to their own behaviour. Often children feel as though they are the cause for the break-up, even though they may have been assured that is not the case. It is very important that youngsters are clear on this point, and that you let them know that even though you are going through a tough time and a wide range of emotions, you are not blaming the child for this.”

Another point to remember is to keep it simple. Do not overload your child with details of new living arrangements unless they are confirmed and agreed with your spouse, as it may confuse them. Teenagers will ask a plethora of questions, but try not to divulge information that is not certain.

Mr Woolley added, “Conflicting information can be a side-effect of a divorce where the parents cannot successfully agree on important details such as living arrangements and child contact, which can adversely affect the relationship between parent and child. If you cannot agree amicably, our team of experienced and personable divorce lawyers will be able to provide you with legal advice to finalise the arrangements.”

Find out more about getting a divorce with a fixed fee divorce lawyer please book an appointment

Divorce and Family Tweets

Fri, 03 Jul 2009 09:41:00 GMT

Jonathan Ross does it, Stephen Fry does it – and now Woolley & Co does too!

Twitter is the latest social networking phenomenon, allowing people to update others on what they are up to and pass on useful information in short messages of up to 140 characters.

Family law specialists Woolley & Co is now a member so if you are Twittering, follow Woolley & Co (http://twitter.com/woolleyandco) to find out what we are doing. If you don’t Twitter, why not have a look? It is a fantastic way to get your news out to a potentially huge audience.

Father's day brings dad's rights into focus

Tue, 16 Jun 2009 12:43:00 GMT

Thousands of dads could miss out on seeing their children on future Father's Days if they don't safeguard their legal status as a dad, a leading family law specialist has warned.

Fewer couples getting married before having children and separations of couples are on the rise, which means what rights a father has as a parent and how often he can see his offspring is often not clear cut.

With National Family Week just behind us and Father's Day on the horizon, Woolley & Co Solicitors is urging doting dads to make sure they safeguard their standing and ensure that legally they have done all they can to remain an important part of their child's life.

"Many people think that a father's parental rights and contact arrangements are reasonably straight forward but if a couple are not married, dad might be in for shock. It can take a lot more than biology to be the father - in law - and some may have no legal rights whatsoever in the event of a separation unless they take steps to cement their standing," said Andrew Woolley, managing partner of Woolley & Co, which specialises in all aspects of family law, via its website at www.family-lawfirm.co.uk with direct access to partner level lawyers.

"Unmarried fathers with children born after 1 December 2003 and whose name appears on the birth certificate have parental rights and responsibilities. But those who fall outside these criteria will not have automatic rights for things like having a say in schooling and making medical decisions for their children. Then there are contact arrangements and without a contact order, a father may not, for instance, be allowed to take their children on holiday. This includes fathers who were married to the mother."
A mother automatically has parental responsibility for her child, as does a married father irrespective of whether the marriage to the mother occurred before or after the birth of the child. The father may still need legal help to sort out contact though.

Parental responsibility is defined as 'all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property'. This is the law which officially recognises a person as a child's father. This puts a father on an equal basis with the mother and gives them the legal right to have a say in their child's upbringing.

Having parental responsibility, however, does not guarantee contact with the children. The courts can make Defined Contact Order if a father is unfairly being denied the opportunity to see their child. This sets out how often and where a dad sees their child, based on the circumstances of the case and factors like any previous contact, where the parties live, the ages of the children and - depending on their age - the views of the children. Fathers can obtain contact orders without parental responsibility, but tend to apply for both at the same time.

"We would urge any dad unsure of their legal position regarding responsibility or contact to get in touch with an experienced family law expert and ensure they can enjoy father's day for years to come," added Andrew.

"Even if everything appears amicable to start with, there is no telling what can happen further down the line and so it pays to have the law on side."

Woolley & Co has 15 senior family lawyers working from home offices across the Midlands, East Anglia, London, South and South West, offering a full range of family law services, from pre-nuptial agreements to financial arrangements on divorce.

Bollywood divorces leading the trend for younger couples

Tue, 16 Jun 2009 12:06:00 GMT

High-profile Bollywood divorces are leading to an increasing number of young Indian couples breaking with tradition and seeking escape from unhappy marriages.

Marriage break-ups among stars such as film-maker Aditya Chopra and his celebrity wife Payal Khanna, superstars Saif Ali Khan and wife Amrita Singh and Aamir Khan and wife Reena have made it significantly more acceptable in Indian society, where previous generations may have considered marriage to be sacred.

However there are calls to speed up the process in Indian courts and help dispel the social stigma that is still attached with divorce in Indian communities in the UK, according to Shahzea Tahir, a Wembley-based lawyer with leading family law specialist Woolley & Co.

"It does seem that getting divorced in Indian culture is much more acceptable than it has ever been. This is a reflection of the number of divorces we are now seeing in Bollywood and among other high-profile Indian figures, like award-winning Bollywood actress and director Nandita Das who filed for divorce just last month,” said Shahzea, who has significant experience in dealing with break-ups in the Indian community.

"But we still have a long way to go. It is a common knowledge though that divorce proceedings in Indian courts can potentially drag on for years, especially if there are disputes about financial matters or if they are contested.

"However, being married in India does not necessarily mean one must divorce in India. If a person or their partner is either habitually resident or domiciled in the UK, they can commence divorce proceedings in the UK. Similarly, if a couple were married in the UK and then moved to India, they can still commence divorce proceedings if they meet certain criteria.

"Making applications for financial settlements and child support, including providing a roof for the children, are more likely to succeed in the UK, whereas in India divorce and ancillary proceedings are not governed by one universal law."

In India Hindus including Buddhists, Sikhs and Jains, are governed by the Hindu Marriage Act 1955, Christians by the Indian Divorce Act 1869, Parsis by the Parsi Marriage and Divorce Act, 1936 and Muslims by the Dissolution of Muslim Marriage Act 1939. Civil Marriages and inter-community marriages and divorces are governed by the Special Marriage Act 1956.

The Special Marriage Act was introduced for the people of India and all Indian nationals in foreign countries, irrespective of the religion or faith followed by either party. It allows for a decree of divorce on the basis of one year separation by consent.

Though most marriages now are registered under the Act, others may not be and will have to go through the procedure to be registered before they can divorce using those grounds set out in the Act. These include adultery, three years' desertion, cruelty or imprisonment of one of the parties.

"Although most Bollywood stars try to keep their private life out of the public arena and petition for a divorce on the basis of one year separation by mutual consent, this is not always possible for the majority of the people seeking a divorce in India. These individuals unfortunately are made to feel they have to justify the divorce and, as such, turn to the more mainstream fault-based reasons. Often this leads to more hostile, lengthy and expensive court proceedings," added Shahzea.

"In the UK however, an option is given whereby a divorce can be obtained by way of mutual consent if the parties have been separated for two years or more and if separated more than five years can do so without the consent of the other party. Of course, the grounds of adultery, desertion and unreasonable behaviour still exist, but timetables are put in place by the court to ensure the proceedings are conducted in a timely manner.”

Full details on the grounds for divorce and how to obtain a divorce are contained in the relevant sections of this site.

To discuss these issues with a family law specialist book an appointment online here.

Breaking up is hard to do – whether you are Katie and Pete or Mr and Mrs Average

Thu, 04 Jun 2009 11:21:00 GMT

As the headlines continue, following the announcement that Pete and Katie are getting a divorce, what the press are failing to note is how similar the issues that they face are to all those many thousands of ordinary people experiencing divorce or relationship breakdown.

Of paramount importance in all situations of divorce and relationship breakdown is the welfare of the children. Katie and Pete have two children together, Junior, three and Princess, one. Pete is also step-father to Kate’s son Harvey, aged 8. No doubt they will do all they can to minimise any disruption to their children’s lives. With regards to Junior and Princess, Pete will have parental responsibility which means he is recognised in the eyes of the law as having all the legal powers to make appropriate decisions in relation to the upbringing of the children. He will not automatically have gained parental responsibility for Harvey unless such an agreement was entered into.

It is alleged that the couple have been in meetings to discuss arrangements for their children and the latest news is that Katie wants a quickie divorce.

Deciding how best to look after the children will hopefully be their overriding priority. It is usual to try and keep the children settled in the family home wherever possible to minimise disruption to their daily lives. Let’s hope Pete and Katie can settle this issue amicably.

Whether parties do reach an amicable agreement or legal intervention is required it’s advisable to obtain legal advice from an experienced family solicitor to draw up a formal agreement. This should ensure that each party is clear about their responsibilities, misunderstandings do not arise and lead to conflict.

Much has been made in the media of a potential court battle over the couple’s joint fortune. It has been reported that Pete insisted on signing a prenuptial agreement prior to their wedding. This is a document in which a couple can set out their rights in relation to any property, debts, income and other assets purchased together or acquired individually, or that they have brought into a relationship. Once you are married, all assets become matrimonial assets and, unless protected, they are thrown into a single financial pot. Prenuptial agreements can be highly influential in any decision on assets, if not strictly binding, as judges are increasingly minded to take account of properly drawn up agreement.

The financial settlement can sometimes be the most contentious part of the divorce proceedings, particularly if, as in Pete and Katie’s case, large sums of money are involved. Take advice from an experienced family law solicitor who understands the complex legal issues involved. It seems Katie at least is already taking advice – allegedly having appointed the same solicitor used by Sir Paul McCartney in his divorce case.

Although Mr and Mrs Average may not be conducting their relationship breakdown in the public eye and are unlikely to have the same financial assets as Katie and Peter they still need advice and they need to carefully consider what is best for themselves and their children.

Let’s hope Katie and Peter get good advice, conduct themselves with dignity and that their children come out unscathed.

For advice on any of these matters, especially those involving children contact Woolley & Co, family law solicitors on 0800 321 3832 or book an appointment.