Category: Digital Divorce

Divorce and Children’s Education

Schools are an important and often overlooked area of divorce and complex issues can arise when parents don’t agree on where their child goes to school, who pays for what and who takes responsibility for picking up and dropping off at the gates.  

With many good state schools oversubscribed parents may well be concerned that their children won’t get a good education if one partner has to move to another area where schools are not of the same standard.  

There can also be disputes over who will continue to pay for a child’s education if one parent has always paid the lion’s share of fees at a fee-paying school.  

In both case the arrangements are best made through a mediation process where parents can decide what is in the best interests of the child. This can mean decisions are made over affordability, for example if one parent can’t afford to pay school fees then the other may commit to pay a share of the costs.  

This sort of arrangement may also apply to the purchase of school uniforms, equipment and school clubs throughout the school year.  

When it comes to living arrangements, then the parent that has custody of the child will be the one who decides for practicality reasons where the child should attend school if they live in a particular catchment area and the only option is a state school.  

These are just some of the issues surrounding a child’s schooling which may arise during divorce proceedings and if you need help with this or any other issues surrounding divorce, contact us today.

3 Things to Consider in Secret Before Getting A Divorce

We have all seen how divorce plays out on TV and in the movies but when you are facing the prospect yourself the process becomes all to real. In an age when things tend to happen fast it is worth considering how you can best prepare yourself.  

What will life be like after divorce?  

If you are considering divorce then you have probably come to the point of no return. However, it may be worth visualising what life will be like when you no longer have a husband or wife. Are you ready to move on with life after divorce and are any preparations in place for example?  

Consider finances  

If you have been dependent on a spouse financially then divorce can mean a significant drop in living standards. The final divorce settlement may help particularly if there are children involved, but if you are anxious about how you will cope, then it is better to start considering the financial implications of the divorce beforehand.  

Consider keeping a diary or notes  

It’s easy to forget important information during the course of a divorce. Making notes of what is happening beforehand can help towards preparation when it comes to settlements and other arrangements following divorce.

How Divorce Can Impact on Your Business

As any entrepreneur knows, it can take years of hard work to build business just as it takes work to keep a marriage on track. Unfortunately, there are plenty of examples of business owners seeing their marriage and business derailed during and after a divorce if they fail to plan in advance and take legal advice.  

42% of marriages are said to end in divorce and a good proportion of those cases are likely to involve business owners. Working long hours and being away from home for long periods can all lead to problems with marriage but its what might happen in a potential divorce which should be of equal concern.  

A business like anything else owned by either partner in a divorce may be considered a valuable part of a divorce settlement if either partner is the sole owner. There may even be occasions where an ex husband or wife could walk away with half the business.  

To prevent this happening, it is worth taking legal advice at the earliest opportunity. A business even if a former partner put no work into it can’t always be treated as a separate legal entity.  A solicitor can advise you on the steps to take to protect your business and its assets during the divorce.

Divorce – Are Your Prepared for The Unexpected

Agreements are not always binding particularly if there hasn’t been full disclosure relating to certain aspects of agreements whether they are prenuptial or part of a divorce settlement. Having an agreement that is watertight is critical if you want to take steps to avoid unexpected issues cropping up.  

The job of a divorce solicitor is to a large extent concerned with negotiating the best outcome for their client. People generally don’t want to concern themselves with all the details of a divorce preferring to get proceeding over and done with as soon as possible but this can run the risk of overlooking those unexpected outcomes that can arise when things are overlooked.   

This is why preparing adequately for divorce in advance is so important because reaching a watertight agreement should always be the aim. That agreement should also be fair to both parties. Disputes can arise both during and after divorce proceedings that can result in court battles neither former partner is going to want.  

This is one of the reasons there is such a big push towards allowing no fault divorces. People don’t really want to have to go through an acrimonious divorce that requires proof of a partner’s infidelity to be revealed to strangers.

Divorce Rates on the Rise for Silver Splitters

Despite latest statistics showing an overall fall in divorce rates to levels not seen since the 70s, divorce rates have actually gone up among those who would have been little more than teenagers back then.   

Middle aged divorcees have been labelled silver splitters in the newspapers who have pointed at the latest statistics as evidence that people are more likely to seek a new life without their partners when kids have left home and some couples are forced to look more closely at their relationship. Unfortunately, the statistics show the verdict is often that there is nothing left to keep a marriage together.  

The official verdict from the ONS for the rise in divorce rates in the 50s and 60s age group is that people can look forward to living longer and getting married again in later life if they feel a marriage has run its course.  

While a new life can seem like an appealing prospect, divorcing in middle age can be more difficult than it is for young people. Finances are often interlinked with joint accounts, pensions, houses and other assets often shared between married couples. Then there is the question of wills.  

Divorces must be carefully planned, therefore, to avoid at least some of the disputes that may arise as the process gets underway.

Divorce Rates Fall to New Low

According to figures released by the ONS, heterosexual divorce rates in the UK have fallen to their lowest point since 1973.  

The last time divorce rates were as low as they are now, Britain was about to join the EEC which was later renamed the EU and Elvis Presley was still performing. Fast forward to 2018 and divorce rates are once again down significantly with 8.4 divorces per 1,000 heterosexual couples. This marked a 5.6% decrease on the previous year.  

In total there were 101,669 divorces of heterosexual couples in 2017, which was 4.9% less than the year before. So does this mean people are suddenly more likely to stick together or is this just a statistical anomaly? According to the ONS the reason there are less divorces is simply down to there being less marriages.  

People are increasingly more likely to cohabit that get married. Compare this to 1973 when cohabiting would still have been largely frowned upon and these latest figures can be put into perspective.  

It is too early to tell if there is a more positive trend towards heterosexual couples staying together rather than opting to divorce if marriages become strained. In fact, among older people, divorce rates have actually gone up.

Divorce – Can You Take the Money and Run?

Being married often means sharing everything you have with your spouse but when a relationship breaks down thoughts can turn to making a grab for assets and cash. If you have  a joint account then it can be tempting to access it and withdraw half or even all of the money in an account before you are forced to share half in a settlement. This can pose a problem, however, if it is seen by the court as over stepping the mark.  

On advantage of making withdrawing your half of what’s in the account before a divorce takes place is you then have the money in your possession whatever happens. This avoids any risk of not being able to get your hands on money if the account is frozen by your partner.  

Of course doing this will send a clear signal to your ex partner that you don’t trust them and it will almost certainly result in them not trusting you either.  

It is far better to come to some kind of agreement on joint finances to avoid bitter disputes further down the line. For example one partner may feel that they contributed more than half to the account and will feel aggrieved if half of the money is then taken without their consent.  

In extreme cases during a hostile divorce, accounts can be frozen preventing anyone from accessing the account or one partner may withdraw all of the money and spend it. In the latter case, it is almost inevitable that half of the money will have to be returned.

Strict Penalties Now Being Imposed For Divorce Settlement Breaches

One 83-year-old man recently found out the hard way that breaching a divorce settlement can result in a jail sentence rather than a financial penalty which has often been applied to such cases in the past.  

The man from Bristol was a multimillionaire who had reached a divorce settlement totalling more the 3 million with his ex-wife. The sum was awarded following a disputed divorce case which had  continued for more than seven years and involved several court appearances in that time to reach settlements on a number of issues. 

The length of the case may well have been an aggravating factor which led to a prison sentence being imposed when it was found that the individual had breached the divorce settlement. Even so, the case should serve as a further warning that judges are prepared to impose more severe sentences following similar outcomes in other divorce cases involving breaches of settlements.  

Sentences imposed recently have totalled six months in prison which can far outweigh any financial gain from attempting to delay and avoid paying settlements.  

If you are concerned about financial settlements in divorce and your rights to fair treatment in a divorce case, contact us today.  

How To Limit The Financial Damage Of Divorce

You may have seen a recent TV series covering wealthy divorcees and how some struggled to claim the kind of settlements they thought they deserved. Whether their claims were justified or not, the series highlighted how their former husbands had put lots of forward planning in place to make life difficult for their ex wives in there attempts at compensation for their contribution to the marriage.  

One of the better known ways to protect your wealth in case of a future divorce is to sign a prenuptial agreement which places legally binding restrictions on what one partner is able to claim from the other in the event of a parting of ways.  

The reality is most couples in the first throes of a romantic relationship are unlikely to consider such an agreement unless they happen to be particularly wealthy or they are some kind of celebrity where such agreements are commonplace. 

So the main ways to protect your assets and cash is to put in place some degree of separation. For example you may want to separate your joint accounts from individual accounts and if you own property, then who owns it should also be clearly defined.  

The example in the TV show saw husbands spiriting away their cash in offshore accounts and various other ways to hide what was alleged to be their true net worth.  Most of us mere mortals are not going to have access to these types of devious schemes but keeping accurate records can also help particularly when it comes to assets left in wills and trusts.    

How Long Does It Take To Divorce If A Couple Agree On Everything?

One of the most common questions asked about divorce is “how long will it take?”.  

Deciding to go through with a divorce and end a relationship is not an easy decision for most people. Often getting divorced can not only have an impact on the couple themselves but also on family and friends. The longer that relationship has been in place the more difficult it becomes to untangle all the links and move on to a new phase in life.  

Filing for divorce will in most cases mean all avenues will have been explored to save a relationship so naturally given what is at stake, one or both people in the relationship will be keen to get the process out of the way as soon as possible so that they can continue with their lives.  

Unfortunately, even if a couple is in agreement on everything, there is still a fairly lengthy period of time before a divorce is finalised. The good news is, however, timeframes have fallen a little in recent years following the introduction of regional divorce centres aimed at speeding things up. 

The average time taken for divorce in 2014 was 33 weeks, however this has now been reduced to between 22 and 24 weeks where both parties agree. You can expect the process to take a little longer of course, if both parties are not in agreement.