Category: Digital Divorce

How much does it cost to get a divorce?

When getting a divorce, the cost of the process probably isn’t the first thing on your mind, but it is certainly something that you should consider.
Over recent years, the cost of court fees has risen, bumping up the price of filing for a divorce.
It’s not just the immediate cost of the divorce process that couples should prepare for though, they must also plan for other hidden expenses that they may face as a result of the divorce.

The cost of filing for a divorce
The price you can expect to pay when filing for a divorce will vary depending on several factors, including:
• Whether you are the divorce petitioner or respondent (the person applying for the divorce or their spouse).
• Whether you use a solicitor or a DIY divorce service.
• Whether your divorce is contested or uncontested.
• Whether your divorce involves a financial settlement and, if so, the complexity of the settlement.
• Whether you require divorce mediation.

Divorce centre fee

No matter what the circumstances of your divorce and the route you take when filing it, you will be required to pay a fee of £550 to the divorce centre to cover the cost of court fees upon applying for your divorce.

Solicitor fees
It is possible to fill out and apply for your divorce without the help of a solicitor to save yourself some money. Bear in mind though that this can be a stressful and complicated process which could prolong the process of getting divorced. If your divorce requires a financial settlement, then you will also require legal help with this.
On average, using a solicitor to apply for a divorce costs between £1000 and £1500.
This cost will increase if you and your partner cannot come to an agreement about finances.

The hidden lifestyle costs of divorce
The hidden costs of divorce are those associated with getting your life back on track after the divorce has been finalised.

The extent of these costs will depend on:
• Whether you owned property together.
• Whether you have any children.

Some of the hidden costs of divorce to plan and prepare for include:
• Moving house.
• Buying a new property.
• Redecorating.
• Child maintenance.
• Buying a new vehicle.
• Childcare costs.
• Buying new furniture and electrical goods.

For help or advice with filing for a divorce quickly and efficiently, give our team of solicitors here at Lund Bennett a call on 0161 927 3118.

Tips for managing Christmas arrangements when you’re a divorced or separated parent

If you’re divorced or separated with kids, your Christmas arrangements may look a little different to the ‘traditional’ family’s.

Deciding who the kids will spend time with over the Christmas period can create a lot of tension and stress if not managed carefully.

Striking a fair and harmonious agreement about Christmas arrangements often means letting go of your image of the ‘perfect Christmas’ and making new traditions instead.

We’ve put together some tips and advice for keeping Christmas arrangements as amiable and stress-free as possible.

Make plans in advance

Making plans for Christmas well in advance of December will help to avoid disappointment and extra stress during the busy festive period. It is also in the children’s best interests to know what to expect at Christmas.

Have a ‘fake Christmas

Don’t hang all your hopes and dreams on Christmas day. Remember, it’s just a day and you can still do everything you want to do on an alternative day instead. If you’re feeling disappointed that you won’t experience the magic of Christmas eve or Christmas Day dinner with the kids this year, try recreating the events on another day when you’re all together, chances are the kids won’t object to spreading out Christmas and doing it all over again!

Prioritise the children
Remember, it’s not easy for children either and their preferences and feelings should always be the priority in your arrangements.

Make new traditions
Accept that Christmas will be different as a divorced or separated parent and embrace the change. Whilst it may be possible to continue some of your old traditions, don’t be afraid to get creative making new Christmas traditions with your children.

Keep it harmonious
No matter what form your Christmas is going to take this year, try to focus on enjoying the time you have together with your children rather than letting any disputes or bitter feelings take hold of the festive period. Try to stay positive about Christmas arrangements in front of your children to save them from getting mixed up in any disputes.

For help with divorce law, separation law or children law, get in touch with our team of family law solicitors here at Lund Bennett by calling us on 0161 927 3118.

Who decides where a child lives after their parents separate?

Any separation can be difficult, but one that involves children can be particularly challenging and emotional.

The biggest decision that couples with children will need to make if they separate, is the children’s living arrangements.

Where possible, it is always easiest and less stressful for everyone involved if the family can come to an amiable agreement together.

However, this is not always possible. In instances where parents do not agree on where a child should live, they may need to seek help from one or more of the following:
•A solicitor specialising in family law.
•Mediation.
•The Family Court.

No matter which route you take to help decide the best living arrangements for your children, the welfare of the children is always considered first and foremost.

Family law solicitor
A family law solicitor will be able to advise you on all avenues open to you and provide you with sound legal advice and guidance.

Mediation
Mediation is a process guided by a trained, impartial, third-party that allows the two parties to have a constructive discussion and hopefully negotiate an outcome that all parties are happy with.

The Family Court
If an agreement still cannot be reached, then it may be necessary to apply to the Family Court for one or more orders to be made. A child arrangement order will decide who the child will live with, who they will spend time with, and when. In some cases, it may also be relevant for the court to issue a specific issue order or a prohibited steps order.

Lund Bennett are family law specialists based in Altrincham and Manchester. For legal help and guidance regarding disputes about child living arrangements, mediation services, or help applying for a court order, get in touch with our team of specialist solicitors by calling us on 0161 927 3118.

The new no-fault divorce law: What you need to know

The government are introducing no-fault divorces in a bid to end the divorce ‘blame game’ and make the process faster, simpler and more amicable.

When announcing the plans to reform divorce law, Justice Secretary David Gauke said: “While we will always uphold the institution of marriage, it cannot be right that our outdated law creates or increases conflict between divorcing couples.”

Current grounds for divorce

Existing divorce laws are over 50 years old and have been under fire for being outdated and causing unnecessary further conflict between divorcing couples.

Currently, couples who wish to get a divorce are required under the Matrimonial Causes Act to prove one of the following:

  • Unreasonable behaviour.
  • Desertion (for 2 years).
  • Mutual separation (for 2 years).
  • Have lived apart for 5 years (if one party does not agree to the divorce).

The new no-fault divorce

Under the proposed new laws, couples will simply be required to issue a statement saying that there has been an “irretrievable breakdown” of their relationship.

A minimum time frame of six months will be introduced to give couples the opportunity to work things out and change their minds before the divorce is finalised.

Other changes include the option to make a joint application for divorce, and the scrapping of the option to contest proceedings.

There is not yet a date for when the new law will come into effect, but the government have expressed that they are committed to introducing the new changes as soon as possible and expect it to be within the next year.

If you require legal help or advice with any aspect of divorce law, get in touch with our team of specialist solicitors here at Lund Bennett by giving us a call on 0161 927 3118.

Brexit Divorce Dilemma For Property Owning Couples

With Brexit looming large in March property prices may see a dramatic readjustment that could go one way or the other depending on the outcome. This may not be an issue for those not planning on moving anytime soon but for couples on the edge of divorce there is now a dilemma.  

Property prices to a great extent are driven by a mixture of national sentiment, the availability of credit and seismic shocks to the economy. The financial crisis of 2008 for example brought prices tumbling across the country and many areas are still yet to recover.  

According to the Governor of the Bank of England, Mark Carney, a no deal Brexit could see prices fall by 35% in three years. Whether this actually turns out to be the case is another matter. Forecasts by the Bank of England aren’t always as accurate as the weather forecast and then there is the prospect that we get a deal, everything is forgotten and there is a boom in house prices.  

So the dilemma for divorcing couples where property biggest is their biggest asset is whether to go ahead with the process of divorce and risk selling and dividing up a property at a potential loss, or speed up the process in the hope that advantage can be taken of more favourable market conditions. 

Depending on the view of the person thinking of filing for divorce, the strategy may be to wait until all the fuss is over before proceeding.

Is Facebook Bad for your Marriage?

According to statistics it is. Research into reasons given for divorce in the UK show that Facebook is mentioned in 33% of divorces.  

While Facebook was originally conceived as a way for lost friends to get in touch with one another, its use has grown to the point where it has a a direct impact on the lives of those friends if used inappropriately.  

While much of what is posted in social media relates to people’s travels, family photos, food and nights out, there is sometimes a darker element to its use which can sometimes get out of hand.  

For one thing, getting in touch with lost friends can include those of the opposite sex such is the ease of tracking people down on the site. Depending on how either partner views getting back in contact with old flames, this can result in deep mistrust between partners and even divorce if behaviour is seen as unreasonable.   

News can also travel fast when it broadcast among friends and sometimes people may even use the Facebook to air their grievances about their husband or wife. Criticising a partner in front of several hundred friends can be a whole lot more damaging than doing it face to face.

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.