Category: Divorce Law

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.

No Fault Divorce and Domestic abuse proposals may be revived in the Queen’s Speech

Two key bills which have a major impact on family law face an uncertain future given the recent prorogation of Parliament. Both the Divorce, Dissolution and Separation Bill and the Domestic Abuse Bill have been halted due to lack of parliamentary time.

As reported in the Law Gazette, both of the bills were a result of extensive cross-party work and follow years of campaigning for reform. As there was no cross-over motion pre-prorogation then if the Government brings the bills back the process may have to start from scratch in the next parliament.

A glimmer of hope comes from the Leader of the House of Commons, Jacob Rees-Mogg who has stated that the Domestic Abuse Bill is “likely” to be a feature in the new parliamentary session.

He heavily hinted that it will feature with in the Queen’s Speech, saying: “I can’t tell you what is precisely going to be in the Queen’s Speech but I think I can give a steer that it’d be a great surprise to all of us if this Bill was not revived very quickly.”

Parliament has been suspended by the Government and is due to return on 14 October 2019.

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.

Benefits of introducing a no-fault divorce

The introduction of no-fault divorces is set to make getting a divorce simpler and more amicable.

UK law will soon reflect the fact that sometimes relationships don’t work and there isn’t necessarily anyone to blame.

The changes to the law will introduce no-fault divorces, allowing couples to submit an amicable statement of irretrievable breakdown instead of being required to provide evidence of adultery or unreasonable behaviour.

Here are just a few benefits of no-fault divorces.

Reduce conflict, stress and upset – Splitting up with a spouse is often a time full of upheaval and big life changes. The option for an amicable no-fault divorce can make the process psychologically easier and help to reduce stress and upset at what is already an emotionally-charged time.

Speed up the process– Under current laws, if only one party agrees to the divorce and there is no one to blame for the breakdown of the relationship, then the couple need to live separately for five years before a divorce will be granted. The new laws will remove the need to place blame on one party just to speed up the process.

More chance of a reconciliation – There is more chance of couples working out their differences and reconciling if proceedings are amicable. Having to place blame on one party in order to prove the breakdown of the relationship causes further friction and intensifies any bad feelings between couples.

Less upsetting for children – For relationships involving children, any measures that make the split less heated are beneficial. Divorce can be traumatic for children stuck between feuding parents who blame each other for the failed relationship.

Save money on court costs – Being able to come to an agreement without placing blame, should make it easier for agreements to be made outside of court, keeping legal costs down.

If you require legal help or advice with 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.

Will I Have the Right To Remain In The UK Following Divorce?

The right to remain in the UK if you are a foreign national is becoming an increasingly hot topic even for EU citizens with Brexit looming on the horizon. So, what happens to your right to remain if your relationship with a British citizen ends in divorce?    

While divorce itself is far from an easy process, foreign nationals will have the additional process of trying to remain in the country following the split. This can often bring home the disappointing reality that the right to remain in the UK depended on the person who is now an ex-partner.  

Fortunately for EU citizens there may be a right to remain if they have been married and have lived in the UK for five or more years. For those outside the EU the process is not going to be quite so straightforward.  

Whatever the circumstances, you should seek legal advice and make the home office aware if you are at all unsure of your status post-divorce. This may help your case if you want to remain in the UK or apply for one of the various visas that can buy you time while you consider your options.  

Student visas, work visas and family visas are just some of the possible ways to remain in the UK with varying timeframes applying to each.

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.