Category: divorce settlements

What evidence can be used during divorce proceedings?

During divorce proceedings you will be required to give evidence to support all information and claims you make.

When applying for a divorce, you will need to provide proof that your marriage has irretrievably broken down for one of the following reasons:
• Adultery
• Unreasonable behaviour
• Desertion
• Two years separation with your spouse’s consent; or
• Five years separation, whether your spouse consents or not

The evidence and documentation you provide will be used to prove your grounds for a divorce and help to fairly divide assets and make important decisions regarding custody and maintenance costs for any children involved in the case.

Types of evidence that may be required to support your case

Financial
• Bank statements
• Tax returns
• Salary information
• Details of property owned
• Details of assets owned
• Details of any debts

Children
• School records
• Your child’s medical records

Reasons for divorce (eg. domestic violence or adultery)

• Photos
• Text messages
• Social media posts and messages

As well as physical documentation and evidence, you may also provide evidence verbally through your own testimony and witness testimonies by friends, family and experts.
Hearsay is not acceptable as evidence.

What should not be included as evidence?

• Confidential documents/letters obtained without permission.
• Private emails, social media messages and text messages obtained without permission.

Intercepting confidential letters or communications and hacking into a person’s private digital accounts is illegal, so any evidence obtained this way cannot be included in proceedings.

You can, however, include any physical or digital communications that you have received yourself.

All of your evidence should be given to your solicitor during the preparation of your case so that it can be included in your exhibit list and properly introduced during the court case.

For further help or advice with divorce law or beginning divorce proceedings, give our team of family law 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.

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.

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.