Your finances and divorce

The family home, businesses, pensions, trusts, international issues…divorce finances can be daunting. By looking beyond the legal and taking a commercial, practical and creative approach, we make the complex understandable.

When you’re facing a divorce, you need to know where you stand financially. You may be concerned about your immediate financial security or responsibilities, unclear on how to approach dividing up the family’s assets or worried about what kind of financial settlement you might end up with to support you and your children

Whether we’re negotiating on your behalf, representing you in court, facilitating discussions with your partner in mediation or collaborative meetings, or preparing a pre-nuptial agreement, we are adept at answering the most challenging legal questions.

In considering a suitable settlement a variety of factors need to be considered including:

  • The income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future, including in the case of earning capacity any increase in that capacity which it would, in the opinion of the Court, be reasonable to expect a party to the marriage to take steps to acquire;
  • The financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;
  • The standard of living enjoyed by the family before the breakdown of the marriage;
  • The age of each party to the marriage and the duration of the marriage;
  • Any physical or mental disability of either of the parties to the marriage;
  • The contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family;
  • The conduct of each of the parties, if that conduct is such that it would, in the opinion of the Court, be inequitable to disregard it;
  • In the case of proceedings for divorce or nullity of marriage, the value to each of the parties to the marriage of any benefit which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring (e.g. a right to your husband’s pensions).
  • The age of each party to the marriage and the duration of the marriage;
  • Any physical or mental disability of either of the parties to the marriage;
  • The contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family;
  • The conduct of each of the parties, if that conduct is such that it would, in the opinion of the Court, be inequitable to disregard it;
  • In the case of proceedings for divorce or nullity of marriage, the value to each of the parties to the marriage of any benefit which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring (e.g. a right to your husband’s pensions).

 Call our team today on 0161 924 0079 to arrange your first appointment.

Revealed: A surge in Domestic Violence during COVID-19 Pandemic

A report by the Guardian has revealed shocking statistics revealed that domestic violence has surged since the start of the coronavirus lockdown, as the home secretary, Priti Patel, insisted that help for all victims of abuse was available.

The UK’s largest domestic abuse charity, Refuge, has reported a 700% increase in calls to its helpline in a single day, while a separate helpline for perpetrators of domestic abuse seeking help to change their behaviour received 25% more calls after the start of the Covid-19 lockdown.

Data from around the world suggest that the introduction of lockdowns has led to a rise in domestic abuse, with victims unable to avoid perpetrators.

For a minority of financially blessed and happy families, lockdown might seem almost holiday. For most, however, it has unleashed profound stress due to economic pressures, bereavement, sickness — and the unfamiliar experience of being cooped up in small spaces, in many cases juggling kids and, if you are lucky enough, jobs.

For information and support on domestic abuse, contact:

  • Police : 999 press 55 when prompted if you can’t speak
  • Refuge UK wide 24-hour helpline : 0808 2000 247

Your Child Arrangements during Coronavirus

During this uncertain time as family lawyers we are receiving a significant number of enquiries from separated parents about how and whether they should continue with arrangements in light of the spread of coronavirus, school closures and further government advice.

It is very important that we continue to follow government guidelines. If you are not aware of the current Government Advice we have covered this below:

The Chancellor of the Duchy of Lancaster, Michael Gove, appeared on both Good Morning Britain and BBC Breakfast News on 24 March 2020. In his initial interview he indicated that all children should remain with the parent in whose care they currently are. In his second interview he both apologised for his lack of clarity in the earlier interview and helpfully clarified the government’s advice which is that all children of separated parents under the age of 18 should continue to see both of their parents.

The clear government advice is welcome news for separated parents and means in general that:

  • If there is a Court Order in place that defines the time children spend with each of their parents this should continue; and
  • If there is no Court Order in place then the normal arrangements should continue.

Everyone at Lund Bennet appreciate that each case will be very different and every family will have their own particular set of circumstance they have to contend with. We would encourage all separated parents/families to discuss matters openly and honestly and agree with a plan which works best for the children. If unfortunately, you’re a parent who is being refused time with their child and are unsure if this is reasonable, or if you’re a parent who doesn’t know whether to allow their child to visit their other parent’s home, you may need some legal advice at this time. We can offer telephone appointments with our experienced solicitors who can provide practical and sensible guidance at this difficult time. Contact us to book a telephone consultation today.

Coronavirus is very likely to cause a spike in divorce rates in the United Kingdom

With the whole country now into it’s third week of lock down it is likely there are thousands of married couples now self-isolating which could potentially end in divorce.

Typically the peak times for people divorcing are after long periods of exposure together over the summer holidays and Christmas period.

Lady Shackleton told peers at Westminster that often when couples face serious and stressful situations it can lead some to re-evaluate their lives and what is important to them.

Ahead of the United Kingdom in the divorce increase is China. After ‘couples spending too much time together’ China has seen over 300 couples applying for divorces in the last three weeks. One city has introduced a limit to allow no more than 10 couples to divorce per day.

A 2018 study found couples who lived together before marriage had lower divorce rates in the first year, compared to couples who didn’t. But higher divorce rates appeared after people living with their spouses for five years or longer. 

Adultery is decreasing

It is encouraging to note that fewer couples are now citing adultery as grounds for divorce, as shown by the recent figures from the Office for National Statistics. Adultery was cited in 9,205 divorces in 2018, down from 20,765 in 2008 and 36,310 in 1998.

It is encouraging because adultery petitions are often filed when there is a heightened level of animosity between the parties and make it more difficult for the parties to progress the divorce, and their related financial matters, amicably.

We are, of course, all waiting for the Government to change the law so that parties can obtain a ‘no fault’ divorce.  This will save parties from the upsetting process of having to place blame on each other just to progress their divorce, even when not doing so would be their preference, reducing conflict so that the parties can move forward as amicably as possible.

Experienced and understanding lawyers, contact Lund Bennett’s team of family lawyers have the empathy and the expertise you need. Call us now on 0161 927 3118 or contact us online today and we will call you.

Emotions and Divorce

Separating/divorcing – and the legal process of doing so – is one thing, but the practicalities of divorce go hand-in-hand with an emotional transition.

If proper attention isn’t paid to the emotional and mental side of divorce it can lead to a significant impact personally and any family who might be impacted by the decision – particularly children. 

There is no doubt that a life changing decision like separation can be very traumatic. The process will require important decisions to be made at a time when stress and hurt-feelings can cloud judgement, resulting in choices that might later be regretted. A decision made in a moment of anger, in the spur of the moment can mean a significant long-term loss – financially, in relationships with others and in future life prospects. 

It is the job of family lawyers to provide sound advice and take you through the legal process, but to also understand and work with the inevitable emotional stress. Without this expertise, achieving a positive result is far less likely.

The early stages of a divorce will bring significant anxiety, leading to disbelief, confusion, a feeling of helplessness, a sense of insecurity and – ultimately – loss of control. This is not a good time to be making decisions about your future and a good lawyer will recognise this.  You are unlikely to have to make urgent decisions about your future at this stage. It’s our job to give you clear information, emotional support and for you to get an understanding of the situation you are in.

Feelings of guilt are also common. Many clients will assume that they have done something wrong and start to blame themselves. Again, for anybody experiencing these feelings, it is not a good time to be making important decisions. 

While these feelings can seem to be all-consuming, experience has shown that – in the vast majority of cases – they are only temporary and do pass as the divorce process unfolds. Reaching a feeling of calm will make planning for the future easier and allow you to think about life after the divorce. This will also lead acceptance that, while things will inevitably be different, it doesn’t necessarily mean a change for the worse.

An experienced family lawyer will be able to help you through the emotional journey divorce can bring as well as introducing you to professionals who can provide extra support, should you need it. From that point, the process of evaluating, planning and executing the best legal support for you is a much easier, more effective process.

Lund Bennett Family Law Specialists offer a wide range of family law related services. Call us today and we can help.

0161 927 3118

What is a quickie divorce?

Anyone that reads celebrity news will have come across the term “quickie divorce” at some point over the years.

If you’ve read about Ant McPartlin, Cheryl Cole, Rowan Atkinson, or Louise Redknapp’s divorces, then you may be under the impression that they received special celebrity treatment, a divorce in just a matter of seconds!

These media reports about so called “quickie divorces” are actually very misleading, as all divorces go through the same process, no matter what your celebrity status.

So, what are the media actually referring to when they say that Cheryl Cole received “Britain’s fastest ever quickie divorce”, and was divorced in just 14 seconds?

The part of the divorce process that is being referred to here is how long it took the judge to read out the pronouncement of the first decree.

Once a couple receive the first decree, this does not mean that their divorce is complete, it is simply confirmation from the court that they agree there are grounds for a divorce.

The divorce will not be finalised until the decree absolute has been granted, and unless there are exceptional circumstances the couple must then wait a minimum of six weeks and one day before applying for the decree absolute.

Exceptional circumstances are considered on a case by case basis. The most common reasons for a decree absolute to be expedited is if one person is dying and wishes to divorce before they pass away, or if one party has moved onto a new relationship, is pregnant, and wishes to remarry before the baby is born. Celebrity status certainly doesn’t play a part!
Generally, all divorces in the UK take between 6 and 12 months to complete. If financial matters take a long time to resolve, then the process can take even longer.

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.

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.

New study shows that 7.6 Million Parents Stay Together Because Of Their Kids

A new study has indicated that over a fifth of parents have stayed in a relationship for longer than they wanted to for the sake of their children.

On average, parents stayed together an additional five and a half years because of their children, when they would have otherwise split up.

Also, parents are staying in relationships for over half a decade longer than they would have if it wasn’t for their children.

Interestingly, the study, which was commissioned by Direct Line Insurance, also demonstrated a division between men and women on their reasons for staying together. The main reason for men is because they believe it is better for children to have two parents living at home (46 per cent), while for women it is because they cannot afford to separate with the other parent (31 per cent). This highlights the financial challenges many families, and especially women, can face when splitting up as the previous combined household income then needs to stretch across two properties and often cover additional childcare costs too.

There is a clear generational difference, with parents now over the age of 55 believing they stayed in a relationship for nearly seven years longer due to their kids, compared to just over three years for parents currently under the age of 35. It shows how attitudes are changing towards break-ups and relationships where children are involved.

If you have a family law query, then please contact our team at Lund Bennett Law LLP on 0161 924 0079.