Category: Divorce Cases

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 long does it take to get a divorce?

If you and your partner have decided to get a divorce, you’ll probably want to get things settled as quickly and painlessly as possible.

Unfortunately, getting a divorce can sometimes be complicated and the timescales for getting one can vary significantly.

How long it will take from filing for a divorce to receiving your decree absolute is dependent on several factors including:

How quickly you reach an agreement
If you and your partner reach a straightforward agreement, then this is called an uncontested divorce. Uncontested divorces are usually much quicker to settle than contested divorce.

If you cannot reach an agreement about the terms of your divorce, then you will be required to attend mediation followed by court if the dispute still cannot be resolved. This can cause the process to drag on and take much longer than an uncontested divorce.

Whether any children are involved

If you and your partner have children, then it may take longer to iron out all the terms of your divorce relating to custody and child maintenance payments.

How many assets are owned
The more assets that you and your partner own, the more complicated and time-consuming the process of dividing your assets is likely to be. Just some of the assets that will need to be considered include property, savings, pensions, and vehicles.

How busy the Court of Administration’s processing centre is
Even if you come to an agreement quickly and fill out and return all documentation promptly, if the Court of Administration’s processing centre is very busy and have a backlog of work, this can hold things up.

Average timescale for a divorce in the UK

Once an agreement has been reached and a divorce has been filed for, the average time to receive a decree absolute is around 12 months.

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.

What does the New Year mean for your relationship?

Now the decorations have come down and people have recovered from the Christmas festivities is the time that families reflect on what they want to achieve from the year ahead.

Sadly, for many this means a decision to separate from a marriage or a partnership. A New Year, and for 2020 a new decade, can have a strange effect on people and give them a boost to make and implement life changing decisions.

These should never be taken likely and it is always upsetting when a relationship breaks down, particularly when children are involved.

In 2019, there were hopes that there would be widespread reform of the divorce system within England and Wales. Due to complications around Brexit and the snap General Election, these proposals were put on hold and their future remains uncertain. Those hoping to initiate proceedings under a ‘no fault’ divorce will have to use the grounds under the current system, which are: Adultery, Unreasonable Behaviour, Desertion – 2 continuous years, 2 years separation with consent and 5 years separation – no consent required.

There is however an exciting shake up to the laws surrounding relationships in 2020 for heterosexual couples. For the first time they will have with the ability to choose whether to enter into a marriage or a civil partnership, which has previously only been available to same-sex couples. It will be interesting to see how many take advantage of this option throughout the year.

Maybe people we advise feel a sense of loss or embarrassment over the breakdown of their relationship. Our approach is to listen to our clients and provide non-judgmental and pragmatic support and guidance during an initial consultation and throughout the process.

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

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.

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.

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.