Category: Divorce Emotions

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.

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. 

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