Category: Getting A Divorce

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.

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.

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.

What Is a Stay At Home Parent Entitled to In A Divorce?

Divorce is a major step for any couple to undertake and there are circumstances where a parent might be left at a significant financial disadvantage. This is particularly tru if for example you happen to be a stay at home mum with no regular income.   

Fortunately, this is the 21st century and there is no reason to remain in an unhappy marriage due to the fear of being left destitute. You will find that courts have plenty of power to ensure that where necessary your needs will be met through ongoing maintenance not just for the children but also for you personally depending on your circumstances.  

Child maintenance and spousal maintenance are the main sources of help but you can even apply for interim spousal maintenance prior to a final order if you are likely to suffer significant hardship.  Beyond that and following divorce, you could as a stay at home parent be entitled to spousal maintenance until your children have completed their secondary education and there are cases where orders can be indefinite.  

Unfortunately, you will need to make a clear case for spousal and child maintenance and awards can vary depending on your former spouse’s ability to pay, It is important therefore to seek legal advice at the earliest opportunity to achieve the best outcome.

Divorce – Can You Take the Money and Run?

Being married often means sharing everything you have with your spouse but when a relationship breaks down thoughts can turn to making a grab for assets and cash. If you have  a joint account then it can be tempting to access it and withdraw half or even all of the money in an account before you are forced to share half in a settlement. This can pose a problem, however, if it is seen by the court as over stepping the mark.  

On advantage of making withdrawing your half of what’s in the account before a divorce takes place is you then have the money in your possession whatever happens. This avoids any risk of not being able to get your hands on money if the account is frozen by your partner.  

Of course doing this will send a clear signal to your ex partner that you don’t trust them and it will almost certainly result in them not trusting you either.  

It is far better to come to some kind of agreement on joint finances to avoid bitter disputes further down the line. For example one partner may feel that they contributed more than half to the account and will feel aggrieved if half of the money is then taken without their consent.  

In extreme cases during a hostile divorce, accounts can be frozen preventing anyone from accessing the account or one partner may withdraw all of the money and spend it. In the latter case, it is almost inevitable that half of the money will have to be returned.

The Rising Cost of Divorce

Taking the decision to go ahead with a divorce is not to be taken lightly with fees rising rapidly in recent years. Taking this into account, it pays to ensure you are using the right solicitors firm to represent you and that they provide value for money.  

According to a survey released by the insurance company Aviva, the average cost of a divorce increased from £1,280 to £2,679 since 2014. This doubling of the fees inevitably places an enormous burden on those who lack the funds to pay fees.  

It must also be considered that the better family law firms will ensure the best outcomes in contested cases, which means selecting the cheapest firms might end up costing more in the long run.  

Divorce cases where children are involved can often be more complex than for couples with no children and in these cases, costs have risen by 62% to an average £5,671.  

In order to pay these sorts of fees people are generally forced to either borrow money or turn to friends and family for help.  

If you are concerned about any aspects of divorce including the fees involved we would be happy to advise on how are services are competitive and aimed at achieving the best outcomes for our clients.  

Getting A Divorce If You Have Children

One of the biggest concerns for parents contemplating a divorce is what will happen will happen to their children. From who gets custody to maintenance payments, the whole process of coming to an agreement can be difficult for both parties.  

If you are in this position then one thing you will be relieved to hear is that children are not included in the divorce case itself. Matter concerning the children are treated separately nowadays and cases are often quite straightforward. 

In some cases divorced parents can resolve what happens with the children themselves without having to go through lengthy court battles of the kind you might have seen on tv or in the movies. Arrangements for the children are now made via family courts under what is called a child arrangements order while housing and maintenance payments are dealt with again separately as part of financial relief proceedings.  

Even before any of these cases are brought before the courts there will be a mediation process to try to resolve any outstanding issues before going to court.  Family based arrangements can be made between ex partners to sort out child maintenance without the involvement of third parties which is often far less stressful than having to involve others.