Category: Getting A Divorce

When Should You Hire a Family Lawyer?

It can be incredibly difficult and upsetting when legal issues arise within a family. There are many different reasons why a family might be struggling with legal issues.  A family lawyer can help manage all of these family affairs, making it easier for your family to get professional advice and sort out any issues you may be having. 

But what sort of legal issues may require a family lawyer? Below, we take a look at some of the reasons you may need a family lawyer. 

Marriage

If you are preparing for a marriage, it is important that you seek legal advice. Although it may seem like a simple ceremony, it can be actually quite complicated legally. A lawyer can help you understand the marital laws of your state and any advice on any marital rights you should know. If you are considering getting a prenup, a family lawyer will also be able to help you navigate this. 

Divorce

Divorce can be incredibly tricky for any family, and ending a marriage can be a long and complicated process. There are various reasons why you will need a family lawyer to help deal with a divorce. An attorney will help you sort out issues like: dividing property and working out property ownership, child custody, and alimony.

Adoption

Adopting a child is incredibly exciting, but it is a long and strenuous legal process. For some people, it can take years to be given a child to adopt, and even then it can take a few months to finalise the documents. A family lawyer will make sure that your adoption papers are all up to standard and will hopefully ensure that your adoption will be successful. 

Benefits of Using a Family Lawyer – Lund Bennett

Whenever you have an issue or a family matter that requires legal representation, it’s essential to seek the assistance of a knowledgeable and experienced professional. This is even more apparent in situations such as divorce or matters involving children, as the outcome could be life-changing in regards to your personal or financial situation.

At Lund Bennett, our team of family lawyers based in Manchester specialise in all areas of family law. This means we have a wide range of experience and knowledge at our disposal, having dealt with countless situations involving children and divorce. These scenarios can be extremely stressful for parents, and emotionally traumatic for children, which is why a specialist will prove to be a crucial asset for a swift and smooth resolution.

In-Depth Knowledge of Family Law

Laws change all the time for a variety of reasons, and no matter how minuscule a change is, it should never be overlooked. Many different cases fall under the umbrella of ‘family law’, but these are only a small percentage in regards to the law as a whole. A family lawyer specialises in these specific areas and will maintain an up-to-date knowledge of family law and child law, as well as remain aware of any changes that may affect your case.

A Family Lawyer to Suit Your Needs

Every member of our family law team is an example of the highest-quality family lawyer. With a wealth of experience and a vast range of knowledge pertaining to family law, we have a family lawyer on hand to suit the needs of any client who requires legal assistance. So, whether one of our lawyers handles your matter personally, or as a team when necessary, you will have the peace of mind knowing you’re in safe hands. 

Children and divorce is undoubtedly a tricky and stressful subject, but these feelings can be reduced somewhat when you have a specialist family lawyer in your corner. With years of experience in divorce and financial proceedings, as well as child law, we can guide you to a satisfactory resolution that ensures the best possible future for your children.

Highest Rates of Divorce

  • In 2018, the small Baltic states of Lithuania and Latvia had the highest divorce rates in all Europe at 3.1 divorces per 1,000 inhabitants each. 
  • In the mid-1900s, the Nordic countries had shifted to emphasise individual independence even within the family unit, giving way to higher divorce rates. 
  • As a result of strict family laws, divorce rates in England and Wales are significantly lower than other European countries.

A Short History Of Divorce

Throughout history, Europe upheld a series of strict laws regulating divorce. Around the 1950s, many countries allowed divorce if one partner had committed an unspeakable act like adultery or domestic abuse. However, the 1970s gave way to what is colloquially known as the “no-fault revolution,” in which divorce was permitted if mutually agreed upon by both partners.  

From then on, numerous reforms related to divorce took place, with some countries even introducing the concept of unilateral divorce which legally granted separation if requested by only one spouse. Many experts agree that these new laws made divorce easier to obtain, ultimately contributing to the rise of divorce rates in Europe.

Reasons For Divorce

These same experts generally agree that there are numerous reasons for divorce shared by many countries around the world. Some argue that the overall quality and sanctity of marriage has declined, while others insist that our new modern world has provided individuals more opportunities to meet potential partners after having decided to settle down. Victor Martin Organista, an attorney from Madrid, even claims that people grow more mature and independent as they get older and simply decide to follow a different path than their spouse.  

There are, of course, very specific reasons related to each country, particularly in Europe which is a wonderful tapestry of different cultures and people. For example, divorce was illegal in Spain up until 1981, long after the rest of Europe had already progressed well beyond that. Because of these types of reforms, Spain moved away from its Catholic roots to become more secular. Event though Catholicism frowns upon it, this sudden increase in religious freedom made it more acceptable to file for divorce.

The strange things divorcing couples have rowed over

A TOP lawyer firm has revealed the most bonkers items divorcing couples have fought over – including a Henry the hoover and a doll’s house.

A recent article written by The Sun newspaper has revealed the bizarre items of property that divorcing couples have rowed over.

Pets were a running theme in disputes, with parrots, dogs and even dog clothes being contested. 

But there were also some unsurprising entries, with couples locked in a divorce battle fighting over engagement rings and family heirlooms.

Other trivial things unhappy spouses went to war over were a selection of Star Wars figurines, an antique mirror and a vintage fruit bowl. 

It is very common for some parties to become wrapped up in a dispute over items which are simply not cost proportionate to litigate over. 

With the help of legal representation from Lund Bennett, it is important to try and take a step back and look at the bigger picture, recognising the difference of an item’s value against its worth.

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.

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.

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.