Category: Marriage

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.

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.

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.

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.

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.

Why do divorce rates increase after Christmas?

January is the most popular time of year for starting divorce proceedings, so what is it about Christmas that pushes so many couples to breaking point?

January 7th is dubbed ‘divorce day’ in the UK, as many couples take the first step towards accepting that their relationship isn’t working by seeking advice about getting a divorce.

But what is it about Christmas and the new year that pushes so many couples over the edge?

Stress and pressure of the festive season
For many people, Christmas is the busiest and most stressful time of the year. With lots of events to attend, guests to entertain, meals to plan and gifts to buy, it’s easy to get stressed out by all the planning and preparation and forget to spend time together.

Failing to communicate or compromise effectively can also cause major clashes over Christmas plans and finances.

Time spent with in-laws
Christmas can mean spending more time with family and in-laws than usual which can cause tensions to run high. Existing tensions with in-laws can come to a head, causing arguments and testing loyalties between couples.

Alcohol
Any existing problems in the relationship can be amplified when under the influence of alcohol. With alcohol flowing more freely over the festive period, many couples find themselves having more frequent and explosive disagreements over Christmas.

Putting on a brave face for Christmas
Many struggling couples, particularly those with children, grin and bear it over the festive period so as not to upset anyone.

New year, new start

The new year marks new beginnings, and many people use it as a time to make big changes in their lives for the year ahead. For some couples this may mean admitting that their relationship isn’t working and it’s time to part ways.

For help or advice with divorce law this Christmas or new year, give our team of family law solicitors a call on 0161 927 3118.

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.