Videos circulate about a typhoon somewhere nearby and then your aunt says that was 7 years ago and there’s nothing to panic about.

Well Family Law is not immune to similar spreads of misinformation.

In this three-part series we will be clearing up some myths about various aspects of Family Law, starting with some points on divorce.

Q. If I obtain a Final Order there can be no future financial claims

In order to prevent future claims, you need a clean break consent order.

Even with minimal or no assets this is advisable to prevent claims on future assets e.g. inheritance/lottery winnings.

Q. I want a quickie divorce

There’s no such thing. Quickie divorces were obtained by Americans who went south of the border to Mexico to get a quickie divorce. All divorces in England & Wales take about the same time (in theory), once the divorce application has been issued at court.

The media frequently reports celebrity divorces saying that they have obtained a quickie divorce when the Conditional Order is pronounced. What they always fail to point out to their readers is that the divorce does not become final until the Final Order is pronounced, which is at least 6 weeks after the Conditional Order, possibly longer.

The celebs are still married. But that doesn’t make for a good headline, now does it?

Q. You must have a solicitor to get divorced

No you don’t, you can represent yourself. However, whether or not that is wise is another matter. If you represent yourself, you can very easily come unstuck. You may not end up with a fair or reasonable financial settlement. Even if you do, you will probably not be able to sort out the paperwork necessary to finalise the deal. For example, drafting a financial consent order is complicated and it takes considerable legal skill to get it right.

Q. I can’t get a divorce because my spouse will never agree

The new no fault procedure makes it difficult to defend a divorce. The only exceptions question either the validity of the marriage itself or the jurisdiction of the court. If your spouse chooses to ignore the papers, there are ways to move forward without the other side’s co-operation.

Q. Divorce will cost us both £100,000 in legal fees

I was startled recently to see a senior family judge describing what he felt was a typical divorce – a couple with assets of £700,000 would probably incur legal bills of £100,000 each.

Maybe in his world, with expensive London lawyers and proceedings in the Principal Registry and perhaps the Court of Appeal. But in a normal case in a provincial county court, it’s nowhere near that costly.

Divorce is not cheap, but it’s rarely that expensive.  Anywhere between £2,500 and £10,000 is common, perhaps up to £20,000 if you are unlucky and you have to have a trial.

Speaking about money, next month we’ll be looking at some of the myths surrounding the finances when it comes to divorce proceedings.

The post Family Law Myths – Divorce appeared first on Ludlow Lane.

Deciding on a new school can be an especially arduous process at times but it can be even more so when trying to come to an agreement with an ex partner.

So what does ‘parental responsibility’ entail by law and how can separated parents deal with disagreements over schooling?

Parental Responsibility

Even after separation or divorce, parental responsibility involves many things such as medical treatment and choice of religion. Italso includes making decisions about your child’s education.

Legally, parental responsibility automatically lies with the birth mother and the father has parental responsibility if he is married to the mother when the child is born. In the case of unmarried parents, if the father is registered on the child’s birth certificate as their father (after 2003) parental responsibility can be acquired. The father can also attain parental responsibility by entering into a parental responsibility agreement with the mother or applying for a Court order.

Only under rare and extreme circumstances is it deemed in the child’s best interests for parental responsibility to be taken away from a parent. So parents are expected to discuss and come to agreements about important decisions relating to their child’s education. But this doesn’t always happen. They simply may not agree or unilateral decisions are being made without consulting the other parent. 

In this case, what are the options?

Mediation

Mediation may be an option if the case is not time sensitive and can be very helpful. This would be with a trained, independent third party mediator. They will assist in encouraging open and productive communication between the parents to be able to come to an amicable decision. They may even talk to the child to assist in this process, depending on their age.

However, at times mediation may not be effective in which case a Specific Issue Order or a Prohibited Steps Order are options.Both require that the parents try mediation prior to applying for these Court orders. 

Court Orders

A Specific Issue Order is for dealing with a specific matter concerning the child, such as what school the child should go to.

A Prohibited Steps Order is to stop the other parent exercising their parental responsibility unilaterally, such as taking the child out of school or threatening to do so.

The Court’s main concern with these cases is what is going to be in the best interests of the child, so a range of factors will be considered such as the effects of the change, any harm they may suffer and how capable the parents are of meeting the child’s needs.

This will also include the child’s:

• feelings and wishes

• physical, emotional and educational needs

• age, sex and background

And of course, parent’s need to have these considerations in mind as well as many others such as the location of the school and how that affects logistics of child arrangements, the financial impact of changing schools.

So yes, it can be a complicated process. However, it can be helpful to know there are options and help available. To speak to a divorce professional can put your mind at rest and Sara and the team are always on hand to chat through options with you.

The post Having Disputes With Your Ex About Schooling? appeared first on Ludlow Lane.

This greatly simplifies the process.

But there are still other things to take care of that can be complex. Particularly when sorting out the finances.

What each party is entitled to differs from case to case. Generally, the types of matrimonial assets that may be included are money, property, businesses, vehicles, financial support (child/spousal maintenance), life insurance policies and possessions such as furniture and appliances.

And of course, pensions.

Pensions

The law allowing divorcees to share pensions came into effect in 2000, yet a very small percentage of people include their pensions in financial divorce settlements. Pensions are pipped to the post by family homes and businesses because their value is often overlooked.

In fact, pensions usually hold greater monetary value than property in the marriage.

Particularly for women. This is because the average man has almost ten times the amount of pension wealth a woman has, according to a recent study.

So a pension sharing order can be of far more use and value to former spouses – particularly women – than property or abusiness.

But it could be, with many going the DIY divorce route, thatdividing pensions seems too complicated to handle. But it can be worth getting the assistance of a solicitor or financial advisor to be able to go this route. 

Multiple Pensions

Preparation is key when it comes to dividing pensions. It is quite common these days to have a few pension “pots” when retiring, such as:

• Workplace pensions

• Any portion of your basic state pension that falls under the Additional State Pension/SERPS rules

• Personal pension schemes, for example Self-Invested Personal Pensions (SIPPs), Group Personal Pensions (GPPs) or stakeholder pensions

It is best for both parties to list all the pension plans they have and to acquire a copy of the rules for each plan so that the value of these can be taken into account in the settlement.

You will need to know:

• The recent values of both your and your partner’s pensions (including the Cash Equivalent Transfer Value of any final salary pensions) and submit a financial statement (form E).

• If there are any other pension benefits available to a spouse or civil partner under these schemes. These could be amounts that would be paid to you or your children when a spouse dies, which may be nullified with divorce.

Pension Splitting

Factors such as pension scheme rules, age and employment status have a bearing on which is the best route for you to go, but here are some of the options that may be available:

• Pension Offsetting

Pension Offsetting is where one person keeps their pension in exchange for letting go of another asset such as the family business or home. Although this allows for a clean break, it can be difficult to make sure the distribution is fair.  

• Pension Sharing

A Pension Sharing Order is transferring a percentage of one person’s pension to the other. The party on the receiving end could become a member of the other’s pension scheme or transfer the value of that to another pension. Having separate pensions is great but financial advice is necessary to navigate this complex process.

• Pensions Attachment

Also known as “Earmarking”, this is when a lump sum or income is paid to the other when they start taking their pension. Similar to maintenance, it can be a fair way to split the pension. However, it also means it’s not a clean break as the pension holder has control over what investments are chosen and when payments are made.

• Deferred Pension Sharing (not applicable in Scotland)

If one spouse is older and already receiving a pension, this is the option to share the pension at a later date.

• Deferred Lump Sum (not applicable in Scotland)

This is when one party, upon retiring, is required to pay a percentage of their tax-free pension lump sum to the other.

• Individual Agreement

It is possible for the divorcing couple to come to their own financial agreements regarding their pensions without involving the court. However, it is best to document what has been agreed to legally and seek professional advice before going with this option.

We hope this has helped shed some light on the subject. For any assistance with this process, please contact us.

The post Divorce Settlements – What about the Pension? appeared first on Ludlow Lane.

So when it comes to the divorce process and settlement agreements, splitting all assets and debts down the middle sounds like it would be the fairest solution.

This can be the case in some instances, but not all. Just like no two people are alike, not all situations in divorce are the same.

But what all needs to be taken into account?

Matrimonial and non-matrimonial assets

Matrimonial assets or community property is usually what is up for debate in divorce settlements. Matrimonial assets are all the things you or your spouse acquired together during the marriage.

The two largest matrimonial assets are usually the family home and either party’s pension. But these can also include:

• Contents of the house such as furniture

• Vehicles purchased

• Debts accrued

• Other real estate properties

• Savings accounts and banked cash

• Stocks and investments

• Businesses

Non-matrimonial assets or separate property, on the other hand, consists of everything either party owned before the marriage. This can also include inherited items and gifts. 

Fair is not always equal

Finances and property acquisition are tricky subjects at the best of times. After each individual’s financial status has been laid out on the table in full detail, there are many other factors that need to be considered such as:

• each individual’s needs when it comes to housing, income and available resources

• what the standard of living was before separation

• the age of each party

• the length of the marriage

• if there are any disabilities

• contributions made by each individual to the family, such as caring for children

• any assets and whether they were owned or inherited before getting married

The main reason it is not always fair to split everything 50/50 is because each person’s situation after the divorce is likely to be very different.

An example of this is if one party is the primary carer of any dependent children. Understandably, their need is likely to be greater in terms of housing and income than the other party. This parent is also likely to have limited earning and mortgage capacity due to taking care of the children, leading to needingmore of the assets.

Conclusion

All things considered, this is clearly not a cut and dry subject.There are many factors that need to be thought about carefully.

As it is with most things in the divorce arena, it is best to get some professional advice from a family divorce lawyer rather than going it alone. There is plenty of advice available out there – on the internet and from friends and family – but not all of it is verified.

And even if it is, it may not apply in your specific situation.

In these times that encourage self-sufficiency, it may be wiser to ask for the help and support you need in navigating through a stressful time such as this.

Please feel free to get in touch with us about your unique situation. We would be happy to guide you through the process.

The post Divorce settlements: Is everything split 50/50 in a divorce? appeared first on Ludlow Lane.

When it comes to long term relationships very few people feel it is necessary to get married. Or at times they are aiming for it but never quite get there with all the busyness of life.

It is quite common for couples to live together for many years before getting married or continue to live together without ever getting married or having the relationship legally recognised through civil partnership.

However, no matter how long the relationship has lasted or if children are involved, the rights of unmarried cohabiting couples have been limited.

The Law Commission published a report in 2007 recommending that the laws affecting cohabiting couples be changed, specifically in terms of being able to claim for financial support after separation or death. However, in 2011 the Government declared that this would not be taken forward.

It is unfortunate as it often children who get an especially raw deal.

The Good News

The good news is that change is afoot.

The Department of Work and Pensions have acknowledged this support is life-saving for these families and have announced that bereavement support will be extended to cohabiting couples with children.

The Government has proposed that Widowed Parent’s Allowance and Bereavement Support payments will be available to the surviving cohabiting partners provided they were living together until the date of death and have dependent children.

This change is scheduled to come into effect next spring and will be applicable from 30 August 2018 so thousands of families will be able to receive backdated payments in lump sums. This is the date the Supreme Court ordered the Government to treat unmarried and married couples equally.

However, some charities (CPAG, WAY and Childhood Bereavement Network) are imploring the Government that backdated bereavement support payments should begin from 6 April 2017, which is the date these payments were introduced. This would allow thousands more families to benefit.

What to do

If you are currently in a cohabiting relationship, it is a relief that this policy is now being brought into effect for future. While it is comforting to know this support will now be available, it is always a good idea to have put some plans in place before something happens. We recommend that Wills be made out and necessary arrangements are discussed and written down.

Having everyone involved on the same page is the best way to reduce the stressfulness of what will inevitably be a trying situation.

And if you are already in this challenging situation of having suffered the loss of your partner recently or in the last 3 – 4 years, it’s best not to wait for the policy change to officially come into effect.

Put your claim in now to ensure it is on file by contacting the Bereavement Service Helpline on 0800 791 0469.

And if you need any help, we’re only a call away.

The post Bereavement Benefit for Cohabiting Couples appeared first on Ludlow Lane.

The post NEW FREE PARENTING GUIDE OFFERED TO SEPARATING FAMILIES IN Chipstead, Surrey from Ludlow Lane Solicitors appeared first on Ludlow Lane.

In an already stressful situation, it’s unfortunate that it’s so often the innocent children that pay the price in many ways.

Parents are required by law to provide for their children no matter what the living arrangement may be. For separated families, child maintenance is essential in helping parents support themselves and their children and Child Maintenance Services (CMS) are a vital cog in the wheel of the survival of single parent families. It is a new service run by the government which has replaced the Child Support Agency (CSA).

The CMS offers a ‘Direct Pay’ service where they assist with calculating the child maintenance amount. No fees are charged and parents liaise between themselves about payment arrangements.

But it is rare for separated parents to be able to come to an agreement on their own.

That’s where their ‘Collect and Pay’ service comes in. This serves as a mediator of sorts between the parents, to ensure that money is collected from the non-resident parent and paid over to the resident parent.

However, it seems that this system is not working very well.

According to Gingerbread, a leading charity organisation that assists single parent families, the CMS is charging for services they seem unable to deliver on. Not only is this fee deducted from the money the child should be receiving, but they are not receiving the money at all.

The money is also not being collected from the paying parent. Since the formation of the CMS in 2012, there has been over £408 million in unpaid child maintenance owed through ‘Collect and Pay’.

Gingerbread agrees to the fee being charged to non-resident parents who are not willing to pay the maintenance. However, they do not agree that resident parents should pay either the £20 application fee or the 4% levy on money received.

Gingerbread is therefore campaigning for the fees charged to resident parents by the “Collect and Pay” service to be dropped. One of the reasons is that this fee forces parents on the receiving end to extract the money rightly owed from the paying parent by whatever means possible. This, understandably, results in the cycle of abuse in relationships being exacerbated.

Research has shown that if these single parent families currently living below the bread line that are owed child maintenance were paid what was due, 60% would be elevated out of poverty.

What a difference that would make.

If you find yourself in this situation it can be a disheartening place to be. However, thanks to the law, hope is on the horizon.

As of June this year, the Department for Work and Pensions were consulting on secondary legislation with regards to payment issues under CMS.

At the same time investigations of the CMS were being conducted by the National Audit and DWP Minister, Baroness Stedman Scott, announced an independent inquiry into how the CMS assists survivors of domestic abuse.

The post Child Maintenance Fees appeared first on Ludlow Lane.

At the moment, in order for a divorce to go through as fast as possible, some sort of blame needs to be assigned to the other party. Because of this, it usually takes a certain period of time to prove that the marriage union has been damaged beyond repair. This usually comes down to unreasonable behaviour or adultery. However, if this cannot be proven, a prolonged period of separation or desertion is required.

As you can imagine, if you haven’t already been through this process yourself, this can increase the painfulness of this already agonising process.

THE CHANGE

The amendment to this law does away with having to put the blame on anyone. All that will be required is that one spouse claim the marriage to be unsalvageable. So if the feeling and decision is mutual that the marriage has come to an end, this can be done in an agreeable and peaceful way.

Although this simplified process will end up being quicker, a minimum of 6 months will need to pass before the divorce goes through. This is to give the couple time to think about what the best course of action is around finances and dependants and other details. However, this can be a much less stressful process without the added conflict.

At present, should one spouse dispute the decision to divorce, the only option would be for them to live separately for five years. However, the new law removes the possibility of contesting the divorce claim, so this lengthy separation will no longer be a requirement.  

Some were hoping for this law to come into effect sooner, but there are no doubt quite a few factors to consider – one being the changes that will need to be made to the online divorce portals. The seeming delay also gives practitioners time to familiarise themselves with the new law before it comes into effect.  HMCTS hope to roll the service out on 6^th April 2022.

What are your thoughts on the subject?

Do you think this change is way overdue and a welcome improvement or are you on the fence about it?

If you need any advice or assistance navigating the divorce process, please get in touch with us and we will see what we can do to help.

The post No More Blame Game appeared first on Ludlow Lane.

In the beginning of the pandemic the divorce rate seemed to be on the increase. Amongst other things, the main reason could be that these marriages were already troubled before lockdown hit and they were just more able to tolerate each other when they had access to other outlets.

There is no doubt that the pandemic has put a huge strain on many people in multiple aspects of life. Financial pressure, disruption of routines and limited socialising outside the home have affected us all, whether single or married.

However, as a couple it can be even more difficult to navigate these challenges. And sometimes it may seem like divorce will solve all the issues.

This may be true for some relationships that can be physically or mentally dangerous to either one of the partners. In these cases separation is a necessity and may be a life saver.

In fact, some countries have seen an increase in those seeking refuge at shelters for the homeless and abused – a sad reality of the consequences of being in a troubled relationship.

Working it out

Although there may have been a sudden increase in divorces early on in lockdown, the numbers seem to be decreasing the longer the situation has carried on.

Why could that be?

According to one survey, many couples have found that enduring through the initial difficulties the pandemic presented has paid off and resulted in their relationship becoming stronger. In these cases, having more time to do things together has had a positive, unifying effect.

Effective communication and willingness to compromise are key to a strong partnership, especially in trying circumstances, and this situation has given many an opportunity to work on these things.

As Charles Darwin said: “It’s not the strongest of the species that survives, nor the most intelligent that survives. It is the one that is most adaptable to change.”

To be willing to work it out and pausing before deciding whether or not to stay together – making the best of a situation that is by no means ideal – might turn out better in the end than you think.

But if this is not an option for you, what should you bear in mind during the divorce procedure?

Keeping it tidy

With the “self-service” approach that online divorce portals offer now, it can be tempting to go ahead with the divorce procedure on your own. While it does simplify things somewhat there is good reason to have a solicitor on your side when it comes to financial settlements involving assets, business interests or pensions and child maintenance payment.

Not formalising these things can lead to more trouble in the future as there is no time limit on financial claims – a claim for financial provision can still be pursued even after many years have passed since the divorce has gone through.

The Wyatt & Vince case in 2015 is a good reminder of the importance of getting a ‘clean break order’ as this will prevent further headaches and costs in the future.

The post To Divorce or Not To Divorce? appeared first on Ludlow Lane.