Grandparents’ rights

With nearly half of all marriages ending in divorce and approximately 100,000 divorces occurring each year, the ripple effects extend far beyond the immediate family. Grandparents, who often provide stability and love to their grandchildren, can find themselves caught in the crossfire.

This newsletter explores how grandparents can navigate the challenges of maintaining these vital relationships and understand their rights when family tensions arise.

Research by the University of Oxford highlights that strong relationships with grandparents can foster a sense of security and emotional well-being in children, particularly during times of family upheaval.

If parents are divorcing, then, for the sake of maintaining a relationship with the grandchildren, grandparents should try to remain neutral but, of course that is not always possible. Indeed, even if they do try to be neutral, the son or daughter-in-law may still regard them as the ‘enemy’ and restrict or try to prevent their involvement with the grandchildren. If that occurs, what can be done?

Obviously the first thing to do, is for the grandparents to try to create a dialogue with their in-law and resolve any issues. However, if help is needed, mediation can be a good way forward and, if appropriate, child inclusive mediation may be helpful.

If all else fails and, whilst grandparents have no absolute right to see their grandchildren, it is possible for grandparents to make an application to the court for permission to have contact with their grandchildren. As would be expected, the courts primary concern is what is in the grandchildren’s best interest. A history of regular contact and a close and loving relationship between grandchildren and grandparents will carry weight and be taken into account

Grandparents can benefit from connecting with others who are going through similar situations, as shared experiences often provide comfort and a sense of solidarity. For example, Grandparents Plus (UK) offers a dedicated support network and advice for grandparents dealing with estrangement or family separation.

Prioritising self-care is equally important. Engaging in activities that bring joy, spending time with supportive friends or family members, and focusing on maintaining a positive outlook can make a significant difference. The path to preserving relationships with grandchildren may be challenging, but having access to compassionate support systems can help grandparents navigate these complexities with hope and strength.

We are a team of 5 experienced lawyers but, what makes us different to a firm of solicitors, is that we are acting as divorce consultants. We help people navigate the legal maze and stop them making expensive mistakes. We use our experience of the divorce process to find solutions to lower the temperature and save money.

If the above resonates or you know someone who may benefit from speaking to us, please do contact me. We don’t charge for an initial consultation.

Don’t waste money when divorcing in 2024

Over the last 15 years or so, the divorce process has changed enormously. Here are some of the key steps that can now be taken to save money on legal fees:

1. Since April 2022 and the introduction of ‘no fault divorce’, applying for divorce can be made online at the government website. The process is straightforward, and it is no longer necessary to pay a solicitor to do this.

2. The parties can also save money on legal fees by agreeing the financial settlement and children arrangements between themselves.

3. If the parties can’t agree between themselves, then the next best way to resolve matters is often through mediation. In this case a third party, a ‘mediator’ helps the parties reach agreement.

4. There are lots of mediators to choose from and the choice of mediator is very important. The parties should check the mediator’s credentials and experience. Before committing to them, the parties should individually have a conversation with the mediator to help judge that they feel comfortable with the mediator and that there is a ‘fit’.

5. To finalise and make any agreement binding (whether reached directly between the parties or in mediation), a court order is required. This is normally a rubber-stamping exercise dealt with remotely. Attendance at court is not necessary.

6. If the parties can’t reach agreement themselves or by mediation, then it is possible to save money by both parties instructing the same solicitor.

7. This is a recently introduced process called ‘one solicitor two clients’.

8. To help the parties understand the legal position, it is also possible for them to consult the same barrister. The barrister will evaluate the situation and express a view as to the likely outcome if their case were to be determined by a court. This is called a ‘neutral evaluation’.

9. If a party is going to end up in court, then they can save money by dispensing with a solicitor and just having a barrister. Not all cases or clients are suitable for this process, but it is worth considering. This is called ‘direct access’.

We are a team of 5 experienced lawyers but, what makes us different to a firm of solicitors, is that we are acting as divorce consultants. We help people navigate the legal maze and stop them making expensive mistakes. We use our experience of the divorce process to find solutions, lower the temperature and stop people wasting their money.

If you know of someone who may benefit from speaking to us, please tell them to contact me. We do not charge for an initial consultation.

Neutral evaluation

Neutral Evaluation is a little-known process that can save both parties spending fortunes appointing their own lawyers to fight on their behalf.

Unlike mediation, the way a Neutral Evaluation works is that a single lawyer, normally an experienced barrister, will be provided with a brief prepared by or on behalf of both parties detailing the background, including their financial situation and other relevant facts. In response, the Neutral Evaluator will provide a reasoned opinion as to the likely outcome if the case was to be determined by a court.

The parties are not bound by the Neutral Evaluation and can still negotiate their own settlement with or without involving lawyers.

However, having been given the guidelines of how a court would view their case, the parties would be foolish to then ignore that advice and embark on their own expensive litigious jaunt.

We are a team of 5 experienced lawyers but, what makes us different to a firm of solicitors, is that we are acting as divorce consultants. We help people navigate the legal maze and stop them making expensive mistakes. We use our experience of the divorce process to find solutions to lower the temperature and save money.

If you know someone who may benefit from speaking to us, please do contact me. We don’t charge for an initial consultation.

How to divorce without spending a fortune on legal fees

Clients often say that they want to be reasonable in reaching a settlement and don’t want to end up in court and waste money on lawyers. They ask, ‘What is the best way to divorce?’

Obviously, the best way, is if the parties can reach agreement ‘across the kitchen table’, but not many people are able to do that.

If the ‘kitchen table’ route doesn’t work then, in our view, the next best way is mediation (where the parties appoint a third party, a mediator, to help them reach a settlement.

However, other divorce processes are also available but so often people are unaware of or not informed that there are alternatives. We mention three of those alternative processes here but please note that there are others

1.  Collaborative Law (involving round table meetings to agree matters or at least narrow the issues in dispute), or

2. An Early Neutral Evaluation (a barrister advising both parties on how the matter is likely be settled if it came to court, thereby enabling the parties to take a view on the outcome and avoid having a lengthy and costly dispute in finding that out), or

3. Direct Access (where, as mentioned in our June bulletin, you avoid the duplication and expense of having both a solicitor and a barrister and just have a barrister to advise and represent you).

We are a team of 5 experienced lawyers but, what makes us different to a firm of solicitors, is that we are acting as divorce consultants. We help people navigate the legal maze, consider the alternative processes, and stop them making expensive mistakes. We use our experience of the divorce process to look at the options and find solutions to lower the temperature and save money.

If the above resonates or you know someone who may benefit from speaking to us, please do contact me. We don’t charge for an initial consultation.

Mediation for divorce

With the head of the family courts estimating that 20% of marriage break- ups are wrongly ending up in court, mediation provides a good cheap and quick way of reaching a divorce settlement.

Wherever possible we encourage mediation, but some parties are naturally nervous about trying a process they don’t understand and where they may feel on the back foot, particularly where the other party is controlling or financially more astute.

We mediate, but even where we are not involved because a third party is mediating, parties have found that it helpful for us to coach them and prepare them for the process and help them formulate a plan to achieve their objectives.

We are a team of non-practicing lawyers acting instead as divorce consultants to help people navigate the legal maze and stop them making expensive mistakes. We use our experience of the divorce process to find solutions to lower the temperature and save money.

Divorce – try almost anything before turning to the courts

Separating couples should “try almost anything” before turning to the courts, the president of the Family Division has said, arguing that there has “got to be a better way”.

Sir Andrew McFarlane said that “far too many families” simply turned to the court rather than seeking “less harmful, swifter, cheaper and potentially more enduring ways of resolving their disputes”.

At Divorce Solutions we look at those better ways. We help people navigate the legal maze and stop them making expensive mistakes. We use our experience of the divorce process to find solutions to lower the temperature and save money.

If you know someone who may benefit from speaking to us, please do contact me. We don’t charge for an initial consultation.

Have you got clients who are concerned about the delay and mounting cost of resolving an ongoing divorce dispute?

As a result of Covid, the wait for a court hearing date is worse than ever so, just like opting for private medicine instead of the NHS, did you know that they can avoid the court backlog by ‘buying’ a private hearing?

Whilst not for everyone as, just like private medicine, there is a cost implication, this is just one of the many divorce options that we believe clients should be aware of.

We help people navigate the legal maze and stop them making expensive mistakes. We use our experience of the divorce process to find solutions to lower the temperature and save money. We use established but little-known processes some of which do not even involve a solicitor! If you know someone who may benefit from speaking to us, please tell them to contact me. We don’t charge for an initial consultation.