A sea change in the divorce world? The divorce landscape is changing for the better

Since 2007, we have been at the forefront of making divorce less painful and more cost-effective. Now, a significant shift in the legal landscape is aligning with our long-standing mission.

New family procedure rules: a game changer

The introduction of new Family Procedure Rules in 2024 marks a turning point in divorce proceedings. These rules strongly promote Non-Court Dispute Resolution (NCDR) methods, including:

• Mediation

• Collaborative law

• Arbitration

• Neutral evaluation

Key changes and their impact

• Mandatory NCDR Consideration: Courts can now require parties to report their views on using NCDR methods.

• Flexible Proceedings: Judges can adjourn cases to allow for NCDR processes.

• Financial Incentives: Courts can penalise parties who refuse to engage in NCDR, by making them responsible for the other party’s legal fees.

The benefits of NCDR. NCDR is intended to:

• Reduce emotional stress

• Lower costs

• Provide faster resolutions and

• Provide better outcomes for all concerned

In summary, the Courts can now direct that the parties set out their views on using NCDR, and Judges can adjourn proceedings to allow NCDR to take place.

Also, contrary to the usual position (where parties are responsible for their own legal fees), as a further incentive to engage in NCDR, the Courts can penalise parties who refuse to or prevaricate in trying to resolve matters by NCDR, by making them responsible for the other party’s legal fees.

These measures, which we welcome and which are now beginning to permeate the divorce world, are partly an acknowledgement that for far too long the adversarial nature of divorce has been extremely expensive and damaging to the parties and their children.

It is also a response to funding cuts which have resulted in the courts being overwhelmed by the number of cases they are required to deal with. NCDR will hopefully result in more cases being settled without ending up in court.

Our approach: comprehensive divorce consultation

At our consultancy, we believe in exploring all options before proceeding with divorce:

1. Marriage Preservation: We encourage couples to consider counselling if there’s a desire to save the marriage.

2. Options: If divorce is inevitable, we guide clients through the various NCDR and other processes that are available to identify the best route for them.

3. Legal Navigation: Our team of experienced lawyers act as consultants, helping clients avoid costly mistakes and find amicable solutions.

Take the first step towards a smoother divorce

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.

Where there’s a will there’s a way to protect your loved ones

In case you die after marrying or divorcing make sure your will is up to date, as otherwise your estate may end up in the wrong hands….

Beware, as the rules regarding the effect on wills of marriage and divorce are not straightforward and if you get it wrong it can have far-reaching and unintended consequences.

The first point to note is, that if you marry or enter into a civil partnership any existing will automatically becomes of no effect.

Therefore, unless you make a new will, your estate will be distributed in accordance with the rules of intestacy. In general terms, these rules provide that your husband, wife or civil partner will receive the first £322,000 of your estate, plus your personal possessions and half of the rest of your estate.

The other half, above £322,000, will pass to your children (not stepchildren), and if you have no children, your husband, wife or civil partner will receive everything.

That may not be as you intended, for example your children may be young and you may want your other half to have everything or, in the case of a second marriage where there are children from your first marriage, you may want your children to have everything.

The second point is, what happens if you marry or enter into a civil partnership and make a new will, but you then divorce, or your civil partnership is dissolved. In this case, your will remains valid, but your ex is treated as if they had died at the point you became divorced, or your civil partnership was dissolved.

Accordingly, if your Will doesn’t say what is to happen to the share of your estate that you left to your ex, the rules on intestacy will apply and the part of your estate that you left to your ex, could end up being distributed to people that you had not intended to benefit.

Therefore, as soon as you decide to divorce or to dissolve your civil partnership make a new will.

Don’t wait until the divorce or dissolution goes through many months later. In the worst of all scenarios, if you were to die before the divorce or dissolution goes through the position is that, as you are still married your will remains valid, and consequently your estate may end up passing to the very last person that you intended!

Stepchildren can also complicate the process as they are not automatically entitled to inherit from a step-parent’s estate under UK intestacy rules unless they have been legally adopted by the step-parent. This means that if a step-parent dies without a will, their estate will be distributed according to intestacy laws, which do not recognise stepchildren as beneficiaries.

Furthermore, one needs to consider guardianship for minor children. Appointing a legal guardian through a will is vital to ensure that minor children are cared for by someone chosen by the parents rather than leaving this decision to the courts.

A final word here. If you are financially maintaining your ex after you are divorced or your civil partnership has been dissolved (in other words you are paying them maintenance), and you don’t include them in your will, they could potentially make a claim under the Inheritance Act.

A clean break (where no maintenance is paid), might protect against such a claim but not necessarily – for example where children still need to be maintained.

So, the message is that you should keep you will updated particularly if your circumstances change. If you intend to marry or have a civil partnership, any Will made before the event must state that it is made ‘in contemplation of that marriage or civil partnership’.

As always to avoidfar-reaching and unintended consequences, take professional advice.

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.

Divorce: “Should I stay or should I go now?”

When a relationship feels like it’s hitting all the wrong notes, it’s only natural to start thinking, “Should I stay, or should I go?”

Cue The Clash – ironic, isn’t it? Deciding to leave or stay brings a wave of questions and concerns: emotions, the kids, finances, and the unsettling unknown of what lies ahead. The key question which often comes up: should I move out?

Most lawyers will tell you not to. Normally, this is not because you will be giving up your share of the marital home or that you will otherwise face some financial penalty for doing so. It is because your other half will then be left living in the home with no incentive to sort out a settlement. This may result in their using tactics to delay or frustrate proceedings or a settlement and, even more so, when part of the settlement involves the sale of the marital home. And, even if a settlement is agreed and a court timetable is set for the sale of the home, that may not overcome this difficulty. Yes, ultimately the sale will take place but, in the meantime, you might lose a purchaser and who wants the delay and expense of having to go back to court to enforce an order for sale, because the estate agents or potential purchasers are being given the run around on the basis that all viewing times are ‘inconvenient’.

If you move out, you must obviously consider the financial implications. You will be paying for your new home and possibly also having to contribute towards the mortgage on the marital home (you remain liable if the mortgage is in joint names), plus maintenance for the children and maybe spousal maintenance as well. All of this depends on the financial position of the parties and every case is different. In an extreme case, where the remaining party must pay the mortgage, they might even argue for a larger settlement to compensate them. Where there is no suitable or affordable second home and parents want their children to experience as little disruption as possible, a comparatively recent idea is a ‘nesting’ arrangement. This involves renting a nearby property which the husband and wife use on alternate weeks whilst the other returns to be with the children in the marital home. This is not a straightforward solution but can work despite practical disadvantages concerning housekeeping issues and if another relationship is formed.

If the marital home is owned by your spouse and you move out, then to protect your interest you should register a Matrimonial Rights Act Notice at the Land Registry. That will have the effect of notifying a purchaser that you have an interest in the property and prevent the property from being sold without  your knowledge. If children are involved, moving out normally means you are going to see less of them. Although it may be difficult to have a discussion, if possible, before moving out try and agree when and how often you will see the children. This will also establish a pattern which will be important, if subsequently there is a dispute about how often you will see the children and how long they will stay with you. Finally, if you are moving out, this is the best time to take your possessions and anything else you want. Retrieving them later may prove a lot more difficult. Of course, living together may become intolerable and to defuse an already difficult situation it may be best for everyone that you do move out. However, before doing so, be aware of the implications and take advice. 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.

Why don’t more divorcees obtain a second opinion?

It is interesting that even though some divorcees may be unhappy with the advice or legal service they receive or the cost of it, it is very unusual for them to obtain a second opinion.

By comparison, in the medical world, patients often seek a second or even a third opinion before they decide what to do. As divorce is such a difficult and important time, and you only have one chance of ‘getting it right,’ it is strange that people do not trouble themselves with a second opinion. Here are some reasons for this:

• Concern about incurring additional legal costs

• Fear of upsetting their existing lawyer, despite dissatisfaction

• Reluctance to ‘start again’ with someone new

Overcoming the barriers:

• Cost Considerations: While legal fees can be a concern, obtaining a second opinion can be reassuring, needn’t cost a fortune and will hopefully save you money in the long run by ensuring your
  case is handled correctly. It’s important to weigh the second opinion cost against potential future savings or better outcomes.

• Maintaining Relationships: It’s understandable to worry about upsetting your current lawyer, but your primary concern should be ensuring the best possible outcome for your case. Professionals understand the value of second opinions, and a good lawyer will respect your decision to seek one.

• Ease of Transition: Starting with a new advisor doesn’t mean starting from scratch. Many professionals can review existing documents and give their opinion based on the current status of your case.

How to obtain a second opinion

You could consult another solicitor, but we favour Direct Access

Research your options:

• Look for Barristers Offering Direct Access: This approach allows you to consult a barrister directly without needing a solicitor’s referral. It’s cost-effective and efficient.

• Check Credentials: Ensure the barrister has experience and positive feedback in handling divorce cases that are like your case.

Understand the cost:

• Transparent Pricing: Direct Access Barristers normally have clear pricing structures. An opinion can usually be obtained for £1,000/£2,000 plus VAT, depending on case complexity and the barrister’s seniority.

• Value for Money: Remember that for technical advice, barristers are generally considered more knowledgeable and cost-effective than solicitors.

Manage the process:

• Prepare Your Documents: Organise your paperwork and provide a comprehensive overview of your case for the barrister to review.

• Confidentiality: You can seek a second opinion without informing your current solicitor, ensuring your existing relationship is not jeopardised.

Practical steps to instruct a direct access barrister at Divorce Solutions, we frequently assist clients in navigating this process:

• Contact Us: Reach out to discuss your needs and we can recommend suitable barristers.

• Documentation: We help collate and review your documents to ensure the barrister has the background story and all necessary information.

• Setting Up Meetings: We can arrange virtual or in-person meetings with the barrister to obtain their expert opinion.

Benefits of direct access

• Expertise: Barristers are technical experts, generally more familiar with the case law and current court attitudes than solicitors.

• Cost Efficiency: By bypassing the solicitor, you reduce duplication of effort and associated costs.

• Good Value: Barristers are generally less expensive than solicitors for providing expert legal opinions.

In conclusion, seeking a second opinion can be a wise investment in your future, potentially leading to a better outcome and more satisfaction with your divorce proceedings.

If you’re feeling unsure about your current legal advice, consider reaching out for a second opinion.

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.

Is divorce amongst the over-65s on the increase?

A study in the U.S (reported in the Independent), has identified that 36% of adults getting divorced are aged 50 or older and that the only age group with an increasing divorce rate is adults aged 65 and older.

This raises questions about how ‘grey’ divorcees will manage financially in old age when they need to fund two homes and lifestyles instead of one.

The study says that typically, divorces at this age will negatively impact women more than men and that in heterosexual relationships, the economic effects are reportedly “less severe” for men. The survey found that middle-aged men may even experience an income bump after their divorce. Typically, women in younger generations are more likely to work well into middle age than their older counterparts.

Social norms perpetuated in past decades, like men being the sole breadwinners and providers, result in the economic disadvantages that “grey divorces” impose on women.

Instead of relying on their spouses to manage the finances, future generations of women are therefore encouraged to take a more active role in the family finances. In the event of a divorce, having a backup plan will leave them on a better financial footing. Pre-nuptial and post-nuptial agreements can be important tool in planning ahead.

Here are 5 practical steps to take for those facing or considering a “grey divorce” to ensure financial stability and well-being:

1. Assess financial situation:

• Inventory Assets and Liabilities

• Budget for Two Households

2. Legal and financial advice:

• Consult a Financial Planner

• Hire a Divorce Consultant and / or solicitor

• Evaluate Retirement Plans

• Consider Employment

3. Health insurance and care planning:

• Health Insurance Coverage

• Long-Term Care Planning

4. Legal documents and estate planning:

• Update Legal Documents

• Estate Planning

5. Emotional and social support:

• Seek Counselling

• Build a Support Network

• Take Charge of Finances

• Emergency Fund

We are a team of 5 experienced lawyers who are acting as divorce consultants, helping people navigate the legal maze and stop them making expensive mistakes.

If you would like more information regarding any of the above or you know someone who may benefit from speaking to us, please do contact me. We don’t charge for an initial consultation.

How to divide up possessions when you divorce?

Dividing up marital possessions often causes significant problems and is frequently addressed at the end of the divorce case, after the financial and children’s issues have been settled.

This is an emotional subject, and for obvious reasons, solicitors often have great difficulty in keeping it under control. The process can be both time consuming and costly if not handled properly.

Common challenges in dividing possessions

Dividing up marital possessions often causes significant problems and is frequently addressed at the end of the divorce case, after the financial and children’s issues have been settled. This is an emotional subject, and for obvious reasons, solicitors often have great difficulty in keeping it under control. The process can be both time-consuming and costly if not handled properly. Many people spend thousands of pounds arguing endlessly over items that have little monetary value but hold significant emotional attachment. This can lead to unnecessary legal expense to determine ownership disputes, which further strain both parties financially and emotionally.

A constructive approach to dividing possessions

To avoid prolonged disputes, here’s a step-by-step guide to one constructive approach:

• Categorise Items: Create separate schedules for different categories of items, such as kitchen items, furniture, artworks, sound and music equipment, etc.

• Assign Values: Agree on the value of each item listed in the schedules. This can be done through mutual agreement or for valuable items, by consulting a professional appraiser.

• Toss a Coin: To decide who picks first, toss a coin. The winner of the coin toss gets to choose the first item from the first schedule.

• Alternate Picks: As compensation for going second, the other party is allowed to choose the next two items. After that, each party alternates in choosing an item until the schedule is exhausted.

• Repeat the Process: Once a schedule is exhausted, move to the next schedule and repeat the coin toss. The winner of the second toss then has the option of taking, if preferred, the second and third items in the new schedule.

Additional tips for a smooth division

• Prioritise Emotional Value: Understand that not all items have the same emotional significance to both parties. Open communication about why an item is important can help facilitate more amicable decisions.

• Hire a Mediator: If the process becomes too contentious, consider hiring a neutral mediator. Mediators specialise in helping couples reach mutually acceptable agreements without the high costs of arbitration or court.

• Document Everything: Keep detailed records of all possessions and their agreed values. This documentation can prevent future disputes and serve as a reference if disagreements should arise.

• Be Willing to Compromise: Both parties should be prepared to compromise. Holding on to minor items can lead to unnecessary stress and legal expenses. Focus on the bigger picture.

• Consider Future Needs: Take account of the future needs of both parties. For example, if one person is keeping the family home, they may also need the items that go with it, such as appliances and furniture.

Legal considerations

• Prenuptial Agreements: If a prenuptial agreement exists, review its terms regarding the division of possessions. This document can determine how assets are allocated.

• Tax Implications: Consider the tax implications of dividing certain assets. For instance, selling a valuable item to divide proceeds might have tax consequences that need to be addressed.

Dividing possessions during a divorce is undoubtedly challenging, but with careful planning, clear communication, and a willingness to compromise, it can be managed effectively.

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.

New beginnings: navigating child relocation after divorce

Relocating with children after a divorce can be a challenging process that affects everyone involved.

After splitting up, one parent may want to move their children to a different location. They may for example wish to return to where they grew up, where they have a family support network, to an area where it is cheaper to live or where schooling is better, and the sun will shine more often. However, this is not straightforward and relocating abroad is very different to wanting to relocate within the UK.

Obviously, wherever possible parents should discuss and agree the arrangements, but that is often difficult, and the parent who will be seeing less of their children or will have more difficulty in seeing them will often object to any such move.

International relocation requires the other parent’s consent and, without it, could lead to a child abduction case and the child’s forced return. Therefore, if the other parent won’t agree you will have to apply to the court for permission. Such applications are difficult, expensive to make and have no guarantee of success.

Relocating within the UK does not need the other parent’s consent. Nevertheless, without consent, the objecting parent can apply to the court to prevent the relocation.

The court will decide what is in the child’s best interests and, unless there is a good reason to the contrary, will want the children to have a meaningful relationship with the other parent and take account of factors like the distance of the relocation, schooling, support network and even the children’s view.

To avoid costly court cases with uncertain outcomes and increasing bad feelings, the first step and the best way forward, should be parental communication and compromise. Failing that, discuss the matter with a lawyer who is used to dealing with this issue.

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.

Cohabiting, divorcing or contemplating divorce?

According to a survey by Canada Life 51% of UK adults have not written a will and are not in the process of writing one, with 13% having no intention to write a will in the future.

If you are cohabiting, divorcing, or contemplating divorce you should make a will or, if you already have a will, you should update it. Otherwise, your estate may end up in unintended hands.

With so many people living together and not getting married, the importance of making and keeping wills up to date has become increasingly more important. For example, if you cohabit and die without making a will then, instead of your estate (and even your share of any house you have bought together), ending up with your partner as you might have intended, it could pass to some relative under the rules of intestacy, leaving a former long-term partner having to find a new home!

And, even if you have a will, when you get married or enter a civil partnership, an existing will automatically becomes revoked. Therefore, if an individual does not subsequently make another will before they die, their estate could be treated as if they don’t have a will and again that the ‘rules of intestacy’ will apply.

As before, these rules may not reflect their wishes and could mean that their loved ones aren’t provided for in the way they would like.

If you marry or have a civil partnership and then divorce or are contemplating divorce, making a new will means that your estate will be dealt with in the way that you want, including that your children and that any new spouse or partner will be provided for. A new will can help prevent potential claims against your estate under the Inheritance Act or by an ex-spouse who might make a financial claim.

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.