What Happens after Financial Disclosure in Divorce

What Happens after Financial Disclosure in Divorce

It’s easy to lose sight of what happens after financial disclosure in divorce. This is because getting your Form E together can be more than a bit complicated and longwinded.

Stuck on your Form E

If you’re stuck, please see my recent blogs: How to Fill in a Form E Financial Statement on Divorce – Part 1 which tells you what documents you need, and How to Fill in a Form E Financial Statement on Divorce – Part 2 which helps you answer some of the trickier questions. Still puzzled? Get in touch with an expert family lawyer.

But when it’s finished, what happens next? It depends whether you’re disclosing your finances voluntarily or as part of the Court timetable.

What is voluntary disclosure

Voluntary disclosure happens in:

What are these voluntary processes all about? See my blog How to Avoid Court – Family Mediation, Collaborative Law and Mediation

Exchange of Forms E

Whether it’s voluntary, or as part of the Court timetable, Forms E are exchanged simultaneously. This means your ex doesn’t get yours first and tailor theirs accordingly.

The first thing you need to do when you receive your ex’s Form E is to check it carefully. Does it contain any surprises? What’s this, a spare yacht moored in Capri which they’re happy to let you have? And all that money you thought they were spending in the bookies they were saving up for the children? Mm, we can all dream …

Check whether there’s anything they’ve left out – their business bank account, their shares, their pension. And have they included all the documents required by Form E?

Questions, questions …

If something doesn’t make sense – where did they get the money to pay for yet another yacht – any chance they’re earning a lot more than they’re letting on? And where are the statements backing up their bank accounts? This is your opportunity to raise questions. If it’s a voluntary process, this can be by letter. If you’re involved in Court proceedings, you need to keep to the Court timetable.

The Court timetable

The Court issued the timetable when proceedings started. You now have a date for the first hearing which is called, perhaps a little predictably, the “First Appointment”. You’ve already complied with item 1 of the timetable – well done!

  1. Not less than 35 days before the first appointment you must simultaneously exchange your Forms E. Don’t forget to file your Form E in the Court, too
  2. Not less than 14 days before the first appointment, you must file with the Court and serve on each other:
    • a concise statement of the issues
    • a chronology
    • a questionnaire setting out any further information and documents requested
    • a notice stating whether you will be in a position at the first appointment to proceed on that occasion to a FDR appointment

Concise statement of issues? Chronology? Questionnaire? Notice?

This is all a lot simpler than it sounds but it does take some care, so please read my next blog which will guide you through in easy steps, What happens after financial disclosure on divorce – part 2.

What Happens after Financial Disclosure in Divorce

Contact Family Lawyer Joanne Houston on 01962 217640 for an initial consultation on What Happens after Financial Disclosure in Divorce. In this 20 minute session she will review your situation and how you can achieve your objectives.

JUST FAMILY LAW are specialist divorce and family lawyers. We offer Pay as you go costs. We offer Collaborative law solutions tailored to your family’s needs.

The topics covered in this blog post What Happens after Financial Disclosure in Divorce are complex. They are provided for general guidance only. If any of the circumstances mentioned in this blog apply to you, seek expert legal advice.

image for What Happens after Financial Disclosure in Divorce Yacht Charter by YachtChart on Wikimedia

Read the article

What Are The Property Rights of Unmarried Couples?

Property Rights of Unmarried Couples
Has your relationship broken down? The property rights of unmarried couples are different in many ways to the rights of married couples and those in civil partnerships. And please remember, there’s no such thing as a common law marriage.

So what are you going to do about:

  • property
  • assets
  • debts
  • your children

Home in joint names

Are you going to sell or is one of you going to buy the other out? But what’s your share? – if you own it in joint names you’re entitled to half of the net sale proceeds. So now’s the time to get some idea of the value from a couple of estate agents.

Declaration of trust

This sets out the shares in which you own the property. But not sure what it means or if it’s valid? Please don’t forget to consult an expert family law solicitor.

Cohabitation agreement

A cohabitation agreement is always a good idea, see my post 6 Things you must include in a cohabitation agreement. If you do have one it may set out the shares in which you intend to own the property. But do you own the property as tenants in common with a declaration of trust?

Tenants in common

See my post Shall I buy a house with my partner for a clear explanation of the difference between owning in joint names and owning as tenants in common. But even if you do own the property as tenants in common, is this backed up by a declaration of trust?

Can’t agree a sale or your respective shares 

You may have to make an application to Court under the Trust of Land and Appointment of Trustees Act. But save yourself time and money with an out of court settlement.  See my recent post How to Avoid Court – Family Mediation, Collaborative Law & Arbitration

Home in sole name

If you live in a property owned by your partner you may have a claim if:

  • you contributed to the purchase price (including making mortgage payments) or to the value of the property in money, or money’s worth. For example did you refurbish the property?
  • or perhaps your partner said you would always have a roof over your head.

You may have an interest in the property under trust law. But beware, these cases can be expensive and complicated. Try an out of Court approach first.

What about a home for the children?

You can make a claim for financial provision for the children including property or a share of property under Schedule 1 of the Children Act. Here again, try an out of Court approach first.

Other assets

It all comes down to ownership. If they’re in joint names, you’re entitled to half. If in sole name, they belong to just one of you.

What about debts?

If they’re in joint names, you’re jointly liable. If the debts are in your sole name, you’re solely liable.

Domestic abuse

You can make an application to the Court under the Family Law Act 1996 to:

  • protect you from domestic abuse and
  • protect your occupation of your home

Child maintenance 

Visit the Child Maintenance Options site and find out the best way to agree a family-based arrangement. You and your partner may be able to make your own arrangement about how much child support to pay. Here’s a link to an online child maintenance calculator

But if you can’t agree you’ll need to go through the Child Maintenance Service (and pay a fee). See my blog What are your child maintenance options.

Who are the children going to live with? Who are the children going to see?

Try to agree between yourselves. If you can’t, try an out of Court approach such as:

See my recent blog How to Avoid Court – Family Mediation, Collaborative Law & Arbitration

Parental responsibility

PR is all the rights and responsibilities of parenthood. For example, to be consulted on matters of education, religion, medical intervention. All mothers have it and unmarried fathers (or fathers not in civil partnerships) if they:

  • jointly register the birth of the child with the mother (from 1 December 2003)
  • enter into a parental responsibility agreement with the mother
  • obtain a parental responsibility order from the Court

Here again, if you can’t agree, an out of Court approach may help.

If your partner has died

You may have a claim under the Inheritance (Provision for Family & Dependants) Act for financial provision from their estate if your partner:

  • didn’t make provision for you in their will
  • didn’t make sufficient provision, or
  • perhaps didn’t make a will at all

What Are The Property Rights of Unmarried Couples?

Contact Family Lawyer Joanne Houston on 01962 217640 for an initial consultation on the question What Are The Property Rights of Unmarried Couples? In this 20 minute session she will review your situation and how you can achieve your objectives.

JUST FAMILY LAW are specialist divorce and family lawyers. We offer Pay as you go costs. We offer Collaborative law solutions tailored to your family’s needs.

The topics covered in this blog post What Are The Property Rights of Unmarried Couples? are complex. They are provided for general guidance only. If any of the circumstances mentioned in this blog apply to you, seek expert legal advice.

image for What Are The Property Rights of Unmarried Couples? Couple at Each by Anuvand 68 on Wikimedia  

Read the article

How to Avoid Court – Family Mediation, Collaborative Law & Arbitration

Family Mediation Collaborative Law Arbitration
Family courts are full to bursting. Top family law judge, Sir Andrew McFarlane, says families need to find other ways to settle disputes. But is this realistic? “Yes,” says Joanne Houston of Just Family Law. “Out of court settlements provide solutions specially tailored to your family’s needs. You’ll save time and money, and you’ll be able to move forward amicably with your ex.”

DIY

The simplest approach is to negotiate directly with your ex although of course this isn’t always possible. If you’re able to discuss matters between you please make sure you take advice from an expert family lawyer . You need to know what you’re entitled to and how to protect:

  • yourself
  • your property and money
  • the children.

See my recent blog Financial settlement on divorce – How to get the best one for you

But if DIY is not for you, what are the options? Your solicitor can advise you of the most suitable route for you.

Leave it to the lawyers

Perhaps you’ll decide to negotiate with your ex through your solicitor. Because this in many ways remains the norm in relationship breakdown. Your solicitor will represent you and support you and will help you achieve your goals. You’ll be able to rely on their professional experience to communicate on your behalf with your ex’s solicitors. And you can attend roundtable meetings and your solicitor will represent you.

Mediation

Mediation is a fast, low cost solution where you are both directly in charge of the outcome. What does a mediator do? He or she will help you identify the issues between you and help you reach an agreement. If you can’t sit in the same room as your ex there can be ‘shuttle’ mediation. But please take legal advice alongside the mediation process. This is vital because the mediator can’t advise you of your rights. Which mediator to chose? Your solicitor will be able to recommend the most suitable mediator for your case.

Hybrid mediation

You both attend mediation and you take your solicitors along – helpful if there’s conflict between you, because the presence of solicitors will keep things objective. Your solicitor will even be able to speak on your behalf. Hybrid is also helpful where a legal issue is getting in the way of settling your dispute.

Collaborative law

A specially trained collaborative lawyer can help you reach an agreement tailored to your, and your family’s, individual needs. But how does this work? You and your solicitor, and your ex and their solicitor, all sign a Participation Agreement. This states you commit to reaching an out of court settlement. And if you don’t reach an agreement, your solicitor won’t be able to represent you in court – an incentive to finding a solution! What is the collaborative process? Your solicitor will be at your side to advise, support and speak for you at a series of roundtable meetings. And other experts can help if necessary. These include:

  • independent financial advisor
  • family consultant
  • child specialist
  • accountant

See my recent blog What is Collaborative Family Law

Collaborative law is a constructive process and you and your ex remain in control of it.

Arbitration

Arbitration is a relatively new option in family law but provides several strong advantages. But what’s an arbitrator? An arbitrator is a family lawyer – perhaps even a judge – with special training. You and your ex both agree to be bound by their determination. The arbitrator can look at all the issues – money and property and children. Or they can narrow it down to just one question such as where the children are to live. They’re also trained to listen to children. Arbitration is more flexible than court as you decide the venue and the timing. And it’s less formal – you can even ask for it to be conducted in writing.

Consent order

An arbitration provides you with a binding determination. But if you reach agreement through another avenue you’ll need the protection of a consent order sealed by the court. Your solicitor can help you with this. It’s a paper procedure and unlikely to involve a court hearing. But it’s vital because:

  • your ex will have to keep to what’s been agreed
  • you’ll be protected from future claims if eg you come into money.

See my recent blog How do I get a Consent Order

How to Avoid Court – Family Mediation, Collaborative Law & Arbitration

Contact Family Lawyer Joanne Houston on 01962 217640 for an initial free of charge consultation on the question How to Avoid Court – Family Mediation, Collaborative Law & Arbitration. In this 20 minute session she will review your situation and how you can achieve your objectives.

JUST FAMILY LAW are specialist divorce and family lawyers. We offer Pay as you go costs. We offer Collaborative law solutions tailored to your family’s needs.

The topics covered in this blog post How to Avoid Court – Family Mediation, Collaborative Law & Arbitration are complex. They are provided for general guidance only. If any of the circumstances mentioned in this blog apply to you, seek expert legal advice.

image for How to Avoid Court – Family Mediation, Collaborative Law & Arbitration Woman redhead natural portrait by dusdin on Wikimedia

Read the article

Do I need permission to take my children on holiday?

Do I need permission to take my children on holiday?

Can you take the children on holiday without permission from the other parent or the Court? It depends. In this blog I will set out what you need to consider. But as getting it wrong can have very serious consequences please get advice from a family law expert if you have any doubts.

The important factors you will need to consider are –

  • Is the holiday in England or Wales.
  • Or is it elsewhere – Scotland, Ireland or abroad.
  • Is it for less than 28 days.
  • Has the Court made a child arrangements order saying with whom the children will live.
  • Do you both have parental responsibility.

The holiday is in England or Wales

If the children live with you, you can take them on holiday without permission. If they don’t live with you, you can take them on holiday during a contact visit. But it’s best if parents discuss holiday plans well in advance in order to keep things amicable and to avoid misunderstandings.

The holiday is elsewhere – Scotland, Ireland or abroad

You can take the children on holiday without the other parent’s permission or the permission of the Court if –

  • there is a child arrangements order saying the children live with you, even if it’s not all of the time (as long as the time is defined), and
  • the holiday is less than a month (usually defined as 28 days)

For the lawyers and law students among you, this is set out in s.13 Children Actthe geographical extent of which is England and Wales. For everyone else, please read your child arrangements order carefully and all the way through.

But if the other parent doesn’t have parental responsibility (see below) you don’t have to consult them at all. However taking a child abroad where there is no child arrangements order and without the consent of the other parent when they do have parental responsibility is child abduction – a criminal offence. So if you have the slightest doubt, please get advice from a family law expert.

Here again, don’t forget to discuss your plans with the other parent in order to keep things amicable and avoid misunderstandings.

Who has parental responsibility?

  • all mothers
  • fathers who
    • were married to the mother at the time of the birth or subsequently
    • are named on the birth certificate (from 1 December 2003)
    • have entered into a parental responsibility agreement
    • have a parental responsibility order

Discuss your plans with the other parent 

This applies whether the children live with you or the other parent. Start discussing your plans as early as possible. Share your holiday itinerary. Take turns with significant holidays such as Passover, Easter or Ramadan.

If the children don’t live with you, you might be surprised how keen the other parent is for them to go on holiday with you. This doesn’t mean they aren’t a good parent, it’s just that they need a break. And if the children live with you, remember to respect their right to enjoy quality time with their other parent.

If you can’t agree,

may be the answer. In mediation or collaborative law, a family consultant can be involved to help with communication or non-legal issues.

Discuss your plans with the children 

Bracing walks on the coast might sound great to you but the children might prefer to laze around on a sunny beach. And don’t forget the children have their own commitments. Is there something coming up they really don’t want to miss? Or are exams on the horizon, should they be at home revising?

Make sure they stay in touch with the other parent 

When they’re away on holiday, even if they’re having a great time with you, they are likely to miss their other parent so work out in advance how and when they will stay in contact.

Seeing other family members

Don’t forget holidays are a valuable opportunity for children to see their wider family.

Grandparents

It can be difficult for grandparents to see their grandchildren, let alone come to an agreement to take them on holiday. See my blog Do grandparents have rights?

Do I need permission to take my children on holiday?

Contact Family Lawyer Joanne Houston on 01962 217640 for an initial free of charge consultation on the question Do I need permission to take my children on holiday? In this 20 minute session she will review your situation and how you can achieve your objectives.

JUST FAMILY LAW are specialist divorce and family lawyers. We offer Pay as you go costs. We offer Collaborative law solutions tailored to your family’s needs.

The topics covered in this blog post Do I need permission to take my children on holiday? are complex. They are provided for general guidance only. If any of the circumstances mentioned in this blog apply to you, seek expert legal advice.

image for Do I need permission to take my children on holiday? Caretta Beach Holiday Village on WikimediaThis image has been adjusted.

Read the article

How to File for Divorce in the UK

How to File for Divorce in the UK

How to File for Divorce in the UK …

The bad news is your marriage or civil partnership is over. But the good news is it’s now a lot simpler to get divorced thanks to the online system. I’m going to explain what you need to look out for and what it all means.

There’s rarely any need to attend Court and the whole process takes only four to six months but this doesn’t include the finances and and it’s often wise to delay finalising the divorce until they’re sorted out.

But if you would rather a lawyer do the divorce for you make sure you chose one who is committed to a non confrontational approach to family problems, such as Just Family Law’s Joanne Houston.

How a divorce starts …

One of you fills in a divorce petition (the petitioner) and the Court serves it on the other (the respondent).

What a divorce does …

It ends a marriage or a civil partnership but it doesn’t sort out the finances or the arrangements for the children.

Take the bull by the horns …

Did you know that divorce, finances and the arrangements for the children can all be addressed at the same time? See my blog What comes first, divorce or settlement?

If you can’t agree between yourselves you have the following options:

  • Help from a lawyer
  • Start Court proceedings yourself
  • Mediation
  • Collaborative law

Collaborative law is an opportunity to build a positive future for you and your family. See my recent blog What is collaborative law?

What’s needed to start a divorce …

  • Marriage certificate
  • Court fee of £550 unless you’re eligible to exemption from fees
  • The respondent’s address

Here’s a link to an application form to help with Court fees

How to fill in the divorce petition …

The online divorce service is on the GOV.UK site, here’s a link

It’s straightforward to fill in but there are some tricky questions. For example if you weren’t born in either England or Wales or if you live in another country. Or if you don’t know the respondent’s address. There are notes to help you but don’t forget to get expert help if you’re not sure. Lawyers often provide fixed cost advice for this kind of service.

The grounds for divorce …

The most popular is unreasonable behaviour. The least contentious is two year’s separation with consent. See my blog, Grounds for divorce – 5 things you need to know

Financial claims …

The form asks, “Do you want to apply for a financial order?” To be on the safe side tick Yes as the Court will take no action but it will leave it open for the future. Don’t risk missing out on pensions or the business or being left with debts that aren’t yours. And a Consent Order recording your financial settlement is essential to protect you.

Don’t forget to get expert help if you’re not sure. Lawyers often provide fixed cost advice for this kind of service.

Costs …

How to answer, “Costs – if you wish to claim costs from the respondent.” There are a number of things to bear in mind:

  • the expense of the Court fee to start a divorce which is currently £550
  • the availability of exemption from fees (see above “What’s needed to start a divorce”)
  • whether the respondent can afford to pay a costs order
  • the likelihood of the Court making a costs order

If you aren’t eligible to exemption from fees, and the respondent can afford to pay a costs order, see if the respondent will agree to pay or at least contribute.

Risks …

The respondent defends the petition. See my blog No fault divorce, your questions answered about the Owens case and the risk of the respondent defending an unreasonable behaviour petition.

What happens next …

The Court serves your divorce petition on the respondent and they acknowledge service of it, which means they fill in a form saying they’ve received the petition. Once you receive the acknowledgment of service from the Court you can fill in a statement in support.

Next the Court will set a date for the pronouncement of the decree nisi. You don’t have to attend Court for this.

The decree nisi …

Your marriage isn’t over yet but it’s an important stage if you are sorting out financial matters as a Consent Order recording your settlement can now be sealed by the Court.

Six weeks and one day after the pronouncement of the decree nisi the petitioner can apply for the decree absolute. But there are pros and cons. Should you wait until you have obtained a Court order confirming the financial arrangements between you? See my blog Quick divorce or safe divorce? How to protect your financial settlement

The decree absolute …

  • You are no longer married
  • You can remarry or enter a civil partnership
  • Your consent order about the finances comes into force

How to File for Divorce in the UK

Contact Family Lawyer Joanne Houston on 01962 217640 for an initial free of charge consultation on the question How to File for Divorce in the UK. In this 20 minute session she will review your situation and how you can achieve your objectives.

JUST FAMILY LAW are specialist divorce and family lawyers. We offer Pay as you go costs. We offer Collaborative law solutions tailored to your family’s needs. 

The topics covered in this blog post How to File for Divorce in the UK are complex. They are provided for general guidance only. If any of the circumstances mentioned in this blog apply to you, seek expert legal advice.

image Cat looks at the Wikimedia Commons main page by Freddy2001 on Wikimedia 

Read the article

Good Divorce Week – Is Divorce Bad for Children?

Good Divorce Week

What is Good Divorce Week?

Good Divorce Week 2018 (26 November onwards) is promoted by an organisation of family lawyers, Resolution, to help reduce conflict in divorce.

What does Resolution hope to achieve with Good Divorce Week?

Resolution wants to highlight the damage caused to children by conflict in divorce. Research has shown it’s not the separation or divorce itself but the conflict arising during the process.

But isn’t conflict inevitable?

No, not if parents remain amicable and communicate calmly and effectively with each other and the children. But sadly conflict does indeed often arise because parents have to rely on “fault” when they divorce for example unreasonable behaviour or adultery. Resolution has discovered that almost three quarters of the population agree that No Fault Divorce would protect the long-term interests of children.

How can parents avoid harm to children?

It is without doubt possible to minimise damage to children and statistics show that half of divorcing parents successfully put their children’s needs first. Furthermore eighty two percent of children in a Resolution survey said they would prefer their parents to part if they were unhappy. Children do not want to live in conflict and uncertainty any more than grown ups.

To bring the marriage to a positive but final end collaborative law and mediation are recommended.  Collaborative law is a particularly effective way to reduce conflict and promote the best interests of the family as a whole.

Read my blog 8 Tips on Arrangements for Children after Separation

There are even apps out there to help you co-parent.

Is divorce bad for Children?

Sadly it can be. In surveys children report:

  • they felt left out of the process
  • had no say where they lived
  • felt they had to choose between parents
  • had no understanding what was going on
  • felt it was all their fault
  • didn’t get good exam results as a result
  • got into trouble at school
  • drank alcohol and considered taking drugs

How about parental alienation?

Yes, there’s that too:

  • a third of children report one parent tried to turn them against the other parent
  • almost a fifth said they lost touch with their grandparents.

If you are a grandparent in this heartbreaking situation please see my blog Do Grandparents Have Rights? Practical Steps to Seeing Your Grandchildren Again

What’s the answer?

Parents must put their children’s needs first and try their best to avoid conflict. Collaborative law could be the way forward for you.

How can we have a good divorce?

The answer is No Fault Divorce. If blame were removed from the divorce process it would undoubtedly make it easier for parents to remain amicable.

What is no fault divorce?

The Government is currently considering whether divorce should simply be on the ground of irretrievable breakdown with no need to mention reasons. See my blog No Fault Divorce – Your Questions Answered 

I support no fault divorce, what can I do?

If you would like to join Resolution’s campaign follow this link to:

  • write to your MP
  • mug up on all the facts and figures
  • use your social media profile to help

Good divorce week – is divorce bad for children?

Contact  Joanne Houston on 01962 217640 for free advice on any of the issues raised in this blog. In this 20 minute session we will review your situation and how you can achieve your objectives.

JUST FAMILY LAW are specialist divorce and family law solicitors offering personalised legal solutions. We offer collaborative law which is especially relevant in providing solutions tailored to your family’s needs. This includes same sex couples and their families. Visit our website just-family-law.com The topics covered in this blog post are complex and are provided for general guidance only. Therefore if any of the circumstances mentioned in this blog have application to you, seek expert legal advice.

image Felicidade A Very Happy Boy by Luis Miguel Bugallo Sánchez on Wikimedia

Read the article

Change in US Tax Rules for Alimony


Change in US Tax Rules for AlimonyA big change in US tax rules for alimony is coming up in December 2018.

Do you live in the UK and your ex in the US? Or do you live in the US and your ex in the UK?

This change might apply to you and you may need to take urgent action.

The Tax Cuts and Jobs Act 2017 applies after 31 December 2018. Currently, payment of alimony (as maintenance is known in the US) is tax deductible. And those who receive alimony (the lower earner, so generally the wife) pay tax on it.

The change will mean husbands (generally the higher earner) will get no tax advantage and wives will no longer pay tax.

Two Ways of Looking at Change in US Tax Rules for Alimony

International families are rushing to finalise their financial arrangements to preserve the tax position. But there are two ways of looking at it.

Some say it’s a bad thing. Husbands will lose the tax advantage and may want to pay less alimony. And as wives won’t have to pay tax why should husbands pay them so much anyway? If you look at it this way you can understand why some international couples are panicking.

The UK went through similar tax changes in 1989. Lawyers were initially nervous. Would husbands be less willing to pay? Would wives miss out?

But in the long run the change in UK tax law didn’t make too much difference. Maintenance is calculated in the UK on the basis of need. How much does the wife require to support herself and the children? And what is the shortfall between her requirement and her income? This figure generally indicates the sort of maintenance that is required. See my recent blog Maintenance and Clean Break on Divorce.

Since 1989 there hasn’t been the head scratching and the complicated calculations – if he pays this much, how much tax relief will he get? So shouldn’t he pay more and pass over some of the benefit? And what about the wife, will it push her into a tax paying bracket? How much tax exactly will she have to pay? None of this applies anymore. In the UK it’s now a simple case of “What You See Is What You Get“.

Change in US Tax Rules for Alimony – Long Term & Short Term

Short term, couples will want to take advantage of the existing tax system. But hopefully the impending change won’t tip wavering couples into divorce.

Long term, it’s possible the change won’t make a fundamental difference. And it might save on professional fees as it will be simpler to work out what is actually paid and received – because they will be one and the same.

Change in US Tax Rules for Alimony and International Tax Rules

If one of you is US or UK based, and the other in a country where tax remains relevant, such as Belgium, Ireland, Italy, Netherlands or Portugal, make sure you take advice from an expert international family lawyer.

Prenuptial Agreements

If you are in an international family and you have an existing prenuptial agreement you should seek advice on the impact of the change in US tax rules for alimony.

Don’t Delay!

Anyone wanting to take advantage of the existing system should make sure they take advice now. There may still be time to secure a maintenance or alimony order – whether by consent or in Court – prior to 31 December 2018. And please note that the detail of the changes coming up in the US tax rules are complex and far reaching, and go well beyond the scope of this article. So please don’t delay taking expert advice.

Contact  Joanne Houston on 01962 217640 for free advice on the forthcoming change in US tax rules for alimony. In this 20 minute session we will review your situation and how you can achieve your objectives.

JUST FAMILY LAW are specialist divorce and family law solicitors offering personalised legal solutions. We offer collaborative law which is especially relevant in providing solutions tailored to your family’s needs. This includes same sex couples and their families. Visit our website just-family-law.com The topics covered in this blog post are complex and are provided for general guidance only. Therefore if any of the circumstances mentioned in this blog have application to you, seek expert legal advice.

image American Flag by Bengt Nyman on Wikimedia

Read the article

My Husband Has Left Me What Are My Rights?

My Husband Has Left Me What Are My Rights?My husband walked out on me, what are my rights?” This is a question I am asked only too often. Because in the immediate aftermath of a break up in a marriage, there’s a lot to worry about. And it’s not just the emotional fall out – which is bad enough – but the finances too. And particularly if you are the prime carer of the children, and don’t have immediate access to income to keep the family and the home afloat. It can all seem a bit of a nightmare.

Let Me Give You An Example Of The Issues

Judy comes to see me. Her husband, Richard, has discovered she’s having an affair with her Pilates instructor. Richard has left her and says she won’t get a penny of his money. He’s a high earner, and she’s at home looking after their two small children. Richard has his yacht and Ferrari up for sale and has threatened to move all his money abroad. He owns the family home in his sole name and has sent round an estate agent who says it’s going on the market.

Can Judy Stop Richard Selling The Family Home?

Yes. Judy can protect her right to occupy the family home.

She or her solicitor can send an application to the Land Registry for registration of a Notice of Home Rights. Indeed anyone who is not a joint owner should register their home rights as quickly as possible if their marriage has broken down.

Can Judy Stop Richard Selling His Yacht And His Ferrari And Moving All His Money Abroad?

Yes, Judy or her solicitor can make an urgent application to the Court to freeze Richard’s assets.

Can Judy Get Maintenance From Richard On An Emergency Basis?

Yes, Judy or her solicitor can make an application to the Court for maintenance pending suit (sometimes called interim maintenance).

Can Judy Get Maintenance From Richard To Enable The Family To Remain In The Family Home?

Judy will need to use the Child Maintenance Service to get payments for the children. As for ongoing maintenance for herself, that depends on both her and Richard’s financial situation.

Can Court be Avoided?

If Richard calms down and agrees to negotiate, or to mediate, or to use collaborative law, there’s no reason why this has to go to Court.

Although as mentioned above, registering a Notice of Home Rights is always advisable where the family home is not in joint names.

I’m Married, My Husband Has Left Me What Are My Rights?

Contact  Joanne Houston on 01962 217640 for free advice on your rights. In this 20 minute session we will review your situation and how you can achieve your objectives.


JUST FAMILY LAW are specialist divorce and family law solicitors offering personalised legal solutions. We offer collaborative law which is especially relevant in providing solutions tailored to your family’s needs. This includes same sex couples and their families. Visit our website just-family-law.com The topics covered in this blog post are complex and are provided for general guidance only. Therefore if any of the circumstances mentioned in this blog have application to you, seek expert legal advice.

 

image Munaza in a thoughtful look and mood by Rangbaz on Wikimedia Commons

Read the article

Financial Settlement On Divorce, How To Get The Best One For You – 5 FAQs

Financial Settlement On Divorce

  1. What’s The Best Way To Tackle Your Financial Settlement On Divorce?

By all means come to an agreement about the matrimonial finances between yourselves. But make sure you obtain advice from an expert family solicitor to ensure it’s a fair deal. This could save you money in the long term because the wrong financial settlement can affect the rest of your life.

Your solicitor should advise you of your options such as negotiation, mediation or collaborative law. But if these don’t work, Court proceedings might be the answer. Your solicitor will tell you how much these options are likely to cost.

  1. What Happens First?

All the matrimonial assets are utilised to provide a fair settlement for both of you. So you both need to provide information about every single one, whether owned in your joint names, or in your sole names:

  • The value of the family home (and any other property) and the size of the mortgage
  • Bank and building society accounts
  • Shares
  • Pensions
  • Any other investments
  • Debts

And you will both need to provide details of your income and outgoings, too.

  1. Which Assets Are Non Matrimonial? 

Can you protect your inheritance on divorce? How can you ring fence your business? How about property owned pre-marriage? You will need expert legal advice to answer these questions. But you must, first of all, disclose the existence of these assets, and their value.

  1. How Are Assets Divided For Your Financial Settlement On Divorce?

The starting point is equal division. But the Matrimonial Causes Act tells us we must also consider various factors, and any one of these could mean an adjustment to income or capital. The list of factors includes:

The Welfare Of Any Children
Income and Earning Capacity

The approach is to achieve a “clean break” between couples by capital adjustment rather than ongoing maintenance.

Financial Needs

If there are children, the parent with whom they live is likely to have a greater need for capital.

Standard Of Living During The Marriage

In rare cases where there is an excess of capital and income, this is an argument for a greater share.

Your Ages, And The Length Of The Marriage

There are different considerations depending on the ages of the couple, and whether it’s a short marriage or a long marriage.

Any Physical Or Mental Disabilities

This could be a case for ongoing maintenance, or extra capital.

Contributions To The Marriage

High achievers can attempt to ring fence their “stellar contribution

5.         Is A Court Order Required?

A Court order means if one of you changes your mind, or if one of you comes into money, there’s no going back for a second bite of the cherry. And it’s a relatively simple matter for a solicitor to draw up an order and to send it to Court. Ask for a fixed fee quote.

Contact Joanne Houston on 01962 217640 for free advice on your financial settlement on divorce. In this 20 minute session we will:

  • Review your matrimonial financial situation and how you can achieve your objectives
  • Give you an overview of how a suitable financial settlement may be achieved by either negotiation, collaborative law, mediation, or Court procedure

JUST FAMILY LAW are specialist divorce and family law solicitors offering personalised legal solutions. We offer collaborative law which is especially relevant in providing solutions tailored to your family’s needs. This includes same sex couples and their families.

Visit our website just-family-law.com

The topics covered in this blog post are complex and are provided for general guidance only. Therefore if any of the circumstances mentioned in this blog have application to you, seek expert legal advice.

image: Lady Judge in Boardroom by Lady Barbara Judge on Wikimedia Commons

Read the article

Collaborative Law & Divorce: The Importance Of Assertiveness

I have guided many clients through the collaborative law divorce process and I have noticed a common theme. Many simply do not know how to assert themselves. Perhaps this is because they have lived for years with a forthright and dominating partner? Maybe it’s been easier to acquiesce?

But with the marriage over, and the rest of their lives to deal with, the time for acquiescence has gone. It’s time to be assertive.

A Collaborative Law Divorce Can Forge A Positive Future For Families

It can also provide a life changing learning experience in assertiveness.

I remember in particular a client I will call Rebecca. She travelled the world with her husband, Geoffrey. They rarely stayed in one country, let alone one home, for long. Her family – her husband and three tiny children – were her entire life.

But she told me Geoffrey had left her and was eager to negotiate a quick settlement. He wanted to put the marriage behind him. She was tearful and anxious because she simply had no idea what to do. Where would she live? Where would the children go to school? Would their father remain a positive influence in their lives? Would she have enough money?

Collaborative Law Divorce: The Process

I told her about the collaborative process and how I could help her as her collaborative lawyer. She would be able to resolve the issues that concerned her, negotiate the necessary arrangements, and make the right decisions for her family.

I would sit at her side in meetings with her husband and his collaborative lawyer as her voice, support, and legal adviser.

Collaborative Law Divorce And Life Coaching

Rebecca was interested in a collaborative law divorce but said she feared conflict with Geoffrey. She would never find the courage to stand up to him. Furthermore she feared he would simply turn his back on her and the children forever.

And she was anxious about the cost of the divorce. Would the outcome leave her and the children in penury?

I gently reminded her she must try to think long term. Would she consider consulting a life coach? I could recommend one who specialised in the difficulties arising from marriage breakdown. Other clients had found new confidence as a result. They had been able to deal with painful issues, and achieve a level playing field.

Rebecca thought about my suggestion. A few days later she got back to me and said yes, she would like to go ahead.

The Power Of Assertiveness In The Collaborative Process

I introduced Rebecca to a life coach. They made great strides together. It wasn’t long before we were able to start the collaborative process.

Rebecca was now able to face all the issues head on, and state her point of view with conviction. In addition she now realised she had the right to express her views, refuse settlement proposals, and offer her own ideas. It was a pleasure to sit by her side and guide her.

If in the collaborative process you are assertive, and focused on your needs, you will achieve the best settlement for yourself and your family, long term. And as a result the experience will help you manage your family better after your divorce. In particular the unreasonable demands and expectations of others.

The assertiveness you have learned during the collaborative law divorce process will help you plan financially for the future.

In Conclusion

The experience of your collaborative divorce will be your first step to developing your independence and autonomy in your newly formed, separated family.

Phone Us For A Free Consultation …

Phone Joanne Houston on 01962 217640 for a free 20 minute consultation on these important issues.

JUST FAMILY LAW are specialist divorce and family law solicitors offering personalised legal solutions.

We offer collaborative law which is especially relevant in providing solutions tailored to your family’s needs, including same sex couples and their families.

Visit our website just-family-law.com

The topics covered in this blog post are complex and are provided for general guidance only. Therefore if any of the circumstances mentioned in this blog might have application to you, you should seek expert legal advice.

image credit: Woman Pointing by Helmuts Rudzītis (filter etc applied) on Flickr

Read the article