Category Archive: Family Law

1. The Importance of a Financial Consent Order and Dealing with Divorce Finances

   January 25, 2024 9:10 am Leave a Comment

   With the new no-fault divorce laws, it is now easier than ever for parties to divorce. Applications for divorce have hit their highest level for over a decade, and lots of separating couples are opting to deal with divorce themselves via the online HMCTS divorce portal. The risk in this is that separating couples may not be seeking the legal advice that they once would have done when commencing divorce proceedings was less accessible. This, coupled with the misconception that divorce also deals with financial matters, means that an increasing number of separating couples may not have adequately dealt with ending the financial claims that they have against each other by virtue of their marriage.

   Financial claims remain ongoing until former spouses have put in place what is known as a ‘Consent   Order’, which records the financial settlement reached between parties. This is separate from a Decree Absolute or Final Order for divorce.

   If there is no financial order in place, this means that your ex-spouse could have a claim on your finances and assets years down the line. This could include but is not limited to, any capital, salary, pension, property owned or even lottery winnings. Therefore, in most cases we would always recommend getting a financial consent order to prevent any future claims by your ex-partner.

   Financial matters can be dealt with by way of Court proceedings; however, to attempt to keep matters amicable between parties, the first step is usually to attempt to reach a financial settlement on a voluntary basis without Court proceedings being initiated. The first option is for financial disclosure to be exchanged between parties on a voluntary basis. This consists of both parties getting together their full financial disclosure, so that they are both aware as to the full extent of the matrimonial finances. Either party can raise queries based on the disclosure that the other has provided in the hope that constructive negotiations can then take place to agree on a financial settlement, which would be recorded in a ‘Financial Consent Order’. Alternatively, parties can opt for mediation whereby disclosure is exchanged through a mediation service, and a third-party mediator will assist you both in reaching a financial settlement that is fair for both parties.

   Unfortunately, some matters cannot be dealt with in a voluntary manner, and this is where either party may wish to issue financial Court proceedings. Similar to the voluntary process, parties are both required to file their full financial disclosure with each other and the Court in the hope that a settlement can be agreed between the parties in the Court arena. The majority of Court cases end by way of agreement and it is indeed the expectation of the Court that parties will have constructive negotiations to reach a settlement agreed by both parties, rather than being imposed by the Court.

   The Court will always consider whether a clean break is possible for your situation, as there are some situations where it is not suitable. This is why it is important to seek legal advice before any proceedings take place to discuss your individual circumstances.

   It is important to be aware that divorcing couples can achieve a clean break from each other; however, it is not applicable to any arrangements in relation to your children.  

   If you would like to discuss any aspect of divorce finances or other related financial matters, or if you require any further information, please do not hesitate to contact our family department, who will be pleased to assist you. You can reach them by calling 01782652300.

2. Karen Wilson Celebrates Resolution Accreditation

   August 16, 2022 3:07 pm Leave a Comment

   Tinsdills Solicitors are proud to announce that Senior Associate, Karen Wilson has successfully achieved re-accreditation by the Family Law Association, Resolution as a Specialist Member.

   Karen has been an accredited member since 2010 and is required to undergo reassessment every 5 years in order to maintain the certification.

   Founded in 1982, Resolution promotes a non-confrontational approach to family law issues in the knowledge that such approach will produce a better outcome for separating families and their children.

   Karen Wilson is one of over 1200 recognised Specialist Resolution Members throughout the UK who are “recognised for having superior expertise in their given specialism of family law to provide the best support in resolving issues.”

   This means that Karen is recognised as having demonstrated excellence in the field, with particular recognition of expertise in the areas of Private Children Law and Advanced Financial Provision.

   Accreditation of this nature is no small task and requires demonstrable evidence through the form of a portfolio assignment as well as examination. Following this, Karen was also required to demonstrate detailed knowledge of the law and show skill and proficiency in her specialist areas.

   Commenting on her accreditation, Karen said “as a family law solicitor with almost 30 years of experience I feel proud to continue to help clients out in a very difficult period of their lives drawing upon my specialist knowledge and professionalism. As an accredited specialist, clients’ can be reassured that my expertise is recognised not only by members of the public but also by fellow professionals.”

   Managing Director, Peter Hamilton continues, “our Family team are dedicated to ensure clients receive the right advice, in the right way for them. Karen’s accreditation helps us to continue to support couples going through what can be the most difficult period of their life. By promoting cooperation between parties in a calm and reasonable environment, we can create the best chance to reach a constructive agreement amicably and efficiently between parties.”

   Tinsdills Solicitors have a long track record of providing expert Family Law advice to clients, being one of the largest and most experienced firms in the area. The latest accreditation strengthens Tinsdills team of Resolution members as Karen joins colleague and fellow member, Helen Jackson in providing expert advice in relation to Divorce and Separation, Children Matters, Financial Provisions and Collaborative Law Services. 

   To find out more about our Family Law services, and how we can support you contact us on 01782 983943 or complete an online enquiry form.

3. Wedding Law Reforms: from something old, to something new!

   July 20, 2022 3:35 pm Leave a Comment

   The Law Commission has recommended an overhaul of the current laws surrounding weddings in England and Wales. Following concerns around the effectiveness of the current rules governing weddings, the Government has requested the Law Commission perform a review of what has been described as an “out-of-date” system.

   With an increasingly diverse society, it comes as no surprise that more and more regulations are falling short of modern needs, and these proposals will provide the much needed first step in offering a fairer and more consistent approach to wedding ceremonies.

   Family Law Solicitor, Heather Arnold comments, “The reforms proposed by the Law Commission will provide couples with the freedom to hold a wedding ceremony at an increased range of locations, with a more personalised service, meaning ceremonies may be more individual or meaningful to couples. Notably, under the reforms, weddings would be guided by universal rules allowing couples greater scope to hold a ceremony which is not only respecting of their religious, or non-religious beliefs, but also without the need to choose from specific, limited venues.”

   With access to a greater number of venues, the new reforms may also provide an opportunity for couples to save money without losing out on quality of service or atmosphere. Currently the demand for wedding ceremonies is at an all time high, with many couples who missed out on their original ceremony during the pandemic, taking priority on current bookings.

   Heather continues, “There is presently a backlog of weddings due to Covid 19 and the reforms may enable couples to marry without delay and potentially, at a lower cost. In 2021, the average cost of a wedding was reported at £17,300. Ultimately, this will create a fairer system for couples and Tinsdills welcome proposals to allow couples to marry wherever and however they choose.”

   You can read the Law Commission’s findings here: https://www.lawcom.gov.uk/centuries-old-weddings-laws-to-be-overhauled-under-new-reforms/

   Tinsdills Solicitors provides a full range of family law services, from pre and post nuptial agreements, to change of name deeds. If you require Family Law advice, please contact us and our expert teams will be able to provide the advice and guidance you need. 

4. No Fault Divorce – New Divorce Law Changes

   March 30, 2022 2:48 pm Leave a Comment

   England and Wales are set to witness the biggest change to divorce law in a generation. From the 6^th April 2022, for the first time, “no fault divorce” will not only be available to all, but there will also be no alternative to “no fault divorce” allowing couples to file for divorce jointly and amicably.   

   The existing law on divorce dates back to 1973 which set out 5 reasons for divorce with “unreasonable behaviour” or “adultery” becoming the most common cited. So much so in fact, that it is now arguably part of our culture, but for many couples, seeking a divorce on equal terms under the current law can be difficult, and often causes conflict.

   For years, organisations such as Resolution have recognised this is issue and have been actively advocating for no fault divorce to be implemented, and at last it is finally here. 

   Many believe that by removing the necessity to attribute responsibility for the breakdown of a relationship will help to minimise conflict between parties.  Perhaps it will to a degree, although by large, the change to divorce law will not affect the great potential for conflict to arise over arrangements for children, property and money. 

   The new divorce process will take at least 6 months to complete, with a minimum period of 20 weeks between the start of proceedings and the application for a Conditional Order.  Since the introduction of on-line divorce in recent years, it had been possible to finalise old style divorces in a much quicker time period and for some, this longer process will cause further discord.

   Under the old procedure, notice of the issue of divorce proceedings is given to the Respondent by the Court as soon as proceedings are issued. However, under the new system, the Respondent will not necessarily be notified of the divorce straight away which might also lead to growing frustration. 

   As with the old-style divorce, all new applications will be made through an electronic portal. However, for fault-based divorces, this facility closes at 4pm on the 31^st March 2022 and the new divorce process will open on 6^th April 2022. 

   Therefore, for those needing urgent relief such as certain emergency Financial Orders, we would advise seeking legal advice at your earliest convenience, as it will still be possible to file a paper application between 1^st and 5^th April 2022. 

   For advice on divorce and separation, financial issues and children’s arrangements, Tinsdills team of expert solicitors are on hand and can offer a variety of support and guidance to suit your needs.  

5. The Rising Cost of Separation; New Court Fees

   November 12, 2021 10:21 am Leave a Comment

   The introduction of the Court Fees (Miscellaneous Amendments) Order 2021 came into force on 30^th September 2021, bringing with it an increase in Court fees for the first time since 2016. The new Family Court fees have risen significantly by around 8% to bring them in line with the rate of inflation. 

   Some of the following Court fees have been affected by the new price increases:

   • The Court fee payable on Divorce Proceedings has increased by just under 8% from £550.00 to £592.00. 
   • The fee payable on Application for Financial Orders, for those who are unable to agree financial terms, has also gone up by nearly 8% to £275.00. 
   • The fee to apply for a Child Arrangements Order (residence or contact) has increased by 6% to £232.00.
     

   A full list of Court fee increases can be found here The Court Fees (Miscellaneous Amendments) Order 2021

   On a positive note, Applications for Injunctions to protect victims of domestic abuse or harassment will not attract a fee.

   Applicants in receipt of certain benefits may also be exempt from payment of Court fees, and those in receipt of low incomes should be able to apply for fees to be reduced. 

   Most family disputes can be resolved without the need of Court intervention, with exception to Divorce, which requires court proceedings to be sought and unfortunately can attract a hefty fee unless you are entitled to a means tested reduction.  

   At Tinsdills our experienced Family Law team can advise on how to resolve a variety of family disputes without the need to pursue Court Proceedings, and when Court Proceedings are necessary, our team have a wealth of experience in guiding our clients through every step of the process. 

   To find out more, get in touch to book an initial consultation with one of our friendly Family Law Solicitors. 

6. Pet Nups: What are they and how will my pets be dealt with upon separation or divorce?

   October 28, 2021 8:59 am Leave a Comment

   If your relationship or marriage unfortunately breaks down, aside from dealing with arrangements for any children, dealing with the pets of the relationship can be one of the most difficult and emotionally challenging aspects. 59% of UK households own pets and so deciding who ‘keeps’ pets upon separation is a fairly common issue, however, it is not one that the Court likes to become involved in.

   What is the approach of the Court?

   Pets are of course a much-loved member of any family; however, they are regarded by the Court simply as a ‘personal possession’. The Court will consider who purchased the pet, or whether it was gifted, and who has taken command of the day-to-day care of the pet by way of food, insurance, vet bills etc.

   The Court will encourage separating couples to make arrangements for any pets between themselves. One party can have sole care of any pet, or it may be agreed that both parties have ‘shared care’ of a pet, with dates and times agreed for contact.

   What is a Pet Nup and do I need one?

   In order to avoid disputes as to contact and care arrangements for a pet upon separation, couples are now choosing to enter into a Pet Nup. This is an agreement between the parties, which states what will happen to any pet should they separate.

   This does not just include cats and dogs. A Pet Nup can be prepared for any animals of a relationship.

   A Pet Nup is not fully legally binding; however, it records the intentions of the parties should any dispute arise.

   Is there an alternative to a Pet Nup?

   If you and your partner are moving in together or getting married, it is likely that there are other matters to be dealt with alongside pets, such as financial matters.

   Provisions with regards to any pets could be included within a Cohabitation Agreement//Living Together Agreement or Pre-Nuptial Agreement. Having such Agreements in place would then assist in reducing any areas of dispute, should you and your partner separate. 

   Contact Us

   If you would like to discuss any aspect of Pet Nups, Pre-Nuptial Agreements or Cohabitation Agreements/Living Together Agreements, please do not hesitate to contact our family department who will be pleased to assist you.

7. Cryptocurrency and Divorce

   October 11, 2021 9:18 am Leave a Comment

   If your marriage unfortunately breaks down, you may generally be aware that assets such as property, pensions, investments and savings will need to be dealt with upon divorce.

   However, many individuals now own cryptocurrency, such as Bitcoin, and this is seen by the Court as an asset and will form part of the matrimonial ‘pot’ of finances on divorce.

   What is Cryptocurrency?

   Cryptocurrency is a form of digital currency that only exists electronically. It can be used in exchange for the purchase of goods and services. Popular examples include Bitcoin, Dogecoin and Litecoin.

   Cryptocurrency is seen by many as an investment, with 4.4% of UK adults owning cryptocurrency. This may not seem substantial; however, this figure is up more than a fifth compared to one year ago and the popularity of cryptocurrency is ever increasing, with El Salvador becoming the first country to accept Bitcoin as legal tender as of September 2021.

   It is therefore inevitable that cryptocurrency will form more of a significant part of a financial settlement on divorce in the coming years.

   How is Cryptocurrency dealt with on divorce?

   When dealing with financial matters on divorce, you and your spouse have a duty to provide full and frank financial disclosure and you must disclose everything that is relevant to your matrimonial finances. This would include any investments in cryptocurrency.

   A value of the cryptocurrency would need to be determined and this would then be taken into account and form part of any financial settlement.

   What are the difficulties in dealing with Cryptocurrency on divorce?

   There are unfortunately many difficulties at present when dealing with cryptocurrency on divorce.

   Firstly, the value of cryptocurrency is ever-changing and so it is difficult for cryptocurrency to be fairly valued within divorce matters. Property and cash savings can be easily valued and tend not to fluctuate too significantly in value. However, the value of cryptocurrency is unstable and for instance, your spouse’s investment could be worth £5,000 one day and then increase to £10,000 or decrease to £500 the next. It is therefore difficult for parties and the Court to determine a fair financial settlement when you could have a completely different financial situation from one day to the next.

   Cryptocurrency is also unregulated, and it can easily change hands if your spouse is attempting to ‘hide’ assets. If there is evidence that your spouse has attempted to conceal assets, the Court does have the power to freeze your spouse’s assets, including cryptocurrency. Forensic experts can also attempt to trace any hidden cryptocurrency and where cryptocurrency cannot be traced, but the Court are satisfied of its existence, it can be ‘added back’ into the matrimonial financial pot.

   Should your spouse not provide full and frank financial disclosure and seek to ‘hide’ assets, they will be deemed to be in contempt of Court, with possible punishment of a fine or imprisonment.

   Contact Us
   

   If you would like to discuss any aspect of divorce or financial matters, please do not hesitate to contact our family department who will be pleased to assist you.

8. Choosing and Changing Your Child’s Name

   July 30, 2021 9:41 am Leave a Comment

   The Duke & Duchess of Sussex has recently announced the birth of their Daughter Lillibet Diana. Diana was to be expected, Lillibet, Queen’s childhood nickname prompted some mixed comments. It is said that “a rose by any other name smells as sweet” but we’ve all passed comment on a celebrity’s bizarre choice and wondered what on earth the parents were thinking.

   With very limited exception, the choice of a child’s name at birth is an act of Parental Responsibility. Parental Responsibility is the legal term for parental rights and responsibilities.

   If the child’s parents are married, they will both have Parental Responsibility and will be equally responsible for registering the child’s birth and will give the child’s chosen name to the Registrar. If parents are not married, only the Mother will have Parental Responsibility so the child’s name will be registered by the Mother. If the Father disagrees with the Mother’s choice of names his only remedy would be to make an Application to Court for a Specific Issue Order, but unless the Mother’s choice is as bad as the names in the Re C case the Court won’t interfere.

   In Re C a Local Authority intervened. The children were the subject of Care Proceedings. The Mother proposed that the children should be named Cyanide and Preacher. The Court took the view that naming the little girl Cyanide would go beyond the unusual, bizarre, extreme and foolish and gave the Court reasonable cause to believe that the child would suffer significant emotional harm because of the name.

   Changes of first name after registration are not common but they are increasingly arising in the case of transgender children. If both parents have Parental Responsibility, they would both need to agree to the change of name. In the case of disagreement, the parent wishing to change the child’s name would need to apply to Court for a Specific Issue Order. The Court’s decision will depend on the circumstances of the case and will attach considerable weight to the emotional welfare of the child.

   Courts do not routinely interfere with the parent’s exercise of their Parental Responsibility. If both parents have Parental Responsibility and agree to the change of a child’s surname, they may change it, and whoever has sole Parental Responsibility for a child may change it, but a child’s surname cannot be changed without the authority of all who have Parental Responsibility. If they do not agree then the person wishing to change the child’s name would need to apply to Court for a Specific Issue Order, and it will be for the parent who wants to change the child’s surname to convince the Court that to do so will further the child’s welfare.

   The welfare of the child will always be paramount. The Court will take account of the reasons for the proposed change of name, but considerable weight will be given to the link that the child’s surname recognises to the child’s Father. The fact that the child’s surname might be different to that of the parent wanting to change the name is unlikely to carry much weight unless it can be demonstrated that the name is causing the child so much embarrassment or anxiety as to be causing emotional harm.

   Courts will almost always be reluctant to allow parents to “ditch” the surname given to a child at birth without compelling reasons.

   Anyone can change their own name when they reach their 18^th Birthday. Young people between 16 and 18 can change their own name unless a Residence or “Living With” Order is in place, in which case they will need the consent of everyone who has Parental Responsibility for them.

   Should you wish to discuss any topics mentioned in this article, please contact us via telephone on 01782 956123 or through our online contact form.

9. Changes to the Domestic Abuse Act 2021

   July 9, 2021 7:32 am Leave a Comment

   The Domestic Abuse Act 2021 received Royal Assent on 29^th April. Some of its provisions come into effect immediately, but most are expected to come into effect with detailed Regulations later this year.

   So what changes can we expect to see?
   

   In brief, the legislation aims to promote awareness of domestic abuse to better protect and support victims, not only from further abuse, but to enable them to participate safely and without intimidation in Criminal and Family Proceedings.

   The Act recognises that domestic abuse includes not only physical or sexual assault, but threatening behaviour, controlling or coercive behaviour, financial and emotional abuse. It also recognises that child witnesses are also victims of that abuse.

   A new criminal offence of Non-Fatal Strangulation or Suffocation is created and the existing offence of disclosing private intimate photographs (known as “revenge porn”) is extended to cover the threat of disclosing the photographs as well.

   Homeless victims of domestic abuse will automatically have priority need for housing and GP’s must provide victims of domestic abuse with the letter to support their Application for Legal Aid funding without charge.

   The Police are given additional powers to be able to issue a Domestic Abuse Protection Notice (DAPN) where a Senior Officer has reasonable grounds to believe abuse has taken place. Victims will be able to apply to Court for a Domestic Abuse Protection Order (DAPO), which will last longer than traditional Injunctions.

   A DAPO will be broader in scope than a conventional Injunction. In addition to protecting the victim from further incidents of abuse or harassment, provisions can be made for electronic monitoring and specific obligations put on the perpetrator to address behavioural or addiction issues.

   In Court Proceedings the perpetrator will not be allowed to cross-examine their victim and Local Authorities publish their plans to provide additional support to victims of domestic abuse.

   We welcome the government’s commitment to tackling domestic abuse. As a specialist Family Law team, we can assist in dealing with abuse and bringing your relationship to an end, offering support through emergency court proceedings, seeking a non-molestation order and / or an occupation order. We can also assist you through divorce proceedings and resolution of finances following the end of your relationship, together with sorting arrangements for your children. 

   Should you wish to discuss any topics mentioned in this article, please contact us via telephone on 01782 956123 or through our online contact form so that an appointment can be set up with one of specialist family solicitors.

10. Pre-Nuptial, Post-Nuptial & Cohabitation Agreements

    March 18, 2021 5:20 pm Leave a Comment

    In this article, we take a look at Pre and Post-Nuptial Agreements, whilst also considering Cohabitation Agreements. Read on for more information to help guide your decision to find the best option for your circumstances.

    Pre-Nuptial Agreements

    More frequently nowadays, couples who are intending to get married consider entering into a Pre-Nuptial agreement in advance of the marriage.  This is usually the case where one party will be entering the marriage with more assets than the other and they are looking to protect those assets should the marriage breakdown, but also where one party wishes to protect possible future inheritance.  A Pre-Nuptial agreement sets out how those assets are to be retained or distributed in the event of a relationship breakdown, and whilst historically it was something only considered by the wealthy, increasingly it is something which is seen as an attractive option to give more peace of mind that your assets could be protected.

    The key point to bear in mind is that a Pre-Nuptial agreement is not legally binding in English law.  That said, they are growing in popularity and the Judiciary are more willing to attach weight to them in certain circumstances, provided they have been properly drawn up and executed.

    The agreement itself needs to set out full details of the relevant parties and additionally all property needs to be identified together with any matters of particular significance that may not be immediately obvious.  Reference should be made to any children of the family and an explanation as to how they would be provided for.  It is also vital for the agreement to include review dates in the event of a particular change, for instance the birth of a child, or other significant change in circumstances.

    The most important requirements to remember about a Pre-Nuptial agreement are that they should be prepared in good time before the wedding, with a minimum of 21 days before the intended wedding date although ideally significantly longer.  This is especially relevant in the event the agreement is complex, or wider aspects are to be considered.  The document should be drafted clearly, and so that parties intentions are clear with careful attention paid to all dates and terms.  Both parties should have fully and frankly disclosed to each other details of their financial circumstances, and both parties should have received competent and independent legal advice.

    Provided these requirements have been addressed then there is some suggestion that if one party ever did have to rely on the agreement, then the Court would attach weight to it.  It is however still the case that each situation will be decided on its own merits, and the Court would give due consideration to the fairness of the agreement in all circumstances.  

    Post-Nuptial Agreements

    If parties are already married but wish to put in place an agreement which sets out the above, then they should think about entering into a Post-Nuptial Agreement.  The considerations are the same as those mentioned above, with the difference being the agreement is only drawn up after the marriage has already taken place.

    But what if you are not intending to get married and yet still wish to regulate the terms of your relationship?  This may be because you are thinking about marriage at some point in the future but not considering a date at this stage, or alternatively are simply looking to establish the basis of a change in your relationship.

    Cohabitation Agreements

    Unmarried couples do not have the same rights as married couples, even if they have lived together for many years and therefore one way to establish financial and other arrangements such as childcare, is to enter into a Cohabitation agreement.

    There is presently little Judicial guidance regarding Cohabitation agreements, however it is suggested that it may follow the same consideration as a Pre-Nuptial agreement should its content need to be relied on.  In largely the same way therefore, the document should set out relevant information such as full details of the parties and any children, and any other matters of particular significance which may not be immediately obvious.  Both parties should exchange full and frank information with each other about their own financial circumstances so that they are aware of each other’s position, and both should take independent legal advice on the intended agreement.  Should the parties wish, they could include what provision they intend to make for each other in their respective Wills, and as before, the agreement should be reviewed on the birth of any child or if the parties circumstances change significantly.  As with all legal documents, the contents should remain confidential other than between the concerned parties and their legal representatives.  

    In addition to a Cohabitation agreement, a Deed of Trust in relation to any property may also be considered, with this being where one party is the sole legal owner and the other partner has an equitable interest or where both parties are joint legal owners.

    One important point to note is that a Cohabitation Agreement becomes void upon marriage and therefore due consideration must be given to this in the event you later decide to formalise your relationship. At that point, should you still wish to regulate the terms of your relationship, then it may be necessary to consider a Pre-Nuptial agreement, with the relevant requirements as set out above.

    Whether you’re thinking about a pre-nuptial agreement or considering your options for you and your partner, Tinsdills Solicitors can assist with the necessary legal arrangements. Contact our team today: 01782 652300