Wrigley Claydon Solicitors

Category: Family Law

  • Divorce and Finances: Conduct within financial proceedings

    Divorce and Finances: Conduct within financial proceedings

    The main aim of the courts within financial proceedings is to determine a fair division of matrimonial assets between the parties and assess whether a clean break is achievable.

    Although judges do consider all aspects of the case, to ensure an impartial outcome, they focus mainly on the future and not the past.

    This is due to the fact that the judge’s decision is not swayed by who was to blame for the breakdown of the relationship, unless these actions are relevant to the assessment of the needs of both parties.

    The courts must consider conduct of the parties where it is deemed relevant. This is provided for the Matrimonial Causes Act 1973 which states ‘if that conduct is such that it would, in the opinion of the court, be inequitable to disregard it’ (s.25(2)(g) MCA 1973).

    This raises the question of what conduct is considered ‘inequitable to disregard’?

    Since the Matrimonial Causes Act (which is 50 years old now) there has been further caselaw which has clarified the position of the courts on this matter.

    It has been made clear by the authorities that the bar for a successful conduct case is extremely high. Case law indicates the examples of extreme conduct which may be considered include murder, incest, child abuse and or child abduction.

    The test regarding conduct is whether there is a ‘gasp factor’.

    A later case confirmed that the conduct must be ‘obvious and gross’.

    Conduct can fall into 2 main categories.

    • Personal misconduct- this includes violence and abusive behaviour such as stabbing a spouse.
    • Financial misconduct- this is when one partner misspends assets or acts recklessly leading up to the proceedings such as reckless purchases.

    To successfully argue financial misconduct, the act must be intentionally carried out to reduce the other spouse’s share. In one case, for instance, the husband’s serious cocaine and alcohol addiction was raised, the wife alleged that he was spending £6,000 per week on drugs and significant amounts on prostitutes. The judge ruled that while this behaviour was irresponsible, it was not deliberate, and therefore no “add back” of funds was granted.

    Over recent years there has been an increase in the number of cases where allegations of abuse have been raised. In 2019/2020, 40% of new financial applications involved allegations of abuse demonstrating that this behaviour is unfortunately on the rise.

    If you are considering beginning financial proceedings or have already began them and require assistance, please do not hesitate to contact our friendly and highly experienced team on 0161 624 6811 or email za@wrigleyclaydon.com, where we would be happy to help.

  • What are the benefits and limitations of the new online divorce process?

    On the 6th April 2022 the government introduced no-fault divorces and launched a new digital platform for those who wish to apply for a divorce. What, however, are the benefits and limitations of the new online divorce process?

     

    Benefits of an Online Divorce

    One of the most significant advantages of online divorce is the convenience that it offers. Parties can initiate the process from the comfort of their own homes, at any time that suits them, without the need for physical appearances in court. This accessibility is particularly beneficial for couples residing in different locations or with busy schedules.

    Additionally, divorce proceedings often incur substantial legal fees, making them financially burdensome. Online divorce, on the other hand, tends to be more cost-effective as they reduce the need for legal representation as individuals can complete the process themselves.

     

    Limitations of an Online Divorce

    While online divorce offers numerous benefits, there are considerations and limitations that couples should be aware of before deciding to do it themselves without solicitors help.

    Online divorce platforms typically provide limited legal guidance or access to legal professionals.

    While this can be sufficient for couples with amicable and uncomplicated divorces, those where there are financial matters, such as property division, spousal support, or pension sharing or children, it is highly advisable to seek legal advice to ensure that all relevant aspects are adequately addressed.

    While the online application for a divorce may be suitable and straight forward for many, this approach may not be viable for those faced with complicating factors. If you require any legal advice regarding such matters, please do not hesitate to contact us on 0161 624 6811 or email za@wrigleyclaydon.com.

  • How does the online divorce process work?

    The digital age has revolutionised numerous aspects of everyone’s lives, and the legal sphere is no exception. In recent years, traditional divorce proceedings significantly have transformation with the introduction of online divorce processes. This convenient and efficient method is extremely popular due to its accessibility, cost-effectiveness, and streamlined procedures.

    Online divorce applications can be started by one person as a sole applicant or together as joint applicants. You do not have to give a reason for the divorce, other than a simple statement that the marriage has irretrievably broken down.

    The three conditions for eligibility are:

    1. You need to have been married for at least one year.
    2. Your marriage must be legally recognised in UK and,
    3. It must have irretrievably broken down.

    You will need the following information in order to submit an application:

    1. Full names and address of both people
    2. Any contact telephone numbers
    3. Email addresses
    4. The original marriage certificate or a certified copy (and a certified translation if it’s not in English)
    5. Proof of any name change if changed since the marriage – e.g. a deed poll or change of name deed.
    6. A credit or debit card to pay the court fee (this is currently £593). You may be eligible for help if you are on a low income or in receipt of benefits, but you will need to make an application to determine eligibility, this can also be accessed online.

    You will then be taken through the online divorce process step by step.

    Once you have submitted your divorce application your ex-partner will need to return their ‘Acknowledgment of Service’ to confirm that they have had sight of the application. They will either agree not to contest the divorce or that confirm that they intend to dispute it, but they will need to have grounds to do so.

    Once you have completed this first stage you will be directed as to next steps such as the date you can apply for your Conditional Order and thereafter, your Final Order.

    If you require any legal advice in regards to such matters, please do not hesitate to contact us on 0161 624 6811 or email za@wrigleyclaydon.com.

  • Breach of a Child Arrangements Order

    A Child Arrangements Order is an order made by the court which states where a child will live and what time is spent with the other parent.

    If this order is not being adhered to, a parent has the right to apply to the court to enforce the order if it has not been possible to correct the situation with the help of a solicitor or mediator beforehand.

    The courts will list the matter for a first hearing where they will consider the facts and the reasons for non-compliance, the child’s safety, and welfare and whether any external evidence or help is needed.

    Next the court will decide whether there has been a breach and whether this was without reasonable excuse. From here they then have several options, they may refer the parents back to mediation, or they can vary the order so that it mirrors the current arrangement if they deem it more suitable.

    The courts could also issue a Contact Enforcement Order, impose a fine or in extreme circumstances they can even impose a prison sentence.

    However, the courts are often not interested in ‘punishing’ the parent who is breach of the order, as their main concern is the safety and wellbeing of the child. Therefore, it is more practical to keep an open dialogue with the other parent and attempt to resolve issues between yourselves with the help of legal advice. This will help avoid the lengthy and expensive process of asking the courts to intervene.

    Here at Wrigley Claydon, we understand the need to obtain an arrangement that is suitable for all parties and that puts your child’s wellbeing first.

    Do not hesitate to contact one of our friendly and high experienced solicitors on 0161 624 6811 or email za@wrigleyclaydon.com.

  • What does the cost-of-living crisis mean for separating couples?

    2022 brought with it a series of unprecedented changes in the way that we live globally as well as personally. Annual inflation was at a record high which had detrimental consequences for many such as an increase in interest rates and in turn mortgages, the cost of food and living generally, and this is expected to continue to rise through 2023.

     

    So what does mean for you if you are considering a divorce or separation?

    Once you have begun the divorce/separation process the next step is a financial settlement. In order to achieve this, full and frank disclosure is required. This means agreeing a value for all assets shared jointly with your partner and separately.  These figures will be updated throughout the process to ensure that they remain accurate while negotiations take place. This means they will accurately reflect what they are worth in the current market. Due to the instability of the market, it is recommended that a settlement is agreed in terms of percentages rather than a set value.

    In the 2008 market crash the family courts made it clear that the financial crash was not sufficient justification to re-open cases and re-draw orders and therefore it is highly recommended you seek professional legal advice to ensure your negotiations and proposals are fair in the current climate.

    An asset which is often disputed in financial cases is the family home. The current climate has had an immense impact on mortgage rates and an effect the housing market. The ability to purchase a home and reasonable housing needs are factors that are considered by the courts. With mortgage rates rising it is becoming increasingly difficult for separating couples to purchase property and therefore this must be taken into account when agreeing a final settlement.

    Additionally, if one party’s income is significantly greater than the other’s, the need for spousal maintenance may arise. The Court will assess the amount of maintenance that they grant based on the needs of both the recipient and the payer. It is, therefore, crucial that income needs schedules are completed accurately to account for the increase in the cost of living. This is to ensure that any agreement reached now is also suitable for the future. If these schedules are not completed accurately, it is likely that the agreement reached now will not meet your future needs and this may lead to further applications, increasing legal costs.

    At Wrigley Claydon we understand the need for a suitable financial settlement that takes into account both present and future needs. If you require any assistance, please do not hesitate to contact one of our highly experienced solicitors on 0161 624 6811 or email info@wrigleyclaydon.com.

  • It’s okay to talk – Andy’s Man Club

    It’s okay to talk – Andy’s Man Club

    Andy’s Man Club aims to eliminate the negative stigma surrounding mental health and create an open and supportive environment where men can talk about their feelings and the struggles that they may be facing. They facilitate weekly peer support groups for men over 18 every Monday (expect Bank Holidays) at 7pm all around the country.

    Their name comes from a young man named Andy Roberts, who sadly took his own life in 2006 aged only 23. His family were unaware of the mental struggles that he was facing at the time so were unable to help him. They, therefore, have set out to help prevent other families from going through what they did. In 2006 Andy’s mother, Elaine Roberts, and his brother-in law, Luke Ambler, came up with the idea of ANDYSMANCLUB to give men over 18 the space to talk freely about mental health in a non-judgmental environment, since then they have expanded tremendously and currently cover almost 100 locations nationwide including Manchester, Oldham, and Rochdale. You can find your nearest support group here by clicking the link Find your nearest group | Andy’s Man Club (andysmanclub.co.uk).

    Wrigley Claydon are extremely supportive of this organisation and: in 2022 Rhona Royle, partner, and Head of our Family team, nominated them as a Charity of the Year for Resolution and we are extremely pleased to say that they won and are Manchester’s Resolution Charity for 2023.

    Our specialist family solicitors, Rhona Royle, and Terri Pickup are both members of Resolution (a community of family justice professionals who work with families and individuals to resolve issues in a constructive way) and treat all parties with respect and without judgement. They understand that when family problems arise it can take a toll on one’s mental health and emotional wellbeing. Therefore, they highly encourage any man who is facing a family issue to reach out for help if needed, this can be from loved ones or a charitable organisation such as ANDYSMANCLUB.

    If you are looking for any advice on any of these matters, please contact Rhona Royle on 0161 624 6811 or email rmr@wrigleyclaydon.com.

    And remember you don’t need to “man up”, you just need to speak up.

               

  • What is Parental alienation and what can I do about it?

    There is no single definition for parental alienation, however, CAFCASS (The Children and Family Court Advisory and Support Service) describe this term as ‘an ongoing pattern of negative attitudes, beliefs, and behaviours of one parent/carer that have the intention or capability to undermine and potentially threaten the child’s relationship with the other parent’.

    This behaviour can be displayed in different ways such as criticizing the other parent in front of the child to display them in a bad light, isolating the child from one parent or lying to sabotage the relationship e.g., “your mother/father doesn’t want to see you”.

     

    What should I do?

    If you feel as if parental alienation is taking place, it is important to discuss this with the other parent first to attempt an amicable solution.

    However, if this is not successful an application can be made to the court. CAFCASS will assist the court by undertaking assessments and providing a recommendation to allow the court to decide what is in the child’s best interests.

    Any parent who finds themselves in this situation should seek legal advice immediately as early intervention is required to ensure that the parent is able to maintain a happy and healthy relationship with their child and that the child does not suffer psychological harm because of these behaviours.

    If you are being unjustifiably prevented from seeing your child/children take advice from a family solicitor so steps can be taken to avoid any irreparable damage to your relationship or your child’s mental health and wellbeing.

    If you feel as if your child is being subject to such behaviours, please contact one of our specialist family solicitors on 0161 624 6811, we would be happy to assist.

     

     

  • The use of language in family cases

    The use of language in family cases

    Family Solutions is a group of professionals from different disciplines who assembled in 2020 with the aim of improving the experience of those who are separating. They say that the use of language is crucial to shift mindsets away from “adversity and battles”, towards safety, wellbeing, and child welfare. They have proposed five principles of change to help achieve their goal (known as the 5 P’s).

     

    1. The use of plain English in proceedings. The language used by professionals can often be unintentionally intimidating and can lead to people feeling distressed and unsure how to ask for help. Use plain English to help prevent this and make the process easier and more accessible for everyone.
    2. The need for personal It is now a collective agreement that the use of ‘Applicant/Respondent’ is inappropriate and instead these should be substituted for the participants names to promote awareness of the magnitude that this process will have on someone’s life.
    3. The language used must also be proportionate to the issue in the case. Cases where the issue does not involve safeguarding concerns but is instead two people attempting to achieve the best outcome for their family, the language used should be to promote future co-operation focusing on the child’s-welfare. This would include substituting e.g., Smith v Smith to Smith and This is with the aim of establishing the mindset that both parties intend to reach the same outcome that is just for both parties and with the aim of moving away from the process being a ‘battlefield’. However, when the issue concerns safeguarding this should not be undermined and the language used should represent the magnitude.
    4. Language used should promote a ‘problem-solving’ Try to move away from the ‘battle’ mindset and instead promote a child- centred pragmatic approach. This includes replacing words such as ‘disputes’ to ‘the problem to be resolved’. These changes are all with the aim of reminding parents and their representatives of the real objective of the family court to namely establish the best outcome for the child.
    5. Finally, the language used through the process should promote a positive future as this is the main goal of the proceedings.

     

    At Wrigley Claydon solicitors we understand that a separation is a stressful time for all those involved. We are here to assist and make the process as easy as possible. If you have any questions don’t hesitate to call us on 0161 624 6811 where we will be happy to help.

  • What happens to pets in a divorce?

    What happens to pets in a divorce?

    With pet ownership increasing significantly over lockdown and divorce rates rising just as rapidly it raises the question of who gets the pet in the event of a divorce? To many their pet is a part of their family, according to PDSA (People’s Dispensary for Sick Animals) 52% of adults in the UK currently own a pet.

    Despite the significant role that they play in many people’s lives, currently English law does not explicitly consider pets in a divorce. Pets are currently categorised as “chattels”, meaning personal property, similar to a car or furniture. The courts often expect that divorcing couples will agree amongst themselves pet custody and the costs associated with this.

    A joint-custody agreement may be reached where for example the separating couple spend alternate weeks with their pet dog, however, if the courts were to involve themselves in a dispute it would be likely that they will consider the following factors.

    • Who paid for the animal?
    • Who pay the bills such as food, vet etc?
    • Who is named on the microchip?
    • Who is registered as the owner of the pet at the vets?

     

    The court may also consider the financial/living position of both parties, this approach is predominantly financial.

    This disregards the emotional attachment and bond formed with pets.

    In comparison, other European countries, such as Spain, consider a pet as a ‘sentimental being’ meaning they are not objects. This also means that in the event of divorce or separation the animal’s wellbeing is taken into consideration in a similar way to how the English courts take children’s wellbeing as the guiding principle. Do you think the English courts should take a similar approach?

    Additionally, in recent years there has been a rise in ‘pet-nups’. This is a pre-arranged agreement between a couple as to what the care arrangements would be for their pet in the event of separation or divorce. These can be created on their own or as part of a regular pre-nup. The court will consider this pre-arranged agreement if it is made by two fully consenting adults.

    Coming to an agreement amongst yourselves is the best approach as you both understand your pets needs and the bond that you share with them, however, this is not always viable. At Wrigley Claydon, we have an experienced team of family law solicitors that are happy to help and assist with such issue.

  • The Cost-of-Living Crisis and Divorce

    The Cost-of-Living Crisis and Divorce

    As the rates of energy, fuel and household bills continue to increase, families across the UK adjust budgets and cut costs to manage the rising cost of living crisis. But what does this uncertainty mean for divorcing couples?

    The Office for National Statistics has reported, due to the on-going increase in everyday living costs, individuals are cutting back on fuel and food spending. It is estimated that 46 million people have had to change their spending habits and 13% of people are thought to be using credit cards to cope with the crisis.

    This then has a knock-on effect on fractured families who feel they must stay together, against their wishes, as they feel unable to fund their living costs as a single parent as well as pay the cost of their divorce and possible financial remedy proceedings.

    Although some may feel that they are trapped in an unwanted relationship, in a time of unprecedented change and inevitable recession, those individuals must seek advice from a Family solicitor who will be able to offer solutions and a way out of a seemingly bleak situation.

    If you are considering divorce or separation, our specialist Family Law solicitors can help. If you have any questions about the issues raised above or would like guidance on any other related family matters, please do not hesitate to contact us on 0161 624 6811 (option 5).