Wrigley Claydon Solicitors

Category: Family Law

  • Divorce and protecting family wealth

    Divorce and protecting family wealth

    As a family solicitor specialising in the financial aspects of relationship breakdown I work closely with my colleagues in our Wills & Probate team, led by Partner Rachel Damianou.

    Clients often require help from both teams to ensure their interests are taken care of fully.

    A relationship breakdown (be the parties married or not) is a significant change in circumstances.

    It is always wise to deal with both the immediate financial consequences (payment of the mortgage and maintenance for the children for instance) and consider matters on a longer-term basis to avoid unintended and unwanted consequences.

    In relation to the latter, if you own a property jointly it is often on terms such that if one party dies their share will automatically go to the other joint owner.

    If the other owner is not whom you would wish to benefit and you’d prefer your share to go to someone else, your children for example, steps need to be taken.

    These can quickly and cheaply be taken with the writing of a Will and severance of what is called “the joint tenancy”.

    Another scenario might be the elderly parents of an adult child not wishing their assets to fall into the hands of a son/daughter in law that is separating from their child. Alternatively, if their child is to be married and they are disapproving of the union believing the intended son or daughter in law are only getting married for money’s sake.

    This anxiety can be overcome in many cases using a “discretionary trust” in the parent’s Will.

    The family assets are controlled by Trustees (often your executors) who have discretion to pay capital or income to the beneficiaries (perhaps their children and grandchildren) of the trust as they see fit.

    By guiding the Trustees as to their intentions, for example protecting assets from any divorces, the anxiety can be overcome.

    Such arrangements cannot be water tight as Divorce courts have wide powers however if it is seen that the trust is designed to cascade wealth down the generation’s courts are more likely to disregard the trust assets as a resource available for the divorcing offspring or their spouse.

    Early advice on these matters is always wise, so if you are contemplating separation or are worried about the impact of your children’s relationships breaking down please contact Rhona Royle in our Family team or Rachel Damianou in the Wills and Probate team.

    Click here to find out more about Family Lawyers
    Click here to find out more about Divorce Solicitors
    Click here to find out more about Finances on Separation
    Click here to find out more about Trust Inheritance
    Click here to find out more about Making a Will

  • Domestic abuse isn’t always physical

    We have recently seen an increase in clients seeking advice regarding a relationship breakdown due to domestic abuse that is not physical but falls into the category of behaviour referred to as “coercive control”

    Coercive control is defined as “an act or a pattern of acts of assaults, threats, humiliation and intimidation or other abuse that is used to harm punish or frighten the victim.” This form of domestic abuse only became an offence in England and Wales in 2015.

    We are seeing more cases where coercive control is a feature. Often perpetrators believe that as they are causing no physical injury their behaviour is acceptable, it is not.

    The recent case of Sally Challen highlights the issue of coercive control. Sally was convicted of the murder of her husband in 2010 but her conviction was quashed in February. She was due to face a second trial for murder next month, however, she has now had her conviction reduced to manslaughter and due to the time she had already spent in prison she is now free.

    The BBC report that Mr Justice Edis said the killing came after “years of controlling, isolating and humiliating conduct” with the added provocation of her husband’s “serial multiple infidelity”.

    The Guardian report that this has “become a landmark case on coercive control”.

    Sources:

    https://www.theguardian.com/uk-news/2019/jun/07/sally-challen-will-not-face-retrial-for-killing-husband

    https://www.bbc.co.uk/news/uk-england-surrey-48554239

    If you believe you may be the victim of coercive control please contact a member of our team for confidential advice and assistance regarding your options. We can offer support and legal advice at a distressing and difficult time.

    Please telephone to speak to either Rhona Royle or Terri Pickup on 0161 624 6811.

    We aim to deal with all our clients sensitively and with empathy, offering professional advice throughout.

    Click here to find out more about Family Lawyers
    Click here to find out more about Domestic Abuse

  • “AT LAST” – DIVORCE REFORM

    The Government have “At Last” announced their intention to review the current procedure on divorce to consider introducing the “No fault Divorce” which would make the whole divorce process quicker and less confrontational. This will undoubtedly reduce the acrimony connected with the divorce process.

    Under the current procedure anyone wanting to start divorce proceedings must establish one of  5 reasons:-

    • Adultery
    • Unreasonable Behaviour
    • Desertion
    • Separation for more than 2 years (if both parties agree)
    • Separation for 5 years or more

    However, this procedure often relies on the “Blame Game”. The Government is now looking to reform the divorce law. It is proposed that the need to live separately before divorcing, to provide evidence of unreasonable behaviour, Adultery or to contest the divorce will be removed. Inevitably this will lead to less acrimony by removing the need to “Blame” the other.

    This may then lead to a more convivial platform for the parties to negotiate the division of their finances and agree arrangements for the children.

    We at Wrigley Claydon appreciate that separating is a difficult time. If you require any advice or assistance please telephone to speak to either Rhona Royle or Terri Pickup on 0161 624 6811.

    We aim to deal with all our clients sensitively and with empathy, offering professional advice throughout.

    Click here to find out more about Family Lawyers
    Click here to find out more about Divorce Solicitors
    Click here to find out more about Arrangements for Children

  • International Day of Families 2019

    As the 15th May was International Day of the Family, it seemed the ideal time to provide details on how Wrigley Claydon can assist your family in difficult times.

    The breakdown of a relationship can be emotionally distressing for all involved, especially for the children who in the majority of cases are exposed to conflict and confrontation in one way or another.

    Every child has the right to be raised in a safe, loving and nurturing environment.

    That’s why at Wrigley Claydon, we can assist you with making arrangements for your children both in relation to, where the children should live and the time the children should spend with the other parent.

    Our family solicitors are members of Resolution, an organisation who work with individuals to reduce and manage any conflict or confrontation. “We support and encourage families to put the best interests of the children first”

    For your assistance, we have recently added to our website, under the Children section, a short film for separated parents.

    At Wrigley Claydon, we have a highly experienced team of professionals who can provide advice and guidance regarding a relationship breakdown and how best to resolve the situation for you and your family, for an initial no obligation chat contact us on 0161 624 6811.

    Click here to find out more about Family Lawyers
    Click here to find out more about Divorce Solicitors
    Click here to find out more about Arrangements for Children

    The Family Law team at Wrigley Claydon is made up of Rhona Royle, Corinne Bailey-Brown and Terri Pickup and boasts a wealth of experience and individual specialists in a range of areas.

  • “Third time’s a charm…”

    Unfortunately this is not the case for Ulrika Johnson, who is reported to be divorcing her third husband.

    Ulrika has this week announced that she is to separate from her third husband Brian Monet after 11 years of marriage. She is quoted as saying “getting another divorce aged 51 is not where I thought I would be.” It is reported that the split comes after counselling was unable to save their 11 year marriage.

    Divorce can be a highly stressful and distressing time for anybody. Emotions and tensions are usually running high as people contemplate what the future holds for them. That is why it is our job as Family Solicitors, to balance the financial and emotional aspects with what a client is hoping to achieve. It is vital that we assist in managing stress in what can be an already stressful situation.

    At Wrigley Claydon, we have a highly experienced team of professionals who can do just that and will guide you through the process to get the best outcome for you and your children.

    For an initial no obligation chat contact us on 0161 624 6811.

  • Celebrity Break-ups

    2019 is well underway and so it has seen many celebrities separating and filing for divorce including Toni Braxton and Birdman, Jeff Bezos and his wife Mackenzie, Lady Gaga and Christian Carino and Nicholas Cage and Erika Koike who reportedly submitted an application for annulment. Cage has been married three times before.

    In the latest split Singer Monica files for divorce from ex-NBA player Shannon Brown. The couple married in 2010 and have a 5 yr old daughter together.

    Filing for divorce, whether a celebrity or not can be emotionally challenging. There are numerous questions which arise relating to where parties are to live, how to divide family finances and more importantly where the children are to live and what time will the children spend with each parent.

    We at Wrigley Claydon are experienced family lawyers who can help you through this difficult time with expert advice and a friendly ear. We will assist you with sensitivity and understanding.

    If you require advice, please call a member of our family team who are Rhona Royle, Terri Pickup or Corinne Bailey-Brown

  • The Supreme Court is set to hear an appeal by a woman who lost a libel case over posts she made about her ex-husband on Facebook.

    The Supreme Court is set to hear an appeal by a woman who lost a libel case over posts she made about her ex-husband on Facebook.

    Nicola Stocker said her husband Ronald Stocker had tried to strangle her, during an online exchange with his new partner Deborah Bligh in December 2012.

    Mr Stocker won a libel ruling against his ex-wife at London’s High Court in 2016 after Mr Justice Mitting said the comments wrongly painted him as a “dangerous and thoroughly disreputable man”. He also said a comment on Facebook was the same as a comment posted on an office noticeboard and Mrs Stocker had no right to assume it was private.

    The judge found Mr Stocker did “in temper” attempt to silence his ex-wife, but was not satisfied he had threatened to kill her and therefore her comments had a defamatory meaning.

    The judge said the libel was “not trivial”, and assessed the appropriate compensation at £5,000 – though Mr Stocker did not want any money.

    Mrs Stocker challenged the judge’s ruling at the Court of Appeal. However, her case was rejected by three senior judges in February 2018.

    She is now bringing a legal challenge at the Supreme Court, where her case was being heard by a panel of five justices.

    Her lawyers will argue the High Court judge was wrong to find Mrs Stocker’s comments bore the meaning that her ex-husband had tried to kill her.

    Dismissing her appeal in at the Court of Appeal, Lady Justice Sharp said the judge in the High Court “made no error” in reaching his decision. She said: “she was the originator of the libel, she was aware that the particular Facebook platform concerned was a semi-public one and she deliberately posted on that platform without thinking about who else might see what she posted.”

  • Multi billion pound divorces often make the news…

    ….and they don’t come bigger than that of the world’s richest man, Amazon founder Jeff Bezos (aged 54). Mr Bezos’ current net worth of $137 billion (approximately £107 billion) will be shared with his wife (aged 48).

    Their divorce will be dealt with under the state laws of Washington which operates a “community property” model meaning anything built up during the marriage will be owned equally and would need to be divided in a fair manner. However even if Mrs Bezos was to get a third of the wealth it would still make her the richest women in the world!

    It isn’t known whether a prenuptial agreement is in place, when the couple married 25 years ago they were both relatively young and only starting out in their careers and possibly gave little thought to financial matters. They have four children also to be taken into account.

    Rhona Royle, Head of Family Law at Wrigley Claydon Solicitors in Oldham, Todmorden and Manchester explains that Prenuptial Agreements or “Prenups” are not currently binding in England or Wales but where one exists its contents can be taken into account as one circumstance of the case.

    The divorce court retains discretion as to what order to approve as being “fair and reasonable” to both parties.

    They are however becoming increasingly more popular where parties going into a marriage want to try to protect family wealth or to keep one’s own assets. Where there has been prior a marriage and a wish to protect assets for the children of the first marriage they are advisable.

    Another reason to enter into one is to create certainty (so far as it is possible to do so).

    To give the best chance of the terms of such an agreement being found reasonable the parties ought to fully and frankly disclose their financial circumstances to the other, each should have the benefit of independent legal advice and there should have been no pressure placed to enter into it.

    The Bezos may very well have already agreed a financial settlement prior to the public statement of their intended divorce and if so, the terms are not likely to be made public.

    Email: rmr@wrigleyclaydon.com

  • Today is “Divorce day”!

    January is always a busy time for Divorce lawyers and today is the day that more people start Divorce proceedings than any other day in the year.

    HM Courts and Tribunal Service received 455 online Divorce applications between Christmas Eve and New Year’s Day with 13 (unlucky for some) submitted on Christmas day itself.

    The wrong gift, the added financial pressure and the forced jollities of Christmas can strain many relationships.

    Relate (the counselling service for couples) sees a surge in calls in January many from people who were already at crisis point in their relationship prior to Christmas but who “put on a face” through the break hoping to “hold it together” until the New Year.

    Rhona Royle, Head of Family Law at Wrigley Claydon Solicitors in Oldham, Todmorden and Manchester Rhona explains: We see many people getting in touch with us in December looking for advice on the consequences of a relationship separation but who will “come back in the New Year” and high proportions do.

    Tens of thousands will search terms such as Divorce/Separation and splitting up online in January

    January is seen as a new beginning and those who have struggled in an unhappy relationship for months often make resolutions to make a fresh start which can mean striking out alone.

    While a relationship break-up can cause huge emotional strain and needs to be handled sensitively, it can also have serious financial consequences and taking the right advice early whether that be from a Solicitor, a relationship counsellor or independent financial advisor is key.

    Email: rmr@wrigleyclaydon.com

  • End the blame game

    Last month from the 26th to the 30th of November was “Good Divorce Week” (is there really such a thing?!) which fell during the governments divorce law consultation.

    Our divorce law is now over 50 years old. There are over 100,000 couples who start Divorce proceedings each year.

    You may know that unless you have been separated for two years and your spouse consents (or five years if they do not) you have to attribute blame.

    You can’t merely say “we have grown apart” or there are “irreconcilable differences” you have to allege unreasonable behaviour/ adultery or desertion.

    Having to cite fault increases conflict and makes sorting out arrangements for children and finance more difficult.

    I know this first hand having been in family law for over 20 years.

    I am a member of Resolution; an organisation of family justice professionals who work with individuals to reduce/ manage any conflict or confrontation and who are also campaigning for a change in the law.

    At Wrigley Claydon we support and encourage families to put the best interests of any children first.

    We have a highly experienced team of professionals who understand the emotional and financial consequences of a separation and will guide you through the process to get the best outcome for you and your children.

    For an initial no obligation chat contact us on 0161 624 6811