divorce solicitor

10
Mar
2021
How to have a Good Divorce?

How to have a Good Divorce?

Reading Time: 2 minutes

1. Find a Good Divorce Lawyer

In order to achieve a Good Divorce start with a Good Divorce Lawyer who will support you through the process. What does that mean? It’s essentially about finding a divorce and family lawyer who takes a constructive approach to family law matters and whose objective is to help you to achieve an amicable and efficient divorce.

I am a divorce and family law specialist based in Kensington. I aim to support my clients through difficult times with an empathetic and constructive approach

2. Obtain further support

I have recognised that my clients may need additional support from experts who offer services that I cannot provide. To learn more about the experts I work with visit my additional support page here.

I have teamed up with Transitions Coach, Jane Parslow, who provides support to those going through a divorce and helps her clients to find clarity and direction. As a coach, Jane offers the emotional support and guidance that sometimes falls outside of my remit. Jane’s website can be found here.

3. How can a coach help?

When the divorce process becomes overwhelming, Jane’s services encourage you to talk about your emotions and feelings, and she will help you to get into the right mindset before speaking to your solicitor. She also helps you to find clarity and to understand your role in the divorce. For example, what do you need to be getting on with and what can you leave to your solicitor?

4. Five Stages of the Divorce

With this in mind, Jane and I have identified the Five Stages of Divorce and will be presenting a series of videos on how to get through the stages with clarity, purpose and direction.

The purpose of this series is to help you to understand how to achieve a good divorce. The videos will highlight what you may be feeling at each stage and how to overcome these feelings in a positive way with coaching and legal advice. At the end of the series you will get a better understanding of what to do, in the right order, and how to deal with overwhelm, ensuring that you have the best future for yourself and your family following a separation or divorce.

5. Watch – How to have a Good Divorce

Stages 1 – 2 can be found using the links below. Stages 3 – 5 will follow shortly.

Stage One – Acknowledgement

Stage 2 – Coming up with a Plan

If you would like to learn more about the divorce process please do not hesitate to

Email me

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    Posted by admin in Divorce
    12
    Jan
    2021
    How to protect my assets in a relationship?

    How to protect my assets in a relationship?

    Reading Time: 3 minutes

    It’s 2021, a new start for some, new beginnings, and the same old pandemic.

    Covid-19 will NOT weigh us down. January is the time to consider that fitness regime, to set some personal goals, and unsurprisingly for me, it’s when I am frequently asked ‘how do I protect my assets in a relationship?’.

    1. How do I protect my financial assets?

    My advice regarding asset protection is tailored and will depend on your family and financial situation. Whatever your relationship status, do ensure that you know what your financial assets are.

    2. Knowing my financial assets

    Knowing your assets and your financial resources is so important when considering how to protect them. I understand that talking about money and property with your partner can be difficult, embarrassing and uncomfortable, especially when it is a topic that has been avoided in the past. Not making the effort to know what your financial assets are in a relationship can have devastating consequences for you (and any children) following a separation. This applies to married and unmarried couples.

    3. Not talking about my financial assets

    You may be in a relationship where certain conversations, particularly about finances, cause arguments and stress, putting a strain on your relationship. There are certain practical and legal steps you can take to overcome this.

    4. Practical steps to safeguard my financial assets

    1. Talk openly about your finances with your partner.
    2. Normalise frequent conversations about your joint assets, finances, income, investments, insurance and protection.
    3. Be involved in the financial discussions that your partner may be having with other experts.
    4. Consider keeping a record of assets that are being sold, transferred or registered in another name.
    5. Be wary of signing a document unless you have taken legal and financial advice, and understand how this may impact you and your family.

    5. Legal steps to safeguard my financial assets

    1. Take legal advice from a family lawyer.
    2. Speak to a financial advisor.
    3. Record your living and financial arrangements in an agreement to protect and safeguard your assets.
    4. Register your interest in any property with the Land Registry by way of a notice of home rights or unilateral notice. The forms can be accessed here.

    6. The types of financial agreements to enter into when in a relationship

    1. Prenuptial agreements – enter into these to protect your assets before a marriage.
    2. Postnuptial agreements – enter into these during your marriage – read my post on the advantages and disadvantages of nuptial agreements here.
    3. Cohabitation agreements – agree your financial and living arrangements as an unmarried couple before you settle down together.
    4. Separation agreement – unmarried couples may enter into these agreements following a separation.

    7. How do financial agreements help me in a relationship?

    1. Agreements define and protect your assets.
    2. They provide a good financial framework for living together.
    3. Help to avoid awkward conversations about money and property which could put a strain on your relationship.
    4. Can help to alleviate financial issues and pressures during a relationship.
    5. Can be used to show what was intended if there is a dispute on separation.
    6. Avoid litigation and the cost of court proceedings

    For more information watch a video I presented with the Investors Chronicle and Financial Times about safeguarding assets. The link to the video can be found below:

    https://www.investorschronicle.co.uk/education/2020/11/05/upcoming-women-s-investment-club-12-november-2020/?fbclid=IwAR1sOUZQUUYfHXHpK6QH6flGIKIw38l6Y6cv95EW4jM1qZlZ4QAz_D3vAuo

    If you would like to know more about how to protect your assets and entering into financial agreements, please do not hesitate to call Priya Gill Liaudet, Family Lawyer based in Kensington or

    Email me

    Please do share this article if you found it helpful or consider it may be helpful to others

    Posted by admin in Agreements, Divorce, Finances
    10
    Dec
    2020
    No Fault Divorce

    No Fault Divorce

    Reading Time: 3 minutes

    No Fault Divorce has finally been introduced to England and Wales after years of campaigning by Resolution, the community of family justice professionals, and family lawyers, who welcome the change.

    The Divorce, Dissolution and Separation Act was passed by Parliament in 2020. The purpose of the Act is to remove fault from divorce, helping couples to separate and divorce without blaming each other.

    I am particularly happy with the change. Removing fault from the divorce application, the first stage of the divorce process, should reduce the animosity and help divorcing couples have a good divorce.

    Family Lawyer Consultation with client

    This is certainly how I prefer to act for my clients during a divorce. I do acknowledge, and regularly come across situations when it is necessary to take a firmer approach. In any event, I am confident that the Act, once implemented, will reduce conflict allowing couples to agree child-focused arrangements and fair financial settlements by starting the divorce without making accusations against each other.

    In my view, the change will also help if you are unsure about starting divorce proceedings. You may consider speaking to a family lawyer and/or initiating the process sooner. This is because you no longer need to worry about what you have said about your spouse in your divorce application and how they might react. For more information about starting divorce proceedings, read my article here.

    The Current Law

    Currently there is one ground for divorce, the irretrievable breakdown of the marriage. You must rely on one of the five following facts:

    • Adultery
    • Behaviour
    • Desertion – 2 years
    • 2 years’ separation with consent
    • 5 years’ separation

    If you have not been separated for more than 2 years then you are left with two options. If adultery is not applicable then you must rely on behaviour. This is the fact that requires you to blame your spouse. Whilst the types of behaviour can be mild, this can sometimes not be enough to satisfy the court. The recent case of Owens v Owens 2018, where Mrs Owens was not permitted to divorce her husband because her behaviour examples were considered too flimsy, highlighted how out of date the law relating to divorce currently is.

    What does No Fault mean for Divorce?

    The Act will make the following changes to the current law:

    • The five facts above will be replaced with a statement to show the irretrievable breakdown
    • The other party will not be able to contest the divorce
    • It will provide an option for a joint application
    • They will remove old fashioned legal terms with plain English
    • Decree Nisi will be called a Conditional Order and Decree Absolute will be called a Final Order

    When does No Fault Divorce start?

    The government is still working on the implementation. It is hoped that you will be able to start your no fault divorce in Autumn 2021 or the beginning of 2022.

    Can I have a good divorce before No Fault Divorce starts?

    Absolutely! I actively encourage it. Having a good divorce is largely reliant on how you and your spouse approach the divorce. It is also important to engage a divorce lawyer who shares your approach. The current divorce procedure should be used to have a good divorce if you cannot wait until the end of 2021 or the beginning of 2022 to start divorce proceedings.

    If you need help with your divorce or would like to arrange an initial consultation to speak to me at my office in Kensington about your divorce

    do call me on 0203 916 5585 or

    Email me

    Do feel free to share this post!

    Posted by admin in Divorce