March 2023 / 13 posts found

Dating After Divorce: Advice, Tips, and Why This Is An Exciting Time!

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Dating after divorce is something many people dread. In fact, a lot of couples decide to stay together (not get divorced) because neither wants to start dating again. I mean, isn’t that why you got married in the first place? Because you enjoyed monogamy and didn’t want to go on awkward, uncomfortable dates anymore? So, why would dating after divorce be appealing? Because it is!! If you choose to look at the positives, dating after divorce might be the best thing that’s ever happened to you! Think of it this way: you now have a chance to meet someone who […]

Death, Divorce and Dementia: risks of post-death litigation 

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Written by Cally Brosnan, Associate in the Trusts and Estate Disputes team at Kingsley Napley LLP Martin Lewis’s ITV show last week covered the “3Ds – Death, Divorce and Dementia”, urging people to make sure they have a will in place and make Lasting Power of Attorney (LPA) arrangements.  In my line of work, I see first-hand the rising volume of disputes that arise over wills that haven’t been updated, properly made or which disappointed beneficiaries consider ‘unfair’.  When it comes to estate planning, clients often focus on mitigating and reducing inheritance tax; however, post-death, one of the biggest risks […]

Ministry of Justice launches consultation into potential mandatory mediation for separating couples to support private family law arrangements – Family Law Week

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The Ministry of Justice has launched a Consultation into ‘supporting earlier resolution of private family law arrangements’, this being potentially done through mandatory mediation for separating couples. The consultation is open now and closes on 15 June 2023. The Ministry of Justice Press Release states: “the move aims to protect children from the damaging impact of bitter courtroom battles millions in further financial support to families as voucher scheme extended. Thousands of children could be protected from witnessing their parents thrash out family disputes through the courts, following plans to mandate mediation for separating families announced today (23 March 2023). […]

Decades-old laws affecting business tenants to be reviewed

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The Law Commission of England and Wales has today announced that it will review the key piece of legislation used by businesses who lease shops, offices and other commercial premises. The new review, commissioned by the Department for Levelling Up, Housing and Communities (DLUHC) and forming part of Government’s new Anti-Social Behaviour Action Plan, will examine part of the Landlord and Tenant Act 1954 – a central piece of legislation that gives businesses the right to stay in their premises for longer. Businesses operating in high streets, towns and other commercial centres rely heavily on securing the right premises to […]

Compulsory mediation proposed for ‘low level’ family disputes

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Mediation could become compulsory for separating parents under plans unveiled by the government today to keep more family disputes away from court. The Ministry of Justice proposes to make mediation compulsory for all ‘suitable low-level’ family court cases. Cases involving allegations or a history of domestic abuse would be excluded. The cost of mediation in relation to child arrangement cases will be fully funded. The department will seek views on whether finance remedy cases, such as divorce, should be funded under legal aid thresholds. The ministry also proposes giving judges the power to order parents to make a reasonable attempt […]

Separating parents could be forced to go to mediation under Raab plans | Family law

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Thousands of children in England and Wales could be protected from witnessing their parents pitted against each other in the courts under proposals to legally enforce mediation for separating families. Mediation would become mandatory in all suitable low-level family court cases excluding those which include allegations or a history of domestic violence under the proposals, the Ministry of Justice (MoJ) has said. This will mean separating couples have to attempt to agree their child custody and financial arrangements through a qualified mediator, with court action being a last resort. It is hoped the move would help up to 19,000 separating […]

What Exactly is a Divorce Settlement Agreement?

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A woman going through a divorce sent this email to me: I was so excited that my soon-to-be-ex finally emailed me and said that he agreed to accept my settlement offer. We finally had a divorce settlement agreement! But the next day he emailed me back and said he changed his mind. He DIDN’T agree. Can he do that? I wish I could say that once your spouse said, “Yes. I agree” to a divorce settlement agreement, you actually HAD a firm agreement. The truth is, however, you didn’t. In Illinois, until you (or your lawyers) have written your divorce settlement […]

MPs launch new inquiry into persistent absence and support for disadvantaged pupils – Family Law Week

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The Education Select Committee has launched a new inquiry to investigate causes and possible solutions to the growing issue of children’s absence from school. The Committee states that Government statistics have shown that covid-19 is likely to have had a damaging effect on school attendance. In the 2021 autumn term, the most recent period for which data is available, 23.5% of all pupils were persistently absent (defined as missing 10% or more of sessions) and 1.4% were severely absent (meaning they missed at least 50% of sessions). In the 2018/19 academic year, the figures for persistent and severe absence were […]

Grieving a Divorce: How to Recognize and Heal from Pain

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Grieving a divorce means different things to different people. Everyone’s personal journey with grief is unique.  Recently I was digging through a box of photos looking for memories to share at a friend’s funeral. I found photos of myself and my ex over a 40-year span-birthdays, holidays, camping trips, sabbatical photos, and my kids’ musical performances and graduations. Each photo brought up fond memories, followed by a sting of the grief. It was a different phase of my life -a phase when I felt much happier and fulfilled in my relationship. When we are young, we look forward to all […]

I Am Working On Myself: The Best Thing a Divorced Person Can Say!

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I seriously want to hug the woman who sent me the e-mail below! Like almost every newly separated person, she is fearful of the unknown, sad, in a way, and lonely. But, she ends her e-mail with, “I am working on myself.” Wow. This is the best thing she can say and do right now. Here is her e-mail: Jackie, Newly separated about 10 weeks I left our home of 25 plus years. feel really panicked at times to go home. Was married 30 yrs. I am living with my mother and it a big house I’m ok with it, […]