repost Archives - Dominic Levent Solicitors Blog

12 Divorce Party Ideas To Help You Heal & Celebrate Your Fresh Start

spainops — Mon, 28 Mar 2022 11:57:01 +0000

Throwing a party after getting a divorce might not be the first thing on your mind. Whether you’re moving on from a dysfunctional and toxic marriage or going through an amicable split, a divorce is one of the most challenging things a person can go through. However, it can also be one of the most liberating and exciting times of your life — a shift in your story worth celebrating. And you certainly aren’t the only one thinking of hosting this type of “alt bash.” According to Pinterest’s latest data, searches for “divorce party ideas” have spiked 55% in 2022.

So, once the divorce proceedings are over (and you’ve had a good cry… or two), throwing a divorce party could be a great way to turn over a fresh page in your new chapter. It’s also an opportunity for you to celebrate with your friends and family who supported you through thick and thin. But before you start sending out Evites, embrace the No. 1 divorce party ground rule: make it about you and not your ex. The most memorable and enjoyable marriage postmortems aren’t about throwing your ex under the bus but throwing an unforgettable soiree that celebrates your journey.

Now, onto the exciting part! Keep reading for all the inspiration you need to toast your new start.

01 Throw a Spa Day

You need serious self-care, and throwing a spa day celebration — whether it’s for a night or weekend — is the perfect self-pampering antidote to your recent stress. You can either go away to a spa with your best friends or invite mobile massage therapy and manicurists to your house and indulge at home. Serve your fave foods, wear your comfy robes, and sit back and relax. You can even treat your guests to gift bags filled with bath bombs and slippers.

02 Have a Sleepover

If you just want to chill with your best friends, throw a good old-fashioned slumber party complete with pizza, popcorn, and inspiring movies with strong, empowered female leads. Or, if you’re feeling strong enough for it, cue up some shows about divorce. Tap into your good-old-days nostalgia by playing fun board games and sharing your favorite celebrity (and maybe real life) crushes, like you did as a teen.

03 Host a Chic Cocktail Party

Time to get fancy! Throw a chic cocktail party and raise a glass to your freedom and new life! Wear a nice little black dress and ask your guests to wear their best duds. Serve up signature cocktails and mocktails — maybe even one named in honor of your divorce, like an Hasta La Vista Baby — alongside delicious nibbles.

04 Get Spiritual

If you’d prefer a more zen approach to your independence and would like to tap into your intuition and manifestation skills, you can opt for a spiritual party with your closest woo-woo friends. Create a vision board together to assemble all the big dreams and goals you’d like to achieve in your life post-divorce. You might also want to invite a tarot card reader to help guide and predict your future. Yoga poses and ecstatic dancing are great ways to release energy and more peacefully embody your best self.

05 Have a Non-Wedding

Are you a little kitschy and quirky when it comes to parties? If so, then throwing yourself a non-wedding might be your jam. This is an occasion for you to ditch your wedding dress in the most fantastic way — whether it’s in a bonfire or tearing it apart with the help of your friends and family. Serve a three-tiered non-wedding cake with a fun image (like making lemonade from lemons or ditching the ball and chain). Your guests can also gift you a non-wedding gift like lingerie.

06 Throw a Dance Party

Sometimes you just need to dance it out! Hire a professional DJ or a musician if you seriously want to go all out. Or you can curate your own playlist with empowering and inspiring ladies like Beyoncé, Kelly Clarkson, and Demi Lovato. Make sure to dress up like you’re going out with your best friends, even if you’re only busting a move in the kitchen.

07 Enjoy a Sweet Ending

If ever there’s a time to indulge the free spirit of your youth, it’s at a divorce party. The gist? A Willy Wonka-esque, candy-fueled bash for the ages. You can lean into retro favorites like gummy bears, Razzles, and Bit-O-Honeys, or you can just let your sweet tooth be your guide. Make sure you provide baggies for your guests so that your new beginning is extra sweet for them, too.

08 Visit an Escape Room

I mean, is this a little on-the-nose? Yes. But that’s what makes it so much fun! Check with your local escape room company to see how many guests you can bring along to help spring you. Then, send out Evites accordingly. If you don’t have an escape room nearby, try DIY’ing your own at home.

09 Perform a Cleansing Ritual

Even in the most amicable of splits, there’s bound to be a bit of negative energy. For this type of party, it’s probably best you only invite your closest friends and family — the people whose energy you feel aligns with the vibe you want in your future. Once you’ve decided who to ask, reach out to a local spiritual guru or indigenous healer to see if they offer cleansing rituals. They can help you properly and respectfully smudge your space with intention.

10 “Reverse” Wedding Traditions

You might need to back up and find your new direction before moving forward. So, how about starting by “reversing” a bunch of wedding traditions? This can be super light-hearted and hilarious. You can set up games where your guests have to face off in activities like untieing knots, jumping over a broom backward, racing to see who can blow out the unity candle first, and more. Oh, and dress code? Everyone wears black.

11 Pick Up the Pieces

This sounds sadder than it actually is. In fact, this divorce party idea makes picking up the pieces something everyone will want to get in on. Why? Because it’s a puzzle party! If you don’t want your guests to feel too much pressure, you can simply set up puzzles on high-top tables for everyone to work on at their leisure while you host a more typical cocktail party. But if your crew is down for it, you can amp up the intensity (and laughter) by having teams compete to see who can put the pieces back together fastest.

12 Get Out of Town

Ain’t no party like a three-day party, right? Gather your best travel buddies and take a mini-vacation. You’ve earned it, friend. You might even consider booking one of those “surprise location” trips that are oh-so-trendy — it’ll definitely establish a spirit of adventure for your next chapter.

Source link

Dominic Levent Solicitors

Email: Enquiries@dominiclevent.com

Phone: 020 8347 6640

Url: https://www.dominiclevent.com

1345 High Rd

London, London N20 9HR

Expert advises who gets to keep the dog after couple get divorced

spainops — Mon, 28 Mar 2022 11:57:01 +0000

Legal experts are seeing an increase in the demand for ‘pet-nups’, prenuptial pet agreements, as divorce cases can cost upwards of £7,000 to decide who gets to keep the dog

It can cost couples over £7,000 to come to a mutual decision (

Image: Getty Images)

When a relationship breaks down, a couple have to decide who keeps the house, the car and the family pet.

For some ex-lovers, their dogs are like their children and it can be difficult coming to a mutual decision.

To save the stress, partners are now considering who would get custody of the pet in a divorce settlement before they are even married.

According to new research from Direct Line Pet Insurance, the last three years has seen a 20 per cent rise in demand for ‘pet-nups’, prenuptial agreements involving pets.

So if you’re thinking of falling in love and sharing a puppy, maybe you should consider making arrangements in advance.

It can be a battle deciding who gets the dog
(

Image:

Getty Images/iStockphoto)

Sign up to our TeamDogs newsletter for your weekly dose of dog news, pictures and stories.

Last year saw an estimated 101,500 divorces, with over a quarter involving the custody of a dog or cat.

In around half of these divorces, the pets were prioritised over property and cars, furniture, electrical items, household goods and jewellery.

On average, family lawyers are spending nearly 24 hours per divorce case discussing what will happen to the pet – which is the equivalent of three days work and upwards of £7,000.

Meaning if you don’t have a pet-nup, it could cost you a whole lot of money.

How does the court decide who keeps the dog?

In most cases, the court will always look into what is in the best interest of the pet, and they will also look at the primary caregiver.

Over two fifths of divorce lawyers listed payment of daily care as the key factor, while over a quarter said the person listed as the owner on relevant paperwork is important.

Other factors can include living situations and who will have a garden, and the court may take into account who has custody of the children.

If an animal was bought for the child, it will most likely have to stay with them.

A pet-nup can save arguments and money
(

Image:

Getty Images/iStockphoto)

What options do pet owners have?

Pet owners have several options to consider when deciding who gets to keep the pet.

Many will set up a financial agreement and others may commit to shared custody.

Some will take the difficult decision of giving up ownership to their ex-partner or family member, and then there are couples who decide to give up their pet.

One fifth of couples reportedly give their pet to a rescue shelter and 14 per cent sell their pet on.

Of extreme concern is the number of people who would consider having their pet put down, at 16 per cent.

How do divorces affect the pet?

While breakups are tough for all involved, the disruption can also impact animals.

Nearly half of pet owners who have experienced a breakup believe their pet’s health was negatively affected by the breakdown of the relationship, some even needing veterinary treatment as a result.

Divorces can impact your dog too
(

Image:

Getty Images)

Madeline Pike, Veterinary Nurse for Direct Line Pet Insurance said: “As a nation of animal lovers, it’s not surprising so many people would fight for custody of their pets if they were to breakup with a partner.

“Any changes to ownership or to the pet’s address should be shared with the pet’s insurer so details are kept up to date.

“When deciding what happens to your pet when your relationship ends, we’d urge owners to consider what they think is best for the animal and cause them the least disruption.”

Do you have a dog story to sell? Email nia.dalton@reachplc.com.

Source link

Dominic Levent Solicitors

Email: Enquiries@dominiclevent.com

Phone: 020 8347 6640

Url: https://www.dominiclevent.com

1345 High Rd

London, London N20 9HR

Theresia Gouw On Personal & Professional Growth Post-Divorce

spainops — Mon, 28 Mar 2022 11:57:01 +0000

Photo-Illustration: by The Cut; Photo: Courtesy of Acrew Capital

My Biggest Setback is a micro-series that asks powerful women to look back at their career’s biggest setback and how they moved on from it to find professional and personal growth.

Theresia Gouw, a founding partner of Acrew Capital, an early-stage venture-capital firm focused on software and security technology, is one of the most successful VC investors in the country. Under Gouw’s leadership, Acrew manages over $1 billion in assets. Personally, Gouw is focused on diversifying the traditionally insular world of VC, creating a workforce that’s 85 percent women and BIPOC and 50 percent immigrant or first-generation employees. She also serves as a board member of DonorsChoose, a nonprofit that provides supplies to public-school classrooms, and One, a nonprofit dedicated to fighting poverty. Here, Gouw talks about taking time off from her job to deal with her personal life without knowing what her career would be like when she returned.

What was your career goal when you were starting out?

When I graduated from college, I didn’t even know what venture capital was. I applied to business school, and my career goal was to become a leader in product management at a big tech company because that was what I knew. It was really at Stanford — this was in the late ’90s, in the heart of Silicon Valley during the first internet wave — that I saw the world of technology start-ups. I realized you could be a product manager and be involved in technical innovation at small venture-backed tech companies, not just at huge global companies. After I graduated, I ended up joining a couple of classmates of mine who had just received $1 million in seed funding for their software start-up. That was where I first got to know more about what venture capital was. It was one of the venture capitalists on my board, in fact, who said, “Hey, instead of doing another start-up, have you ever thought about doing venture capital?” That’s how I ended up going to “the dark side,” as the entrepreneurs call it.

What was your biggest setback along the way?
My biggest professional setback coincided with what I perceive to be my biggest personal failure, my divorce. At the time, I was at a larger VC firm. I’d been there for 15 years. I started out as an associate, and by that point, I was a managing partner. I had asked to take a sabbatical for a few months while going through my divorce because my kids were very young. They said they weren’t going to give me a sabbatical but that I could take what they called a “family leave.” At the time, I happened to be the only female partner there, which is still the case at two-thirds of venture firms. I thought, How come I have to take family leave when others have taken sabbaticals when they needed time with their families? It seemed condescending. Sabbatical was clear: You go away for three to six months, you come back, and everything’s the way it was when you left. Family leave was uncharted. Looking back, I wish I had been more vocal. This was before I felt more comfortable about speaking up about things that are … gender-tinted, shall we say? I took the family leave because my kids needed me, but it was super-scary for me. I didn’t know what I would be coming back to.

How did you deal with the setback?

When I had my kids, I focused on them. I worked on being the best solo parent I could be, which was new for them and for me. It was a really challenging time, but I took the time as an opportunity to do a bunch of things I hadn’t done a lot of as a working mom. I took them to school every day. I packed their lunches and made their breakfasts, which probably sounds unremarkable, but if you knew me, you’d know I’m actually a terrible cook. I was fortunate. My kids were young enough that they loved the only three things I knew how to make. I volunteered to coach or be the team parent or chaperone for field trips. In terms of taking care of myself, when my kids were with their dad, that’s when I focused on me. I started doing things I used to do when I was younger. I started ice-skating again, which I used to do competitively when I was a kid. I’d take trips with friends and family.

Did you ever consider giving up?

Definitely. It was the first time in my adult life that I wasn’t working full time, and it was also the first time I thought about leaving that venture firm. I’d been there for 15 years. I was very lucky. The fund grew a lot. Financially, I didn’t really need to work. At the same time, I knew I loved working. I loved being around tech founders and start-ups and hearing their ideas about new companies they wanted to start and build. On leave, I had some time away from the day-to-day of being a managing partner. It made me think differently about what I could do and still be doing the things I love, like venture capital and investing in tech start-ups, while still being a whole person and a present mom. So that was really the impetus for me leaving that firm and starting my own.

What advice would you give others who feel as if they’re going through something in their career they might not overcome?

When you’re feeling today like you’re not where you thought you would be, that doesn’t mean you’re not going to get to where you want to be. Don’t be overwhelmed by where you are today. Think about what you want to do next, and there’s always a path and a way to make that change. If part of that is taking a bet on yourself — taking your own money and starting your own business, your own fund, or leaving a place where you feel stuck — it seems risky, but what I’ve learned is that taking a calculated risk on yourself is probably the least risky thing you can do. Ultimately, we’re betting on people. What person do you know better?

Source link

Dominic Levent Solicitors

Email: Enquiries@dominiclevent.com

Phone: 020 8347 6640

Url: https://www.dominiclevent.com

1345 High Rd

London, London N20 9HR

Can My Spouse Sell Assets During Our Divorce?

spainops — Mon, 28 Mar 2022 11:57:01 +0000

Many divorcing spouses worry about the possibility of their spouse selling assets during a divorce and leaving little or nothing to be divided. It can be particularly problematic if a spouse was financially controlling or secretive, or handled all the finances during the marriage with the other having a limited idea of the full financial picture. One could sell assets that the other doesn’t even know exists. Or, a spouse might transfer money or property to a family member to try to prevent it from being accessed by the other spouse, anticipating that the family member will transfer it back after the divorce is final.

But will the Court really allow a spouse to cause financial harm to the other by allowing assets to be sold or transferred in this way? Probably not, due to Supplemental Probate and Family Court Rule 411. This is sometimes referred to as the “Automatic Restraining Order” or “Rule 411.”

This article will discuss how Rule 411 works, and what Rule 411 does (and does not do) to protect marital assets for equitable division during the divorce process.

Rule 411 Goes Into Effect When a Complaint Is Filed or Served

Once the spouse who files for divorce (the Plaintiff) has filed, they are prohibited from selling assets (among other restrictions). Rule 411 goes into effect for the Defendant spouse once they are served with the complaint for divorce. A copy of Rule 411 is issued by the Court with the summons and is required to be served with the complaint for divorce so that the Defendant is aware that they are prohibited from selling assets once a constable serves them with the complaint for divorce and summons issued by the Court, or once they sign the summons in front of a notary.

Rule 411 Prohibits More Than Simply Selling Assets

Both parties are also prohibited from transferring, encumbering, concealing, assigning, removing, or “in any way dispos[ing] of” assets. For practical purposes, this means that divorcing spouses can’t take other steps to divest themselves of assets, such as: gifting assets to a family member, obtaining loans for which property is provided as security such as a mortgage or auto loan, or assigning an interest in property to a third party.

Rule 411 Applies to Real and Personal Property

Real property includes each and every piece of real estate in which you have any interest: your house, your vacation home, your rental real estate, and your timeshare. Personal property can be tangible (such as a car) and intangible (such as a bank account).

In broad strokes, “personal property” means all types of property you might own that are not real property: your bank, retirement and investment accounts, your stock options, your deferred compensation, promissory notes you hold, your business interests, your life insurance policies, your annuity, your car, your boat, your snowblower, your RV, your jewelry, your artwork, your tools, your antiques, your furniture, your livestock, your stamp collection, your pets, and any other assets you own.

For practical purposes, Rule 411 applies to everything you own.

There Are Exceptions To Rule 411

As Rule 411 means that you can’t sell, transfer or dispose of any assets you own, you may wonder how you and your family are going to pay your expenses during divorce proceedings. It is important to note that there are exceptions, including an exception permitting the use of assets to pay for reasonable living expenses.

You Can Sell/Transfer/Encumber Assets As Required for Reasonable Expenses of Living. This means that, if you have to borrow from your 401(k) in order to make your mortgage payments, you can do so. You can also sell assets and use the proceeds to pay other reasonable living expenses.However, “reasonable” is a subjective term. So, if you sell assets to pay living expenses, and your spouse decides to argue your expenditures were “unreasonable,” the judge would have to decide what “reasonable” and “unreasonable” mean in the context of the typical living expenses during your marriage.
If you’re selling or borrowing assets in order to maintain the status quo as far as the amounts and types of expenses that were paid before you or your spouse filed for divorce, you’re probably not violating Rule 411.
You Can Sell/Transfer/Encumber Assets in the Ordinary and Usual Course of Business. Rule 411 permits selling, transferring and encumbering assets in the ordinary and usual course of business. So, if your business involves buying houses, rehabbing them, and selling them at a profit, it is probably fine for you to continue with those business activities after you file for divorce. You should consider consulting an experienced divorce attorney to ensure that your business activities are likely to meet this exception.
You Can Sell/Transfer/Encumber Assets in the Ordinary and Usual Course of Investing. If you have a stock account and actively buy, sell and trade shares to earn money, it is probably fine to continue doing so after you file for divorce.
You Can Sell/Transfer/Encumber Assets for Payment of Reasonable Attorney’s Fees and Costs in Connection With the Divorce Action. Rule 411 recognizes that you will need to be able to pay your attorneys to continue to have legal representation in your divorce, and that you may not be able to pay for them from your income alone. You are allowed to sell, transfer or encumber assets to pay your divorce-related legal fees.
You Can Sell/Transfer/Encumber Assets if Your Spouse Agrees in Writing. If your spouse agrees to the sale or transfer of an asset in writing, Rule 411 permits you to proceed with the sale or transfer. The writing should probably be signed by you as well as your spouse, and ideally incorporated into a Court order. You should consider consulting an experienced divorce attorney to ensure that any sale or transfer of property with the agreement of your spouse is papered appropriately to ensure this exception will be met.
You Can Sell/Transfer/Encumber Assets by Court Order. The Probate and Family Court always has the authority to permit a sale or transfer of an asset that would otherwise violate Rule 411. For example, if your car is totaled and you need to buy a new one, but your spouse won’t agree, you can always ask the Court to enter an order permitting you to do this. You should consult your divorce counsel to determine the best way of doing so.

Rule 411 Prohibits More than Selling, Transferring and Encumbering Assets

Until you are divorced by the Court, even if you’re separated, your spouse is still your spouse, and Rule 411 prohibits other actions that could harm a spouse while the divorce is pending.

You Cannot Incur Debts That Burden Your Spouse’s Credit. After you or your spouse file for divorce, you are prohibited from incurring debts that burden the other spouse’s credit. This would include further borrowing against a credit line secured by your marital home, or unreasonably using credit cards or cash advances against credit or bank cards.
You Cannot Change Beneficiaries on Life Insurance Policies and Retirement Accounts. Unless your spouse agrees in writing or the Court orders otherwise, you must maintain the status quo. This includes removing your spouse as a beneficiary and putting your children as beneficiaries instead. Similarly, you cannot change the beneficiaries on your retirement and pension plans and accounts.
You Cannot Remove Your Spouse or Minor Children From Coverage Under Insurance Policies. After you or your spouse files for divorce, you cannot remove your spouse or children under eighteen from insurance coverage. This includes medical, dental, life, automobile, and disability insurance. You are also required to maintain all existing insurance coverage in full force and effect, which means that you should continue to pay all policy premiums.

Rule 411 Is No Longer Effective Once You’re Divorced

Once a judgment of divorce is issued by the Court, Rule 411 is no longer in effect, and you can sell, transfer, conceal, assign, remove or dispose of your assets however you’d like.

But What If We’re Separated and Planning To File a Joint Petition for Divorce?

Sometimes spouses decide to file a joint petition for divorce, working together to resolve all divorce-related issues, sign a written separation agreement, and file it jointly, requesting that it be incorporated into a Judgment of Divorce. Since neither spouse files a complaint, Rule 411 never applies, and neither of you is prohibited from selling or transferring assets.

If you have retained counsel or a mediator and are planning to divorce, but suspect that your spouse may be selling assets, you should consider filing a complaint for divorce right away to have the protection of Rule 411.

If You’re Anticipating Divorce, You Should Probably Refrain From Selling Assets, Even if Neither of You Has Filed for Divorce

Even though Rule 411 doesn’t technically apply if you’re mediating a divorce or otherwise trying to settle the divorce without Court intervention, you should probably act as though it does in case mediation is unsuccessful and either spouse decides to get the Court involved. Judges typically do not look favorably on selling or gifting assets or removing your spouse from your employer-provided life insurance when you are clearly contemplating divorce.

If you have any concerns your spouse might sell or conceal assets, or otherwise prevent assets from being included in your marital assets to be divided at the time of divorce, you should consult an experienced divorce attorney. Although Rule 411 is there to protect divorcing spouses, experienced counsel can ensure that you are able to fully benefit from that protection.

Source link

Dominic Levent Solicitors

Email: Enquiries@dominiclevent.com

Phone: 020 8347 6640

Url: https://www.dominiclevent.com

1345 High Rd

London, London N20 9HR

Divorcing an Abusive Spouse Is Not a Sin

spainops — Mon, 28 Mar 2022 11:57:01 +0000

Over the past couple of weeks, I’ve received lots of questions about divorce in the case of abuse. At least some of those questions most likely come from reports of a church disciplining a woman for leaving her allegedly abusive husband. In case you or someone you love is in that situation, let me start with my conclusion: You are not sinful for divorcing an abusive spouse or for remarrying after you do.

The reason this is even a question for people is because they know that the Bible says God hates divorce. In Scripture, marriage is a covenant—meant to embody a sign of the union between Christ and his church. Jesus spoke very strongly against divorce, even framing the law of Moses’ allowance of divorce as a temporary concession to hardheartedness, not as God’s plan for marriage (Matt. 5:31–32; Mark 10:2–12; Luke 16:18).

When a minister in a more traditional wedding service pronounces the couple married and says, “What God hath joined together, let no man put asunder,” this minister is citing the words of Jesus himself.

Even those in the church who rail at the outside world on issues that are unclear in Scripture often tend to mute themselves on divorce, where the Bible speaks emphatically. Usually this is just one more case of tribal culture-war identity politics: There are more divorced and remarried people inside our churches than there are people with other issues.

That’s all true. Even so, I believe the Bible treats the question of divorce in cases of abuse not as a matter of sin for the innocent spouse.

Some people, in the Roman Catholic communion for instance, hold that there is never any moral reason for divorce. Yet even then, the dispute is over whether any institution has the authority to pronounce the marriage dissolved. In that case, the dispute is not over whether a spouse should stay in an abusive situation.

I don’t know a single faithful Catholic priest or bishop who would say that a person should stay in an abusive environment. They would counsel in such situations a removal of the person (and his or her children) and, if the threat of abuse persisted, would keep them away from such a home, even if that meant for life.

As most of you know, I don’t hold to the view that divorce is, in every case, a sin. Along with most evangelical Protestants, I believe that there are some narrow instances in which the sin of a spouse dissolves the marriage covenant and that divorce is warranted in those cases. Almost everyone in this view would see unrepentant adultery as one of those exceptions. And most of us would see abandonment by a spouse as another.

The apostle Paul counseled new Christians in the first century that they were not obligated to leave their unbelieving spouses (1 Cor. 7:10–16). Those marriages were not unholy because of the spouse who worshiped some other god; they were made holy by the one who worshiped the living God.

While God has called us to pursue peace and reconciliation with all people, Paul wrote that in the case of a spouse who walked away, abandoning the marriage, the remaining spouse should “let it be so” and not consider himself or herself “bound,” strongly implying the freedom to remarry.

An abusive spouse, in fact, has abandoned the marriage. Abuse is much worse than abandonment, involving the use of something holy (marriage) for satanic ends. Abuse of a spouse or a child is exactly what God condemns everywhere in the Bible—the leveraging of power to hurt the vulnerable (Ps. 9:18; Isa. 3:14–15; Ezek. 18:12; Amos 2:7; Mark 9:42; etc.). While abuse is worse than abandonment, it is no less than abandonment.

If one spouse abandons the home, the Bible reveals, it is not the fault of the innocent party. And if a spouse makes the home a dangerous place for the other spouse (or their children), that is not the fault of the innocent party either. In those cases, divorce is not a sin but is, first of all, a recognition of what is already the case—that the one-flesh union covenant is dissolved—and the abused spouse should feel no condemnation at all in divorcing.

Suggesting that marital fidelity entails subjecting oneself or one’s children to abuse is akin to implying, based on the Romans 13 command to submit to the governing authorities, that Jesus was immoral for urging those in danger in Judea to “flee to the mountains” in the time of great tribulation (Matt. 24:15–19). God forbid.

According to a 2015 survey, the overwhelming majority of Protestant pastors would say that divorce in cases of domestic violence is morally legitimate. Yet I would go even further to contend that, in many cases, divorce not only is allowable, as it would be for adultery or other forms of abandonment, but is necessary to protect the abused person from further harm.

Both the church and the state have a role in making sure that the abuser does not bully the abused person, which often happens through the deprivation of income or housing. A divorce usually involves society’s acknowledging that the marriage is over, helping to divide resources, and providing some ongoing protection (often through restraining orders or police files) for those who have been abused.

If you’re a minister, you can almost guarantee that someone in your pews or in your immediate community is experiencing domestic violence. Sometimes the victim will have internalized the abusive rhetoric of the abuser and blame herself for bringing on the abuse to her or her children.

Sometimes the one being abused will believe that there is no other option but to stay, feeling trapped in the marriage. In the case of domestic violence, the church has a responsibility not only to alert the relevant civil authorities but also to bear the abuse sufferer’s burdens by arranging a safe place of refuge and meeting other needs.

The very least that one can expect from one’s church is not to be condemned as a sinner for escaping danger.

Recognize that abusers often weaponize spiritual language to cover the abuse. They might suggest that the abused spouses are “unforgiving” if they leave or that they would be sinning against Jesus if they were to pursue divorce—quoting out-of-context Bible verses all the while. As the steward of the oracles of God, the church has a mandate to call such misuse of the Scriptures what it is: a taking of the Lord’s name in vain, in one of the worst ways imaginable.

Divorce for domestic violence is not a sin. It’s about sin all right—but it’s the sin of the abuser, not the sin of the abused who decides to divorce. The abused in our churches and in our communities need to see us applying the Bible the right way, and they need to see us embodying the Jesus Christ who protects the vulnerable.

What God hath joined together, let no man put asunder. Yes and amen. But sometimes Jesus also would have us recognize that man should not force together what God has put asunder.

Sometimes the path to divorce court is not a way to destruction but a road to Jericho. We should look to see who is beaten on the roadside and be for them who Jesus told us to be.

Russell Moore leads the Public Theology Project at Christianity Today.

Source link

Dominic Levent Solicitors

Email: Enquiries@dominiclevent.com

Phone: 020 8347 6640

Url: https://www.dominiclevent.com

1345 High Rd

London, London N20 9HR

Easing Your Spouse Toward a Cooperative Divorce – Divorceinfo.com

spainops — Mon, 28 Mar 2022 11:57:01 +0000

I could hear the fatigue in Lynn‘s voice as she and I talked over strategy for her divorce. This was her second marriage, so she had divorced once before and knew how messy it could become. She and her husband agreed they needed to divorce, but they disagreed on how.

This was his first marriage, and divorce terrified him. With the enthusiastic support of his parents and siblings, he had lined up an aggressive gladiator divorce lawyer and paid him a retainer larger than anything they could possibly fight over. “Don’t talk to me about our divorce,” he instructed her. “You can call my attorney.” She did, but the attorney hasn’t returned her calls.

“What can I do?,” she asked. “I feel so powerless.” Lynn and I discussed three strategies, which I will summarize here.

1. Be patient. People going through divorce who lay down a big retainer on a divorce lawyer are always confident they’ve made the right decision in the 2-3 months immediately following their decision. They typically view that lawyer they hired as their savior, protector, and friend. If you’re unsure why, drop the term “cognitive dissonance” into your search engine and read up. After a person has made such a large financial commitment based on an adversarial divorce, it’s quite normal to actively ignore or reject any data that would indicate it was a mistake to write that big check.

During this initial period, respond in a minimal way to provocations from your spouse and your spouse’s lawyer. The idea is to allow your spouse to grieve over the ending of the marriage and begin putting his or her gladiator’s role in perspective.

2. Get an honest appraisal of your negotiating position. Make sure the positions you are taking are reasonable and no more generous to you than what a judge would do in an adversarial divorce. It might be helpful at this stage to visit with a lawyer for the express purpose of evaluating your negotiating positions.

The idea is that you want to make it easy for your spouse to say yes to a cooperative divorce. And that means helping your spouse see a resolution that seems palatable.

2. Make it easy to communicate. Within reason, take advantage of each graceful opportunity to talk, text, or email directly with your spouse, making sure you stay calm, rational, and coherent. You want your spouse to rediscover that communicating directly with you is not unpleasant, intimidating, or overly stressful.

Over time, as the intensity of the separation subsides, you hope that you and your spouse will develop a businesslike, non-threatening style of communication that builds confidence for both of you. Eventually, you and your spouse will get around to talking about the terms of the divorce, and you can help your spouse see his or her way to a cooperative resolution.

Source link

Dominic Levent Solicitors

Email: Enquiries@dominiclevent.com

Phone: 020 8347 6640

Url: https://www.dominiclevent.com

1345 High Rd

London, London N20 9HR

3 Sure-Fire Tips for New Co-Parents – Divorceinfo.com

spainops — Mon, 28 Mar 2022 11:57:01 +0000

This article is provided by Tim Backes and Custody X Change.

Your divorce is inevitable. You’ve tried everything to avoid it, but it’s going to happen. No matter how you look at it, even if you know it’s the best course of action, it still hurts.

While it’s perfectly natural to feel that pain, if you’re a parent you’ll want to remember there are more than just yours and your ex-spouse’s feelings to consider. While you are no longer going to fulfill the role of a wife or husband in the short term, you are still a parent, and one half of a co-parenting duo.

A big reason why many couples put off divorce until they can no longer hold a faltering marriage together is to try and maintain some semblance of consistency for their children. Agreeing to work together as co-parents does the same thing for your children post-divorce. So what are those 3 tips?

1. Maintain a Unified Front

It’s all too easy for a recently divorced couple to badmouth their ex to their children no matter how conciliatory the split was. Sometimes you don’t even notice you’re doing it, but your children do.

It’s important to try and limit saying anything judgmental or negative about your children’s other parent. It’s OK and perfectly natural to think it, but you don’t want it to show.

Instead, by showing your children that although you and their other parent are no longer living together you are still in agreement with how you will raise them. This is the key way to maintain that sense of consistency and safety that kept you from divorcing sooner in the first place.

2. There is No Friend in “Co-Parent”

It’s very easy to forget you’re a parent and instead act as more of a friend when you and your children’s other parent aren’t living together. It’s a passive aggressive way to try and outdo or one up your ex-spouse.

By acting in such a manner, you break the concept of a unified front. It undermines the idea that although you and your ex are now divorced, you still plan to parent the same way. It also spurs a potential popularity contest between you and your ex that is absolutely not in the best interest of your children.

Children need parents. They will have friends from school and extracurricular activities. That doesn’t mean you have to be stern and cold, but you do need to maintain the boundaries that make you an authority figure and role model in their lives.

3. Follow the Rules

Part of your divorce should have been creating and agreeing to a parenting plan for your children. In that parenting plan you have to cover all the basics such as including a custody calendar. However, you can include additional provisions as well.

Whatever you and your ex put down in writing and agree to at the time of your divorce, do everything you can to follow it to a T. As mentioned before, you are still a parent and as a parent you are a role model.

By showing your children how to respect your ex and the agreements you have made, it shows them how to act responsibly. It also shows your ex that you’re not trying to undermine his or her role as a co-parent.

In Summary

Becoming a successful co-parent is actually not all that different from parenting as a married couple. You should show your children you respect your ex-spouse. You should show your children that while you can listen to them and have fun together, you are an authority figure as well. And, you should show them how to respect agreements you have made.

Source link

Dominic Levent Solicitors

Email: Enquiries@dominiclevent.com

Phone: 020 8347 6640

Url: https://www.dominiclevent.com

1345 High Rd

London, London N20 9HR

‘Absolute scandal’: HMCTS urged to cut £593 divorce fee | News

spainops — Mon, 28 Mar 2022 11:57:01 +0000

Calls are growing for HM Courts & Tribunals Service to slash the £593 divorce fee given the process will be online and quicker under reforms coming into force next month.

A new digital service accommodating ‘no-fault’ provisions under the Divorce, Dissolution and Separation Act will be introduced on 6 April. The process is expected to be quicker – however, the £593 fee to file an application for a divorce will remain unchanged.

Discussing the changes at a webinar hosted by co-parenting service Our Family Wizard, David Hodson, a member of the Law Society’s family law committee, said it was a ‘scandal’ that the fee has not been reduced. ‘That’s fine if a judge is going to spend time on it and there’s paper. For an online process, [it’s an] absolute scandal and should be reduced,’ he said.

The Gazette asked other family lawyers, who concur.

Emma Nash, a family partner at Fletcher Day, said: ‘£593 is a lot to pay to get divorced. For some people, it is prohibitively high. It is now even more difficult to see how this fee can be justified as the divorce process has moved online cutting down the work that needs to be done by court staff and judges to review and process the petitions.

‘When the [act] comes into force from 6 April the process will become even simpler as there will be no need to consider evidence of fault or separation and there will be no option for divorces to be defended. These changes should be reflected in a more appropriate, lower fee.’

David Lister, head of family law at Simpson Millar, said many court users consider the fee increase an unwelcome change in light of delays in the court system. ‘There is a shortage of judges, waiting times are growing and those families affected by rising costs of living will now be put under even more pressure when separating, just as no-fault divorce comes into place and the system is supposed to be making separation less stressful,’ he said.

Tony Roe, solicitor and family law arbitrator at Dexter Montague, raised a Freedom of Information request with HM Courts & Tribunals Service about the ‘true, underlying cost’ of the divorce process. ‘[HMCTS] failed to answer it, but it is thought that it is less than half the issue fee. The new process is simplified, and this should result in a cut in the court fee,’ he said.

The Ministry of Justice increased the application fee from £410 to £550 in 2016. It rose to £593 in 2021.

Peter Burgess, a partner at family boutique Burgess Mee Family Law, said the fee increases ‘have always felt like an arbitrary attempt to extract more from people going through a difficult period, and it is hard to see them coming back down again despite the welcome reform to the system to make it more streamlined and less acrimonious’.

Vanessa Friend, a partner at Hodge Jones & Allen, said the court system was chronically underfunded ‘and it is very unlikely that HMCTS could fill the gap in their budget left by a reduction in fees’. While the court fee will remain the same, ‘my hope is that clients will save money on legal fees as they will no longer be negotiating over the content of the petition’, she said.

However, Natalie Lester, a senior solicitor in the family team at Debenhams Ottoway, said she was not opposed to the recent court fee increase.

‘The divorce process has been online since 2019. During my practise in family law since 2010, I have seen a number of increases in the divorce court fee. Whilst there have been very significant delays with HM Revenue & Customs in relation to contested proceedings, the online divorce process for straightforward matters has become speedier, easier and more accessible to the public. Parties on a low income or those who receive certain benefits may be eligible to apply for a fee exemption which means they are exempt from all or part of the fee,’ she said.

The current divorce service will be switched off on 31 March.

Source link

Dominic Levent Solicitors

Email: Enquiries@dominiclevent.com

Phone: 020 8347 6640

Url: https://www.dominiclevent.com

1345 High Rd

London, London N20 9HR

Do I Need A Divorce Lawyer If We Agree On Everything? • LegalScoops

spainops — Mon, 28 Mar 2022 11:57:01 +0000

If you plan for an uncontested divorce, you may have several questions about what is involved and what you need to do. One frequent question is: Do I need a divorce lawyer if we agree on everything?

In this article, we will explore what an uncontested divorce is, what you need to do to prepare for one, and whether or not you need a lawyer.

First, let’s define what an uncontested divorce is.

Uncontested Divorce – What Is It?

It is a type of divorce in which the two spouses reach a consensus on all of the terms and conditions before taking the issue to court.

This includes property division, child custody, and alimony (spousal support).

For a divorce to be considered uncontested, both spouses must completely agree on all the respects of the divorce.

If there is even one issue that the spouses disagree on, then the divorce is considered contested and will likely require the help of a lawyer.

What You Need To Do To Prepare For An Uncontested Divorce

To have an uncontested divorce, both spouses will need to do the following:

-Agree on all aspects of their separation

-Submit a signed settlement agreement to the court

-Complete and file all necessary divorce paperwork with the court

-Appear in court for a final hearing (in some states)

As you can see, an uncontested divorce is relatively straightforward. However, it is essential to note that even if you are contemplating uncontested divorce, it is always good to consult with a lawyer before proceeding.

This is because there are many important legal issues involved in a divorce, and it is best to make sure that you are fully informed of your rights and obligations.

Do I Need A Lawyer If My Spouse And I Agree On Everything?

Yes, you still need a divorce lawyer even if you agree on everything. This is because a lawyer can help protect your rights and interests and provide guidance on how to best proceed with the divorce.

A lawyer can also help to ensure that all of the necessary paperwork is correctly filed with the court and can represent you in court if necessary.

If considering an uncontested type of divorce, it is always advisable to speak with a lawyer to get more information about your specific situation.

Probably You Haven’t Agreed On “Everything”

In most cases where spouses think they have an uncontested divorce, at least one of them has left something out of the agreement. This can happen because it’s difficult to predict every possible thing that could happen during and after a divorce.

For example, if you and your spouse agree to share custody of your children but do not address what will happen if one of you wants to move out of state, you have not agreed on everything.

If this happens, it will likely require the help of a lawyer to resolve the issue.

Similarly, if you agree on how to divide your property but do not address what will happen if one of you dies before the divorce is final, you have not agreed on everything.

In these cases, a lawyer can help negotiate an agreement that will address these potential issues.

Even if you and your spouse agree on all you need to, it is wise to have a lawyer review your agreement to make sure that it is legally binding and will stand up in court.

Issues That You Should Agree On In An Uncontested Divorce

If you plan on having an uncontested divorce, there are specific issues that the two of you must agree on. These include:

Child Custody And Visitation

If you have children, you and your marriage partner must agree on who will have custody of the children and how visitation will be scheduled.

It is important to note that even if you and your spouse agree on custody and visitation, you will still need to have a court order issued by a judge to make it legally binding.

Property Division

You and your spouse will also need to concur on how to divide your property. This includes things like your house, car, bank accounts, and any other assets you may have.

It is important to note that the court will require you to divide your property equally between you and your spouse in some states. In other states, the court may allow you to keep all of your property acquired before the marriage or if it was inherited.

Alimony And Child Support

If you and your spouse have children, you will also need to agree on who will pay child support and how much alimony (if any) will be paid.

Again, even if you and your spouse do agree on these things, they will still need to be put into a legally binding agreement to be enforced.

Division Of Debts

You and your spouse will also need to agree on dividing any debts that you may have. This includes credit card bills, student loans, and car loans.

It is important to note that in most cases, the person who owes the debt is responsible for paying it back, even if it was acquired during the marriage.

Retirement Accounts

If you and your spouse have retirement accounts, you will need to agree on how they will be divided. This can be tricky, as there may be penalties for withdrawing money from a retirement account before age 59 ½.

You and your spouse should speak with a lawyer if you have any questions about dividing your retirement accounts.

The Marital Settlement Agreement

Once you and your spouse have agreed on all of the above issues, you must put it all into a legally binding agreement known as a marital settlement agreement.

This agreement will outline all of the terms of your divorce, including child custody, visitation, property division, alimony, child support, and the division of debts.

Even if you and your partner agree in all respects, it’s good to have a lawyer review your agreement to make sure that it is legally binding and will stand up in court.

If you are considering an uncontested divorce, it is essential to speak with a lawyer who can help ensure that you have agreed on every aspect. If you do not address all potential issues, you may end up in a contested divorce and pay more money in the long run.

The Bottom Line – Do I Need A Divorce Lawyer If We Agree On Everything?

While it is possible to have an uncontested divorce, it is essential to remember that you and your spouse must agree on everything. If you do not address every potential issue, you may find yourself in court fighting over things you thought were already resolved.

It is always a good idea to speak with a lawyer before finalizing your divorce, even if you agree on everything. A lawyer can help make sure that your agreement is legally binding and will stand up in court.

Source link

Dominic Levent Solicitors

Email: Enquiries@dominiclevent.com

Phone: 020 8347 6640

Url: https://www.dominiclevent.com

1345 High Rd

London, London N20 9HR

I’m very happy with my partner, but why won’t he divorce his wife? | Relationships

spainops — Mon, 28 Mar 2022 11:57:01 +0000

I’m in a relationship with a man who is separated from his wife but not divorced. He left her five years ago and says their marriage had been over long before that, but he decided to stay until his children left home. We are both in our 50s and his children are now young adults. I was divorced in my 40s and have no children.

We live separately. We’ve had a very happy relationship for several years, but there has always been the elephant in the room of his marriage and the block it presents to our planning a future together.

He has made some moves towards a divorce – contacting a solicitor and gathering information about his finances – but as far as I know, has done nothing beyond that.

It’s difficult for me to understand: my own divorce was done, start to finish, in six months. Of course his circumstances are more complicated, but he seems unable to face the emotional and financial consequences – particularly as his wife has never worked much, which was a source of conflict. I know this will be hard but procrastination will make it worse as they both get closer to retirement age, with fewer opportunities for him to rebuild his finances.

I hate the prospect of losing what has been the best relationship of my life but I can’t play second fiddle to his wife, legally if in no other way, indefinitely. Do I have to walk away?

Sign up to our Inside Saturday newsletter for an exclusive behind the scenes look at the making of the magazine’s biggest features, as well as a curated list of our weekly highlights.

You don’t have to walk away from “the best relationship in your life” without a great deal of thought. But it’s important to be honest with yourself: what is it you want and what are you afraid of? Sometimes in relationships the obvious problems – the “headlines” – are red herrings, and even if they are removed, the niggling feeling that things aren’t right remains.

So is him not getting divorced (which, don’t get me wrong, is a biggie!) a symptom of something else about him – his inability to put you first, perhaps – that you don’t like, or does it stand alone? I wonder what he, too, is afraid of?

I hear from divorce lawyers that it’s often men who separate but don’t get divorced, and it may be for myriad reasons – among them a sense of shame, which may come from childhood experiences. Maybe your partner promised never to “leave” his wife and, as long as he doesn’t sign those papers, in a way he won’t. He may fear abandoning her financially. It does sound, from what you say, that this is a sticking point. Or he could just be lazy; divorce can be a lot of paperwork. The situation may suit his ex, too.

I spoke to solicitor Gary Rycroft from Joseph A Jones & Co. He pointed out that from 6 April the law on divorce will change, with the abolishment of the need for blame to be apportioned to one party. Could this be a catalyst for your partner?

If that still doesn’t work, Rycroft suggested your partner and his ex could “tidy up” the legal side of their marriage by getting a “deed of separation”. This can be “totally bespoke” so they can put in it what they feel comfortable with. So they could say neither will make any claims against the other at this time, or they could start to outline a division of assets. I wonder if this might be a good dress rehearsal for him.

Consider going to couples counselling, too (psychotherapy.org.uk; cosrt.org.uk; bacp.co.uk). Some interesting things may come out with the safety net of a third person, and these may propel you both forward.

Every week Annalisa Barbieri addresses a family-related problem sent in by a reader. If you would like advice from Annalisa on a family matter, please send your problem to ask.annalisa@theguardian.com. Annalisa regrets she cannot enter into personal correspondence. Submissions are subject to our terms and conditions.

Comments on this piece are premoderated to ensure the discussion remains on the topics raised by the article. Please be aware that there may be a short delay in comments appearing on the site.

Source link

Dominic Levent Solicitors

Email: Enquiries@dominiclevent.com

Phone: 020 8347 6640

Url: https://www.dominiclevent.com

1345 High Rd

London, London N20 9HR

The Five Best Questions to Ask Your Divorce Lawyer

spainops — Mon, 28 Mar 2022 11:57:00 +0000

Divorce is never a situation one hopes to experience. But sometimes it’s inevitable. Advancing the concept it developed — Emotionally Intelligent Divorce® — the team at Calabrese Budner skillfully guides clients through the tumult of emotions that accompanies the end of a marriage. From Collaborative Divorce to litigation, the key to getting to the best place possible on Divorce Day 2 is having legal representation that decisively pursues your goals as a client, as well as choosing the best process to get you there. Carla M. Calabrese of Calabrese Budner, arms readers with the five questions to ask your lawyer when in the initial stage of the divorce process.

Carla M. Calabrese

What is the best divorce process for me?

With more than 20 years under her belt handing Collaborative Divorce cases and as a Master Credentialed Collaborative Divorce attorney, Calabrese firmly believes: “If you can enter into a collaborative process, it will be the optimal option to get you to the best possible place on Divorce Day 2.” In Texas, there are two divorce processes: Collaborative Divorce and traditional litigation. Collaborative Divorce is a highly customized process, empowering clients to make informed decisions with the support and guidance of a specially trained team of divorce professionals including built-in neutrals. The process is entirely private with no court hearings, no cross-examining in front of a judge, and important decisions are made in the comfort of a conference room. Divorce litigation involves the more traditional approach to resolving legal matters, including formal discovery, depositions, court hearings, and trials. Calabrese Budner is unique in that its team skillfully handles litigated divorces as well as Collaborative Divorce matters.

In Calabrese’s lengthy years of Collaborative Divorce experience, almost all of her cases have successfully finalized in the process. Although cases also settle in litigation, Calabrese says that the experience and outcomes for her clients are much more satisfactory using Collaborative Divorce. “If your divorce lawyer hasn’t said anything to you about Collaborative Divorce or downplays the process,” she says, “get a second opinion.” Just because a lawyer doesn’t want or have the experience to handle a Collaborative Divorce matter, doesn’t mean it isn’t the right process for you.

Where do I start, regarding finances?

“First thing,” Calabrese says, “is to locate what you can regarding your finances. If a financial statement or financial planning report is available, bring that to your first meeting with your lawyer. If not, these papers should be requested early on in the process.”

The key to a successful financial outcome is prioritizing financial education during the divorce. “This is true not only for the spouse who knows less about the finances, but also for the spouse ‘in the know,’” Calabrese says. It’s a well-known adage that a confused mind says no. Educating the less knowledgeable spouse allows the divorce process to move more quickly and smoothly.

From experience, Calabrese has determined that financial education and information are much easier to attain in a Collaborative Divorce. With a neutral financial professional (FP) on every team, the process provides financial education not only to the spouse who may know less about the couple’s finances, but also to the more financially savvy spouse who may not know as much as a seasoned FP. The FP is also charged with providing financial transparency. Transparency and financial education are tenets of the Collaborative Divorce process.

Will my kids be okay after a divorce?

The single most important way to ensure your kids will be okay is to stay true to this edict throughout the divorce: Always remain parents first and divorcing spouses second. Collaborative Divorce provides the opportunity for parents to jointly engage a neutral child specialist (CS) to meet with their children to give the children a voice (not a vote) on how the divorce is impacting them. The CS then reports to the parents to ensure that the children’s needs are being addressed by the parents and taken into consideration in the divorce. This unique tool allows kids to feel heard and respected, and gives them some control when they are feeling tremendous loss and anxiety about the ending of their family as they know it.

When divorcing in a traditional litigation model, putting the children’s needs ahead of yours will ensure that they will be okay in the end, especially when there isn’t the benefit of the neutral child specialist — by not using them to get back at your spouse or as pawns to achieve other desired results (doesn’t take a rocket scientist to know how harmful that would be for kids), but by genuinely looking at each decision and thinking: What is best for my child first, over how will that decision impact me.

Will I be okay after a divorce?

Self-care has been the anthem for everyone these last two years, and it is highly important when going through a divorce. Calabrese says the best form of self-care for her clients is individual therapy. Divorce is emotional. Calabrese believes that “no person should go through a divorce without the support of a good therapist.” A therapist will help a divorce client secure their best position on Divorce Day 2.

In Collaborative Divorce, a neutral mental health professional (MHP) specializing in divorce coaching is part of the process. Calabrese explains, “Although the MHP does not technically provide therapy to divorce clients, given the MHP is a therapist, they have their finger on the pulse of the emotions that always accompany divorce and will manage them.” Calabrese believes that clients choosing Collaborative Divorce tend to get to the other side with less stress, a better post-divorce relationship with their spouse, and higher client satisfaction with the process.

How long will the divorce process take?

The length of divorce depends almost entirely on how emotional the situation is and how effective the lawyers and professionals are at managing those emotions, Calabrese says. We’ve all heard stories of divorces that drag on, with terms that can’t be agreed upon, and emotional waves rip through the process, driving costs and client stress through the roof. Collaborative Divorce, with its built-in MHP to help manage the stress, tends to take much less time than a traditional litigated divorce. Traditional litigated cases tend to take longer, with higher costs, both financially and emotionally.

Calabrese further believes that aside from choosing a more conducive process, the client can control the timing of a divorce by doing the following. First, always let your lawyer manage your expectations throughout the process. Second, always take actions that keep it as civil as possible, even when a decision feels like it isn’t as fair to you as you think it should be. Third, even though it seems counterintuitive (given that this is likely the most important and emotional legal matter of your life), view the divorce as a transaction, and strip away as much emotional attachment as is possible. “Following this advice,” Calabrese says, “will give you the best shot at your very best Divorce Day 2.

For more advice and to book an appointment, visit calabresebudner.com.

Source link

Dominic Levent Solicitors

Email: Enquiries@dominiclevent.com

Phone: 020 8347 6640

Url: https://www.dominiclevent.com

1345 High Rd

London, London N20 9HR

What can I do if my ex is hiding crypto stash from me during divorce?

spainops — Mon, 28 Mar 2022 11:57:00 +0000

Think your ex has a secret bitcoin stash? A legal expert explains how to hunt one down and the stiff penalties for hiding crypto (and other assets) in a divorce

By Toby Yerburgh For This Is Money

Published: 07:27, 25 March 2022 | Updated: 13:02, 25 March 2022

Toby Yerburgh: Luckily most people that have invested in crypto love to boast about it

Toby Yerburgh is partner and head of family law at Collyer Bristow.

‘It’s all about the cake,’ one well-known divorce lawyer used to say to every client. ‘You have to work out how big it is, then agree how to cut it.’

Simple, you might think, particularly when the starting point for cake division is often straight down the middle.

But clearly not, given how many divorce lawyers there are and how much they charge for their services.

In practice, of course, the main area of contention is working out the size of the matrimonial pot by identifying and then valuing each party’s assets.

Most assets are relatively easy to identify – properties, stocks and shares and UK bank accounts, for example. Some are less so, such cash under the bed or gold bars in offshore banks.

But most difficult of all to identify, and these days becoming much more common, are crypto assets.

These were estimated to be worth £1.5trillion worldwide in February 2022, including £680billion held in bitcoin and £340billion in ethereum.

So how will you know if your ex holds bitcoin?

Well, luckily most people that have invested in crypto love to boast about it.

In fact, there is an evangelism amongst many investors that means it is quite likely that your spouse will have told you (and everybody else) if they have made a killing from getting into such investments at the right time (which generally means at least a year or so ago).

It will be a very rare successful crypto investor who tells no one about their savvy investment skills.

If your spouse has made a fortune in this area, they have a duty to disclose such assets in exactly the same way as any other asset class.

And the penalties for deliberate non-disclosure can be very severe, from costs penalties to fines and prison.

Crypto assets: Estimated to be worth £1.5trillion worldwide in February 2022, including £680billion held in bitcoin and £340billion in ethereum

What can you do if you think your ex is hiding crypto during a divorce?

If you know or have very good reason to suspect your spouse has not disclosed their crypto assets you are going to need specialist help to uncover and preserve them by means of a freezing order.

This can include obtaining disclosure orders against entities that hold crypto currency (such as Coinbase), seizure of computers, and search orders regarding safe deposits where physical evidence of crypto keys (a unique string of letters and numbers that act as a password to the ownership of the asset) may be kept.

Tell-tale signs of crypto ownership may be found in bank statements where payments have been made to coin exchanges, in chat rooms where your spouse may have discussed their latest purchases and in your spouse’s browsing history on the family PC.

Do you have a question about divorce and your finances?

Write to This is Money at experts@thisismoney.co.uk and we will try to answer. Please put DIVORCE in the subject line.

How do you work out what the crypto is worth?

Once you have established the existence of crypto assets they need to be valued. Given the notorious volatility of such assets this is easier said than done.

It may well be that unless you reach a compromise that the court will order them to be shared rather than ordering payment of a lump sum consisting of a fixed amount of fiat money (legal tender).

Before that happens, you will want to be properly advised on how ownership of crypto works, the risks and tax implications of ownership and how you can exchange crypto for fiat money and the costs of doing so.

What if you own crypto and are getting a divorce?

On the flip side, what if you are sitting on valuable crypto assets that you owned a long time before your marriage but became much more valuable during the marriage?

Do you have to share these equally with your soon to be ex-spouse?

How do you find a decent lawyer?

Word of mouth is often the best way to find a professional to help you so ask around, writes This is Money.

You can also use the Law Society’s search tool – look under family.

It is often a good idea to find a financial adviser early in the process of divorce too.

This will help you ensure assets are valued and split fairly, especially pensions which can be worth as much or more than the family home.

Read our guide to new ‘no fault’ divorces here.

Not necessarily. Premarital assets are not automatically divided equally on divorce and ‘passive growth’ of such assets is often discounted by the courts.

That said, your spouse’s (and any child’s) needs will trump any argument that such assets should be kept entirely free from any claim if there are insufficient other assets to make what the court considers to be fair provision.

The starting point for division of crypto acquired during the marriage will be an equal split of the net value.

This should take into account the costs of realisation – in plain terms, the cost of transfer and conversion into real money – and any potential capital gains tax payable upon disposal. (Unlike with fiat currency crypto gains are subject to CGT.)

Whether you bought crypto before or after the marriage you will have to disclose your holding. If you are subsequently found not to have done so, not only are you likely to be subject to the penalties already mentioned but any final court order obtained could be set aside.

Action to take if you are getting divorced and one partner (or both) owns crypto

Whether you own crypto assets or suspect that your spouse does, professional advice at an early stage of a divorce is likely to be the only way to ensure you get a fair slice of the cake.

When you are looking for a lawyer to represent you, look online to see if anyone you are considering holds themselves out as an expert in this area. Then, when making initial contact, ask them if they have ever dealt with a case involving crypto currency previously.

When speaking to them you should also check whether they have at least a basic understanding of what a crypto currency is, how it can be held and the tax, other costs and practical implications of realisation or transfer.

Some links in this article may be affiliate links. If you click on them we may earn a small commission. That helps us fund This Is Money, and keep it free to use. We do not write articles to promote products. We do not allow any commercial relationship to affect our editorial independence.

Source link

Dominic Levent Solicitors

Email: Enquiries@dominiclevent.com

Phone: 020 8347 6640

Url: https://www.dominiclevent.com

1345 High Rd

London, London N20 9HR

4 Things Every Woman Business Owner Should Know About Divorce

spainops — Mon, 28 Mar 2022 11:57:00 +0000

Things Every Woman Business Owner Should Know About Divorce

123RF

Going through a divorce can be hard on anyone, but for women business owners, the emotional toll can be particularly overwhelming. On top of the usual pressures of divorce—asset distribution, child custody negotiations, support determinations and the disruption caused by the divorce process itself—you may face the real possibility that you will have to share the company you put your heart and soul into with your soon-to-be ex-spouse.

If your spouse has helped you build the business, either directly holding a position there or supporting you at home as you worked on the business, then this may not be a point of contention for you; you want to make sure they share in the asset they helped create. However, if you have been carrying the bulk of responsibility for running the household and raising the kids in addition to building the business and generating household income, then the idea of having to share the value of your business can be a bitter pill to swallow.

Knowledge and preparation can help you achieve the most positive outcome from your divorce. These insights into what to expect and how to position yourself may help.

Your spouse may be entitled to more than you think. Some women feel a false sense of security believing that if their spouse isn’t a titled partner, then they won’t receive any distribution of the company’s assets. This isn’t necessarily true. While specifics likely depend on the state in which you live, in general, spouses may be awarded a distribution of assets related to the other’s business.

Ideally, this is something you have already addressed in a prenuptial or postnuptial agreement. These agreements can set forth:

The value of the business at the time of marriage, protecting its premarital value as your separate property
If/How your spouse would share in company profits or losses from the date of marriage
The appraisal method to be used to value the business in the event of divorce
The percentage of the value of the business your spouse would be entitled to in the event of divorce

If you do not have such an agreement in place, then the court will have to determine how much, if any, your spouse will receive. Be prepared with timelines and documentation of both financial and nonfinancial contributions to the growth of the business to support your argument for what is fair.

Preparation and the right mindset can help you hold your ground. While the depth and breadth of your nonfinancial contributions to your family’s lifestyle and well-being may be obvious to you, you will need to be able to demonstrate those to the court. Research is on your side, confirming that the gender gap in unpaid household and family care work continues. In fact, a recent report by Oxfam and the Institute for Women’s Policy Research quantifies this gap succinctly: According to the report, women spend an average of 5.7 hours a day performing home- and care-related tasks, while men spend 3.6 hours. If you experienced that gap in your marriage, be prepared to explain how.

In equitable distribution states (all states except Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin), this unpaid work and the value it brings to the family can impact the distribution of the assets, including the value of your business. Women can argue that the duties they fulfill beyond their financial responsibility of generating income should be taken into account as the court evaluates what proportion of the marital assets each spouse is entitled to retain post-divorce.

Custody negotiations don’t have to be difficult. One of the primary factors a judge looks at in determining custody arrangements is how available each parent is for the children. What they may see when evaluating your parenting role are the many demands you face in running a business. What you need to help them see is that owning that business gives you the flexibility to adapt your schedule so that you can be there for your kids when they need you—as you have been doing all along.

The previously held presumption of moms as the primary parent often led to unintentional bias against working moms, but not working dads. As the maternal presumption fades in favor of a presumption for more equal parenting time, these biases are fading too. Growing acceptance of work-from-home and flexible-schedule work models also helps working parents counter arguments that successful careers impeded involved parenting. Pandemic work environments gave rise to a new understanding of how professional and personal lives can mesh seamlessly. Evolving perspectives are likely to work in favor of mom business owners, bringing them onto a more even playing field in negotiations.

Your spouse’s employment at your company can trigger special considerations. Business owners who hire their spouses without putting safeguards into place, like paying them a market-appropriate salary, for example, may find themselves facing unfortunate repercussions in court. A nontitled spouse who has not been paid at market rate can argue for a larger share of the business. So can a spouse who alleges they were instrumental in the company’s growth. And, although getting a divorce doesn’t necessarily mean you must terminate your spouse, if you do, understand that you may be responsible for paying more support until they secure another (equivalent) position.

In these scenarios and others, financial negotiations can become messy and complex, turning what could have been a straightforward settlement into a contentious, drawn-out battle. Taking a pragmatic, business-based approach to having your spouse on staff is essential to smooth divorce negotiations.

Strategic analysis and planning can give you the advantage in divorce, especially when your business is involved. Be knowledgeable, prepared and confident, and consult with your advisers for additional insights.

Source link

Dominic Levent Solicitors

Email: Enquiries@dominiclevent.com

Phone: 020 8347 6640

Url: https://www.dominiclevent.com

1345 High Rd

London, London N20 9HR

Divorce in the Age of Social Media

spainops — Mon, 28 Mar 2022 11:57:00 +0000

Social media has grown to become an unavoidable aspect of our everyday lives to the point where it is nearly impossible to find one person among your family, friends, or peers at work that does not have some sort of social media presence. Social media has changed the way we do everything, from how we communicate with friends and family, to how we decide which products to purchase. Now, social media even affects the way we litigate divorce cases. According to Pew Research, in 2019, 72% of the public used some type of social media. With social media use being this prevalent in today’s world, the chances that one’s spouse is using some form of social media is quite high. A savvy divorce attorney will not miss the opportunity to utilize this powerful tool and present social media as evidence in support of their cases. In fact, according to the National Law Review:

- 81% of divorce attorneys discover social media evidence that is worth presenting in Court
- 66% of divorce cases use Facebook as one of the primary sources of evidence

In today’s world, social media is used for both professional and personal purposes, with many of us posting regular updates and messages on our pages without really considering the consequences. However, California courts regularly uphold evidence from social networking sites including Twitter, Facebook, Instagram, TikTok, LinkedIn, and even online dating apps. Anything that is public and easily accessible is fair game. Even if a party’s social media is not public, it can be requested by the other side in discovery. California courts have held that social media is discoverable for three main reasons:

It does not violate any privacy, as there is no expectation of privacy.
It can be relevant.
It does not violate any privilege.

Ultimately, as long as the request can be argued to appear reasonably calculated to lead to the discovery of admissible evidence, such as hidden assets or information relevant to custody, the Court is likely to allow it.

- It is critical for divorce attorneys today to be aware of and understand the ways in which social media can impact their cases. Here are some of the most common examples: Social media can be very useful for support issues, determining the marital standard of living, or even proving the existence of hidden assets when a party is boasting about expensive vacations, new vehicles, or other luxury items on their social media. A parent may have a hard time alleging that they cannot afford to pay spousal support when their Twitter account shows repeated complaints about the poor customer service at the Ferrari dealership.
- Social media can have an impact on custody proceedings if one parent can show that the other is engaged in unsafe or inappropriate behavior around children. Evidence that a parent is frequently out late partying, excessively indulging in drugs or alcohol, or even getting a little sloppy at a social gathering where the children are present, can be incredibly damaging. It is worth noting, it doesn’t matter if the parent is exaggerating, joking, or even portraying a lifestyle that is not their own. Social media posts that demonstrate risky or irresponsible behavior could call into question a party’s parental fitness, and can negatively impact a custody case, even if the party is not directly engaging.
- Social media can be instrumental in proving violations of restraining orders. Social media check-ins to restricted locations or contact with the other party through social media can be instrumental in proving a party violated a restraining order.
- Social media can even be used to verify claims of infidelity. While California is a no-fault state and a spouse cannot be punished financially for infidelity, if a party can show that community funds were used during the course of the infidelity, then it becomes relevant. For example, if a party’s new girlfriend is posting about the fancy jewelry he bought her while away together on an expensive vacation, their soon to be ex-spouse could seek reimbursement of any community funds spent in the divorce. As you can see, a party doesn’t have to post the offending content themselves. Any content posted by friends, family members, etc., could serve as evidence.

It’s important that attorneys discuss the impact of social media and advise their clients to use social media responsibly. Getting those “likes” might feel good in the moment, but that client will be unhappy when those posts are read aloud in court. While most attorneys will not be successful in convincing their clients to go off the social media grid completely while their case is pending, the following are some practical pointers that could help litigants avoid giving their ex-spouse and their attorney any information that may be used against their interests:

- Set all profiles to private whenever possible
- Do not post anything personal, particularly about your divorce, children, finances or lifestyle
- Unfollow your spouse and your spouse’s family, friends, or anyone who could show your posts to your spouse
- Do not boast about promotions, bonuses or other work-related achievements
- Do not disparage or say negative things about your spouse on social media
- Do not post about your divorce before it is commonly known amongst your family, friends, and particularly children
- Do not post pictures with your new partner or with your new partner and your children
- Do not post pictures or other media that depicts you drinking, consuming illegal substances, or in any state of intoxication
- Talk to friends and family about social media and kindly ask that they avoid posting anything about you online without your approval
- Change all of your passwords if your spouse has access to any of your accounts or may know your password

For other suggestions or case specific advice, please consult with a qualified family law attorney to best protect yourself while navigating the divorce process. As I like to say, live like there’s no tomorrow, but post as if it may one day be read aloud in Court.

Source link

Dominic Levent Solicitors

Email: Enquiries@dominiclevent.com

Phone: 020 8347 6640

Url: https://www.dominiclevent.com

1345 High Rd

London, London N20 9HR

10 things to know about divorce law changes – Which? News

spainops — Mon, 28 Mar 2022 11:57:00 +0000

Changes to the divorce system in England and Wales for the first time in 50 years will remove the concept of fault and could speed up the process.

The Government said the changes would spare people the need to ‘play the blame game’ and would strip out the ‘needless antagonism this creates so families can better move on’.

Here, Which? takes a closer look at the changes and how they could impact your money.

1. You no longer need a ‘fault’

Under current law, if you’re seeking divorce you need to give a reason why the marriage broke down and you can choose one of three reasons – adultery, unreasonable behaviour and desertion.

If you don’t want to give a reason, you can apply for a divorce if you’ve been separated for more than two years (if you both agree to the divorce) or if you’ve been separated for five (if one spouse contests it).

The new law will no longer require married couples or civil partnerships to establish one of these five facts and instead either or both parties can apply to the court for an order which dissolves the marriage on the ground that it has broken down irretrievably.

It means you can save money on needless legal arguments over who was at fault.

2. Couples can make a joint application

Couples can mutually cite ‘irretrievable breakdown’ as the sole ground for wanting a divorce – and this can be done as a joint statement.

The application can be made online and if made by one spouse, there will be no requirement for the respondent to defend or to cross apply for a divorce.

3. One spouse cannot contest the divorce

The new changes will also stop one partner contesting the divorce, dissolution or separation if the other wants one. The government said the ability to contest a divorce is currently used in less than 2% of cases.

This could help victims of domestic abuse as previously their abusers were able to exercise coercive control over them by stopping it.

Though it’s worth pointing out that under the new law, divorce can still be challenged on the basis of jurisdiction, the legal validity of the marriage, fraud or coercion and procedural compliance.

4. Divorce terms will change

The new law will update divorce language.

‘Decree Nisi’ will become ‘Conditional Order’. This is a document that says the court does not see any reason why you cannot divorce as it is satisfied you have met the legal and procedural requirements to get a divorce.
‘Decree Absolute’ will become ‘Final Order’ – this is the legal document that ends your marriage. You need to wait at least 43 days (six weeks and one day) after the date of the Decree Nisi before you can apply for decree absolute.
‘Petitioner’ – the person submitting the application, will become the ‘applicant’.

5. You will have to wait 20 weeks before an order

The new law introduces a minimum period of 20 weeks between the initial application and the Conditional Order.

This means a divorce will take at least six months or more to complete.

The Government said this would provide couples with a ‘meaningful period of reflection and the chance to reconsider’. Where divorce is inevitable, it says it will allow couples to cooperate and plan for the future.

The new law will keep the existing six week period between the Conditional Order and when the Final Order can be made.

6. Lawyers have welcomed the changes

Stephanie Boyce, president of The Law Society said: ‘’No fault’ divorce will cut unnecessary conflict from the separation process – allowing couples to move on amicably.

‘This divorce reform will bring our marriage laws into the 21st century and ensure that, in the future, separating couples and their children do not suffer unnecessary conflict.’.

Ross Phillips, a partner at Goughs Solicitors said the changes will bring finality and financial security to couples who had no option but to wait for two years to separate by consent as they will be able to divorce much quicker.

7. Application fees will remain the same

Divorce application fees were raised in September to £593, from £550. They are not due to change again when the new law comes into force.

However, The Law Society believes this fee is too high and discriminates against those less able to afford it. It says court fees should be reduced to reflect the fact that the new process will require less administration.

8. Financial settlements remain separate

Couples that divorce will still have to sort financial settlements in a separate and parallel process.

However, concerns have been raised that a more speedy divorce could lead to rushed financial settlements.

Former pensions minister Sir Steve Webb, a partner at LCP, and barrister Rhys Taylor argue that couples looking for a swift divorce may receive unfair shares of their partner’s pension.

They said: ‘One group currently at high risk of retirement poverty is divorced women. In large part this is because relatively little attention is often given at the time of divorce to a financial settlement which gives proper weight to pension wealth.’

Helen Morrissey from Hargreaves Lansdown added that one partner may be surprised by the divorce and not have enough time to consider their options.

She added: ‘Given pension values can amount to more than the value of the family home then this is concerning and could leave one partner, often the woman approaching retirement with inadequate pension provision.’

According to research by LCP, only around one third of divorces have any kind of financial order attached to them and not all of these will include pension orders.

In response, a spokesman from the Ministry of Justice said: ‘This is not a new problem and, in fact, our changes give couples more time to resolve their issues and greater chance of doing so amicably.

‘We have committed to further exploring financial provision, including pension sharing, once these changes are in force.’

9. You could have less time to get financial advice

The person applying for divorce must serve the application to their partner within 28 days from issuing.

However, if this person is not served until the 28th day, then they only have 16 weeks until a Conditional Order is made.

This could limit the time they have to get financial advice and they could end up being blindsided by the divorce.

The Law Society is campaigning for the notice period to start once the respondent receives the application, rather than from the start of proceedings (when the applicant applies for divorce).

You can also be served the papers by email, which could come as a shock. Mr Webb said although the new regulations discourage using a work email address to notify a spouse, it could still be used in some cases and work emails are not always private.

10. The old system will go offline on March 31

From 31 March you can no longer apply for a divorce using the current paper or digital system, or access a saved digital application which is yet to be issued by the court.

From 31 March to 5 April the digital service will not accept new applications.

From 6 April, the new paper and digital services will be available.

If you’re thinking of applying for a divorce it’s worth waiting a few weeks as this will not make much difference to the overall length of time the divorce takes.

If you have an application saved on the current digital service and still want proceed, you’ll need to access your account and submit your application by 4pm on 31 March.

Source link

Dominic Levent Solicitors

Email: Enquiries@dominiclevent.com

Phone: 020 8347 6640

Url: https://www.dominiclevent.com

1345 High Rd

London, London N20 9HR

Mum moves on from divorce by marrying herself: ‘I highly recommend it’

spainops — Mon, 28 Mar 2022 11:57:00 +0000

She keeps her vows on her makeup drawer to remind her of that every day.

They read: ‘I vow to be faithful to myself, embrace my body and personality, regardless of other peoples wishes. I vow to keep trying new things even when it scares me, so I will keep having new experiences and grow. I vow to remain independent of others to maintain my self-worth.

‘I vow to allow myself to make mistakes and to forgive myself. I vow to love myself, in good and hard times, in sickness and in Health, because I now know that I am worthy and deserve this. Because I now feel how valuable my self-love is and have experienced that I can do this on my own, and I always have a choice.

‘Today I choose me. This ring is my daily reminder that I am allowed, can and will remain faithful to myself and my children.’

Do you have a story to share?

Get in touch by emailing MetroLifestyleTeam@Metro.co.uk

MORE : Couple who fell in love on TikTok marry two weeks after meeting in person

MORE : Woman marries the same man again after losing nine stone

MORE : Married couple with 53-year age gap rake in the cash on OnlyFans

Source link

Dominic Levent Solicitors

Email: Enquiries@dominiclevent.com

Phone: 020 8347 6640

Url: https://www.dominiclevent.com

1345 High Rd

London, London N20 9HR

Why businesses should opt for mediation to solve rows

spainops — Mon, 28 Mar 2022 11:57:00 +0000

Personal Finance

Why businesses should opt for mediation to solve rows

Monday March 28 2022

By CATHY MPUTHIA
More by this Author

Summary

More businesses are becoming litigious owing to better awareness of the law and their rights. Litigation is very costly and it includes the cost of legal and court filing fees.
Experts have noted that reduction of civil litigation cost does not only require the legal department to stay within its budget but also the company to monitor the cost of litigation.
A survey of Fortune 500 companies found that they had spent $210 billion on litigation between 2012-2013.

According to research, litigation cost has increased over the years and it is eating into corporate earnings.

More businesses are becoming litigious owing to better awareness of the law and their rights. Litigation is very costly and it includes the cost of legal and court filing fees.

A civil litigation cost index has been developed to measure the cost to companies.

Many firms have legal departments, which are provided with a litigation budget.

Experts have noted that reduction of civil litigation cost does not only require the legal department to stay within its budget but also the company to monitor the cost of litigation.

A survey of Fortune 500 companies found that they had spent $210 billion on litigation between 2012-2013.

Some of the disputes revolved around intellectual property infringement and enforcement and required the services of highly specialised lawyers. Specialised lawyers do not come cheap. The intellectual property dispute between Samsung and Apple, for instance, has been estimated at $1.8 billion according to reports.

From the survey, it was found that the aggregate money spent on litigation did not include the settlement amount, which is a further cost to the company.

Some court decisions can affect company value negatively. According to an online article, a ruling against Pennzoil caused its market value to fall by $1.8 billion within seven days.

A further litigation cost is the amount of time it takes to finalise a case. In Kenya, litigation is a long process. At times it makes little economic sense to litigate in the first place.

For this reason, alternative dispute resolution methods are becoming increasingly relevant. I would recommend the adoption of mediation as a dispute resolution tool.

Mediation is an out-of-court settlement, which is structured and which enables parties to resolve the dispute through an impartial third party known as the mediator. Trained mediators can pick up the issues quickly and guide the parties into settling the core issues.

Mediation helps parties preserve relationships. It is not a hostile process, unlike litigation where there is a winner and a loser. Mediation helps parties get to a win-win settlement further strengthening their bond.

Mediation settlements are private. Therefore, the reputation and image of the disputants are preserved. In the Pennzoil case, an adverse ruling affected its market share. However, with mediation the public may not be privy to the settlement details, preserving the image of the company.

Mediation has the added advantage of cutting costs. It helps companies reduce litigation costs. As illustrated above, the litigation costs can be quite high. Mediation is affordable. On top of that mediation is faster and helps parties save time.

Mediation is convenient as it happens at a place and time convenient to both parties.

In Kenya, leading disputes in the corporate sector have gone into mediation. Keroche Breweries and Kenya Revenue Authority were able to reach an amicable settlement over a tax dispute that would have led to the closure of the former’s factory.

Mediation was able to improve the relationship between the parties and provide a win-win settlement for both parties. It cut costs and time that would have been spent if the matter were to be litigated.

Mediation is highly encouraged for businesses as opposed to litigation. I would urge companies to adopt mediation structures and policies if they have already not done so. It is also prudent to have mediation as a dispute resolution option during contract drafting.

Source link

Dominic Levent Solicitors

Email: Enquiries@dominiclevent.com

Phone: 020 8347 6640

Url: https://www.dominiclevent.com

1345 High Rd

London, London N20 9HR

Supervised visits, counselling among measures to protect children amid divorce

spainops — Mon, 28 Mar 2022 11:57:00 +0000

SINGAPORE – Allegations of family violence raised during a couple’s divorce will be viewed seriously and taken into consideration when the courts decide on child access matters, with counselling and supervised visitation orders being made in certain cases.

These are some of the existing measures which protect children in failing marriages that are likely to play a bigger role in proceedings amid recent changes to divorce laws and child access enforcement here.

New amendments to the Women’s Charter passed in Parliament in January included a raft of measures such as mandatory counselling, compensation for denied access and in extreme cases, a jail term and fine for parents who deny child access to the former spouse.

The amendments also include educating couples on parenting, mediation, therapeutic programmes or family support programmes.

The changes empower the court to better enforce child access orders.

A spokesman for the Ministry of Social and Family Development said that “paramount consideration” would be given to a child’s best interest when matters involved children.

“As the court assesses applications for enforcement of child access order, it does so with the intent to minimise acrimony, emphasise co-parenting and encourage relevant interventions that help families to heal,” she said.

This is in line with the Family Justice Court’s focus on therapeutic justice, which is a non-adversarial process that seeks to solve problems and help parents learn to manage their conflicts and engage in co-parenting.

This is in contrast to the traditional adversarial approach, where each party pursues his interests single-mindedly.

Ms Angelina Hing, managing director at Integro Law Chambers, said: “In extreme cases, where abuse is on the child, or if the child has witnessed violent abuse on the caregiver parent and is severely traumatised, the court may suspend all access to the abusive parent until such time when the child is ready for the access.

“This kind of order would have to be complemented by counselling orders and therapeutic interventions for the child and parents.”

In cases where the child is not ready to meet the access parent even in a supervised setting perhaps due to trauma from abuse, the court may make a counselling order to help the family work through the issue.

Where children require more support due to the trauma or abuse they have experienced, parents can approach the divorce support specialist agencies or restructured hospitals which provide specialised assessment and therapy support.

Lawyers ST spoke to said that while access enforcement would allow parents with genuine concerns to approach the court, there is nothing stopping parents who want to prolong the litigation process from filing applications.

Mr Ivan Cheong, partner at Withers KhattarWong, said: “Access enforcement is a key element that should not be dismissed as we have seen many access parents who are not able to exercise access in accordance with court orders simply because of roadblocks put in place by the parents with care and control.

“The court is however able to discern where there are genuine problems in place that stand in the way of access.”

Source link

Dominic Levent Solicitors

Email: Enquiries@dominiclevent.com

Phone: 020 8347 6640

Url: https://www.dominiclevent.com

1345 High Rd

London, London N20 9HR

England’s now got a ‘no fault’ divorce, but the law’s still different in Scotland – Savita Sharma & Nikki Hunter

spainops — Mon, 28 Mar 2022 11:57:00 +0000

Savita Sharma is a Consultant, Morton Fraser.

This is the biggest reform to Divorce Law in England in 50 years and heralds a new era where couples will be able to get divorced without attributing fault.

Removing the fault-based element of divorce is a positive change where couples are able to apply either solely or jointly for divorce, on an amicable basis, allowing their best efforts to be focused on the more important aspects of a divorce such as children or finances. It provides the ability to apply for a divorce without having to establish that the other party is at fault. Instead, they only have to provide a statement to the effect that there is irretrievable breakdown of marriage along with their divorce application.

Nikki Hunter is an Associate, Morton Fraser.

In Scotland the ground of divorce is the same as in England which is “irretrievable breakdown of a marriage”. This must be established by evidencing (i.e., proving) one of the following: –

(a) the other party has committed adultery;

(b) the other party has behaved in such a way where the party (who wishes the divorce) cannot reasonably be expected to cohabit with that party;

(d) the parties have not cohabitated for two years (consent is not required for this ground).

Notwithstanding the fact the irretrievable breakdown of the marriage has to be proven with corroborating evidence (unlike the new law in England), relying on either of the non-cohabitation grounds is often referred to as a “no-fault divorce” in Scotland. A party who disputes any of the four grounds can defend the application for divorce There is a common misconception in Scotland that if the irretrievable breakdown of a marriage can be established by evidencing “fault” (i.e., adultery or unreasonable behaviour) the suffering party will be rewarded financially. This is not the case. Except in very limited circumstances, a party’s conduct is just a means to justifying divorce.

The introduction of “no-fault” divorce in England goes well beyond the Scottish system. This means, in Scotland, if you are unable to satisfy a court that whatever ground you are relying upon has been established, your divorce will be refused. This is in contrast to England now where a declaration of irretrievable breakdown of a marriage is sufficient and as such it cannot be opposed (i.e., defended) or requires consent from the other party.

There are other differences between the two divorce systems. For example, in England, divorce and finances proceedings are separate, (although they are normally addressed concurrently) whereas in Scotland they are connected. Therefore, becoming divorced in England does not preclude either party from seeking financial provision from the other after the divorce has been granted (until such time as all financial claims are dismissed). However, in Scotland, once a divorce or dissolution has been granted, that brings the parties right to seek an order for financial provision from the other to an end, save for in very limited circumstances.

These differences are only the tip of the iceberg in relation to the Scottish divorce system and the English divorce system. Whilst in some cases, people are limited to which court they are entitled to raise proceedings, in other cases they may have the option of raising in Scotland or England. Raising proceedings in Scotland may yield a significantly different outcome in respect of how the matrimonial assets are shared than if proceedings were to be raised in England (and vice versa) given the emphasis set out in the respective legislation. It can often be the difference between a good outcome or a better outcome. It is very important that parties seek expert legal advice as soon divorce proceedings are contemplated, or divorce papers received.

Irrespective of whether parties divorce under the new law in England and Wales or in Scotland, the overwhelming consensus seems to be that allowing couples to end their marriages with more dignity and less conflict can only be seen as a positive change which will help the way couples approach divorce and other related matters.

Savita Sharma is a Consultant and Nikki Hunter is an Associate, Morton Fraser.

Source link

Dominic Levent Solicitors

Email: Enquiries@dominiclevent.com

Phone: 020 8347 6640

Url: https://www.dominiclevent.com

1345 High Rd

London, London N20 9HR

Warning over surge in surprise divorces after April 6

spainops — Mon, 28 Mar 2022 11:57:00 +0000

Lawyers and family courts are expecting a surge in divorce applications next month when a new ‘no-fault’ law comes into effect, making it easier for couples to split. The government’s Divorce, Dissolution and Separation Act 2020, which comes into force on April 6, reforms the divorce process to fundamentally change the way the legal system processes divorces.

Many couples wishing to avoid blaming each other for the breakdown in their marriage have been waiting until the law comes into force, creating a spike in divorces, lawyers predict. Some partners may also find themselves the recipient of a surprise divorce petition, as the new rules allow for no-blame sole applications without contention.

Graeme Fraser, head of family department at OGR Stock Denton expects the divorce rate to rise across the capital. He said: “In the immediate term, we anticipate a spike in the volume of divorce applications due to the number of couples who have been waiting for the new divorce laws to come into force.

“Potentially the decision to divorce may also come as a bolt out of the blue for some, as no reason has to be provided for a sole application, although couples are encouraged to file joint applications as the new law is designed to reduce conflict.”

From April 6 there will no longer be a need to cite adultery, unreasonable behaviour or desertion as grounds for divorce or to establish a period of two or five years of separation. The new Act also removes the possibility of contesting the divorce, introduces an option for a joint application and simplifies the language used in the legal divorce process, for example changing ‘decree nisi’ to conditional order and ‘decree absolute’ to final order

The changes will apply to all divorces commenced after April 6. The minimum period between the start of a divorce and the granting of a conditional order will be six months. The new rules will also mean a fundamental change in the role of divorce solicitors. It is predicted that in many cases couples will no longer need to use lawyers.

Mr Fraser said: “Many couples will view the process as being a transactional one only, which removes the potential for hostility. It is anticipated that this may lead to the take up of non-court dispute options such as mediation, and an increased demand for a solicitor to act as a neutral facilitator for the couple rather than each spouse requiring a separate lawyer.”

After the initial surge in applications, the changes are not expected to lead to an increase in the overall number of couples divorcing as in other countries where no-fault divorce has been introduced, after an initial peak numbers remain the same.

Source link

Dominic Levent Solicitors

Email: Enquiries@dominiclevent.com

Phone: 020 8347 6640

Url: https://www.dominiclevent.com

1345 High Rd

London, London N20 9HR

7 Tips for Dating After Divorce, According to a Dating Coach

spainops — Sun, 27 Feb 2022 14:00:21 +0000

1. Take Your Time

Being newly single affords you the freedom to start meeting new, exciting people. True. But what’s the rush? Make sure you’ve given yourself the time and space to truly appreciate this major life change before moving on to someone new.

“Every relationship, whether you’re married or not, takes time to heal from, regardless if ending it was your idea or not,” Gower tells us. “But marriage, of course, comes with this expectation of a life together and things you planned to do. So it takes a while to unravel all of that and process all those feelings of loss. The loss of a relationship comes with the same process of grief, as if you’ve lost a loved one. There’s no time frame on how long that should or could take, but you have to allow yourself the time to work through those stages of grief.”

2. When in Doubt, Make a List

There’s no right or wrong time to start dating after a divorce. Your ex might be ready next week, and it might take you over a year to agree to go out for a drink. But how do you know when you’re really ready to get yourself out there again?

“What I advise is waiting until profound acceptance; when you wake up and you realize you don’t even remember the last time you even felt any emotion—good or bad—regarding your ex,” Gower says. But that kind of clarity likely won’t sneak up on you all on its own. It takes real reflection to grow from such a dramatic event.

“In the meantime, though, you shouldn’t just be lying around, waiting for that acceptance,” she continues. “You should be encouraging yourself to process those emotions and allow yourself to learn the big lessons of your last relationship. I often advise clients to write down pros and cons of the relationship dynamic, of the traits of their ex, what they did well and what they feel they could have done better, to be able to really learn from those lessons. That processing helps the healing come along much faster.”

3. You Come First

There are a number reasons why a marriage ends. Sometimes you just fall out of love. When it’s particularly ugly, however, (we’re looking at you, infidelity) the pieces of your personality that were a prime target during the breakup, like your self—esteem and confidence, need a little TLC before you can move on.

“You should make sure you’ve fixed those things before you ever enter the dating pool again or you run the risk of being used by people who may want to exploit that vulnerability,” Gower advises. “Finding and entering a relationship should come from a healthy place. Whoever isn’t at their best when starting over is just going to pull their new partner down and the relationship will be unhealthy from the start.” Use this interim time between marriage and a new relationship to go out and enjoy your life as a single person.

“Go to the movies by yourself or hang out with friends,” she says. “Re—learn who you were as a person [before your marriage], since relationships often change that.”

4. …But Use Protection

Guarding yourself from potential health risks when you decide to take a new relationship up a notch (if you know what we mean) is a no brainer, but protect that heart of yours, too.

“Dating should be fun and is about learning more about another person and yourself, too,” Gower says. “If a woman wants to just explore and have fun—as long as she communicates that with whomever she’s dating—then she should go for it. If she is looking for something serious, then go with what feels right, but also make sure the other person is on the same page, with the same expectations, before having sex.”

But if what you’re looking for has a bit more substance to it, Gower says to make that crystal clear. “If you feel you are invested and putting in the effort, and you trust this person to treat you fairly, then there’s no reason to restrict yourself to any rules,” she says. “All that said, it does take time to establish that trust and understanding so it’s unlikely that a first date would be the right time.”

5. Get Over Your “Type”

Ain’t nobody got time for types—especially after a divorce. You thought you knew who or what your type was the first time around, right? Time to throw that way of thinking out the window.

“Experiment!” advises Gower. “Give someone that you wouldn’t have given a second look before a chance. Keep it within reason, of course, with your morals and personality expectations, but what you see on the outside is usually just the tip of the iceberg of who a person is.”

Part of the beauty of this time in your life is that you now have free reign to go on dates and if you don’t like what you find, “then keep it moving,” Gower says. “Just try not to settle for the first ship that sails into your docks after your relationship ends.”

6. Fire Up the Apps

Dating apps probably weren’t a part of your pre-marriage single life. They can be intimidating, and the horror stories some of your friends have shared are pretty deterring (Tinder Nightmares is a thing for a reason). But that doesn’t mean those experiences will be yours–especially if you’re on the right sites.

“Research which apps are most popular in your area to get the largest selection of other singles,” Gower says. “But if you’re looking for something serious, steer clear of Tinder and Bumble and try something paid like Match.com. If you can’t afford it, OKCupid is decent as well and you actually learn a bit more about the person than the superficial stuff before swiping. People who use those platforms tend to be more invested. That said, if you are just looking to explore and have fun, Tinder and Bumble can be great resources. Bumble tends to have higher quality men; and since women message first, you can better avoid the sleazy messages.”

7. Happy Mom, Happy Kids

Finding time to date when you have children can be difficult, but that’s why you moved so close to your own mom, right? Just remember: The happier you are, the happier your kids will be, too.

“Try and remember that just because you have kids, your life and happiness aren’t put on hold for them,” Gower says. “Make sure you are investing that time wisely in people worth the effort before setting up those dates, though. There’s no perfect time for when to introduce the kids, but there’s a nice balance between ‘way too soon, they’ll get attached,’ and ‘I’ll be hurt if I have to end it because they don’t mesh.’”

You might not want to take your ex’s feelings into consideration here, but he or she will certainly still be a part of your life for a good, long time if there are kids involved. Avoid a potentially sticky situation and factor them in when you start thinking about introducing your new partner to your kids.

“Be a good co-parent,” Gower advises. “You don’t need your ex’s permission, but talking about it with them ahead of time—if you have a healthy enough relationship—is the courteous thing to do here.”

There are a lot of things you’re going to have to get used to about your new life post-divorce. While some aspects will be less thrilling than others (hello, single income household), dating should not make your cons list. Have fun, be safe, you’ve got this.

Gallery: Subtle Signs Your Marriage Is Over And You Haven’t Realised It (Best Life)

Source link

Dominic Levent Solicitors

Email: Enquiries@dominiclevent.com

Phone: 020 8347 6640

Url: https://www.dominiclevent.com

1345 High Rd

London, London N20 9HR

The High Court offers guidance regarding multi-party litigation

spainops — Wed, 26 Feb 2020 17:49:05 +0000

A recent High Court decision has considered costs related issues in multi-party litigation. The judgment is a careful examination of claimants’ exposure to adverse costs as well as how adverse costs insurance intersects with requirements for posting security for costs.

Re Ingenious Litigation

In 2014, HMRC launched an investigation into film and video game investments promoted by the Ingenious Media Group leading to enforcement action. Over 500 investors in those schemes subsequently launched proceedings against Ingenious companies, the group chairman and certain banks and advisors, variously alleging negligence and fraudulent misrepresentation. The claims are being case managed together. Although no Group Litigation Order has been made, 28 claimants have served a single pleading with a section covering generic allegations.

At a hearing on 19-21 November 2019, the claimants and defendants argued over issues of liability for adverse costs and security for costs. Mr Justice Nugee gave an oral judgment at the hearing, but he expanded upon his oral reasons in a written judgment dated 10 February 2020, Rowe & Others v Ingenious Media Holdings & Others [2020] EWHC 235 (Ch), which we consider in this short note.

Jointly or severally liable?

The claimants sought an order that their liability to defendants’ adverse costs was several rather than joint. Nugee J drew a distinction between the situation where A and B have a “true joint claim” brought, for example, by “companies in the same group” or “members of the same family” and group claims “brought by hundreds of individual claimants, none of whom [which] are connected with each other” with the Ingenious claims being the latter. Having drawn this distinction between different types of claims, the judge did not decide that there as a “default position” on whether individual claimants in group proceedings had joint or several liability.

Nugee J reviewed the leading case in this area, Ward v Guinness Mahon [1996] 1 WLR, and also subsequent judgments and practice. He noted that in each of the authorities that he reviewed “several liability was ordered…, although it is fair to say that there appears to have been little if any argument on the point.” The question of policy was “on whom should the risk of non-recovery fall”. Risk falls on the defendant if liability is several, and some claimants are impecunious. Risk falls on claimants who pay an adverse costs order on a joint basis, but who are then unable to recover the appropriate share from impecunious co-claimants. The judge noted that the normal position, where a GLO is in place, is of several liability for adverse costs unless ordered otherwise.

Taking into regard all of these factors, Nugee J exercised his discretion in favour of ordering that liability for adverse costs should be on a several basis in this claim.

The judge went on to find that the claimants’ liability for adverse costs should be pro rata to the size of their investments, rather than being per capita. He noted that there was great disparity in the size of the investments, with one claimant having invested £10.5m whereas, at the other end of the scale, 12 claimants had invested £36,000 each. The judge decided in favour of pro rata liability for adverse costs on “basic principles of equity.”

Security for costs

The defendants sought security for costs from the claimants’litigation funder (they would not have sought security had the claimants been jointly liable for costs). Pursuant to section 51 of the Senior Courts Act 1981, a litigation funder can be ordered to pay adverse costs and, pursuant to CPR Rule 25.14(2)(b), a funder can be required to provide security in respect of those costs.

The claimant group comprised some individuals who availed themselves of litigation funding and some who were self-funding their claims. Nugee J held that the funder could be required to provide security for costs for the funded claimants, but not for the non-funded claimants (unless, in “exceptional circumstances”, the funder behaved in such a way as to make itself liable for adverse costs of non-funded claimants). This conclusion followed from the earlier finding that the claimants were severally liable for costs: because the funder was not liable for the non-funded claimants’ adverse costs, it need not provide security for costs for them.

In the context of the security for costs application, there was detailed argument between the claimants and defendants on: (i) the ability of the Claimants to meet an adverse costs award; (ii) the adequacy of the ATE policy limits; and (iii) whether the ATE policies would respond if called upon. In relation to (iii), the judge considered that that there was “a real, and not a fanciful risk, that the ATE policies will not respond in full.” Although there was a non-fanciful risk of the policies not responding, the judge thought it unlikely that all of the policies would fail to respond. Accordingly, he gave some credit for the adverse costs cover, thereby reducing the figure for security for costs.

Conclusion

Nugee J performed a thorough review of the funding and adverse costs cover put in place by the claimants in this case. Other funded cases can expect to have their arrangements closely scrutinised as defendants explore opportunities to fracture the financial modelling of those claims. For high value claims, these arguments are worth exploring for defendants, as the downside is minimal.

On a more macro-level, the rules on liability for costs play a very important role in the viability of group litigation and therefore on the volume of claims which corporates face. The judgment referred to a 1995 Law Society working party report which stated that liability for adverse costs in group proceedings should be several because “Any other arrangement would make the risk inherent in group actions so great as to limit the access to justice solely to those plaintiffs with nothing at all to lose.” Whilst ATE can significantly offset the risk of liability for costs, there is always some risk that a policy may not respond, or cover may prove inadequate. Therefore, in principle, joint liability for adverse costs should be a deterrent to participating in group litigation even if ATE is in place because the consequences of the cover not responding are far greater for individual claimants.

Source link

Dominic Levent Solicitors

Email: Enquiries@dominiclevent.com

Phone: 020 8347 6640

Url: https://www.dominiclevent.com

1345 High Rd

London, London N20 9HR

11 Single Moms on What No One Tells You About Divorce After Kids

spainops — Mon, 27 Jan 2020 10:05:07 +0000

evgenyatamanenkoGetty Images

Divorce sucks. There’s no way around it. Even if you’re positive that it’s the right thing for you and for your family it’s still not the outcome anyone hoped for when you clutched a bouquet and swapped rings in front of all your friends, God, and the caterers. Even the friendliest divorce makes life more complicated for you, your kids, and their other parent—and too often divorce is the opposite of friendly. That said, for many women divorce is an optimistic act, an affirmation that they believe there’s a happier future waiting for them, if they hang in there through the hard adjustments. In that spirit, here’s some learned wisdom from been-there-and-back single moms, some newly separated, and others with their unhappy marriages more than a decade in the rear view.

Decision-making can be much easier.

“I remember when my ex first moved out my son and I painted a wall bright yellow simply because I wanted to. Before, everything had to be ‘approved’ by him, so hanging up a picture could take days! Painting the wall yellow was symbolic of my freedom.” —Janie, 50, Calabasas, CA

RELATED: 15 Men Reveal the Moment They Knew They Wanted a Divorce

2

Single-mom friends are a must.

“A lot of the things you face are not the same as your married friends. It can be really helpful to have a little tribe for yourself, people who understand the logistical and emotional implications of being a single parent and who will do favors for you: pick up the groceries, go get your kid. It feels a little weird asking married friends to do this, because they don’t quite get the priority or urgency of what you’re asking. And it’s important to have other parents to talk to about things that are unique to your situation.” —Karen, 53, Northampton, MA

3

You may regret having been “nice.”

“I didn’t insist on child support, because I wanted to maintain a friendship with my ex and I was the one leaving. I felt that acting in ‘good faith’ would be more beneficial to our long-term relationship, and that showing I trusted him would beget trust. But you really need to protect yourself financially. When things got really critical with our son later on, I had to take him to court and it was a big drama. At the time I thought we’d be friends for the next 20 years, but there were later stage consequences for my naivety.”—Julianna, 53, New York City

RELATED: 15 Ways to Make Dating After Divorce Easier

4

Aiming for perfection is a waste of energy.

“When we first split up, I felt like I needed to be ‘extra’ for my kids—extra attentive, extra fun, extra ‘on it.’ I guess I thought that if I was supermom, it would make the divorce easier for them. But I was exhausted, so that didn’t last, and I’m not sure they really even noticed! Once we were settled, we all relaxed into the new normal. The important thing is to be there for them in the way they need you, not to kill yourself making everything seamless.” —Tara, 47, New York City

5

Your ex may piss you off in new and different ways.

“We’ve all heard the stories about how the mothers did all the work and the dad zoomed in and out, basically only doing the fun stuff. Honestly, I didn’t think I’d care or mind. I was wrong. When I am struggling to figure out if we can swing Hulu Live or if we should stick with the basic Hulu with commercials, it doesn’t feel great when he gets her the latest iPhone or takes her on an expensive vacation. But I think the kids understand more in the moment than we realize, especially as they get older. They get it.” —Michaela, 35, Austin

6

Divorce can make you a better mom.

“My ex and I had different styles of relating to the kids and moving through the world, and when we were together, to be respectful to him, I found myself holding my tongue when I didn’t like how he was handling something. After we split up, I found my own voice and I became less reactive and more calm and measured in my approach to my kids. It made me a better mom when I could really listen to them without someone else’s voice there. And I think it made them appreciate our differences.” —Stacey, 56, Chevy Chase, MD

RELATED: 40 Celebrities Get Real About Their Divorce

7

Your friendships will change.

“Some people don’t want to choose between divorcing partners. If they don’t choose, they won’t be close with either of you. Lean in to the people who choose you and build stronger friendships with them.” —Sarah, 43, Milwaukee, WI

8

The transitions are intense.

“I’m lucky that my kids are with their dad half the time and that I don’t have to worry about them when they’re with him. But it can be really hard to be so involved in every little thing, like the test they’re studying for or friend drama or whether they have all their stuff for a few days, and then … silence and an empty apartment. It’s very all-or-nothing and sometimes I feel like a tornado blew through. It’s lonely when they first leave, but also kind of a relief!” —Tara

9

You may need to fake it for a bit.

10

You’re better at money than you think.

“I realized I was very capable of handling money, something my ex-husband always acted like I wasn’t good at. I made good financial decisions regarding our son, contrary to his beliefs about me. It felt really good to see that and recognize it.” —Janie

11

There’s pressure to pair off again.

“If you get involved with someone else, there is a ton of pressure to move that person in and get remarried, at least where I live. It puts extra pressure on you and your family and it can short circuit your healing process. Getting over a marriage ending is not linear—I’m five years out and a of the time I feel good, and then I see there’s some other piece to deal with.” —Karen

12

You’ll be the odd woman out sometimes.

“You may not always feel like you fit in at things like parent gatherings and get-togethers where it appears that the whole world has significant others. But it’s OK to relish the fact that you now have freedom and that you’re not bogged down by your marriage.” —Sue

RELATED: Reba McEntire Reflects on Feeling “a Lot of Lows” After Her Divorce

13

You need a system.

“On paper we have 50/50 custody, but in practice I’m the anchor, doing more for them and spending more. They wait until they’re with me to ask for stuff because they don’t want to deal with explaining it to him. I’m going to start using an app to put our expenses in so at least there’s a record of that.” —Rebecca, 33, Westport, CT

14

“You” time is important for you, and the kids.

“You must take time for yourself or you won’t be worth anything to anyone. That old saying is true, put your own air mask on first. When other people offer to help care for the kids, take them up on it! Don’t try to be a martyr.” —Sue, 63, Edison, NJ

15

The day-to-day is less frustrating.

“My married mom friends are always talking about how they are resentful about not getting more help or how their partners don’t get it. I don’t have that…and I love it! I don’t have to rely on other people to make my holidays nice and no one criticizes me for making an easy dinner after a long day. I do kinda miss having someone to take out the trash, but now my daughter is old enough to help with those things, too!” —Crystal, 39, Klamath Falls, OR

Stephanie Dolgoff
Deputy director, Health Newsroom, Hearst Lifestyle Group
Stephanie, an award-winning journalist and New York Times bestselling author, has written and edited about health, fitness, and wellness for such publications as Good Housekeeping, Self, Glamour, Real Simple, Parenting, Cosmo and more.

Source link

Dominic Levent Solicitors

Email: Enquiries@dominiclevent.com

Phone: 020 8347 6640

Url: https://www.dominiclevent.com

cash, check, credit card, invoice

1345 High Rd

London, London N20 9HR

ADR helps people get justice speedily

spainops — Sun, 26 Jan 2020 10:05:07 +0000

Disputes arise in all organisations. Dealing with a dispute constructively can enable an organisation achieve its ultimate objectives, save on resources, avoid financial losses, and protect its reputation.

In contrast, failing to effectively manage a dispute can negatively impact on the organisation damaging its internal and external relationships and morale. It is beneficial for an organisation to have an effective dispute resolution strategy to ensure that it consistently uses the most appropriate forms of dispute resolution. The ultimate goal of such a strategy is to ensure that disputes are managed in a way that is in the best interests of the organisation.

The default dispute resolution processes within many organisations are negotiation, litigation and arbitration. The drawbacks of litigation and arbitration are that they can be time-consuming and expensive. Alternative dispute resolution (ADR) encompasses a range of options, falling between litigation and arbitration on the one hand and negotiation on the other, for effective resolution of disputes.

ADR is a widely accepted and appreciated method for reducing the number as well as cost of suits in many countries. Many developed and developing states have gained tremendous success in reducing backlogs by adopting ADR.

Disposal of suits and litigation through ADR is sure to enhance the quality of social justice and thereby contribute to promotion of harmony and peace in society, both of which are pre-conditions for meaningful development in social, cultural, economic and other spheres.

In fact, mediation, conciliation/reconciliation, arbitration and other forms of ADR are important vehicles for promoting social harmony.

On the other hand, ADR is an alternative route for reaching a speedier and less-expensive mode of settlement of disputes. It includes mediation, settlement of disputes, arbitration and other ways that are voluntary and not compulsory.

Most countries of the world have adopted ADR mechanism and achieved tremendous success in reducing backlogs and increasing access to justice for the poor. The concept of ADR was first inserted in Section, 10(3) and 13(1) of the Bangladesh Family Court Ordinance of 1985, wherein there is provision for compromise or reconciliation even before pronouncement of judgment.

However, there was no implementation of the provision until a special pilot project was taken on ‘Mediation as a measure of ADR’ in June, 2000 under the supervision of the then chief justice of Bangladesh. Under that project, three Assistant Judge’s courts of Dhaka were specified as exclusive Family Courts for the purpose of mediation.

At that time, a circular was issued from the High Court Division providing credit of two trials for one successful mediation in a family dispute and the credit of one trial for two unsuccessful mediations. This circular inspired the Family Court judges to give more efforts to mediation in Family Court cases towards achieving success in dispute resolution.

The success pertaining to cases of dower money and amicable, peaceful and quick settlement of disputes through mediation in the Family Courts inspired the government and the policymakers as well to widen the scope of ADR through other legislations.

Accordingly, ADR mechanism was introduced for the first time in general civil litigation in 2003 by the Code of Civil Procedure, and by the Artha Rin Adalat Ain respectively. The Code of Civil Procedure (Amendment) Act, 2003 embodied two new sections (89A, 89B) designed for ADR mechanism in all civil suits and cases.

In this context, the Bangladesh International Arbitration Centre (BIAC) deserves appreciation for making substantial progress in popularising the concept of ADR among various stakeholders including the government, banks and financial institutions, corporate houses, lawyers and even law students. The law and policy makers have realised the need for alternative measures where mediation has started to feature in a subtle but definitive way.

Teaching and promoting the ADR at undergraduate and university levels is very important because it will promote a culture where litigation would not be preferred or promoted which will change the mindset of people. There is a need for introducing ADR courses in legal education.

The BIAC has made a number of achievements in applying best practices of the ADR in the country by facilitating arbitration and mediation and also by arranging training programmes on ADR at home and abroad for representatives from banks and financial institutions, government, legal fraternity, corporate institutions and law schools/colleges.

The government is working on incorporating ADR in different existing laws in order to make the dispute resolution system easier and less time-consuming. Many economists are now praising the role of the BIAC for settling commercial disputes out of court during the last seven years.

Bangladesh needs ADR-friendly legislation reforms to engage institutions like BIAC so that international commercial arbitration cases from abroad can be held in Bangladesh instead of only being directed to Singapore.

However, mere inclusion of ADR clauses in contracts is not enough unless laws are amended to make their enforcement easier. In this connection, the mandatory provision of arbitration and pre-litigation mediation must be included in the proposed legislation.

There is, in fact, no alternative to the system of ADR for freeing the judiciary from the huge backlog of cases. There are 2.8 million pending cases in the lower courts. If a dispute can be settled through ADR outside the court before it turns into a case, wastage of valuable time and money can be averted.

In the circumstances, the country should hasten the process of popularising the ADR system without any delay. There is a need for collaboration through arbitration-mediation where both parties are equally benefited.

Such effort should get prime importance in view of the fact that ADR process can be of great help in strengthening the legal framework, which, in turn, can certainly bring about changes so that people can get justice speedier.

szkhanfe@gmail.com

Source link

Dominic Levent Solicitors

Email: Enquiries@dominiclevent.com

Phone: 020 8347 6640

Url: https://www.dominiclevent.com

cash, check, credit card, invoice

1345 High Rd

London, London N20 9HR

2 steps to take control of your money again after a divorce, according to a financial planner – Busi…

spainops — Fri, 24 Jan 2020 10:05:07 +0000

Divorce is difficult both personally and financially, and rebuilding your financial life on your own can be difficult.

A financial planner suggests that anyone dealing with divorce take stock of what their financial life will look like post-divorce, and decide where they want to be.

Then, she suggests finding a financial planner to help achieve those goals with objective financial advice.

SmartAsset’s free tool can help find a financial planner near you »

Divorce is expensive.

Whether you’re paying spousal support, paying down debt, or dealing with the costs of a divorce itself, it’s not cheap. As Insider’s Erin McDowell reports, the average cost of a divorce in the US is $15,000 per person for all the fees, mediation, and attorneys involved.

If you’re faced with figuring out how to rebuild your financial life after a divorce, the most important thing is to assess your situation, and then find a professional to help, according to Ylisa Sanford, a financial planner and Ameriprise private wealth adviser based in Santa Rosa, California.

1. Take stock of your current finances, and set goals for the future

Knowing where you’re starting is the first step, Sanford says. “It’s extremely important to start out not with implementing advice, but to start out with analysis,” she says. “That really needs to be asking yourself, ‘What is my new normal? What does my new life look like? And, where do I want to be?'”

“Part of what people are required to do in the process of divorce is go through their different expenses,” Sanford continues. This might also be a good time to draw up a budget for your new life, check in on your saving and spending habits, and check on your retirement savings, too.

“I really suggest people start out with just analyzing where they are and where they want to be,” she says.

2. Find a financial planner

Her next step: Find a good financial planner. “Start working with someone who, in my recommendation, can act as a fiduciary (someone who takes an oath to put your best interest first), and can provide objective financial planning advice,” she says. Finding a planner who is fee-only, or paid only by client fees rather than by commissions through products they sell, can be a good place to start.

Her suggestion is to find a financial planner who “you can collaborate with and have a very candid relationship with.” After all, you’ll be going through a lot with this person, so having someone you can be yourself with is critical.

“What someone may want to do two months after a divorce, they may not feel the same way about six months later, simply because so much has changed in their physical and emotional health,” Sanford says. Having a neutral party to help with your financial choices can be a big help after a divorce.

Sanford says it’s all about choosing the right balance of personality and skills in a financial planner. “Find someone who understands the advantages and disadvantages of how you want to get assets from the marriage,” she says. “Find someone who really understands what’s in your best interest, can work with you, and who can work as a fiduciary,” she says.

SmartAsset’s free tool can help find a financial planner near you »

Source link

Dominic Levent Solicitors

Email: Enquiries@dominiclevent.com

Phone: 020 8347 6640

Url: https://www.dominiclevent.com

cash, check, credit card, invoice

1345 High Rd

London, London N20 9HR

Why January is known as divorce month and what to do if you’re thinking of separating

spainops — Fri, 10 Jan 2020 16:16:57 +0000

Although divorce rates have fallen to their lowest level since the 1970s, separation continues to spike after the festive season.

Many attribute the stress and financial burden of trying to create the perfect Christmas as the reason why many married couples head for divorce in January.

Divorce Day, which falls on the first Monday back at work after the Christmas period and this year is on January 6, is when many look into the legal separation process. Family lawyers and support organisations receiving more enquiries in the New Year than at any other time.

There were 90,871 divorces in 2018, a decrease of 10.6 per cent compared with 2017 and the lowest number since 1971.

Couples are also staying married for longer before they divorce – 12.4 years for those divorcing in 2018, up from 9.6 years in 1996.

Divorce Day (the first Monday back at work after Christmas) sees a big surge in separation enquiries
(Image: Getty Images)

But analysts suggest that these figures are due in the main to marriages taking place later in life and often following a longer period of living together.

The decrease in divorce rates also reflects that there are far fewer marriages taking place overall, at nearly half the number of 1974.

Plymouth Live spoke with family lawyer Rebecca Moloney at Wolferstans, to find out more about how divorce rates have changed over the years.

“Unreasonable behaviour remains the most common reason for divorce with 51.9 per cent of wives and 36.8 per cent of husbands petitioning on this ground,” she said.

“At present, the only grounds for divorce in England and Wales is that the marriage has broken down irretrievably, through adultery, unreasonable behaviour, the rarely used ground of desertion, two years of separation where both parties agree to divorce, or five years’ separation in which case the consent of the other party is not required.”

Rebecca added: “There has been much discussion over the last twelve months about changing the law to allow for no-fault divorce, without the need for a long separation.

“Such a change would hopefully allow couples deal with divorce in a more amicable way. We are still waiting for this legislation to go through Parliament and at present there is no confirmed timescale.”

At Wolferstans, the team recognises that clients need support to navigate the legal process. With help and guidance, Wolferstans can help you to separate in a non-confrontational way, which is particularly important when children are involved.

January is the most common time for couples to seek a divorce
(Image: Shared Content Unit)

Wolferstans is a member of a Resolution which is an organisation made up of family lawyers and other professionals who promote a non-confrontational approach to resolving family disputes.

The solicitors adhere to the Resolution code of conduct in order to help separating couples deal with the consequences of relationship breakdown with as little acrimony as possible so that you can try to maintain a relationship for the benefit of your children in the future and avoid unnecessary conflict.

Wolferstans encourages parents to talk to their children and prepare the ground for separation and divorce, by avoiding accusations and placing blame or asking children to take sides.

Wolferstans has three solicitors who are trained to run cases through the Collaborative Law process.

Collaborative law aims to help you to resolve matters concerning family breakdown away from the court.

Both parties have their own Collaboratively trained lawyer and are supported to find a way forward in order to achieve the best possible outcome for your family.

The Collaborative law team at Wolferstans is made up of Vikki Martin, Phillip Thorneycroft and Rebecca Moloney, all of whom are experienced family solicitors who can advise on all aspects of relationship breakdown.

To find out more about divorce and separation, including the Collaborative law process, visit the Wolferstans website on www.wolferstans.com or contact the new client team on 01752 292288.

Source link

Dominic Levent Solicitors

Email: Enquiries@dominiclevent.com

Phone: 020 8347 6640

Url: https://www.dominiclevent.com

cash, check, credit card, invoice

1345 High Rd

London, London N20 9HR

Why You Should Mediate Your Divorce Instead of Litigating It

spainops — Wed, 01 Jan 2020 10:22:20 +0000

Mediation is a process in which a neutral third party meets with you both, facilitating conversations to help you settle all issues in your divorce: custody, parenting time, child support, spousal support, property and debt division and taxes. The mediator helps you stay calm and rational and ensures that all topics necessary for divorce resolution are discussed. By mediating from the beginning of the case, preferably before either of you files in court, you avoid the delays, excessive legal bills, and trauma that result from the traditional adversarial court process. Most importantly, you protect your children from the turmoil of seeing their parents fight it out in court.

Mediation works even if you are very angry or hurt, even if you can’t talk with each other very well, as long as you are both willing to try, willing to be open to the possibility of finding mutual resolutions that will work for you and your family.

1. Mediation Makes More Sense (and Cents) than Litigation.

Most filed divorce cases, more than 95%, settle, so it makes sense to start out in settlement discussions. With early mediation, from the first session, you discuss resolutions, with the mediator guiding your discussions, helping you stay focused and rational to identify options and find solutions. You talk directly with each other and work together to get the information you need for wise decision-making and to reach resolutions you both can truly live with. You are both “given the floor” and the mediator ensures each of you are heard and understood and that the discussions proceed respectfully and productively.

With litigation, the first two to three months are spent with lawyers filing motions in court and submitting “Discovery” to the other side.

Motions are requests to the court and typically ask the judge to decide issues of temporary child support and temporary parenting plans, as well as how to deal with finances while the divorce is pending (each side submits a brief explaining why they are right, the lawyers then fight for their side in court, and the judge rules). You are paying your attorneys to write and respond to these motions and for their time in court. The results of these motions will be temporary orders, so there will still be fighting to determine the final court order or final settlement.

Discovery is the process of gathering any information that could possibly be relevant to your divorce, and often attorneys have templates they use, which they send out in almost every case, not necessarily tailored for your specific needs, sometimes 20 to 30 pages long. You, of course, also pay your attorneys for creating and responding to Discovery requests and for reviewing all documents exchanged. Plus, during these months, there is usually little to no discussion of settlement, and you and your spouse are often counselled not to talk to each other about substantive issues, but rather to talk only to the attorneys.

Mediation also requires full disclosure of all information, but you exchange only the information you actually need for knowing decision-making. From the beginning, you discuss everything together, including this information exchange, but also how to handle finances and parenting during mediation and upon divorce; together you will determine how to meet your needs and the needs of your children in a way that works for all of you. Every moment is spent in direct communication with each other, for the purpose of moving you forward efficiently and effectively.

2. You Are In Control of All Decisions, including whether to use attorneys and other professionals.

One of the main purposes of mediation is self-determination. You are in control of how the process will work, what information is discussed and exchanged, and what decisions are made.

In addition, you get to decide if you want attorneys involved and if so, how much or how little to use those attorneys. Some mediation clients do not use attorneys, some use them only as consultants, to provide negotiation coaching and advice between sessions and to look the agreement over before signing, and some people use attorneys to attend sessions with them to help them negotiate. Usually, mediators have attorneys they can refer you to, attorneys the mediator trusts, who are trained in helping mediation clients. These attorneys understand that if they are referred for mediation, their role is different – their role is not to take over the case and win a war, their role is to be counselor and advisor, to help you reach a settlement that is in your best interest and your family’s best interest. Attorneys in this role, naturally, spend much less time on your case than if they litigated it, so their fee is far less. Mediators also can refer you to financial advisors and divorce or parenting coaches as necessary.

So, you do not have to choose between mediating or having professionals help you, you can have it all.

3. Mediation Saves You Time, Saves You Money and Is Less Stressful.

Many people who have never been involved in a lawsuit think you get your day in court to tell your story, and then the judge issues a decision. That is just not how it works. Because most cases settle, you will likely never get in front of a judge! Beyond that, even if you do have a trial, you won’t really get to tell your story unfettered, because trials are conducted by attorneys asking witnesses questions, not by witnesses providing long narratives. The reality is that the path to trial is long, stressful, adversarial, very expensive and rarely leads to satisfying results.

The purpose of mediation is to get you talking about how to settle every issue right away, so the process is usually much faster, much less expensive, much less stressful and overall much more satisfying than litigation.

* DEFINITIONS AND EXPLANATIONS:

Litigation. This is the traditional process, where each spouse finds a lawyer and you fight it out in court. Opposing attorneys look for ways to weaken your spouse and instruct you not to talk with each other about any substantive decision-making but instead, to talk through attorneys. Most often, a judge will send you to late-stage mediation (defined below) after many months of fighting.

Early-Stage Mediation. Here, you find a mediator together and start the process early, before positions and feelings harden. Settlement discussions begin immediately, with the mediator guiding the conversations, and you talk directly with each other, resulting in a much shorter and more peaceful overall process. Each of you may have an attorney, but the attorneys have a very different role; instead of taking over the case and going to war, they become your counselors and advisors, with the goal of helping you settle all issues using mediation.

Discovery – Attorneys often send to the other party 20-30 pages of questions and request for production of documents on any subject that may be relevant to any divorce proceeding (not necessarily specific to your case). Attorneys may also schedule Depositions. Discovery can continue until trial but usually has earlier deadlines. Attorneys and parties spend many, many hours gathering and reviewing documents, determining what to submit and how to answer questions. Parties, of course, pay the attorneys for all hours expended. In contrast, early stage mediation requires voluntary disclosure of the specific information needed to make informed decisions in your case, and both spouses sign documents attesting that they have fully disclosed all information.

Ex Parté – Ex Parté generally means that only one party must be present; ex parté orders are orders granted on the request of and for the benefit of one party. Parties can file to request such orders at any time, but some attorneys file for them immediately. In contrast, the mediation process focuses on agreements that benefit both parties.

Mediator Phone Screening. Mediator talks with each party to ask more personal questions about the parties’ relationship and how they communicate with each other, to make sure mediation is appropriate and to help the mediator design the process to be most effective for the parties.

Mediation Conclusion. Average for mediation without minor children is 4-5 sessions. Average for mediation with minor children is 5-6 sessions.

Settlement Agreement Binding. A signed agreement is legally binding, and parties may begin parenting plan, sharing of children’s expenses, child support, spousal support, and property and debt division as stated in the agreement; Clients often feel divorced upon signing.

Late-Stage Mediation. If the case does not settle, the next step is trial. Typically, late-stage mediation is all in one day, sometimes going into the evening, with lots of pressure to settle that day, which may lead to buyer’s remorse the next day! Parties are often in separate rooms with their attorneys, and mediator shuttles back and forth between rooms, meaning that the parties are not working together to resolve.

Joint Filing. New Court rule allows parties with settlement agreements to file jointly, using non-adversarial language. Parties need to convert settlement agreement into a Consent Judgment of Divorce, and this document acts as Complaint, Answer, and Summons. The only court proceeding is the final court hearing to have a judge sign the Judgment.

Judgment of Divorce. All parties must wait at least 60 days after filing before Court can enter Judgment of Divorce. There is a 6- month waiting period for parties with minor children, but most judges will waive for parties who have settled all issues, allowing judgment entry any time after 60 days.

Source link

Dominic Levent Solicitors

Email: Enquiries@dominiclevent.com

Phone: 020 8347 6640

Url: https://www.dominiclevent.com

cash, check, credit card, invoice

1345 High Rd

London, London N20 9HR

Tips for surviving your deposition in employment-related litigation

spainops — Thu, 26 Dec 2019 17:17:09 +0000

If you are a human resources professional, chances are that you will have the “opportunity” to be deposed in some form of litigation during your career. Depositions are where attorneys for the parties to the litigation get to ask questions of witnesses “on the record.”

Testimony is then typed up in a nice, neat transcript that the attorneys use as part of the evidence to help them prevail in the litigation. This article contains some practical tips on how to conduct yourself if you are ever called upon to be deposed.

1. You Cannot Prepare Too Much

The attorney for your employer (or your own if you are sued individually) will definitely need to meet with you well in advance of your deposition. Prior to that meeting, you should carefully review all the documents or other evidence that has been produced about which you have knowledge.

The attorney should go over the facts of the case, the lines of questioning and even the legal arguments that you may reasonably expect.

You do not need to be a legal expert and you are certainly not expected to argue any legal theories, but it is helpful to be generally acquainted with the overall legal strategy. After all, as much as we would like it, the attorney is not likely to be able to anticipate or prepare you for every single question that you may be asked.

Most attorneys have helpful handouts or even videos that they show you to get you comfortable with the process. Review these aids several times and pay close attention to them. Do your best to assimilate the advice from them when you are under oath and responding to questions.

It is helpful for the attorney to do a mock examination with you where he or she plays the role of the attorney who will be deposing you. They will ask you the questions they expect you to be asked and help you formulate precise answers without rambling or introducing facts that are not yet in the record. They can point out ways to improve your testimony or approach and help you practice being an effective deponent.

Through the mock examination exercise, you can learn how different lawyers try to rattle you. Some are yellers and others take a more “stealth” approach. Sometimes the quiet ones can actually be the sneakiest and most effective for the other side, because your guard may not be up with that personality type the same way it is if the attorney is yelling at you or in your face.

Some lawyers even take their witnesses to the courthouse. At a minimum, the attorney should brief you on the physical surroundings where you will be deposed. Again, the idea here is to make you as much at ease with the situation and process as can be possible under the circumstances.

Probably the biggest mistake that employers and their counsel make is not spending enough time on the preparation for important depositions. The consequences of not being prepared can be catastrophic for your side of the case.

2. Stay Calm and Composed

Even people who have been previously deposed get nervous and anxious when they are being deposed. The uncertainty of the questions and the fact that your words are being transcribed right in front of you can be unnerving.

You need to do your best to remain as calm and composed as possible. Breath slowly and pause between the question and your answer. Remember that in a normal deposition, one that is not on video, the transcript will not reflect the time you took between answers to formulate your answer.

Be confident in your preparation and just tell the truth as you know it. Lastly, the attorney on the other side will find creative ways to shake your confidence or to get you to lose your cool. If you feel you are under siege, ask for a “comfort break” and try to regain your composure.

3. Be Direct and To the Point

Most attorneys will usually start by telling you to “tell the truth,” but you should only respond to the literal question you are asked. Give direct and simple answers and do not volunteer anything more than information that is directly responsive to the question you are asked.

In a deposition, the less you say, the better. After the deposition your attorney has ways to introduce additional testimony through a well-phrased affidavit or other evidence.

While there is no precise rule or standard, answers of one or two sentences or 10-15 words should be sufficient to respond to any question. If you don’t supply enough information or your reply is too short, it is incumbent on the attorney deposing you to follow up and ask additional questions. Plus, the more you say, the more it opens you up to even more questions from the attorney deposing you.

4. If the Deposition Is by Video, Plan Accordingly

In our modern world, more attorneys want to take video depositions. They will then try to use the video or clips from it to show to the judge or jury.

If the deposition is video-recorded, think about what the judge or jury will see: how will you dress? How will your body language or facial expressions look? Did you look straight at the camera as if you were testifying in person or were your eyes “shifty?” Did you fidget or appear unduly nervous? Did you speak audibly so you could be clearly understood? Did you look serious?

5. Your Deposition Is Probably Not Where You Should Try to Win Your Case — But You Can Lose It There

Make sure that you have a strong command of the facts. Tell the truth, because the worst thing you can do is to be proven to be a liar or to lack credibility.

Do not be misled into guessing, speculating or giving information about which you do not have firsthand knowledge.

If you truly do not know or cannot recall, say so. But, make sure that the attorney on the other side cannot prove you really did know the answer and were trying to be deceptive.

Source link

Dominic Levent Solicitors

Email: Enquiries@dominiclevent.com

Phone: 020 8347 6640

Url: https://www.dominiclevent.com

cash, check, credit card, invoice

1345 High Rd

London, London N20 9HR

Family court for separating parents: backstop or first base? – Family Law

spainops — Fri, 13 Dec 2019 17:17:10 +0000

Let’s consider some of the issues that separating families who come to NFM find themselves having to face:

Who gets the Bonzo, the family dog?

Who takes little Jemima to her dental appointment?

Who’s going to Jemima’s parents evening?

Which set of grandparents sees Jemima on Christmas Day?

I ask you to consider: are these ‘legal’ problems? I’m sure you will agree that in essence, they are not.

But they have become perceived as such because separation and divorce is now framed as a ‘legal’ problem, or a series of them. I’d argue that separation and divorce arise in fact because of a series of ‘human’ problems which, in some cases, have a legal element to them.

NFM knows from experience the family court can not only fail to assist separating couples, it can actually get in the way of resolving their issues. In 2015 we ran a DWP-funded pilot programme which saw mediators working in family courts. They helped parents who had become entrenched in court processes to suspend legal proceedings, and meet with mediators to help them negotiate long-term arrangements for children, property and finance. The mediators coached parents to improve their negotiating skills and communicate more positively.

Over 300 families were helped by the project. Three quarters reported reduced conflict and stress, and an increase in positive communication. There were huge numbers of cases which were settled with mediator intervention, having been stuck in family courts for years – in one case a staggering 55 court appearances had been had since the 10 year-old child’s birth.

It showed how couples who had become entrenched in court conflict can, with the right help, find an exit from the drama and move on in a positive way … despite the court, not because of it.

I also want to consider separation experienced by cohabiting parents, for whom the law is very different to that for married couples. Whether you instinctively feel ‘for’ or ‘against’ the concept of family court being the right place for separating parents, there is no doubt that court powers to bring resolution for separating cohabitee parents are very limited indeed.

Some 48 per cent of children are born outside a marriage – a figure likely to rise, not decline. An unreformed family court culture can offer precious little help to those children if their parents separate.

Which is why I contend the family court as it stands is not fit for purpose… at least, not fit for the purpose our culture has assigned to it in separation and divorce.

Sadly, in most separation and divorce cases the court has become more than a backstop. In the new post-general election era, if that is what we find ourselves in, then Ministers, civil servants and family law professionals need to work together to get family court to a position of last-resort backstop. Not the first base it has sadly become.

Source link

Dominic Levent Solicitors

Email: Enquiries@dominiclevent.com

Phone: 020 8347 6640

Url: https://www.dominiclevent.com

cash, check, credit card, invoice

1345 High Rd

London, London N20 9HR

Family courts need help on domestic abuse | Opinion – Law Gazette

spainops — Fri, 29 Nov 2019 14:00:21 +0000

Allegations of domestic abuse are made in more than half the cases heard by the family courts of England and Wales, the president of the High Court family division said last week. Why are they so difficult to resolve?

The answer, as Sir Andrew McFarlane (pictured) explained, is that it is often one parent’s word against the other’s. If there is independent evidence, the courts may have to wait months for it. ‘We need to increase the ability of the court to get information from the police and from other agencies,’ McFarlane told me in an interview for Law in Action on Radio 4.

The number of days on which the family court now sits undertaking family work is 91,000 court-days a year. The best research we have is the allegations of domestic abuse are made in about 60% of all family cases

Sir Andrew McFarlane

That may not be easy. The police, needless to say, are overstretched. And if the evidence is to be found on a mobile phone then downloading it will be costly and time-consuming.

Should the alleged abuser – typically, the father – have unsupervised contact with his children in the meantime? If the court allows this, the children may suffer further abuse. If the court refuses contact and the allegations are not proved to the necessary high degree, then the child’s relationship with a parent will have been damaged for no good reason and restarting it after as long as six months may prove difficult.

Bob Greig of the support group OnlyDads called for a triage system to prioritise cases. ‘If there is domestic abuse and one parent is a danger to the child,’ he told me, ‘it’s in the child’s interests that this is found out really quickly.’

McFarlane, the senior family judge in England and Wales, said the volume of cases made delay inevitable. ‘The number of days on which the family court now sits undertaking family work is 91,000 court-days a year. The best research we have is the allegations of domestic abuse are made in about 60% of all family cases.’

He was sure improvements could be made. One challenge was legal aid: the alleged abuser might not be legally represented. Decisions on contact were often made by benches of lay magistrates and more training would help. Court guidelines – currently contained in practice direction 12J – had been revised twice in the past 10 years and could be further improved.

Earlier this year, the Ministry of Justice invited court users to say how well they thought the family courts were protecting children from abusive parents. More than 1,200 responses were received, 63% representing mothers and 17% on behalf of fathers. Similar questions were asked by an expert panel at roundtable discussions and focus groups.

A brief progress update published last month reported that ‘victims of abuse felt that their experience of family court process (including but not limited to direct cross-examination by their abuser) was degrading and retraumatising’. No surprise there: clause 75 of the recent Domestic Abuse Bill would have put a stop to that sort of questioning. The bill lapsed when parliament was dissolved this month, but the government has promised to bring it back after the election – and it has all-party support.

According to the progress report, court users had also ‘raised concerns about how the family court prioritised the child’s relationship with a non-resident parent over the welfare of the child and the risks to which this could expose the child and other parent’. To protect victims and children from further harm, the panel reported, there was a need to address ‘systemic issues in relation to how risk is identified and managed’.

Does that mean telling judges to take fewer risks? Will fathers see their children less often? Courts can certainly reduce the likelihood of abuse by denying non-resident parents unsupervised contact. But some contact with each parent, however limited, is likely to be in a child’s best interests. Older children may express a clear wish to see a parent who has been abusive in the past. And courts are well aware that allegations of abuse against a non-resident parent may be exaggerated or even fabricated.

On the other hand, the family courts define domestic abuse widely enough to cover coercive and controlling behaviour. Emily Hilton of the NSPCC painted a disturbing picture of children being taught by an abusive parent to lock the other parent out of the house in the rain or to claim that a meal had not been cooked properly by the resident parent and throw it in the bin. ‘Domestic abuse has been shown to have profound emotional and mental health impacts on children and young people,’ Hilton said. They were at risk of having unsafe relationships in the future.

We expect courts to have foresight, but we judge their decisions with hindsight. The consequences of a misjudgment can be devastating – not just for the child but also for the judge. In deciding what is in the child’s best interests, family courts need all the help we can give them.

joshua@rozenberg.net

Source link

Dominic Levent Solicitors

Email: Enquiries@dominiclevent.com

Phone: 020 8347 6640

Url: https://www.dominiclevent.com

cash, check, credit card, invoice

1345 High Rd

London, London N20 9HR

Sure your small business won in court, but good luck collecting the money – The Globe and Mail

spainops — Wed, 27 Nov 2019 14:00:21 +0000

Many judgment creditors are forced to effectively decide whether they are willing to go double or nothing.

Allison Speigel is a commercial litigator and partner with Speigel Nichols Fox LLP, a boutique commercial litigation law firm.

Nobody realizes just how discouraging our judicial system can be until they are faced with the prospect of having to collect on a judgment debt – particularly when the debtor in question is a fraudster. I have had many discussions with prospective clients who ask: “We sued somebody and won, but they haven’t paid – how do we collect what is owing?” Many of these judgment creditors believed that all of their legal problems ended when they won their cases. After spending, potentially, hundreds of thousands of dollars fighting a lawsuit, it is not surprising that people are often displeased and, indeed, shocked to learn that the collection process can be as cumbersome and expensive as the underlying litigation. Many judgment creditors are forced to effectively decide whether they are willing to go double or nothing.

Why can it be so difficult to collect?

Story continues below advertisement

No assets: Some debtors legitimately don’t have any assets. What happens if you spend $150,000 to win a lawsuit only to learn that you cannot collect on the judgment? I suggest you frame the order because it will likely be one of the most expensive pieces of paper that you have ever fought to receive.

Lack of tools: While our legal system provides creditors with many tools, it has a surprising number of shortcomings. Consider, for instance, the following scenario. Sally, a business owner, learns that her long-time accountant, John, stole $250,000 from the business. Sally’s corporation sues John and, after emotionally exhausting and expensive litigation, the corporation wins. Months go by, however, and John doesn’t pay. Sally is not concerned because she “knows” that John has money: He lives in a beautiful house and lives a lavish lifestyle. Sally lawyers-up.

Documents produced in the underlying litigation reveal that the stolen money was transferred to bank accounts in Cyprus. Sally’s lawyer explains that not only are the odds of recovering that money low, the related costs of trying to do so are high.

Sally’s lawyer then explains that John and his wife jointly own their $3-million house. Jackpot, right? Not so fast. Her lawyer sighs before explaining that while it is certainly possible to sell John’s 50-per-cent interest in the house, it is not actually easy to do. Why? Because most prospective buyers are only interested in buying a whole house, not half an interest in a house. Her lawyer explains that Sally may be forced to jump through countless expensive legal hoops to sell John’s half interest.

The final blow: Sally’s lawyer tells her that he has been unable to uncover any additional assets; Sally is not automatically entitled to obtain John’s financial documents directly from relevant third parties (e.g. the Canada Revenue Agency, banks etc.); and her best bet is to conduct an examination of John, even though nothing really prevents John from lying through his teeth. Sally leaves her lawyer’s office feeling like the system is broken. She is not wrong.

Finding hidden assets: And then there are the debtors who fraudulently hide their assets. Take, for instance, the fraudster who, on paper, appears to have nothing. Court filings reveal that he actually declared bankruptcy five years ago. An in-depth investigation, however, establishes that the fraudster owned a property 30 years ago and fraudulently transferred it four separate times with legal title, ultimately ending up in the name of his girlfriend’s daughter. With some creative legal thinking, you can attack those transfers and seize the properties. The problem is that fraudsters never volunteer this information. You have to discover it for yourself.

Finding hidden assets is no easy task. It requires an understanding of where and how assets can be hidden, how to conduct and interpret appropriate searches, and what legal tools will ultimately be available to attack a transaction. More importantly, however, it requires the innate ability to understand why and how people act the way they do. Based on limited facts, an investigator must set out on a quest to find a needle, which may or may not exist, in a haystack.

Story continues below advertisement

Having found hidden assets, a creditor is still only halfway to satisfaction. She must then determine what kind of legal action, if any, to bring. Fraud-based actions are, in many ways, no different from any other type of legal action. They can be long, expensive and risky. They differ, however, in the type of defendant involved.

Litigating against a fraudster is not for the faint of heart. Fraudsters will often go to extreme lengths to protect their assets. Lies and fabricated evidence are the norm. More troublingly, however, is that fraudsters often resort to intimidation. While litigating against fraudsters, I have been threatened, reported to the Law Society of Ontario (unsuccessfully) and sued (unsuccessfully).

Why should you care? The strength of our economy depends in part on the strength of our legal system – because the confidence to transact rests in part on the belief that legal rights (e.g. contractual rights, property rights etc.) are meaningful. If people can ignore court orders with impunity, what value do they hold? Asked otherwise, if our legal system has no teeth, what legal rights do any of us really have?

What does all of this mean? From a practical perspective, it means that lawyers should be assessing collection risks and advising their clients about these risks before proceeding with litigation. From a policy perspective, it means that the rules need to change to make it easier to find and seize assets. Providing creditors with increased access to information would be the best place to start. Everybody wins when a court order is worth more than the paper on which it is written. Everybody, that is, except the fraudsters.

Source link

Dominic Levent Solicitors

Email: Enquiries@dominiclevent.com

Phone: 020 8347 6640

Url: https://www.dominiclevent.com

cash, check, credit card, invoice

1345 High Rd

London, London N20 9HR

Mediation vs. Arbitration vs. Litigation: The differences you need to know about in business – Media…

spainops — Mon, 25 Nov 2019 14:00:21 +0000

Mediation vs. Arbitration vs. Litigation: The differences you need to know about in business

As a business owner, it’s extremely important to familiarize yourself with dispute resolution and the processes you need to take depending on the severity of a case. Whether this is for your own protection, for example if you are offered poor advice or a service, or if you are facing a legal case with one of your clients.

For the purpose of this article, we will explore the following example and apply it to the mediation, arbitration and litigation process:

You have paid for a service, the contract has a deadline and have been provided with an extremely poor standard of work that is incomplete.

Dispute resolution can be a long and meticulous process, however in order to get the right outcome, it’s important to follow protocol. Many contracts, especially in the design and construction industry have a clause, which states that before escalating to arbitration or litigation, you must first go through the mediation process. In this article, we will break down the three steps of dispute resolution and apply this to the aforementioned scenario.

Mediation

Mediation is an informal and confidential way for parties to resolve their disputes with the assistance of a third party who is entirely neutral to the party. For example a dispute resolution solicitor who has no previous affiliation with either sides. Choosing a neutral mediator is extremely important as this avoids bias from coming into place.

The mediator doesn’t decide who is right or wrong but instead is trained to help parties to discuss their differences and helps the individual parties to find a resolution on their own. If there is no resolution from the mediation session, then you can seek recourse through arbitration or litigation.

In many instances, an issue can be resolved during the mediation process, as many companies will want to maintain a good reputation. By failing to agree to a deal or compromise, the defendants could in fact damage their own business reputation and lose customers as a result of this.

Successful mediation

You have met with the business in question and have been granted a full refund and a sincere apology for the poor service.

Unsuccessful mediation

You have met with the business and they are unwilling to provide a refund or claim responsibility for the unsatisfactory service in question. No progress was made during the mediation meeting and you are left feeling even more frustrated than when you started.

Arbitration

If you’ve gone through mediation and have failed to come to a resolution, then arbitration is often the next step. This is a settlement process that is exercised outside of the court in order to settle a dispute. Typically, arbitration is a voluntary process but in some instances this is a legal requirement.

The arbitrator is essentially the decision maker in this ruling and if both parties agree to be bound by the arbitrator’s decision, then this becomes a binding arbitration. Unlike mediation, arbitration and litigation are both binding forms of dispute resolution where evidence is provided to either the arbitrator or the judge to make a ruling.

The arbitration process is favored by those who work in specialist industries, such as construction. This is because they are able to select a panel of arbitrators who are knowledgeable of the construction industry, which can greatly work in their favor. In some instances, a dispute resolution is too complex for arbitration, in which instance, individuals opt for litigation.

Successful arbitration

During the arbitration hearing, the arbitrators make a decision that works in your favour. The company is responsible for compensating you and are forced to admit wrong-doing.

Unsuccessful arbitration

The arbitrators are unable to come to a fair conclusion and therefore your dispute remains unresolved.

Or

The arbitrators rule against your claims and your business and you are left out of pocket and unsatisfied with the hearing. The decision made from an arbitrator cannot be appealed.

Litigation

Litigation is reserved for more severe and complex dispute resolution cases, in which a judge or jury decides the outcome. As a business owner and plaintiff, it’s your responsibility to prove that a case is valid. So, for example, if you have paid for building work to be completed on your office, but this has been left incomplete and to an extremely poor standard, then you must bring evidence to support your claims.

Although litigation and arbitration cases are similar in many ways, it’s important to note that if you’re not satisfied with the outcome of a litigation case, then you can appeal the decision, but the decision of an arbitrator cannot.

Successful litigation

The court rules in your favor and the company is made to compensate you for your losses and also lost time.

Unsuccessful litigation

The court rules in favour of the defendant, which means that your dispute is unresolved and you are out of pocket still. In this instance, you have the capacity to appeal against the judges ruling. This will mean more time and money will be invested into the dispute.

Source link

Dominic Levent Solicitors

Email: Enquiries@dominiclevent.com

Phone: 020 8347 6640

Url: https://www.dominiclevent.com

cash, check, credit card, invoice

1345 High Rd

London, London N20 9HR

‘Government needs to do more to improve the welfare of separated families’

spainops — Sun, 17 Nov 2019 18:06:28 +0000

Home > News

Social Security Advisory Committee publishes report

A new report published by the Social Security Advisory Committee highlights steps needed to improve the welfare of separated parents and their children.

There are 2.5 million separated families, including 3.9 million children, in Great Britain. The report considers the experience of separated parents and their children in the social security and child maintenance systems. It particularly looks at the experience of parents who are not the main carers, but who want a continuing parental role. Overall, it recognises the difficult public policy choices faced by governments but asks whether separated parents are getting the support they need through a challenging and stressful time in their lives.

The report finds that many separated parents share caring responsibilities for their children. However, those who need to claim social security can struggle to share care because the system assumes there is one main carer and so only one parent can be entitled to child-related benefits. The other parent can only receive single adult benefits which do not factor in the inevitable costs of caring for children even if parents are sharing care.
In particular, young non-resident parents may struggle to share care, as housing support in the private-rented sector typically only covers a room for an adult in shared accommodation. This can make it difficult, or impossible in some cases, for a parent to have their child or children to stay overnight.

Much of the existing research has understandably focused on the parent with whom the children live most of the time and highlights the severe negative impact that separation can have on their financial well-being. However, children may also experience hardship if and when they are with their other parent and emerging evidence suggests that paying child maintenance can push parents into poverty.

Research found that separated parents without main responsibility of childcare have a poverty rate of 30 per cent compared to 21 per cent amongst working age adults.

The report concludes that a lack of clear, consistent and helpful publicly available advice makes it hard for separated parents to navigate what is a complex social security system and so adds to their stress during separation. Sometimes parents feel they have been very poorly treated by the Child Maintenance Service, with poor communication resulting in confusion and unnecessarily long delays to child maintenance arrangements being set up.

The committee recommends that:

The government clearly and publicly articulates a strategy for separated parents (including parents without main caring responsibility) and their children with respect to the social security system. It is recommended that a cross-departmental working group is set up to lead urgent action on the strategy and issues highlighted in this report.

The quality and availability of data on parents without the main responsibility of care should be improved to get a better understanding of the scale and nature of the problems created by the social security system and its interaction with the child maintenance system. These data should also help define evidence-based policy solutions to deliver the government’s strategy and allow progress against the strategy to be assessed and monitored objectively.

No general recommendations are made to change benefit rules because the committee believes that better data and a clear overarching strategy are needed first. However, the report concludes that there are obvious challenges for separated parents to share care under current policy for housing support in the social security system. Therefore, the committee recommends that:

a) The housing element of Universal Credit should enable young parents, under 35 years, who are sharing care and paying child maintenance, to have their children to stay overnight.

b) Department for Work and Pensions (DWP) should consider options for the system to support all parents without the main responsibility of care and with more than one child to stay with them overnight.

For the report, click here. For the response of Gingerbread, the charity supporting single parent families, click here.

27/10/19

Source link

Dominic Levent Solicitors

Email: Enquiries@dominiclevent.com

Phone: 020 8347 6640

Url: https://www.dominiclevent.com

cash, check, credit card, invoice

1345 High Rd

London, London N20 9HR

Dispute Resolution: How Landlords Can Manage the Risk of Litigation in a Cost Effective Way – Lexolo…

spainops — Tue, 12 Nov 2019 18:06:26 +0000

While dealing with arrears of rent is a well-worn path for landlords, where a tenant of a commercial property is in breach of its lease for any reason other than the non-payment of rent, the process is not so straightforward.

First, a landlord is obliged to issue a notice before taking any enforcement action. The purpose of the notice is to identify the breach/breaches and to call on the tenant to remedy them.

The notice procedure is provided for in legislation dating back to 1881. While the legislation is very old, the requirements prescribed by it remain.

The notice must do the following:

Specify the breach/breaches complained of

Call on the tenant to remedy the breach/breaches if it is capable of being remedied

Call on the tenant to compensate the landlord for the breach/breaches

Note that in the absence of the breach/breaches being remedied that the lease will be forfeited.

In addition, the landlord must give the tenant a reasonable timeframe to remedy the breach/breaches. What will be considered reasonable will depend on the nature of the breach in each case.

Where a notice relates to multiple breaches it appears that a landlord is free to set out different timeframes to the tenant to remedy each breach.

Depending on the nature of the breach in question, a landlord may need the assistance of an expert, such as an engineer or a planner when drafting the notice. Typically a landlord will lack the expertise to determine what would be a reasonable timeframe for the remedy of a particular breach.

A landlord should not issue a notice in the blind. Ideally a landlord should inspect the demised premises before any notice issues and again on the expiration of the notice before any enforcement step is taken. Regard must be had to the lease and the basis upon which a landlord is entitled to inspect the demised premises.

If challenged, a landlord needs to be able to show the court that the notice was properly issued and enforcement was as a result of the continuing breach.

Where the breach identified in the notice has been remedied it is no longer a valid ground on which the landlord can rely in any enforcement action.

Where the breach identified has not been remedied, there a number of possible enforcement options available to a landlord. A landlord may be able to re-enter the premises or issue proceedings on the expiration of the notice. If relying on the self-help remedy of re-entry in particular, a landlord should be certain that the notice procedure has been followed in all respects.

Where a landlord acts on foot of a defective notice, the tenant may have recourse to the Courts in the form of an application for relief from forfeiture. The case law is clear that where a tenant undertakes to remedy a breach, he/she is likely to be granted relief. The Courts do not favour dispossessing a tenant of a tenancy, particularly where there is a number of years left to run in the term, if the breach can, and will, be remedied. Landlords should also be aware of the risk of a business interruption claim from the tenant along with a possible action for trespass.

Conclusion

When dealing with defaulting commercial tenants, early engagement and following the correct legal steps to escalate matters, where appropriate, can lead to an early resolution either directly with the tenant or placing the landlord in the best position to obtain the desired order from the Courts as quickly as possible.

Source link

Dominic Levent Solicitors

Email: Enquiries@dominiclevent.com

Phone: 020 8347 6640

Url: https://www.dominiclevent.com

cash, check, credit card, invoice

1345 High Rd

London, London N20 9HR

Legal Review: Why court-cutting mediation is gaining popularity

spainops — Thu, 07 Nov 2019 08:32:34 +0000

For a variety of reasons, Scotland lags behind many other nations when it comes to the use of mediation to resolve disputes, despite the substantial cost and time that often comes with litigation.

In Scotland, rather than seeing litigation as a last resort to resolving disputes, it is the route many people decide to take from the outset. But many commentators believe that more consideration should be given to mediation and its benefits.

It allows parties with a dispute to conduct negotiations with the help of an independent third party. The mediator facilitates conversations and meetings between everyone involved, including clients and lawyers. The aim is to help all parties explore and understand what the real issues are, and to identify ways forward which everyone can agree to. If successful, mediation removes the need for litigation.

An expert in the area, John Sturrock QC, the founder of and senior mediator at Core Solutions, the founder of Collaborative Scotland and visiting professor at the University of Edinburgh, explains the

benefits of taking this approach before resorting to litigation.

“Mediation is very flexible, is conducted in private, enables discussion of non-legal as well as legal issues, is reasonably quick – most mediations are set up within days or weeks and are usually completed in one day – helps restore business and other relationships, allows creativity and is usually much less costly than ongoing litigation or unresolved negotiations, “ he says.

“Above all, perhaps, it gives the people who have a dispute the control over decision-making in resolving matters, rather than placing it in the hands of a third party such as a judge. Litigation can then be used as a last resort if that is necessary.”

He adds that mediation is suitable for nearly all situations in which parties want to resolve matters without the expense and time of going to court.

Despite such advantages, mediation is still used less in Scotland than in many areas of the world, including parts of Europe. This was highlighted in the Bringing Mediation into the Mainstream in Civil Justice in Scotland Report published by Scottish Mediation, an expert group chaired by Sturrock and solicitor Alun Thomas, a partner with Anderson Strathern, in June this year.

The Scottish Government chose to work with the group to explore how the greater use of mediation might be encouraged in the civil justice system.

The report examined the experience of other jurisdictions in using mediation, including the US, England, Canada and Ireland, where the Irish Mediation Act 2017 set out a framework for mediation as an alternative to civil court proceedings. An international evidence review was carried out by Scottish Government justice researchers to inform the expert group’s work.

Based on findings of this research, the preface to the report stated: “The lessons learned from their experience has led to us taking a more progressive and directive approach than many of us would have had anticipated as we commenced our work.”

Sturrock says some feel that, at least until recently, judicial support in Scotland for mediation has been less than in many other jurisdictions. That may now be changing.

The report made a number of recommendations on how to break down barriers to the use of mediation, with Sturrock explaining: “We need Scottish Government support, probably with legislation, judicial encouragement, a well-structured programme in the courts and education of the general public about how it works and its benefits.”

He added that he would like to see teaching about mediation become mandatory for lawyers and others so they are in a position to advise knowledgeably about it.

And it seems now could be the ideal time for mediation to be increasingly used ahead of litigation, with more research having been carried out in on the issue and greater political support for it.

In May this year, Margaret Mitchell, a Conservative MSP and convener of the Scottish Parliament’s justice committee, launched her consultation on the Mediation (Scotland) Bill. This followed the publication last autumn of a justice committee report on the issue, entitled I Won’t See You In Court.

According to law firm CMS, the crux of the proposed Member’s Bill is the introduction of a new process which would stop well short of mandatory mediation, but would involve parties attending a court action meeting with a mediator for a Mediation Information Session. CMS has said the Bill can be seen as a “meaningful step in Scotland’s alternative dispute resolution journey” and could ultimately “introduce significant change”.

Mitchell has said she hopes her proposals would have a “positive impact on the use and consistency of mediation services across Scotland; improve awareness; modernise and speed up the settlement of disputes; and reduce costs”.

Sturrock says: “Everything which assists in building understanding about mediation is helpful. I do hope that there will be cross-party support and wide acceptance by other interested bodies.”

Consultation on the Bill closed in August and the process highlighted some concerns about its proposals. For example, law firm Pinsent Masons, stated “we fully support and encourage all forms of Alternative Dispute Resolution in appropriate cases” but “would urge caution in going down a route which may lead to unintended consequences”. Potential issues it refers to include access to justice and cost.

And Zurich Insurance’s response said it does “not believe that mediation is suitable for all types of cases. We do not believe that mediation is suitable for personal injury cases which includes accidents arising from a motor accident, an accident in the workplace and accidents in a public setting”. It added: “A mediation process could cause delays and result in additional costs.”

Sturrock comments that many personal injury and workplace accident cases are already mediated successfully. He believes there is a fear of change and a lack of knowledge and experience of its benefits.

Supporters of mediation are hopeful that increased awareness of its advantages will help drive change.

The Bringing Mediation into the Mainstream in Civil Justice in Scotland Report made a number of recommendations. One proposed innovation is the creation of an Early Dispute Resolution Office. Its function would be to review all cases received by the relevant court or tribunal, identify and direct appropriate cases towards mediation, or other more appropriate form of dispute resolution, and to co-ordinate the mediation process.

Sturrock concludes: “Mediation has a significant role to play in Scottish civil justice, and indeed more widely. I hope the report will achieve a real breakthrough in the availability of mediation to those with disputes in Scotland.”

This article first appeared in The Scotsman’s Scottish Legal Review. A digital version can be found here.

Source link

Dominic Levent Solicitors

Email: Enquiries@dominiclevent.com

Phone: 020 8347 6640

Url: https://www.dominiclevent.com

cash, check, credit card, invoice

1345 High Rd

London, London N20 9HR

Wedding Vows – 2.0 – Divorce-Proof Your Next (or Upcoming) Marriage – Thrive Global

spainops — Tue, 05 Nov 2019 18:06:28 +0000

Do you promise to love, honor and cherish each other, yadda, yadda yadda?

Yeah right!

One or more of those can easily be casualties during the wedding preparations even before you’ve tied the knot.

Maybe it’s time for a Wedding Vow makeover.

How about this? (It also works for business partnerships)

“When an inevitable conflict arises, do you each promise to pause before you blame, yell, scream, shut down or withdraw? And furthermore, do you each promise that while you are pausing and before you speak, you will ask yourself how you contributed to the conflict and what expectation(s) you had of the other person that was either unfair or unrealistic? And finally, do you each promise that if either of you are unable to do this for any reason, that you will commit yourself to developing the skills to do so?”

Are you chuckling at or thinking, “Yeah right!” to this?

If so, then what you are saying is that you believe that whatever you think or feel, that you are in the right and expect the other person to agree with you and conform their behavior accordingly.

It’s also likely that you’re a “high maintenance” person who is easier to upset than you are to please.

If that is the case, go ahead get married… then get
divorced and perhaps one day you’ll wake up.

BTW I learned this from a friend of mine who was in his third marriage to a woman who was in her second marriage.

When I asked him, “What is the secret to a lasting and happy marriage?” he replied, “Neither my wife nor I got married before thinking it would end up in a divorce, but we each did. What we’ve done differently this time is come up with a code of conduct for dealing with a difference of opinion which might escalate to a disagreement but will go now further into an argument or worse that is more important to each of us than winning, be right or getting our way.”

Source link

Dominic Levent Solicitors

Email: Enquiries@dominiclevent.com

Phone: 020 8347 6640

Url: https://www.dominiclevent.com

cash, check, credit card, invoice

1345 High Rd

London, London N20 9HR

How to Protect Your Small Business from Litigation: 6 Ways

spainops — Sat, 02 Nov 2019 08:32:35 +0000

When you are running a small business, one of the biggest threats you can face is litigation. As a small business owner, it is just not possible for you to know everything, and that’s where many business owners end up getting into trouble.

So, if you have a small business and want to protect it from litigation, here are a few things you should do:

1. Watch What You Say or Do

The image of your business is critical to survival. Both you, as the owner and your employees, should be very careful when making public announcements or carrying out any business that may seem questionable. Be very careful what you say, as statements can easily be construed as slanderous or even libelous. You should also need to ensure that you are not involved in any conflict of interest issues.

So, for example, if you are an upstanding citizen of your community and get elected to the town council and you assist in passing an ordinance that could lead to your business benefitting, then it would be a conflict of interest. This situation could, therefore, lead you to be sued.

2. Hire an Attorney

The law is convoluted and complicated, and it isn’t possible for you as a business owner to know all the ins and outs related to legalities – unless you are a business lawyer, that is. Thus, it is in your best interest to hire a competent attorney to help you navigate the frequently tricky legal nuances involved in running a business. Now, the question of the kind of attorney you should hire arises.

Many types of attorneys could help you with your business, but one that would be most appropriate for your small business could be an employment attorney. This is because the majority of legal issues that most small business owners face is related to employment.

3. Segregate Your Personal Finances From Your Business Finances

A lot of small business owners are sole proprietors, and because of this, their assets (such as their cars or homes) are linked to their companies. In the event of being sued, it becomes possible for the litigators to attack not just their business, but also their assets.

It is wise to separate your personal finances from that of your business. Make your business an entirely separate entity. This can be done either by having a trust own your business or incorporating your business. This way, your home, as well as your personal wealth, will be safe if your business is being sued.

photo credit: L’imaGiraphe / Flickr

4. Get Insured

Small business owners don’t usually understand what a huge safety net personal liability insurance can be for them. This way, if a customer sues you for getting injured in your place of business, or for not living up to a contracted agreement, then you are protected.

5. Watertight Contracts

If you are entering into a contract with someone, ensure it is one that also includes clauses that protect you and your business’s interests. If there are circumstances that are beyond your control (such as a natural disaster, a supplier not meeting their commitment, etc.), then there should be clauses in the contract agreement that prevent your client from suing you for breach of contract.

6. Protect Your Data

We live in a world where technology and the internet drive everything. However, these are systems that can and will (at some point) breakdown. In case your business is hit by a technology system failure that could impact your business operations or contractual obligations. You need to ensure that there is a backup in place.

Source link

Dominic Levent Solicitors

Email: Enquiries@dominiclevent.com

Phone: 020 8347 6640

Url: https://www.dominiclevent.com

cash, check, credit card, invoice

1345 High Rd

London, London N20 9HR

Ask Allison: 'Is divorce always harmful to children?'

spainops — Thu, 24 Oct 2019 13:05:24 +0000

Have you talked to your wife about how you feel?

Ask Allison: ‘Is divorce always harmful to children?’

Independent.ie

Q Is separation always damaging for children? I am married with two small children and have been with my wife for 15 years. To be honest, I got married mainly because everyone else did. I was in my mid-thirties and so I married the woman I was with at the time. We get on fine but there is no intimacy. There is just very little there. I can’t bear living a half-life for the rest of my life and I have no real interest in rekindling things with my wife. I would love a chance at a new partner, I adore my kids though and want only the best for them. What do you advise?

https://www.independent.ie/life/ask-allison-is-divorce-always-harmful-to-children-38585637.html

https://www.independent.ie/life/article38585636.ece/36c95/AUTOCROP/h342/2019-10-14_lif_53967450_I1.JPG

Email

Q Is separation always damaging for children? I am married with two small children and have been with my wife for 15 years. To be honest, I got married mainly because everyone else did. I was in my mid-thirties and so I married the woman I was with at the time. We get on fine but there is no intimacy. There is just very little there. I can’t bear living a half-life for the rest of my life and I have no real interest in rekindling things with my wife. I would love a chance at a new partner, I adore my kids though and want only the best for them. What do you advise?

A How much consideration is given to the psychological and emotional impact upon children living within an unhappy household? Research has found that when children are living in a home with high levels of conflict and tension, it impacts their levels of anxiety and depression. A study saw children displaying anti-social behaviour such as lying, cheating and bullying before and in the run-up to the divorce with a decrease in these behaviours afterwards.

Your instinct is to protect your children. Within the complexity of a family, conflicted emotions can make it feel so difficult to see what is the best thing to do, and for whom. It seems, from what you have said, that you do not love your wife and maybe never did.

It is wise to consider the long-term implications upon your children. We are all built for connection, to feel understood, wanted, desired, worthy and to belong. Family is a wonderful place for this to flourish and it can also be the breeding ground for all that is opposite to that. A loveless marriage teaches children a lot, with the long-term implications hardwired from learning what they see and feel.

It’s important to note that your home doesn’t sound like a battle field, but the lack of conflict isn’t reason enough to stay and the damage is no less impervious. Children absorb what is around them and this is often shown in the non-verbal. Tension creates its very own tone within a home.

Are you supportive, respectful, kind, engaged or a happy husband? How do you speak to your wife? This is what children learn, home is relationships 101. They learn what healthy and unhealthy attachments look like. They watch and see the dance of give and take or possibly emotional distance and avoidance. They also know when their parents aren’t happy or in love, this hurts all involved.

Identifying your relationship belief system:

⬤ Reflect on the relationship you saw between your parents

⬤ What did you like about it?

⬤ What did you not like about it?

⬤ What are your relationship norms that you have taken from your family of origin?

⬤ Ask and write out what you value in relationships.

⬤ What are your core beliefs about love?

⬤ What is intimacy to you?

⬤ What makes you feel connected and loved?

You mention you don’t want to live a half-life and I’m very much inclined to agree. Is this half-life relating to the absence of sex and/or intimacy? The emotional connection that precipitates a healthy and happy sex life happens predominately outside of the bedroom. I’m wondering have you looked at your part within this?

Taking personal responsibility for being in a healthy relationship requires and asks a lot. Being passive and going along with the crowd is something many people do. Our culture is very focused on ‘what is your next step’ in other peoples’ relationships. My concern for you is, if you knew that love wasn’t there from the start and married the ‘woman you were going out with at the time’ what will be different the next time? I’d strongly advise you to think about this and consider doing this within a safe and supportive therapeutic environment.

It may seem like I haven’t addressed your original question. The truth is when considering your children it is imperative to explore it through the family dynamic and the relationship, or lack of, between you and your wife. If you feel there is no relationship worth working on, you are the best judge of that, you know your relationship. ‘

Does your wife know anything about how you feel? How do you find expressing these difficult and vulnerable emotions and feelings that you have been having? If you are taking steps to physically leave the relationship, remember that you psychologically left a long time ago. This, however, may come as a surprise to your wife. Tell her how you are feeling.

I’d say there are two lonely, isolated people in this relationship. The goal and your desire, should you separate, is to do what’s best for the children and this is best done together. Co-parenting in a healthy way would help the children transition as you decide and try as best as you can to be on the same or at least similar pages.

Divorce researcher and psychologist Judith Primavera explains that “children often fare better emotionally when embattled parents divorce”. She adds that in families that do not fight but where each parent is living separate lives to each other, this is causing damage. Asking the incredibly hard question of ‘what am I teaching my children about relationships’ is often motivation to start making changes that you have been thinking about for quite some time. Wishing you all the best of luck.

If you have a query for this page email allisonk@independent.ie

Health & Living

Source link

Dominic Levent Solicitors

Email: Enquiries@dominiclevent.com

Phone: 020 8347 6640

Url: https://www.dominiclevent.com

cash, check, credit card, invoice

1345 High Rd

London, London N20 9HR

Healing After A Breakup Means Facing Your Pain Head On

spainops — Thu, 10 Oct 2019 15:48:34 +0000

Healing after a breakup takes time. It isn’t easy. BUT, there is one thing that will prolong your sadness, and might even keep you sad forever. Let me explain…

HAVE YOU EVER LOST SOMEONE YOU LOVE?

Someone who touched you at the core of your being and who in your wildest dreams, you never thought about living without?

Have you experienced a loss so painful that you couldn’t imagine how you would put one foot in front of the other without that person by your side?

Suddenly, they are out of your life and you are faced with a reality that never seemed possible, a reality you refused to even entertain in your darkest moments.

Now what?

HOW DO YOU CONTINUE ON AND HOW DO YOU SURVIVE?

Many of us have experienced a loss like this. Whether it is through death, divorce, or simply someone walking out of your life. The aftermath of losing someone can be painful and traumatizing.

It can rattle you to the core and knock you down with the threat of never being able to get back up again. The process of grief is messy, challenging and extremely frightening, and you find yourself thinking you will do anything just to make the pain go away.

I have been in this place a few times–healing from a breakup. I have experienced losses that caused me to feel pain that was unimaginable, inescapable and unrelenting. Pain that shows up everywhere I turn. There was pain in the smile from a stranger, a hug from a friend, certain songs played on the radio, a random word uttered in the midst of a thousand others in a sentence.

It was everywhere and I couldn’t seem to find my way out!

AND THEN ONE DAY, I DISCOVERED THE POWER OF avoidance.

It was like healing from a breakup was now easy. If I was just able to remove the things in my life that caused me pain, then I would be okay. And not only removing things in my outer world, if I could push aside and avoid the thoughts in my head and pain in my heart, then I would be able to finally get on with my life and stop feeling so destroyed.

Makes absolute sense right? I mean, why should I continue to make myself suffer more than I already had?

Let me tell you, I have never been so wrong in my whole life.

What I discovered is that it is impossible to avoid forever and avoidance will only cause further delay of healing from a breakup.

Inevitably, things start to seep in through the little cracks in your armor, reminding you of your pain and stirring your emotions.

When this starts to happen, you can continue to try and outsmart the inevitable. You can make your world smaller and smaller, avoiding everything and anything that serves as a reminder to your source of pain.

I PROMISE YOU THOUGH, IT WILL EVENTUALLY CATCH UP WITH YOU.
You will open your eyes one day and realize that your world has become a small and dark hole.

You will look around that hole and see that your magical solvent of avoidance did nothing more than deepen, prolong, and solidify your pain–and prolong your healing from a breakup.

Many of us make the choice to do use avoidance, and many others do it without even realizing it.

You make yourselves smaller with the intention of protecting yourself from pain. You put little parts of yourself to sleep to avoid dealing with events of the past. You fear that going through the pain will hurt too much, so you choose to close the door instead. You tell yourself time will make it all better and eventually you will be able to live your life again.

Fear takes over and becomes the driver of your life and before you know it, you are missing out on the fullness of being alive and showing up in the world as only a fraction of your potential.

Life becomes dull, a chore, an exhausting experience that you climb your way uphill through each and every day.

IS THIS THE LIFE YOU WANT? IS THIS HOW YOU WANT TO WASTE YOUR DAYS?

I’m not going to tell you that the journey will be easy, but I will tell you that the road toward freedom and joy does exist.

You can make the CHOICE to have courage and walk straight into your pain. Well, maybe at first you crawl. That’s okay!

I promise you that the pain of avoidance is much worse than the pain of diving in and allowing your feelings and experiences to flow through you.

There will be tears, uncontrollable sobbing, anger, kicking and screaming, and who knows what else.

But when you make the choice to go through it, THERE IS AN END.

Once you acknowledge the pain and allow it to flow through you, you expand and create space for new energy to exist within you.

You give yourself the room necessary to finally let go and move on.

Give yourself permission to actively grieve and to mourn your loss.

Be kind and gentle with yourself and be courageous in your pursuit of your freedom and your joy.

Jennifer Joy Butler is a certified health coach, writer, and podcast host dedicated to helping people fall deeply in love with themselves and awaken to their internal power to create joy, love, and freedom in their lives. A graduate of New York University with a Masters Degree in Social Work, Jennifer is also a divorced single mom who has transformed her own life. Jennifer truly understands her clients and the journey they are on. She can be found hosting the Worthy podcast “Divorce & Other Things You Can Handle” and her writing can be found on JennJoyCoaching. This article was originally published on Jenn’s blog.

Like this article? Check out: Divorce Is Hard. 17 Tips We Think Will Help

Sign up for the Divorced Girl Smiling newsletter to receive weekly articles that might help you during and after your divorce!

The post Healing After A Breakup Means Facing Your Pain Head On appeared first on Divorce Blog | Divorce Support Blogs.

Source link

Dominic Levent Solicitors

Email: Enquiries@dominiclevent.com

Phone: 020 8347 6640

Url: https://www.dominiclevent.com

cash, check, credit card, invoice

1345 High Rd

London, London N20 9HR

Navigating Changes After Divorce

spainops — Sun, 22 Sep 2019 12:17:46 +0000

Let’s be real — divorce is TOUGH, and so is figuring out your and your family’s new life in the weeks and months that follow finalizing your split. And, there’s a case to be made for it being even tougher for those in the LGBTQIA+ community. Not only are you handling the sea change of divorce, your child custody arrangement may be impacted by the patchwork quilt of surrogacy and adoption laws. Your financial arrangements may have been influenced by the number of years you were married in the eyes of the law, which might be far less than your true marriage. Add these to the everyday stresses of the current news cycle, and you’ve got a perfect storm of stress with which to cope.

The good news is that as marriage and divorce have evolved, so has our awareness of the need to take care of ourselves, to acknowledge when we’re having a difficult period of our lives and to prioritize our needs. Let’s touch on just a few of the plethora of self-care options out there. I’ve pulled together a list of some of my favorites, so that you can emerge from your split, “so fresh and so clean, clean.” (Yes, music therapy is good for your health and so is Outkast. Go ahead and open the YouTube app to listen while you read, you know you want to. JAM OUT!) You deserve it! I love music so much I decided to start putting together a new divorced/break-up theme playlist every month. I will be sharing them on Sodoma Law’s Divorce Concierge page starting this month!

Here are a few things you need to know about self-care post-divorce:

– – – advertisement – – –

Set your Personal Non-Negotiables — Non-negotiables are things you absolutely will not negotiate on. They align with your values and principles and are things that you put into practice because they serve YOU. Here are a few examples:

Routine, routine, routine! Go to sleep and wake up at the same time every day. Have a cup of coffee or tea and write down three things you are grateful for. If you’re struggling to get a good night’s rest as part of your routine, you can try lavender essential oil pillow spray or melatonin for a natural sleep remedy.

Exercise every day. This doesn’t necessarily mean you have to sign up for a gym membership. Even something simple as walking for just 10-15 minutes a day is shown to have positive impacts.

Eat and Commune. Perhaps now more than ever, the people you surround yourself with are of the utmost importance. Take time every week to have a sit-down dinner and connect with family and friends.

Analog Sunday. Never heard of it? The point is to kick it back to 1999 and turn off your electronics for the day! That means no email, no cell phone and no social media.

Do Something NEW!! (or new-ish) — Now, I’m not saying you have to go with an “extreme sport” like sky diving, but there are tons of “outside the box” things you can try for the first time, or try again as an adult, that can help boost you out of your post-split rut.

Float away your feelings and try this new trend — float pool therapy! I was a little anxious at first, but I pushed myself to get out of my comfort zone, and once I was in the pod, I found it to be SUPER relaxing. There are a few locations in Charlotte where you can try this out, I visited True REST Float Spa in Plaza Midwood.

Life’s a drag, but brunch doesn’t have to be. Well, unless you’re going to a Drag Brunch that is! If you’ve never been to Buff Faye’s drag brunches in Charlotte you are absolutely missing out on a good time.

Try a new dinner cuisine: Ethiopian, Southern, Sushi, Indian (I dare you to order spice level six!). Or maybe just a new experience in dining, if you’re a foodie. Charlotte is full of restaurants new and old just waiting to be tried!

Get into nature: hiking, rock climbing or rafting at the White-Water Center are all great ways to get out of your own head and reconnect with Mother Nature.

Get the Heck out of Dodge — When you have come through a s*#t storm, sometimes it just feels good to get away. I suggest that you set aside some time and take a trip as far away as your budget will allow! That may be a day trip to the beach or mountains, or maybe you fly by the seat of your pants and let this incredible local biz called WhiskedAway plan everything for you.

– – – advertisement – – –

Create (or rediscover) the NEW YOU! Yes, you are the same person you have always been, BUT you have made it through some pretty tough life changes, and that changes people. This could be a great time to reevaluate the way you have always done life. Maybe it’s time to examine some of the BS-rules that you have set up for yourself in the past. Are they working for you still? Challenge the old ways of doing things and set things up in your life that work for YOU now. Sometimes in life we realize that we have been living selflessly and not taking care of ourselves. It’s time to recreate Self LOVE! Go for a manicure, pedicure or both! Has it been a while since you had a great massage? Do that! Have you always wanted to have a facial or smooth out some of those fine lines? Go to Capizzi, M.D. and mention that the Sodoma Law Divorce Concierge sent you. Another way to celebrate the NEW YOU and reflect on how strong and resilient you are, would be to have an empowered portrait session with one of Charlotte’s many amazing local photographers like Cass Bradley, Julia Fay or Michelle Flowers. Cass Bradley just shot my photos last month, and it was incredible. These sessions are more than pictures — they are meant to capture the pure essence of your soul.

As someone who knows firsthand the overwhelming feelings that can come during the big life changes that divorce brings — trust me when I say, don’t just lock yourself in your house and wait for the storm to pass. Get out there and experience life! And for God’s sake don’t do it alone. Surround yourself with people that are positive and support you and encourage you to be your best. Don’t make me remind you of the somewhat overused definition of insanity— “Doing the same thing over and over again and expecting a different result.” Leave the things that are in the PAST… IN THE PAST. Move on, create your New, Bold Beautiful LIFE! Cheers!

Lynn M. Myrick, a Certified Professional Coach with a BA in Psychology from the University of North Carolina at Charlotte, recently joined Sodoma Law’s divorce team as the firm’s first-ever divorce concierge. Myrick helps clients to manage not only detailed logistics and access to trusted resources, but also their emotional landscape, enabling them to discover how they each can best navigate the creation of the next stage of their and their families’ lives.

– – – advertisement – – –

Post navigation

Source link

Dominic Levent Solicitors

Email: Enquiries@dominiclevent.com

Phone: 020 8347 6640

Url: https://www.dominiclevent.com

cash, check, credit card, invoice

1345 High Rd

London, London N20 9HR

10 Practical Tips to Make Divorce More Tolerable – Yahoo Finance

spainops — Tue, 10 Sep 2019 12:17:49 +0000

Getty Images" data-reactid="27">Getty Images

On the hierarchy of horrible experiences, divorce is right up there, especially if you are the recipient of the bad news and were unaware of how unhappy your spouse was.

American Psychological Association -- and the percentage of second and third marriages ending in divorce is even higher." data-reactid="30">Unfortunately, divorce is a reality for approximately 50% of all first marriages, according to the American Psychological Association — and the percentage of second and third marriages ending in divorce is even higher.

A divorce is not just the loss of a partner and maybe even a co-parent. It is the end of the hopes and dreams of building a loving relationship with someone you care deeply about. It is normal to feel depressed. Depression can manifest itself in a variety of ways, both physically and emotionally. Some people gain weight, while others lose weight. Some cannot can’t get out of bed, while others go to extremes by becoming dependent on drugs or alcohol. Depression, although understandable, can make a terrible situation even worse.

He Said: She Said: A Practical Guide to Finance and Money During Divorce, with my late husband, Herb Shapiro, he used to say, "Divorce is a death without a body." Divorce is the death of a relationship and consequently a way of life." data-reactid="32">When I co-wrote the book He Said: She Said: A Practical Guide to Finance and Money During Divorce, with my late husband, Herb Shapiro, he used to say, “Divorce is a death without a body.” Divorce is the death of a relationship and consequently a way of life.

With that in mind, here are 10 practical tips to get through this transition.

Barbara Shapiro, president of HMS Financial Group in Dedham, Mass. She is a CFP®, Certified Divorce Financial Analyst and a Financial Transitionist®. Her firm specializes in comprehensive financial planning with a subspecialty in divorce that assists clients' transition from marriage to independence with peace of mind and confidence. " data-reactid="34">Written by Barbara Shapiro, president of HMS Financial Group in Dedham, Mass. She is a CFP®, Certified Divorce Financial Analyst and a Financial Transitionist®. Her firm specializes in comprehensive financial planning with a subspecialty in divorce that assists clients’ transition from marriage to independence with peace of mind and confidence.

Getty Images" data-reactid="52">Getty Images

Internalizing your feelings — especially negative feelings — is a bad idea. Lean on family and friends. It is reassuring to realize that they are in your corner and will patiently listen and support you, no matter how many times you may repeat yourself.

Show Me the Money: How to Protect Yourself in Gray Divorce " data-reactid="55">SEE ALSO: Show Me the Money: How to Protect Yourself in Gray Divorce

Getty Images" data-reactid="73">Getty Images

Close friends and family might have great advice, but they likely do not have the professional experience of dealing with people trying to process such a painful, life-changing experience. A professional therapist can, without bias, help you sort out and examine your feelings in a nonjudgmental way.

Financial Reasons Not to Divorce" data-reactid="80">SEE ALSO: Financial Reasons Not to Divorce

Getty Images" data-reactid="98">Getty Images

Most likely the shorter the marriage, the easier it is to move on. Try to get out there — meet friends for dinner, take a day trip, visit a new exhibit at the museum. In other words, build new experiences that don’t include the ex-spouse.

QDRO: Critical Letters in a Divorce Case" data-reactid="101">SEE ALSO: QDRO: Critical Letters in a Divorce Case

Getty Images" data-reactid="119">Getty Images

Staying physically active is great advice for almost everyone, but especially those in the aftermath of their marriage blowing up. Working out can release endorphins that can help lift one’s spirit. It can also be a healthy way to process thoughts that are going around and around in one’s head, in some cases defusing unneeded anger.

Getty Images" data-reactid="139">Getty Images

If one has children, being the best dad or mom can make a huge difference. Even those who have grandchildren can find immense joy in spending time with the grandkids. For others, it might mean focusing on their career. Some might find that helping charities or their religious group rewarding. Whatever it is, fill the void created by the loneliness of divorce with something that is productive and refocuses your attention, while allowing you to interact with new people.

Getty Images" data-reactid="159">Getty Images

Many of us have a vision of our future and we are on a path to get there, but divorce forces you to start over. Try to stay positive and have faith that you’ll land on your feet and will create positive new memories. It will take time to build a new life, but now you have gained experience and hopefully maturity to create a new and better you. Soon a new door will open, if it has not already.

Getty Images" data-reactid="179">Getty Images

A divorce creates a wound. Just like any injury, it takes time to heal. Some days may be better than others, but eventually you will be happy and content.

Getty Images" data-reactid="199">Getty Images

Initially hating your ex-spouse is normal, but if you have children it is very counterproductive. You will be thrown together for every graduation, wedding and funeral. Do yourself and your kids a favor and remain civil. No one expects to be best buddies with their ex, but civility is expected and required to move on.

Getty Images" data-reactid="219">Getty Images

One of the worst times to make financial decisions is when the emotional part of the brain fully dominates the rational side. A financial adviser, especially one who focuses in helping those through divorce, can guide individuals through very difficult decisions, like whether to keep or sell a house, what is an appropriate revised retirement plan and so much more. Bad financial decisions can only compound the negative ramifications of a divorce, so get help.

Getty Images" data-reactid="239">Getty Images

You have had a bad experience, but now you have the ability to wipe the slate clean and start over. Embrace the opportunity to use you prior experience and create a new life that makes you happy and content. If you have the right mindset and are resilient, you can and will have a great life.

If you find yourself going through divorce, or recovering from one, remember that you are closing one chapter of your life, but one chapter does not make a novel.

Securities and Advisory Services offered through Cadaret, Grant & Co., Inc., a Registered Investment Adviser and Member FINRA/SIPC. HMS Financial Group and Cadaret, Grant & Co., Inc. are separate entities.

Copyright 2019 The Kiplinger Washington Editors

Source link

Dominic Levent Solicitors

Email: Enquiries@dominiclevent.com

Phone: 020 8347 6640

Url: https://www.dominiclevent.com

cash, check, credit card, invoice

1345 High Rd

London, London N20 9HR

repost Archives - Dominic Levent Solicitors Blog

12 Divorce Party Ideas To Help You Heal & Celebrate Your Fresh Start

01

Throw a Spa Day

02

Have a Sleepover

03

Host a Chic Cocktail Party

04

Get Spiritual

05

Have a Non-Wedding

06

Throw a Dance Party

07

Enjoy a Sweet Ending

08

Visit an Escape Room

09

Perform a Cleansing Ritual

10

“Reverse” Wedding Traditions

11

Pick Up the Pieces

12

Get Out of Town

Expert advises who gets to keep the dog after couple get divorced

How does the court decide who keeps the dog?

What options do pet owners have?

How do divorces affect the pet?

Theresia Gouw On Personal & Professional Growth Post-Divorce

Can My Spouse Sell Assets During Our Divorce?

Divorcing an Abusive Spouse Is Not a Sin

Easing Your Spouse Toward a Cooperative Divorce – Divorceinfo.com

3 Sure-Fire Tips for New Co-Parents – Divorceinfo.com

1. Maintain a Unified Front

2. There is No Friend in “Co-Parent”

3. Follow the Rules

In Summary

‘Absolute scandal’: HMCTS urged to cut £593 divorce fee | News

Do I Need A Divorce Lawyer If We Agree On Everything? • LegalScoops

Uncontested Divorce – What Is It?

What You Need To Do To Prepare For An Uncontested Divorce

Do I Need A Lawyer If My Spouse And I Agree On Everything?

Probably You Haven’t Agreed On “Everything”

Issues That You Should Agree On In An Uncontested Divorce

Child Custody And Visitation

Property Division

Alimony And Child Support

Division Of Debts

Retirement Accounts

The Marital Settlement Agreement

The Bottom Line – Do I Need A Divorce Lawyer If We Agree On Everything?

I’m very happy with my partner, but why won’t he divorce his wife? | Relationships

The Five Best Questions to Ask Your Divorce Lawyer

What is the best divorce process for me?

Where do I start, regarding finances?

Will my kids be okay after a divorce?

Will I be okay after a divorce?

How long will the divorce process take?

What can I do if my ex is hiding crypto stash from me during divorce?

Think your ex has a secret bitcoin stash? A legal expert explains how to hunt one down and the stiff penalties for hiding crypto (and other assets) in a divorce

So how will you know if your ex holds bitcoin?

What can you do if you think your ex is hiding crypto during a divorce?

Do you have a question about divorce and your finances?

How do you work out what the crypto is worth?

What if you own crypto and are getting a divorce?

How do you find a decent lawyer?

Action to take if you are getting divorced and one partner (or both) owns crypto

Share or comment on this article:

4 Things Every Woman Business Owner Should Know About Divorce

Divorce in the Age of Social Media

10 things to know about divorce law changes – Which? News

1. You no longer need a ‘fault’

2. Couples can make a joint application

3. One spouse cannot contest the divorce

4. Divorce terms will change

5. You will have to wait 20 weeks before an order

6. Lawyers have welcomed the changes

7. Application fees will remain the same