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Depression and Divorce: Which Came First?

spainops — Fri, 19 Jun 2026 12:37:00 +0000

There are so many reasons people get divorced, but they all boil down to the same concept: one or both are unhappy in the marriage. And, unhappiness can lead to depression. In this article, I want to address depression and divorce, as it is often hard to know which came first. In other words, is your divorce the result of your depression? Or, is your depression being caused by your divorce?

Depression versus sadness versus grief

Though we use the term ‘Depressed’ often, not all feelings of sadness or lack of motivation or joy qualify as clinical depression. Clinical depression (or diagnosable depression) is a set of symptoms that often happen together for more than two weeks and significantly impact your personal or professional life. Symptoms include:

Feeling sad, down, or hopeless more days than not
Feelings of worthlessness, helplessness, hopelessness, excessive guilt
Increased anger, irritability, or frustration
Increased crying that is difficult to control
Loss of interest in things you once enjoyed
Lacking motivation
Weight changes (either gaining or losing weight)
Changes in appetite
Changes in sleep patterns (insomnia or sleeping more than usual)
Changes in energy levels (typical feeling fatigued or never rested)
Difficulty getting out of bed
Changes in motor behavior (jittery or moving constantly or moving much more slowly than normal, as if moving through mud)
Difficulty with concentration or focus
Feeling indecisive or unable to make decisions
“Brain Fog”
Difficulty with self-care or basic hygiene (such as decreasing the number of showers taken, wearing dirty clothes often, or not brushing teeth or hair)
Increased Rumination (An inability to change or shift thoughts about situations or events)
Increased thoughts of death, dying, or suicide

To be diagnosed as depressed, a person would need to experience at least 5 of these symptoms during a single 2-week period and experience a negative impact on their life as a result of the symptoms.

For many, the experience of sadness or grief can look and feel a lot like depression, especially during divorce. But these emotions and experiences do not necessarily mean you are depressed.

It is normal for one to experience sadness or even to need to work through the grief process after a significant loss of any kind. And Let’s face it; divorce is full of potential losses- loss of a relationship, loss of a home, loss of a pet, loss of an income, loss of time with your kids, loss of family, loss of what you thought your future would look like… The list could go on for a while!

Divorce also creates many changes, and a person can experience grief around both happy and difficult changes. The more modern grief process describes phases that we can move in and out of over time when healing from loss or change (denial, anger, bargaining, depression, and acceptance). Depression is a part of this grief model, but it is not often a place where one remains stuck. To decipher between grief, depression, and sadness, think about the severity of the symptoms, how long they have lasted, and the ongoing impact on life or relationships.

Divorce and depression: Can divorce lead to depression?

Divorce can lead to a depressive episode, even if the divorce was something you wanted. As I pointed out, we go through so many changes and losses emotionally, mentally, physically, and environmentally during and after a divorce. It is only natural to have big emotions when the process is over. Many people experience a significant “letdown” because they no longer live in unrest or crisis. The sudden end to the stress hormones and ongoing turmoil can leave us tired, unmotivated, ruminating, and wondering what to do next.

To understand if you are experiencing something unusual, monitor yourself and your daily functioning. Are you slipping up at work, letting your personal hygiene or self-care go, having difficulty in your relationships with family or friends, lacking motivation, or feeling as if there is not much to distract you from hard thoughts or sadness? If so, you should talk to someone.

A therapist or a psychiatrist can help to evaluate if what you are experiencing is clinical depression and can start to work with you to find relief or turn the symptoms around. If it is challenging to get in with a therapist or psychiatrist quickly, start with your primary care physician. They have the basic knowledge to either help or refer you to resources that can help.

I typically encourage people not to stop with the primary care physician, though, as they are not necessarily experts in mental health but a first-line defense and resource to jump-start your healing journey. If you notice that you are experiencing some of the depression symptoms but still functioning ok, you may be experiencing grief or just adjusting to your new life. Lean into your social support and self-care, and seek professional support to work through these feelings.

Can depression lead to divorce?

Depression can lead to challenges in a relationship and potentially divorce. The symptoms of depression are experienced by the individual and have a “trickle-down” impact on those around us. Depression can make us feel worthless or hopeless and appear more irritable, angry, or distant. These emotions can impact our ability to see the good in different situations, people, or ourselves. Depression can be like wearing dark sunglasses; everything loses its luster and brightness. People can lose motivation in different ways, and the marriage can become less and less of a priority.

If someone doesn’t have the energy to get out of bed, it is unlikely someone will have the energy to put in the work required for a long-term relationship. The behaviors and symptoms associated with depression can create shame, which turns us further inward. As one could imagine, the symptoms of depression create turmoil between two partners. Difficulties I see often between couples with one or both partners struggling with depression include:

Feeling unloved, uncared for, unheard
Feeling emotionally disconnected
Feeling like one partner is hiding something
Anger issues
Avoidance of issues in the relationship or other areas of life
Feeling as if partner is not an active participant in life
Job or financial insecurity
Difficulty communicating or managing conflict
Feeling as if one partner is parenting the other
Feeling as if one partner does not show up as an active parent
Alcoholism or substance abuse

These difficulties can lead to the end of the relationship if the depression is not acknowledged and addressed appropriately. It is challenging to decide if depression caused a divorce. Hindsight can be valuable, especially when one has made it to the other side of a depressive episode. Symptoms can be reviewed and evaluated in conjunction with the difficulties in the relationship to form a conclusion.

I definitely feel more than grief and sadness…

If you recognize that what you are going through is more than sadness, grief, or adjustment to change, reach out to social support, your primary care provider, a therapist, or a psychiatrist. Don’t wait. Depression can snowball quickly.

I don’t like to “reinvent the wheel,” so I typically recommend leaning into things that brought some relief, rejuvenation, or joy in the past. It can be hard to find joy in the things you once loved when you are stepping into a new phase of life where so many things are different. Find ways to alter these activities so that they work for you. Other behavioral techniques that can create positive change include trying new things, moving your body, connecting with people, journaling, and checking your mindset. These things may not give you joy or change your mood immediately, but it is vital to keep putting one foot in front of the other. Many people dismiss or do not recognize the importance of how we treat ourselves when we are feeling down, grieving, or depressed. Be kind to yourself. You have been through a lot, and that’s ok.

Like this article? Check out “Are you a Victim of Emotional Abuse?”

The post Depression and Divorce: Which Came First? appeared first on Divorce Blog | Divorce Support Blogs.

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Dominic Levent Solicitors

Email: Enquiries@dominiclevent.com

Phone: 020 8347 6640

Url: https://www.dominiclevent.com

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How YOU can profit as foreign predators circle home-grown businesses

spainops — Sat, 23 May 2026 08:47:46 +0000

American and other foreign predators are in a frenzy to buy British firms, and this takeover spree may fill you with dismay over the loss of often historic household names to overseas ownership.

But ignoring this stock market phenomenon of the summer of 2026 could be an expensive mistake. Being an investor sometimes means mixed emotions.

Some $192billion of foreign bids have already been made this year, which is three times the amount at the same time in 2025.

This week it emerged that Tate & Lyle – the FTSE 250 ingredients group set up in 1921 – could be about to succumb to a £2.75billion takeover from the US business Ingredion.

This followed news that Intertek, the FTSE 100 product certification group, could be snapped up for £9.4billion by EQT, a Swedish private equity player.

This disclosure has sent Intertek shares to 5480p, some 18 per cent higher than in January.

Gathering storm: American and other foreign predators are in a frenzy to buy British firms

Shares in Spire Healthcare have jumped more than 33 per cent this year, too. The firm is being targeted by British activist investor Toscafund Asset Management, which may be ready to pay £1billion.

These deals make it apparent that predators see British companies as, sometimes ludicrously, undervalued.

Schroders, the asset manager, is an example. In February, Schroders’ market capitalisation was £7.6billion. Then US investment group Nuveen came on the scene, ready to spend £9.9billion on the business founded in 1804.

There are various causes for the unloved nature of UK shares. The FTSE 100 has been held back by its lack of tech shares.

The tech-focused Nasdaq index in the US has jumped by 13 per cent since January, propelled by

the passion for artificial intelligence (AI) and semiconductor stocks. The broader S&P 500 has also risen by 8 per cent. Over the same period, the FTSE 100 is up by just 5 per cent, dragged down too by the nation’s economic and political woes.

Nevertheless, overseas investors appear able to see beyond these conditions, perceiving Britain as bargain-hunting territory.

If you are wondering what the excitement is about, here’s what you need to know.

Allure of Britishness

Despite the uninspiring background, Alan Dobbie, of the Rathbone Income Fund, suggests the foreign takeover trend sends a strong signal that UK investors, willing to look beyond current turmoil, should reassess Britain’s potential.

He said: ‘It’s often at times like this that longer term investors start to lean-in and take a closer look.’

Jean Roche, manager of the Schroder Mid-Cap fund, highlights the surge in share buybacks, in which companies buy their own shares to boost their share price.

She said: ‘The UK has become the buyback capital of the world, which is a clear signal that management teams believe their own shares are too cheap.

Broker AJ Bell’s calculations show that £34.6billion worth of buybacks had been announced by the end of April by Sainsbury’s and others.

Investment director Russ Mould suspects yet more buybacks could be revealed by banks and oil companies in coming weeks.

Tasty: Pork and poultry processor Cranswick (its sausages, pictured above) has seen its shares climb by 11 per cent since January

Is it worth backing the UK?

British businesses are not only considered to be undervalued, they also present fewer problems to a predator than the firms of other countries.

Anna Macdonald, of broker Hargreaves Lansdown, said: ‘Britain’s companies are English-speaking and internationally oriented. This makes integration straightforward for most overseas buyers.’

She continued: ‘Companies listed on the London market typically have broad, dispersed shareholder bases.

‘By contrast, many European companies have large anchor shareholders, in the shape of the families, foundations or even the state.

‘Such investors have longer-term horizons, and little inclination to sell. The UK’s openness has made it the path of least resistance for overseas capital.’

Juliet Schooling Latter, of FundCalibre, said that larger British companies should be well-positioned if inflation becomes more of a threat, making them even more attractive to would-be suitors – but also a decent proposition even if no offers arrive.

Next potential targets?

Speculation surrounds an array of companies. Canadian group Intact Financial Corporation is said to be eyeing up insurer Hiscox, whose shares have leapt by 28 per cent since January.

Rival Legal & General may be denying that it is anyone’s love object. But this does not still the rumours that Wall Street titans such as Apollo, BlackRock, Blackstone and Brookfield could be interested.

But if you are contemplating taking a stake, it is not certain whether the regulators would readily permit a takeover of Legal & General since it is the custodian of £200billion of our pension savings.

This week Premier Inn owner Whitbread was instructed by Corvex Management, one of its US investors, to find a buyer. And speculation is mounting that US giant KKR is sizing up energy solutions specialist DCC.

Roche suspects there will be more approaches for smaller and medium-sized businesses. She cites the pork and poultry processor Cranswick, whose shares have climbed by 11 per cent since January.

The fund picks

UK stocks have fallen so far out of fashion that your portfolio may be mostly composed of US tech shares or global funds heavily weighted towards tech titans Meta, Microsoft and Nvidia.

This suggests diversifying into Britain may be wise, even if the bid frenzy slows, which seems unlikely.

AJ Bell’s best-buy UK active funds are Fidelity Special and Liontrust UK Growth. Its tracker picks are two exchange traded funds: iShares Core FTSE 100; and Vanguard FTSE 250 (one of the true-Brit parts of my portfolio).

For those who want wider exposure, Macdonald cites Artemis UK Smaller Companies, whose managers seek out companies that ‘trade on attractive valuations relative to their prospects’.

Her medium-sized company pick is FTF ClearBridge UK Mid Cap. Its managers opt for companies ‘with brand power and other hard-to-replicate advantages’.

Schooling Latter also likes companies with such qualities. She selects: Premier Miton Tellworth UK Smaller Companies; Unicorn UK Smaller Companies; and WS Raynar UK Smaller Companies, since their managers seem adept at uncovering value.

A broad spread seems wise, since corporate Britain seems to be up for grabs – an opportunity, but a shame nonetheless.

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Employers think Gen Z has forgotten how to work

spainops — Wed, 13 May 2026 08:18:18 +0000

Wednesday 13 May 2026 5:34 am

Over half of UK employers are worried about Gen Z behaviour and professionalism. Here’s three things they can do, according to Eliza Filby

‘Why won’t our graduates just pick up the phone?’ is the most frequent complaint I hear from leaders. It may be the point of most frustration but it’s far from the most outrageous. I’ve been told of new recruits prioritising Pilates over deadlines, meeting a major client in a hoodie and crocs, bringing their parents to their annual review – and this is before we get on to AI generated slop masquerading as work.

So, I wasn’t surprised to hear last week that over half of UK employers are worried about graduate behaviour and professionalism. Employers cited concerns about their communication skills, motivation, resilience and workplace etiquette – with AI applications (surprise, surprise) not helpful in deciphering talent at the application stage. In fact, it’s creating a glaring discrepancy between the application and the applicant.

Given the woeful state of the current graduate employment market, why aren’t these youngsters more grateful, deferential and fastidious? I hear you cry! But brush aside any generational prejudice for a moment, because in all these complaints, employers are missing the deeper story. This lack of traditional professionalism isn’t an indictment of a generation, but an indication of how the workplace has changed. It also helpfully hints at a way forward.

Parental dependency

Let’s look at a generation who are coming through your doors. Thanks to modern parenting, tech and education culture, your new professional recruits are a product of time-short, working parents who were prone to over-parent and under develop resilience and independence in their offspring. Parents who were less likely to enforce chores in the home, and more focused on homework and extra-curricular activities than part-time paid work or unsupervised play. Your new recruits were recipients of an exam-focused and individualised education system where everything seemed high stakes, failure wasn’t an option and anxiety was the by-product. They experienced a digital youth with no landline, a lockdown and a tertiary education system dominated by a customer ethos, some buyer’s remorse, and definitely ChatGPT. They’ve come of age in an algorithm-centric world where everything is bespoke, feedback is constant, anything can be delivered to your door, and you can get through most days without friction or speaking face to face to anyone. Finally, they’ve entered adulthood in an economy where parental dependency is a lifeline and a leg up, they have £50k student debt and rising, and even as employees on a relatively (sometimes very) good wage, they will still be more reliant on their parents than their company when it comes to buying a home. And yet leaders still expect these young workers to arrive fully formed, professionally fluent and full of hunger and deference.

I exaggerate here, of course, but some if not most of this is true for the majority of professional class in the UK and frankly, most of the western world. You may disregard generational labels, but as an employer, I would entreat you to understand how the world has changed. Many know this situation intimately of course; they tolerate some of this with their kids at home even if they are unwilling to understand it at work.

So, what is to be done? Aside from a revolution in the economy, education and parenting, I would suggest there are three things that employers can do. Because in running a business, we need to deal with how the world is, not how it was or how we would like it to be.

Fix recruitment

Firstly, recruitment is in a terrible mess. And while AI sorting is making it worse, it’s not the main problem; false marketing is. Most major companies seeking to hire the “highest achieving” are guilty of what I would call corporate airbrushing. The website, marketing blurbs, even the company Tiktok emphasizes how fun, glamourous and fulfilling it is to work there. Is it really accurate to talk more about the company’s CSR record than the relentless working hours, for example? Tell the truth, and seek out the people with the right attitudes, aspirations and realistic view of what it takes to progress.

And it’s highly likely that AI may be screening these people out because they are impossible to find from a traditional CV. If you want the most committed candidates, seek out those who are supporting their parents, rather than those funded by them. If you want creativity; it will be those with a non-linear path. If you want those deferential, it will be those who grew up in more religious or multi-generational households. You can’t determine or ask this of course, but my point is it’s got nothing to do with exams.

Etiquette

Secondly, the best companies in the world are realising that etiquette training is now a necessity and are making it a core part of the onboarding. Setting expectations early means fewer frustrations later down the line. The biggest problem I see is that guardrails aren’t set, only expected, and managers are too nice to say any different. So young people remain ignorant, leaders get frustrated and together it creates a horrible culture.

But there’s a bigger problem: No one is being trained properly because of the speed of digitalisation and the disconnection caused by hybrid working. Employers complaining about graduates lacking workplace polish would do well to interrogate how they’ve dismantled many of the structures that once taught people how to behave professionally in the first place. Older generations learned workplace behaviour by proximity. You overheard difficult phone calls. You watched how managers handled conflict. You observed office etiquette, hierarchy and diplomacy. Everyone is awkward at 21, but previous generations at least had the opportunity to learn through embarrassment, observation and repetition. As workplaces have optimised for productivity and flexibility, they’ve destroyed the moments, the space and the time for their new recruits to learn and I’m afraid AI is making this worse. It’s not skills that are lacking; its socialisation and the time to fail.

Reciprocal responsibility

Thirdly, help your new recruits understand the deal. And I’m not talking about money versus time. I’ve given a lot of speeches helping C-suite understand Gen Z, but focusing only on the top doesn’t solve the problem, because the awareness is only going one way. In a transactional world, where we all think in terms of ‘I’ not ‘we’, one of the most valuable things you can do for them is to help them generate a sense of reciprocal responsibility. This is the hardest bit because it requires time and investment and it can only come if someone feels heard, taught and valued in the first place.

Workplaces are dealing with several revolutions simultaneously: the collapse of traditional career ladders, the rise of hybrid work, economic stagnation, AI disruption and a generation that has grown up differently. So yes, some young workers probably do need to learn how to write a proper email and turn up to meetings on time. But companies also need to rebuild the environments where younger people actually learn how work works.

Dr Eliza Filby is a historian of generations and author of the Sunday Times bestseller Inheritocracy

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Email: Enquiries@dominiclevent.com

Phone: 020 8347 6640

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‘Complex and outmoded’: Civil Justice Council eyes end to court costs disputes as part of Solicitors Act overhaul

spainops — Fri, 24 Apr 2026 08:55:41 +0000

Legislation underpinning the solicitor-client costs regime should be completely overhauled to take disputes out of the courts, a working group of the Civil Justice Council has recommended. Part III of the Solicitors Act 1974 should be replaced with a statutory code working alongside professional conduct rules overseen by regulators, the group recommended in a consultation published yesterday.

Fee-related disputes for modest bills should be settled through the legal ombudsman scheme, with solicitors subject to an overarching principle that charges should be ‘fair and reasonable’. Such a test, which would require guidance on definitions, would replace the concept of ‘informed consent’ and remove the existing distinction between contentious and non-contentious business.

For larger matters falling outside the ombudsman’s remit, or where the bill is more than £50,000, recourse to the courts would be preceded by mandatory alternative dispute resolution.

Mr Justice Adam Johnson, the working group’s chair, said the current regime for challenging legal costs is ‘complex, formalistic and outmoded’ and provides ‘perverse incentives’ for costly litigation.

‘The world has moved on since 1974,’ said the group. Court disputes about costs assessment have become commonplace, as parties argue on the extent of informed consent given by clients. The case of Belsner highlighted a central issue, where the charges were held to be fair and reasonable, even though the solicitors had not complied with SRA rules to ensure clients received the best possible information. ‘This is a serious area of legal uncertainty,’ said the group.

Charging structures have also become more complex, with solicitors more likely to render interim bills during the course of a case, while there is more emphasis on settling potential claims before the issue of a claim form.

The Solicitors Act makes a distinction between non-contentious business – which includes work done unless and until proceedings are begun – and contentious business. Work such as pre-action correspondence and engaging in pre-action portals is classed as non-contentious, but if proceedings begin, the whole retainer becomes contentious work and the costs more likely to be recoverable from an opponent.

Clients and solicitors can enter a contentious business arrangement as long as they agree in writing.

The working group said the distinction between contentious and non-contentious ‘has no modern relevance’ and its continued presence ‘leads to unnecessary complication and uncertainty’.

The group also recommends abolition of the terms ‘statute’ and ‘statutory’ to describe a bill. Formal requirements for signature and delivery of a bill as prescribed by the act were also found to be outmoded, including the rule that clients indicate a willingness to accept delivery by email.

A consultation on the proposals runs until 16 July and a final report is expected early next year.

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5 Ways To Increase Your Chances of Finding Love after Divorce

spainops — Fri, 10 Apr 2026 09:03:40 +0000

If you’re divorced and single, chances are you’ve said, or at least thought, some version of this: “Dating is awful. I can’t meet anyone. There are no good people out there.” Finding love after divorce might seem impossible.

I hear this from clients all the time. And I understand why people feel this way. Dating culture has changed. Technology has transformed how we meet people. Dating apps can be exhausting, and rejection feels personal. But here’s the truth: Finding love after divorce is still possible.

Yes, there are factors we can’t control. Timing, chemistry, and circumstance all play a role. But there are also many things you can control, and focusing on those is how you dramatically increase your chances of finding the right partner.

Here are five ways to put yourself back in the best possible position to find love again.

1. Learn to Believe in Love Again

This is the foundation of everything.If you don’t believe love is possible for you, no strategy, dating app, or introduction will make a difference.

After a divorce, especially a painful one, it’s easy to project your past onto your future. Maybe you were cheated on. Maybe you were blindsided. Maybe you’re watching your ex move on quickly while you’re still healing. I’m here to tell you that there truly are millions of fish in the sea, even if you can barely see past the last fish you had. I remind my clients regularly of this hopeful fact: new people become available every single day.

Every day, people:

Get divorced
Heal from past relationships
Decide they’re ready for love again

And among those people are individuals looking for someone just like you. The first step toward finding love is letting go of the belief that it’s impossible. That mindset alone can keep you stuck on the couch instead of out living your life and meeting people.

Often this requires doing real emotional work. With my clients, I guide them through something I call a “Divorce Detox.” It’s a process designed to help you release the past, learn from your relationship history, and move forward feeling empowered rather than bitter.

You can’t start a new chapter while rereading the last one.

2. Take Amazing Care of Yourself

If you want to attract a healthy, confident partner, you have to show up that way yourself. And this doesn’t mean chasing perfection. It means taking care of the basics that support your energy, confidence, and self-respect.

Start with the fundamentals:

Sleep
Hydration
Exercise
Healthy eating
Managing stress
Addressing habits that undermine your self-esteem

Many people come into dating carrying something that secretly hurts their confidence. It might be their relationship with alcohol, food, money, body image, or even excessive scrolling and distractions.

Until those issues are addressed, it’s hard to show up fully and attract the kind of partner you truly want. Taking care of yourself isn’t about becoming someone new. It’s about becoming someone you feel proud of being. That confidence is incredibly attractive.

3. Admit That You Want Love—and Tell People

This might sound simple, but it’s one of the most powerful steps you can take. So many divorced people keep their desire for a relationship a secret. They worry about appearing desperate or vulnerable.

But here’s the reality: people can’t help you if they don’t know you’re looking.

Your friends, coworkers, and community likely know dozens of people you’ve never met. But unless you speak up, they may never think to connect you. Think about it this way: if your child were fundraising for a school event or looking for a job, you’d happily ask your network for help. Why should finding love be any different?

Tell your friends:

You’re ready to date again
You’d welcome introductions
You’re open to events or social invitations

Most people love helping. You’re not being desperate, you’re being engaged in chasing your dreams! This will inspire people.

4. Learn the New Rules of Dating

Many divorced people return to dating after a decade or more away from it, and the landscape has completely changed. Online dating and apps are now a major part of how people meet. Yet many people jump in without understanding how to navigate them.

They “wing it.” And that’s where the fatigue begins. Without a strategy, people waste time on the wrong matches, go on too many disappointing dates, and quickly become discouraged. Instead, approach dating like a skill you’re learning.

Before diving in, take time to understand:

How to create a compelling dating profile
What questions to ask early
How to screen for compatibility
What red flags to watch for

Just like learning a new job or using a new technology, dating has strategies that make the process far more effective and less exhausting.

5. Don’t Dismiss Online Dating—Use It Strategically

Many people say they’d rather meet someone “in real life.” And yes, absolutely, go live your life, pursue hobbies, see friends, and attend events.

But here’s the reality: most single people are also online. Even if someone spends their day socializing and being active, at night they often go home and browse dating apps. Instead of rejecting online dating, learn how to use it strategically.

That means:

Investing in high-quality photos
Writing a thoughtful, engaging profile
Knowing your deal breakers before you start
Avoiding endless messaging without meeting

One strategy I teach clients is what I call the 3H Method—identifying your criteria for:

Head (practical compatibility)
Heart (emotional connection)
Heat (chemistry and attraction)

When you know what you’re looking for in these three areas, it becomes much easier to filter potential matches and avoid wasting time.

The Bottom Line

Dating after divorce can feel intimidating, frustrating, and sometimes even discouraging. But it’s also full of possibilities. Thousands of people find meaningful relationships after divorce every year, not because they got lucky, but because they took intentional steps to prepare themselves for love again.

If you focus on the things you can control: your mindset, your self-care, your strategy, and your openness, you dramatically increase your chances of finding the partner who’s right for you. And remember: you don’t need thousands of matches. You only need one.

The post 5 Ways To Increase Your Chances of Finding Love after Divorce appeared first on Divorce Blog | Divorce Support Blogs.

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Dominic Levent Solicitors

Email: Enquiries@dominiclevent.com

Phone: 020 8347 6640

Url: https://www.dominiclevent.com

1345 High Rd

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Removing UK tariff exemptions could hurt businesses, tradebody warns

spainops — Mon, 09 Mar 2026 09:51:10 +0000

Sunday 08 March 2026 10:30 pm
| Updated:

Saturday 07 March 2026 11:54 am

Removing the UK’s tariff exemption for low value imports could risk pushing up prices, reduce trade intensity and damage small businesses, a leading trade body has warned.

The British Chambers of Commerce’s (BCC) warning comes amid the government considering the move after the US removed its ‘de minimis’ exemption for certain commercial shipments.

The EU has also said it will do the same and introduce new handling charges for cheaper packages as well.

UK trade rules have allowed goods valued at £135 or less to enter the country without paying customs duties, although VAT still applies at the point of sale.

In November, the government announced plans to phase out this exemption by March 2029, in a bid to create a level playing field for domestic importers.

Consumers to bear the burden

But, the move would drain UK goods importers’ pockets, forcing consumers to take on the burden in some instances.

According to research by the BCC Insight Unit, half of importers admitted that if their import costs increased by five to ten per cent on small shipments, they would have to pass on the costs to consumers.

Just 20 per cent said they would be able to absorb them.

Meanwhile, nearly a quarter said an increase in costs by ten to 15 per cent due to the removal of other countries ‘de minimis’ exemptions, would put more than half of their overseas sales at risk.

Others would be forced to switch supplier, consolidate shipments or scale down activity, which could ultimately reduce overall trade volumes.

A government consultation into the plans closed 6 March, with the BCC responding that while the UK must respond to actions taken by the EU and US, reforms must be proportionate.

Reforms must also align with the international response and focus on enforcement rather than blunt cost increases the trade body urged.

Urging ministers

William Bain, head of trade policy at the British Chambers of Commerce, said: “E‑commerce matters greatly to the UK economy and global trade. We know the trend globally is to abolish de minimis thresholds and levy duties on low value imports given their huge growth in recent years.

“This will put our exporters’ sales under pressure, and we must respond to ensure we have a level-playing field.

“But we would urge Ministers not to introduce charges per item or consignment by import… the increased costs will feed through into higher prices.”

Bain also urged the government to retain VAT being charged at the point of sale, arguing its “retention would avoid unnecessary complications and additional friction”.

He added that the removal of the de minimis exemption should be “carefully phased in” to avoid new flat-rate fees and stay focused on targeted enforcement in order to protect consumers and support SMEs.

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Dominic Levent Solicitors

Email: Enquiries@dominiclevent.com

Phone: 020 8347 6640

Url: https://www.dominiclevent.com

1345 High Rd

London, London N20 9HR

Divorce and The New Year: 12 Resolutions

spainops — Wed, 31 Dec 2025 10:39:52 +0000

Divorce, as difficult as it is, can also mean new opportunity, a happier life, and a more peaceful way to live. So, when it comes to divorce and the new year, there are certain new year’s resolutions every divorced person should consider, actions that will make 2026 your best year ever!

These don’t have to be your new year’s resolutions, but they might make you think about things, and what you might be able to change to better yourself and your life.

Divorce and the new year: 12 resolutions:

1. I will try to treat my ex with kindness:

Are you rolling your eyes? Don’t! Treating your ex this way is good for YOU and good for your kids. Have you ever heard anyone say, “I wish I wouldn’t have been so nice?” Never. You will like yourself more and that self-like/love will change things for you. I promise. Also, how about “I will try to treat MYSELF with kindness?” Go easy on yourself. You are still learning and you have been through a lot!

2. I will only talk about my ex in a good way in front of our kids.

When kids hear their mom or dad talk about the other in a negative way, it seriously hurts them so much. Please, call your girlfriend and vent and complain about your ex if you need to, or tell your therapist, or your divorce coach, or journal your pain. However you need to express your frustration, do it. Just don’t do it in front of the kids.

3. I will stop looking at old photos of my ex for a little while.

If you are the one who was left, and/or you still wish you were with your ex-spouse, you might still be looking at photos and thinking, “If only I would have done this…maybe we’d still be together…” Please please stop torturing and/or punishing yourself. You don’t deserve that at all. Try not to look back and think about what you regret, what you did wrong, and instead look at the future and try to imagine what and who will make you happy. Put the photos away just for a little while.

4. I will make more of an effort and keep an open mind when it comes to dating.

This is the year to say yes to blind dates, get your profile up on a dating app, and reach out to that guy who you know has an interest in you. What are you waiting for? Look, I know dating is scary and there are so many duds out there. But there are also so many wonderful people who want to be in a great romantic relationship. You deserve to be happy! So, if you want to meet someone, take action.

5. I will take the high road, regardless of how my ex is acting

In case your ex doesn’t get around to reading this article, and he or she is his or her same old self, acting rude, being short, saying cruel things, just let it roll off of you like rain on a plastic rain coat. If you act polite, you will never be sorry. What good does acting rude back do? Nothing but hurt your children.

6. I will stop talking about him/her to everyone

I understand that you need to vent, but know when it’s enough. What I’m saying is, no one wants to meet you for a glass of wine and hear about what a jerk your ex is or who he is dating and what a bitch that girl is. Remember that everyone has problems, even if they have a good marriage. Don’t forget to ask your girlfriends about THEIR lives. I know it seems like your divorce is the center of the universe (that’s how it was with me) and it is. But there is so much more in life to talk about.

7. I will appreciate my body and my health and stop focusing on my physical flaws.

Instead of worrying that you just gained 10 pounds during the holidays, focus on the fact that you are healthy enough to go to the gym and lose it in January. You’re great! You’re beautiful! Focus on highlighting what you HAVE and lastly, if you love yourself on the inside, you will like what you see in the mirror.

8. I will stop analyzing what went wrong or what I did wrong.

Leave the past in the past. It’s exhausting to keep drudging it up. Aren’t you tired? Think about today. Live and enjoy every single day. And, think ahead to how you are going to get the life you want and deserve. Living in the past only creates sadness and regret. You deserve better than that.

9. I will try to let go of the hate, anger and resentment.

If you have hate, anger and resentment, it’s very hard to live a happy life. A divorced woman once said to me, “I can’t let it go. I don’t know how.” No one can tell you how to let it go, and you can’t fake it. This one is all in your heart.

10. I will start loving myself more.

If you are a good parent, and if you live your life trying to be a good person and do good things, what’s not to love? PLEASE, recognize and appreciate all your wonderful qualities and stop focusing on what you lack.

11. I will live in the present moment and stop focusing on the past and the future.

Looking at the past is unproductive and can feel depressing. Looking at the future tends to cause anxiety and fear, unless you are looking at your dreams and goals. What matters so much is how you spend each day, enjoying and appreciating it like a gift, and being with the people you love.

12. I will let God drive.

Remember how little control we have over our lives. Remember that we can only control what we do and how we act. We can’t control what is going to happen to us. So, let God control that, and have faith that He will take care of you. In other words, stop being afraid and just live.

Happy New Year, and best wishes for a truly happy 2026!

Like this article? Check out, 9 Things I Learned in Divorce

The post Divorce and The New Year: 12 Resolutions appeared first on Divorce Blog | Divorce Support Blogs.

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Dominic Levent Solicitors

Email: Enquiries@dominiclevent.com

Phone: 020 8347 6640

Url: https://www.dominiclevent.com

1345 High Rd

London, London N20 9HR

How To Stop Thinking About Your Ex With Someone Else

spainops — Wed, 10 Dec 2025 09:43:51 +0000

There are countless difficult aspects of ending a relationship and/or getting divorced. One of the big issues I hear from people—no matter if they wanted the divorce or their spouse left them, is fear of how they will feel if and when their ex starts dating someone else. Picturing him or her in another romantic relationship can actually become an obsessive thought, leaving you not knowing how to stop thinking about your ex with someone else.

Thinking about your ex with someone else can become so consuming, that it might even cause you to second guess your decision to get divorced.

That’s what happened to this reader, who posted this question in the Divorced Girl Smiling Facebook group:

Anyone else struggling with trying to figure out if you actually WANT to stay with your soon-to-be-ex or that you do not want to see him with someone else? You don’t want to see that he can be a better partner with someone else?

Several years ago, I was in this situation personally. I knew in my heart that divorce was the better option for both of us, yet when it came to thinking about my ex with someone else, I had these thoughts going through my head:

Maybe I could make this relationship work. I mean, why let him go and let him realize the changes he needs to make and then be a great spouse for another woman? That woman could be me! Also, what if I never meet anyone else and am alone? Or, what if I meet some other guy and he’s a lot worse?! What if my ex has learned how to be a great husband and now someone else gets to benefit from that?!

These thoughts are toxic and they can really make a person doubt their decision and lose faith in their gut feeling about what’s right.

From an outsider looking into this woman’s situation, I have this to say.

Staying with your soon-to-be-ex so that he will not meet someone else is a really, really bad idea. You either want to be divorced or you don’t. His road ahead (and his love life) should have nothing to do with your decision.

Sure, seeing your ex move on and fall in love with someone else is hard. It kills, actually. Even if you wanted the divorce. But is that a reason to stay miserable with him forever? No.

I tell people who are doubting their decision to divorce to sit down and write out a list of reasons they want the divorce, what isn’t working, and all the things their ex has done to contribute to the divorce. If after you make the list you still are unsure that the divorce is the right thing, then maybe it’s time to have a talk with your ex and try to work things out.

That said, I can almost guarantee that list makes a person realize divorce is the better option. Save the list and read it every time you are having doubts. Why? Because it’s the much needed wake up call to reinforce a decision that has probably been well thought out, for months, even years. It’s how to stop thinking about your ex with someone else because you won’t care!

I believe that the human mind, in order to protect ourselves, blocks out the bad stuff and tends to recall mostly the good.

While there’s nothing wrong with remembering good times and good things about your ex, it’s the bad stuff that is the reason for the divorce, and if we ignore it, or turn a blind eye, we will either get back together, or continue to have these doubts about the divorce and think about the ex with someone else and feel sick about it.

How to stop thinking about your ex with someone else

If you know that divorce is the best option, yet you still can’t stop thinking about your ex with someone else, here are my suggestions.

1. Know that even if he falls madly in love with another woman, he might make some changes for the positive, but they might only be temporary. Plus, people don’t change in their core.

2. Both you and your ex are most likely going to be better partners in your next relationship. That’s a good thing! With divorce and every relationship comes learning and growing. Try to be happy about the fact that your ex is a better person in his next relationship. You will benefit and so will your kids.

3. Focus on your own life, not your ex’s life. Think about who YOU might meet, not who he is meeting.

4. Read your list. It will reinforce your decision that divorce is the best option.

5. Have faith. Things will work out for the best.

6. All you can do are things that are in your control: make good decisions and work towards your own goals. Your ex meeting someone else is out of your control. How you choose to live your life is very much in your control.

The bottom line is, I get it. Thinking about your ex with someone else is awful. What if he ends up happy and never thinks about me again? What if he realizes divorce was the best thing that ever happened to him? What if he meets the love of his life and I meant nothing to him?

The key is realizing that these are irrational thoughts. The divorce is either the right thing or it isn’t. It has nothing to do with whether he might be a better partner with someone else. It has to do with getting out of a toxic situation that isn’t right for you, him and the kids.

Whenever you’re thinking about your ex with someone else, shift to this thought: The future is wide open, it’s a blank page. You don’t know what’s going to happen, and you can choose to see that in a scary or depressing way, or an exciting and hopeful way. Exciting and hopeful is a lot better, don’t you think?

Like this article? Check out, “20 Things I wish I could have told My Newly Separated Self”

The post How To Stop Thinking About Your Ex With Someone Else appeared first on Divorce Blog | Divorce Support Blogs.

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Dominic Levent Solicitors

Email: Enquiries@dominiclevent.com

Phone: 020 8347 6640

Url: https://www.dominiclevent.com

1345 High Rd

London, London N20 9HR

How Do You Know When To Leave a Marriage? 17 Women Have Answers

spainops — Wed, 03 Dec 2025 10:34:28 +0000

It’s hard to believe it’s been 18 years since I was sitting in my therapist’s office with tears streaming down my face, realizing my marriage had to be over. How do you know when to leave a marriage?

It’s different for everyone, but for me, it was a feeling of certainty that just rushed over me. My ex and I had gone back and forth so many times, trying to make it work because we had young kids and because staying together was the “right thing” to do. But things had started to happen in the last couple years that seemed like the forces of fate were pulling us apart and staying just wasn’t working no matter how hard we both tried and wanted it to work.

Recently, a member of the DGS Facebook group page asked this question:

How do you know when to leave a Marriage?

Several members of the group responded to the question. Here are their responses to “How do you know when to leave a marriage”:

1. When you stop asking that question
2. When you have to ask this question, you already know. Turn the volume way down on what your head is telling you and pay attention to what your inner voice is saying. I bet You know already.

3. When all the reasons NOT to Sound like minor inconveniences. (Work til I am 80? Sure!)
4. I realized I didn’t deserve to be treated and spoken to the way my Ex Husband had been.
5. When you look at your spouse and feel indifferent and look at them like “ew.”
6. When he tells you that he wants to see other woman and would that be ok with you. You’re my husband dude.
7. When u wake up in the ICU because your spouse tried to kill you.
8. When you know that living on the streets would be better than staying.
9. When you’re helping your daughter look for guys on jDate and you see that your husband is on the dating site.
10. How do you know when to leave a marriage? For me it was like a switch went off in my head and I knew it was time
11. One day you’ll realize you just can’t do it anymore and want happiness for yourself. Listen to your heart.
12. When the scale tips. The pain of staying is greater than the pain of leaving.
13. If you have to even ask…. you are more than ready.
14. For me it was when I had absolutely no emotions left – love, anger, hatred, nothing at all. A totally numb feeling.
15. When you have nothing left to give.
16. When you’re not afraid to leave or in my case knew if I didn’t get out I’d cease to exist.
17. You need to feel that you tried your best to make things work but couldn’t. This way down the road, you won’t blame yourself for something you shoulda, coulda, woulda done differently. You’ll know when your done. with no regrets.

I love all these answers so much, and it’s important to realize that every situation is unique, and you can’t compare yourself to anyone else’s situation.

A lot of people responded to “how do you know when to leave a marriage?” with, “You’ll know,” and while I think that is true, I think for a long time, everyone has doubts—wondering if you are doing the right thing. Think of the doubts as if they are on a spectrum of people who have 100% absolutely no doubt to those who have doubts often, to occasionally to those who have doubts about leaving the marriage all the time.

I think having doubts and second guessing yourself is normal, given how scary the unknown of divorce can be and the stress of the actual divorce process. But that doesn’t mean you aren’t doing the right thing by getting divorced.

Here’s an exercise you can do if you are wondering if you should really be getting divorced: Take out a piece of paper (or open a word document) and write down all the reasons why you think getting divorced is the right thing. Write down every single thing, every story, every concern, every red flag, everything that has happened in the past leading you to this point.

Then, save it and read it whenever you have doubts. You can also continue to add things to your journal as they come up. Journaling in this manner might convince you that you shouldn’t be getting divorced, but I think those odds are slim. I think journaling, which helps people feel validated and justified and heard, will build up your confidence and assure you that you are on the right path because in your heart you will know.

Leaving a marriage is a big big big big deal, a true life altering decision, and that’s a lot of pressure on a person. But if you keep breathing, keep parenting, and do what truly feels right, you’ll be just fine.

Like this article? Check out, “20 Things I Wish I Could Have Told My Newly Separated Self”

The post How Do You Know When To Leave a Marriage? 17 Women Have Answers appeared first on Divorce Blog | Divorce Support Blogs.

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Dominic Levent Solicitors

Email: Enquiries@dominiclevent.com

Phone: 020 8347 6640

Url: https://www.dominiclevent.com

1345 High Rd

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Why Proper Financial Tracking Is Essential for Any Business

spainops — Tue, 14 Oct 2025 08:26:04 +0000

Information on buying or selling retail businesses in commercial premises

spainops — Thu, 04 Sep 2025 09:53:27 +0000

Buying or selling a retail business operating in commercial premises involves several important steps and considerations. Here’s an overview to guide you through the process:

1. Due Diligence

For Buyers:

Financial Review: Analyze the business’s financial statements, tax returns, and sales records.
Lease Agreement: Review the commercial lease for terms, transferability, rent escalation, and obligations.
Legal Compliance: Ensure business licenses, permits, and registrations are valid.
Inventory and Assets: Assess the value and condition of inventory, fixtures, equipment, and intellectual property.
Reputation and Contracts: Check customer reviews, supplier relationships, and any ongoing contracts.

For Sellers:

Prepare Documentation: Gather financial records, lease agreements, asset lists, and employee details.
Business Valuation: Obtain a professional valuation to set a fair asking price.
Lease Considerations: Notify the landlord and check the lease’s transfer or assignment clauses.

2. Negotiation and Agreement

Letter of Intent (LOI): Outlines the basic terms of the deal, subject to due diligence.
Purchase Agreement: Legal contract detailing the sale terms, assets included, liabilities, purchase price, and closing conditions.
Inventory Count: Conduct an inventory audit close to the sale date.

3. Lease Assignment/Transfer

Landlord Approval: Most leases require landlord consent for assignment or subletting. The landlord may review the buyer’s financials and business plan.
New Lease Negotiation: In some cases, a new lease may be drafted rather than assigning the old one.

4. Transition and Handover

Employee Transition: Decide which employees will stay and ensure compliance with labor laws.
Supplier and Customer Notification: Inform key stakeholders about the ownership change.
Training and Support: Sellers may offer training to ensure a smooth transition.

5. Legal and Regulatory Requirements

Business Licenses: Transfer or obtain appropriate business licenses and permits.
Tax Obligations: Settle outstanding taxes and file required tax forms (e.g., sales tax clearance).
Non-Compete Agreements: May be included to prevent the seller from opening a competing business.

6. Professional Assistance

Business Brokers: Can help with valuation, marketing, and negotiations.
Accountants and Lawyers: Essential for due diligence, drafting agreements, and ensuring compliance.

Key Tips

Start with a confidentiality agreement when sharing sensitive information.
Perform thorough due diligence—don’t skip legal or financial reviews.
Clarify what is included in the sale (stock, IP, customer lists, etc.).
Carefully review the commercial lease and ensure all obligations are understood.

If you need more specific guidance (e.g., a checklist, template agreements, or advice relevant to a particular country or state), please let me know!

Divorce Advice for the First Year

spainops — Thu, 31 Jul 2025 08:25:34 +0000

From the minute a spouse says, “I want a divorce,” (or they say it to their spouse), life completely changes, and I’m not going to sugarcoat it, it’s really really hard. Speaking from my experience, the first year is the hardest, and then things start to get better. But I want to say this: even though it’s hard, that doesn’t mean you can’t and won’t have enjoyment in your life. In other words, it’s not all bad. There are still happy, empowering moments and lots of significant lessons learned. I want to offer divorce advice for the first year that I think might help.

Here is my divorce advice; a snapshot, or a divorce timeline with certain things that I think tend to happen starting from day one of the separation through 12 months (or four seasons.)

1. The minute your ex says, “I want a divorce,” or you say it, it’s almost surreal.

Sure, it’s been building for months, years, perhaps. You knew it was coming, but it still feels utterly shocking. Or, maybe you had no clue it was coming. (Yet, as time goes by you begin to realize that you purposely missed all the signs because you didn’t want to see them.) The first few weeks of going through a divorce, you run on autopilot. It’s almost like you are sleep walking through life. You seriously cannot believe this is happening.

My divorce advice:

Take things day by day. Just get through the days trying to get everything done, while allowing yourself to absorb what is happening. Be sensitive to your children. Remember, they probably don’t know yet, so try to act normal and try not to cry in front of them. Crying to others or by yourself, however, is in my opinion, a good thing. Grieving is healthy and normal. Lastly, try to enjoy moments. In other words, don’t write you life off. You still deserve to have enjoyment every day, even from little things.

2. Over the next month or so, reality starts to kick in.

There’s a pretty good chance, one or both of you will retain Lawyers, and you and your ex come to an agreement on temporary child support and other financial matters. You tell your kids (which I think if you ask most people if they were given a choice between telling the kids their parents are divorcing or being stabbed, they’d take the stabbing.)

My advice: tell the kids together. It’s the first step in showing them that you are still parents who are on the same page when it comes to them. Give them lots of hugs and kisses and talk to them A LOT. I would suggest getting a therapist at this point, if you don’t already have one because at this point, a lot of pent up resentment is coming out and there can be a lot of anger, and you really don’t want to express it in front of the kids. Therapy is a necessary outlet.

3. You or your ex moves out.

Now reality is really, really kicking in. This is real! If you are a man who moves out, I don’t know how you feel, but I can tell you I imagine it being gut wrenchingly sad and awful. If you are a woman, you come home one day and all his “stuff” is gone and it is so sad, it’s nauseating. My advice: Focus on your kids. They are probably really feeling it now. It’s okay to be sad together. There’s a fine line–you don’t want to bawl your eyes out and make your kids feel like you’re not OK, but you don’t want your kids to feel like you aren’t sad about the divorce, either. So, somewhere in the middle is good.

4. You spend time without your kids.

Another huge blow. You wake up and the house is quiet and you are alone.It’s the worst feeling in the world. If it’s a holiday, that makes it doubly worse. You start drinking wine by yourself (I did this and I would drunk dial my girlfriends and cry.) My advice: minimize drinking, use your support group (your friends) but for coffee or while working out. This is a great time to start networking for jobs, or focus on your current job.

5. You dip your toe in the dating water.

Yikes. This takes you to a new level of depression. There are no good guys (or girls) out there! Some of my dates and relationships were actually so ridiculous that they ended up as characters in book, “Who Let The Dogs Out.” Or, you start dating a bunch of people and you love it for awhile.

My advice: Just enjoy the company of new people. Take them for who they are. You can meet someone who you’d never want to kiss in a million years and she could end up being a close friend. You could meet someone who ends up helping you in your career. And if you are having fun with dating, great! You deserve to be happy. Just go with it.

6. You find out your ex is involved with someone.

I don’t care whose decision it is to get divorced, when you find out your ex is dating someone it’s like a punch in the stomach. My advice: I wish I had better advice, but you have to just deal with it. Let time go by and see what happens, and focus on your own love life and other great things going on in your life. And don’t think he or she found their sole mate on the first try! Things are not always as they appear.

7. You delve into the legal part of your divorce.

Court orders, lawyer fees, possibly mediation. Thinking of all that still makes me nauseous even after all these years. My divorce advice: Be patient and make sure you trust your attorney. It’s a gut feeling. You know. If you are having a bad feeling, you can switch. It’s not as difficult as you think.

8. A year to the day he told you he wanted a divorce-or you told him.

You sit and reflect. You think about all the crying you did, all the times you consoled your kids or dealt with their behavior-acting out because of the change, you think about all the fighting and bickering you and your ex did, how much you felt his or her hatred, how many times you thought you might want him or her back, how many times you swore you hated his guts, and two days later, you remembered how much you used to love him.

You think about all the dating, partying, crazy things you might have done. But here is what (hopefully) you are thinking:

I’m in such a better place than I was at this time last year.

I have a job (or my job is going well), my kids are in a better place, not having to deal with the fighting and/or lack of love that was in their home, I’m dating someone I like (or I just don’t care about that right now), and my ex and I are civil and in a good place with each other.

I will always remember that first year as the most difficult year of my life. But it could be the year I learned more about myself than any other.

Divorce advice:

I think when you go through a divorce, it’s empowering to realize how strong you can be when you need to. How you can think you are falling apart and then realize you are way too tough for that. There’s a feeling of self-confidence and grace that is beyond rewarding, and it comes from rising out of a brutally difficult situation, handling it with courage, accepting what you can’t control, and having the guts to go out and grab the life you want.

Like this article? Check out, “20 Things I Wish I Could Have Told My Newly Separated Self”

The post Divorce Advice for the First Year appeared first on Divorce Blog | Divorce Support Blogs.

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Dominic Levent Solicitors

Email: Enquiries@dominiclevent.com

Phone: 020 8347 6640

Url: https://www.dominiclevent.com

1345 High Rd

London, London N20 9HR

A guide to securing business loans for London-based startups

spainops — Mon, 21 Apr 2025 09:06:56 +0000

What Is Litigation?

spainops — Sat, 12 Apr 2025 14:03:13 +0000

Litigation Explained

The term “litigation,” which you may have heard of refers to the actual process of bringing a case before a judge or jury.

A definition of general litigation

“When a person, business, or entity enters into a lawsuit, whether they have filed the lawsuit or are responding to it, they are entering into a process known as…” is how the Legal Dictionary defines litigation. Lawsuits, often known as “actions,” are filed in order to enforce a specific right. In reality, the litigation process is a sequence of actions done to end the dispute, whether it be through court proceedings or settlement agreements.

Common types of general lawsuit

A general lawsuit comes in a variety of formats. Despite their differences, some of their characteristics may also be similar.

Plaintiff’s Personal Injury

According to the law, the plaintiff is the one who files a case against another individual. In UK law, the term itself is no longer used; instead, the party making the claim is now called a “claimant.” In personal injury cases, this is typically the individual who has been hurt and feels entitled to payment from the party they hold accountable for the harm.

Compensation may be sought in personal injury cases for a variety of different components of the accident-related injuries. They may consist of

Restitution for hardship and distress
Restitution for lost income and diminished quality of life
Property damage Unlawful death
Payment for the loss of earning potential
Bills and expenses related to medical care
Long-term or permanent disability
Anxiety

In these situations, the plaintiff, also known as the claimant, must show that the defendant’s conduct was the reason for the personal injury.

Compensation for Workers

For those who are murdered, maimed, or ill due to negligence, carelessness, or a lack of training at work, workers’ compensation is in existence.

People who sustain physical injuries at work typically file claims for workers’ compensation, but it can also be used to get compensation for problems including stress, bullying, discrimination, harassment, and wrongful termination.

In the UK, all employers are required to acquire employers liability insurance in order to be able to pay out any compensation that is due. It is crucial to seek legal advice if you think you may have a case against your company.

Workplace Conflicts

Litigation may be an option if you feel that you have been harmed at work and that you have a case against your employer for, say, professional negligence, contract violations, or general business problems.

In this situation, you should typically consult with an attorney, who will advise you on your next course of action after you have presented them with the evidence you have against your employer. Because it can harm their image, firms frequently choose to resolve these conflicts through mediation rather than going to court.

Business Cases

Corporate law governs corporate disputes in the United Kingdom. Investors have the right to defend themselves against wrongdoing by the corporation, including the board of directors. In most corporate lawsuits, the plaintiff is a member, director, or shareholder. On occasion, we witness business partners suing one another for, say, fraud or contract violations.

Copyright, violation of fiduciary duty, trademark infringement, and unfair competition are additional topics that may be included in corporate litigation.

Lawsuits for Collection

Collection lawsuit is the process of collecting money owed to a third party. Lawyers will always attempt to collect the money owed to their clients through other channels before going to court, but in certain situations, this is the most efficient method of doing so.

Children’s Wellbeing and Schools Bill progresses, but Children’s Commissioner highlights missing priorities – Family Law Week

spainops — Tue, 14 Jan 2025 10:30:52 +0000

On 8 January 2025 the Department for Education issued a Statement ahead of the subsequently successful further reading of the Children’s Wellbeing and Schools Bill. Within that Statement they note proposed key benefits, stating:

“Major reforms to protect thousands of vulnerable children hidden from sight will take another crucial step forward today, as the Children’s Wellbeing and Schools Bill is debated in Parliament (8 January 2025).

Children not in school registers, stronger powers for councils to make sure children are getting the right education, and a unique identifying number for every child are part of major reforms to help tackle the tragedy of children vanishing from education and protect young people from exploitation, grooming and abuse.

The recent Child Safeguarding Practice Review Panel Annual Report 2024 highlighted that children experiencing harm outside the home, including exploitation, were likely to be not enrolled in school, missing education or have poor school attendance, and that’s why the bill will also strengthen multi-agency safeguarding arrangements to quickly identify significant harm. This comes as the government announced action this week on three key recommendations from the Professor Alexis Jay review to address significant failings to keep children safe.

According to the latest government data, around 111,000 children and young people are home educated, up from an estimated 55,000 before the pandemic. This is alongside the 150,000 children missing education all together at some point during the last year. The bill will bring in unprecedented safeguards for home educated children, ratchet up powers for councils and compel local authorities to establish dedicated, multi-agency safeguarding teams to keep track of children.

Measures will also put more cash back in working parents’ pockets by capping the number of branded items schools can require as part of their uniform. This could save some families over £50 per child during the back-to-school shop, ensuring parents have as much flexibility as possible to shop around and save money. It will also give every parent of a primary school child a legal entitlement to a breakfast club, saving them as much as £450 per year.

The Children’s Wellbeing and Schools Bill, that will bring these measures into law, has its second reading in Parliament today, helping make child-centred government a reality and deliver on the government’s Plan for Change”.

Education Secretary Bridget Phillipson said:

“Keeping children safe will always be my first duty as education secretary, but we can only truly do that if we know where our children are. The sad reality is that at the moment there are thousands of children hidden from sight.

This government will make no apologies for doing whatever is necessary to keep children out of harm’s way, and I will not stand by while some young people fall through the cracks, left without a good education and vulnerable to exploitation and abuse.

This landmark bill is a crucial step forward in our mission to protect all children, while also supporting parents by putting more money in their pockets as we deliver our Plan for Change and give all children the best start in life.

Measures to reform children’s social care and help reduce the number of children missing education that are being introduced in the Children’s Wellbeing and Schools Bill include:

- all councils will be required to hold a register of children who are not in school. Councils will be able to require parents and providers of out of school education to share information like name, address and the nature of the education children are being provided a unique number for every child – in the same way every adult has their own national insurance number – to join up systems and make sure no child falls through the cracks.
- A consistent identifier will allow those responsible for the safeguarding and welfare of children to better join relevant data and identify children who will benefit from additional support
- the removal of the automatic right for parents to educate children at home if their child is subject to a child protection investigation or under a child protection plan. Schools will need to check with the local authority where a parent asks to remove a child from school to home educate, to establish whether the local authority’s consent should be obtained.
- if any child’s home environment is assessed as unsuitable or unsafe, local authorities will have the power to intervene and require school attendance
- making sure every council operates best practice ‘multi-agency’ safeguarding panels, that bring together all the professionals that can best make sure children are kept safe both inside and outside the home
- Wider measures in the bill include capping the number of branded items schools can require as part of their uniform. Primary schools will be able to require a maximum of 3 branded items, and secondary schools will have the option to include an additional item if one of those is a tie”.

The Children’s Commissioner also issued a Statement however on 9 January 2025, highlighting a Briefing for MPs on the Bill, welcoming the Bill, but also highlighting areas in which it could be improved. She wrote:

“As Children’s Commissioner, I want England to be the best place for children to grow up, where every child can be safe, healthy and happy. My role was born out of the need to hear children’s voices, who too often are excluded and overlooked in a system designed for adults.

The death of Sara Sharif, and the recent resurfacing of the crimes by grooming gangs have highlighted that too many services children rely on are failing – whether that is children missing out on the benefits of school and education, or children living in social care who, instead of getting the care they deserve and need, grow up in wholly unsuitable and illegal children’s homes.

I am pleased to see the urgency with which the Children’s Wellbeing and Schools Bill is being introduced and taken through Parliament. The Bill lays a strong foundation for change for every child. It is an important opportunity to better protect children who are at risk of serious harm or abuse, to better support children with complex needs, and to ensure children currently hidden or missed by public services get the help and protection they need. For these children, change cannot come quickly enough.

…

The Bill includes several significant measures for which I have advocated since taking up the role of Children’s Commissioner in 2021. I have called on successive governments to introduce a unique identifying number for children, as well as a register for all children not in school. Writing these two landmark measures into law will be of huge significance for all children in this country, especially those who face the risk of neglect or abuse outside of school.

The Bill sets out important first steps, but there will be a need for further legislation in this parliament that focuses on children, not least those with Special Educational Needs and Disabilities (SEND). A clear vision of reform for this long-overlooked area of support is crucial and must not be seen in isolation from other improvements to children’s services.

…

There are a number of areas where I would like to see proposals strengthened to go further:

- Protection from assault: This is the opportunity to give children the same protection from assault as adults in England. The Bill should send a clear message to children that the state is there to protect them and should eliminate any shades of grey which leave parents, carers, professionals – and children themselves, uncertain about what level of violence is acceptable.
- Illegal children’s homes and deprivation of liberty: Some of the most vulnerable children in the country are being placed in illegal children’s homes, denied safe and appropriate care, or are having their liberty deprived without proper safeguards. This legislation is an opportunity to bring an end to both.
- Home education: I warmly welcome the introduction of a register of children not in school but believe the Bill should go further to both improve the support for children in home education and to introduce a clear national framework for data sharing, so that local Children Missing Education teams can quickly identify and support children missing education to return to education.
- Child protection: To better protect children, I would like to see a requirement introduced to obtain consent from the local authority before a child is removed from school where a child has been referred to social services for a Child in Need or Child Protection enquiry in the last 12 months where the primary need was abuse or neglect. Where children have a Child in Need Plan or a Child Protection Plan, for these reasons, there should always be a named school.
- Schools as safeguarding partners: Alongside the police, local authorities and health settings, I would like to see schools made the fourth statutory safeguarding partner. Education settings play a vital role in safeguarding. The Bill only puts in place measures to require education partners’ participation, it does not make them a partner and therefore does not put them on an equal footing with social care, health and police…”

For the Department for Education Press Release see here.

For the Children’s Commissioner’s Press Release, see here.

For the Children’s Commissioner’s Briefing for MPs, see here.

News Editor- Mark Chaloner, Barrister, 42BR

13/01/2024

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London leads UK business confidence in November

spainops — Sun, 08 Dec 2024 10:06:07 +0000

Business owners feel the pain: Significant CGT, IHT and employers’ NIC changes confirmed

spainops — Thu, 31 Oct 2024 09:55:17 +0000

London Confidence Is Booming

spainops — Wed, 10 Apr 2024 15:44:37 +0000

The Power of Venting to Someone During Divorce

spainops — Mon, 12 Feb 2024 18:54:28 +0000

“I hate him so much!” “This is so unfair.” “I’m going to go broke by the time this divorce is over!” “Why is God doing this to me?” “I hate my life.” “Who’s going to want me now that I’m 45 and single again?” “He already has a girlfriend!” “My kids are going to grow up so messed up.” “I’m scared.” “Last week, he threw the child support check at me.” “He’s such a jerk.” “I can’t even be in the same room with him!” “He makes me sick!” Sound familiar? These are all examples of what venting to someone might look like.

What does venting mean?

Venting is expressing yourself verbally, usually with a lot of emotion. I know this because I vent a lot. I vented a ton during my divorce, and I still vent today—about many things in my life. I think venting to someone is one of the healthiest ways of coping with fear, anxiety, anger, and other emotions. But what happens when you vent to someone and you get a reaction you don’t want?

Here are some examples of not getting what you want when you vent to someone:

1. Oh, wow, that never happened to me. (I’m sorry, are we talking about you? And how is telling me you’ve never had this problem helpful?

2. Stop complaining. You have your health, don’t you? (So I’m not allowed to express how devastated I am about my husband and I getting divorced because I don’t have cancer?)

3. You’ll be fine. (That’s a nice thing to say, but I’m not fine now! I’m infuriated and I just want to scream!)

4. Let me give you some advice…(I don’t want your advice! I just want to feel heard and validated, like I’m not going crazy!)

Why people vent:

I vent because if something is really bothering me, venting to someone about it is extremely cathartic. People don’t vent because they want advice from the person they are venting to. They usually don’t expect anything from that person except for them to HEAR what we’re venting about.

People who vent want to feel validated. They want people to understand how much pain they are in, how much fear they have, how angry they are. I don’t even think people venting want the other person to respond with something like, “Yeah, I hate him too!” Or “You’re right, he is an asshole.” Well, maybe they do. It certainly can’t hurt, right?!

Venting has so many benefits, even if the person you are venting to isn’t even listening! (which half the time, I think people tune out during a venting rant.)

The benefits of venting:

1. Venting is equivalent to “getting something off your chest.” When you do this, you immediately feel like weight is lifted off of you—like you got out some of your frustration. I actually often feel tired after venting. Venting takes energy because there is so much emotion happening.

2. Venting will make you a nicer person because you don’t have all of this toxicity bottled up inside of you.

3. Venting will show you a lot about the person you are venting to. What was the reaction? Was it one of my above reactions (of what not to say?) Or, did the person just nod and show empathy and listen? (which is a great reaction to venting.)

4. Venting might stop you from calling your soon-to-be-ex and going off on him! Think about it. Once you get those words out, you might not feel you need to say them again.

5. Venting can be done on paper, by the way. If you want to vent, but no one is around or you feel like you are venting too much to your friends and family, try journaling your pain and frustration.

If you think about it, journaling is venting. And the bonus you get by venting on paper is that you can re-read it at any time and get that validation again. So, it’s like you’re venting again.

Who you shouldn’t vent to, and when you should and shouldn’t vent:

1. Vent to: a therapist or in a support group, or to a close family member or friend. But be careful. You don’t want what you say to get back to your soon-to-be ex. So make sure you are venting to people you really trust.

2. Do not vent to: Your soon-to-be ex’s family or friends, or anyone in your community who is gossipy. Also, do not vent on a public Facebook page! The negatives that happen when you do that could be an entirely different article.

3. Don’t vent too much—in other words, don’t start venting every time you talk to or get together with your girlfriends. That can cause burnout, and they might stop returning your calls. Remember that everyone has problems-even those who are happily married, and they might want to vent, too.

Venting is healthy and I would highly recommend it. But one more piece of advice…

The other day, I called my mom and started venting about a problem I’m having. I found myself yelling at her as she tried to console me because I didn’t want to be consoled. I just wanted to express my frustration, fear, disappointment, and anxiety. So, my last piece of advice about venting to someone is, if you are mean to that person, call them back and apologize, and let them know it has nothing to do with them, that you just needed to vent.

Like this article? Check out, “Going Through an Unfair Divorce? How to Cope”

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National Audit Office criticises government’s management of legal aid

spainops — Fri, 09 Feb 2024 20:40:56 +0000

The Ministry of Justice does not know whether everyone eligible for legal aid can access it and the government needs to do more to ensure the sector is sustainable, a damning report from the public spending watchdog states today.

And while the MoJ has succeeded in its objective of significantly reducing spending, it cannot demonstrate how much its reforms have saved the public purse, the National Audit Office said.

According to the report, on the government’s management of legal aid, the ministry does not collect sufficient data to understand whether those entitled to help can access it. On market sustainability, the ministry ‘has been slow to respond’ and its ‘reactive approach’ is concerning.

The NAO said: ‘MoJ must take a more proactive approach and routinely seek early identification of emerging market sustainability issues, to ensure legal aid is available to all those who are eligible. Until then, it cannot demonstrate that it is meeting its core objectives and so securing value for money.’

The report points out that civil fees are now roughly half what they were 28 years ago, while the Law Society had to take the ministry to court after criminal fees for solicitors were raised by 11%, not the 15% recommended by Lord Bellamy’s review.

The NAO said the ministry should work with providers on fee levels, suggesting it could liaise with practitioners to understand the profitability of legal aid work and market sustainability, such as through open-book accounting.

An MoJ spokesperson said: ‘Our priority has always been to ensure legal aid is available to those who need it most – evidenced by the fact that in the last year alone we have spent nearly £2bn helping people facing legal difficulties, including thousands of families and domestic abuse victims.

‘This month, we announced proposals for a £21.1m pay boost for criminal legal aid lawyers and we have already increased most criminal legal aid fees by 15% – ensuring representation is available when needed. This is on top of our ongoing root-and-branch review into civil legal aid. We will now consider the NAO’s findings closely.’

Law Society vice president Richard Atkinson said the report landed at a timely moment for the future of civil and criminal legal aid, as both systems ’are on their knees, with evidence showing that it is becoming increasingly difficult for legal aid providers to sustain a business’.

He added: ’This landmark report shines a light on the stringent and successive government cuts to legal aid alongside stagnant fees paid for expert advice provided by the remaining charities and small firms. Too frequently it is said that justice is not a priority for this government, but we would hope recent events will call for reflection on how it supports our courts systems.

’The public do care about justice and are vocal about when it is lacking. Our justice system can no longer be ignored and we urge the government to properly invest in our justice system so the public can have confidence in it.’

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Criminal legal aid: no widespread systemic failure, government tells High Court

spainops — Fri, 15 Dec 2023 17:43:28 +0000

A few duty solicitor schemes under particular strain do not amount to widespread systemic failure in the criminal legal aid sector, lawyers for the government have told High Court judges hearing a judicial review challenge brought by the Law Society over solicitors’ fees.

Chancery Lane is challenging the government’s decision not to raise criminal legal aid fees by the minimum 15% recommended by an independent criminal legal aid review two years ago.

Sir James Eadie KC, for the lord chancellor, told Lord Justice Singh and Mr Justice Jay yesterday that the government does not accept there are areas where individuals are unable to access criminal legal aid representation.

Eadie said: ‘There is a functioning duty solicitor scheme in all geographic areas. There are certainly capacity challenges in a small number of areas, but these are actively being managed. There are various different factors that may feed into these particular challenges in each of these particular areas, and they are not therefore, or at all, representative of a broader systemic problem with criminal legal aid provision. Nor do we accept the remuneration decision has caused any such consequence.

‘There are contingencies in place, including emergency deployment of the Public Defender Service, which means there will always be cover for duty solicitor slots. That’s not to say these problems are not being taken seriously and that’s not to say there may not be need for further thought to arrive at a more structural solution, but for the moment that’s the position.’

On the escalating number of unrepresented defendants, Eadie cited ‘a host of reasons’ for lack of representation: the means test, the interests of justice test, or that the defendant may not need assistance.

‘If the three factors you identified, which have existed for many years, and rates of unrepresented defendants are increasing, can one not infer causation?’ Mr Justice Jay asked. Eadie disagreed, telling the court that it could just be that a greater number of people are falling within those categories.

The court heard that the lord chancellor did not have to commission Lord Bellamy to conduct an ‘extraordinary, detailed inquiry’ and the lord chancellor knew Bellamy was not producing a figure or time ‘that was either immediate or set in stone’. However, the lord chancellor accepted almost all of Bellamy’s recommendations.

The resulting programme of reform will ‘embed and preserve the continuation of a viable system’, Eadie said. Consultation on how to distribute £16m set aside for police station work will begin early next year.

Yesterday, following a request from Mr Justice Jay, lawyers for the government produced previously undisclosed modelling used by the Bellamy review to assess by how much criminal legal aid fees would need to increase to make salaries at criminal legal aid firms broadly equivalent to those at the Crown Prosecution Service.

The hearing drew to a close at lunchtime yesterday. Due to the production of new documents during the hearing, including the modelling used by the Bellamy review, Lord Justice Singh said a further witness statement would be required ‘so that there is evidence in proper form. If that is to be done by the defendant, then we feel that it is necessary the claimants must have an opportunity to respond to that evidence’, Singh said.

Judgment was reserved. Lord Justice Singh said a draft judgment will be circulated in the usual way on a confidential basis. Any breach of confidentiality or the embargo ‘will be taken very seriously by this court’, the judge said.

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Dating After Divorce: When Your Kids Say NO

spainops — Fri, 21 Jul 2023 16:59:09 +0000

Advice for Divorce After an Affair

spainops — Thu, 01 Jun 2023 16:57:17 +0000

I frequently meet with new clients shortly after they or their spouse have revealed or discovered an affair in their marriage. Divorce after an affair is always a painful situation for everyone involved. Emotions run high. On one hand there is anger, hurt, and grief. On the other hand might be guilt, shame, and displaced anger. People feel insecure and confused and are wondering what to do at this point.

Ever situation is unique. Maybe a spouse had an affair that is now over. Or, maybe the affair is still going on and the person is leaving because of the relationship. But one important aspect in every case is that it is important to address the feelings that come up in divorce after an affair. Failing or refusing to talk about the complex and deep emotions can make the divorce more difficult, and can lead to physical and emotional issues.

It is important to note that New York law states that an affair gives the aggrieved spouse the right to get divorced . . . but not much other compensation. In other words, a spouse doesn’t get punished monetarily or with anything having to do with custody as the result of having an affair. So, looking to the law to find a way to manage the feelings that arise in divorce after an affair can feel frustrating and unfair, and can be destructive..

Some other states deal differently with adultery. In some states, a spouse who has been cheated on can be relieved of the obligation of spousal support regardless of other factors. In almost all US jurisdictions including New York , if a spouse uses marital assets to support an extra-marital relationship, those monies are often refunded to the other.

Dealing with Divorce after an affair

One thing I have noticed is that the people who deal most successfully with this situation are able to separate their actions from their emotions. In other words they are able to act in their own interests rather than react to the revealed the affair.

People who are able to think about where they want to go and what this event means to and for them before they do anything are best able to survive the impact financially and emotionally and help their children through a resulting separation or divorce. Some of the things that people do to successfully manage the impact of divorce after an affair are:

Carefully consider whether the marriage can or should survive.
Thoughtfully consider their finances, including their children’s education, their housing situation and their retirement funds.
Protect their children from the details of their parent’s intimate lives.

For some people, fidelity is the bottom line in a marriage. The fact of an affair means it’s over and there are no other considerations. Other people may feel that infidelity is an indication that something is not working well in the marriage, and so they want to work on identifying and exploring the problem further. There is no right or wrong answers. Divorce after an affair is a confusing time for all involved.

In closing, cheating is hurtful. It is extremely painful and can even be traumatic. And, it can lead to making decisions based on resentment, anger, and vengefulness.

Getting some emotional help can make a huge difference in the outcome of your divorce. More specifically, a therapist and/or a divorce coach will help you get through and even thrive through the divorce process, despite all the negative feelings you might have towards a cheating spouse. How? They are here to help you manage your feelings, empower you, and guide you through the process. Having knowledge—about finances, real estate and other assets, divorce laws and more leads to better, smarter decision-making during the divorce.

I am here if you’d like a consultation, and I can also recommend other divorce professionals to help you get through your divorce is dignity, and with as little stress as possible.

Katherine Miller, Divorce Attorney and Founder of Miller Law Group

Katherine E. Miller is a Divorce Attorney, who is also a certified mediator and a trained collaborative divorce professional. In practice for over 30 years and personally divorced, Miller is the founder of the Miller Law Group, all women’s boutique law firm with seven divorce professionals. Miller is also the Director at the Center for Understanding in Conflict, the organization that teaches mediation, collaborative law and other conflict resolution skills, and she hosts the podcast and radio show, “Divorce Dialogues.” Additionally, Miller is the former president of the New York Association of Collaborative Professionals. She is a graduate of Vassar College and Fordham University school of Law. Learn more: Miller-law.com.

Like this article? Check out, “How to Deal with Anger and Rage During Divorce”

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Dominic Levent Solicitors

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4 Tips for Sharing Expenses with Your Co-Parent

spainops — Fri, 26 May 2023 12:41:19 +0000

Money is a sensitive subject for many people to talk about, and even the most peaceful co-parenting situations may find that frustrations begin to flare when the topic of sharing expenses comes up. As a divorced parent, you may have encountered lots of confusion and stress when working with your co-parent to figure out how best to handle shared expenses and reimbursements for child-related costs.

Sharing expenses is part of the transition in divorce and co-parenting, and having a clear system in place for handling expenses and reimbursements will help to reduce a lot of the anxiety that comes with these money matters.

Here are four tips for removing stress from sharing expenses and reimbursements:

1. Protect Your Child From Expense Stress

Even though your child is the one for who these costs are being incurred, they shouldn’t play a role in the actual management of them. Even asking your child to check in with their other parent about an expense, like a field trip check or lunch money, can create an emotional burden for them to carry.

Don’t talk about expenses or reimbursing your co-parent in front of your child. Kids don’t need to know the ins and outs of how their expenses are being handled, nor should they observe any conflict between their parents brought about by these costs. It may only put pressure on them, which could manifest into concerning behaviors and, in turn, make your role as a parent even more stressful.

Instead, find a way to handle money tracking and payments directly with your co-parent. OurFamilyWizard’s Expenses feature makes it simple to keep track of shared costs, receipts, and reimbursements. Both parents have the same level of access to expense records within the system, so you both can have clear visibility into where child-related expenses stand—without having to ask your child to be a messenger.

2. Put an Agreement in Writing and Stick to It

As part of your parenting agreement, coming up with a plan for sharing expenses and handling reimbursements is just as important as deciding your parenting schedule. Document how different types of costs will be handled and by whom. Plan for the big costs like medical expenses and schooling costs, as well as the day-to-day purchases that you often incur. Child support may also factor into how you handle these costs, so consider those payments in your plan as well. If you’re not sure how best to handle decisions about splitting costs, talk to a professional such as a divorce mediator or a Certified Divorce Financial Analyst. These professionals can help you understand how to manage your money and make lasting financial decisions more effectively.

3. Stay On The Same Page About Calculations

When calculating and tracking your shared expenses and reimbursements, the math doesn’t have to be hard. Consider using a shared expense register that calculates the totals for you, no matter what your ratios of responsibility may be. This way, you will know exactly how your totals were determined without having to wonder how they were reached or do the math in your head.

Using tools like those found in the OurFamilyWizard app to track expenses and payments, you’ll have access to tools that break down each expense request into the totals that each parent is responsible for based on custom categories that are assigned to each request. OurFamilyWizard’s Expense Log will help you keep running totals of how much has been requested, is owed, and has been paid between you and your co-parent. Not only can you view these totals in the app, but you can also print reports of all your expenses or details about individual requests for reimbursement.

4. Find An Effective Tool for Managing Expenses and Reimbursements

Apart from how to split expenses, have a plan for how you will reimburse each other for various costs. Having a system for payments and reimbursements ready from the get-go will help to remove some of the stress from this process, but the system that you choose to use can also affect the stress factor involved here.

Mailing checks or sending money orders can be inconvenient and won’t always leave a readily available paper trail to report on if need be. Alternatively, a system like OFWpay will keep both your requests for reimbursements and the details related to payments to reimburse those requests in one place. Again, reports can easily be generated to show details about when payments were made and which reimbursement requests they satisfied.

Removing stress from sharing expenses and reimbursements is much more easily said than done. Money will always carry anxiety with it for many people. However, taking measures to reduce the stress felt when handling shared parenting costs can accomplish two things: it will help your children feel more secure and take stress away from them, and it can foster a healthy co-parenting relationship, which is better for everyone!

If you’d like to learn more about OurFamilyWizard, please visit the website.

Rebecca Perra is a family law attorney as well as a family law and dependency mediator. She also serves as the Judicial Education Coordinator for OurFamilyWizard. In this role, she educates judges, lawyers, and other family law professionals on the online tools that are used to reduce conflict and increase accountability in high-conflict co-parenting situations.

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When Your Ex is Lying on Income and Expense Declaration

spainops — Thu, 04 May 2023 20:30:27 +0000

It’s a well-known fact that some people try to hide money during their divorce. They will sometimes transfer assets to family or friends, hide cash in safety deposit boxes or even set up offshore accounts, just to try and keep their ex from getting her a share of the marital assets. Lying on income and expense declaration is common, as well. I’m sad to say that most often, the spouse who is being duped is the wife.

Men facing divorce suddenly “forget” to tell you or the attorneys everything related to the assets and money. You might call this “divorce amnesia.” (Hat tip to Rhonda Noordyk of the Women’s Financial Wellness Center, the most awesome divorce financial strategist in the world… who coined the phrase.)

Divorce amnesia is all too common in divorce. When it comes to being completely transparent and honest during negotiations, the lies come easily. “Forgetting” is lying, and lying about money is financial infidelity.

These people think that they can actually hide money without consequences. And all too often, the courts refuse to penalize them for their dishonest behavior. Lying on income and expense declaration is so common. I can’t tell you how many times we’ve uncovered a hidden account, only to have a judge divide it 50/50.

Why isn’t there a penalty to the spouse who hid the account? Why aren’t there consequences for lying on income and expense declaration?

If you suspect your soon to be ex is hiding money or assets, and/or lying on income and expense declaration, there are ways to know for sure:

Seek the guidance of a professional. – Of course, discuss your concerns with your attorney first. Qualified, legal counsel can advise you if it could be beneficial to get a forensic accountant involved who will dig deep into your accounts and overall finances to find financial fraud.
Review your bank and credit card statements. – Even if you were not the one “in charge” of the marital finances, you may be able to pinpoint erroneous charges, excessive ATM withdrawals, duplicate utility payments. Don’t be ashamed if you trusted your spouse to take care of the money. This is very common and of course you trusted him. You married him and didn’t go into it thinking you would be going through a divorce.
Check your credit. – A lot of women don’t realize it, but your ex may have gotten accounts in your name that you are unaware of to hide charges for an affair partner. Even if there is nothing suspicious with your credit report, it is always good practice to run your report to know where you stand, so when you are budgeting and planning for life after divorce, you understand your finances.
Trust your gut. – They don’t call it women’s intuition for nothing. That nagging feeling in the pit of your stomach just may be your best indicator that things are not quite right. You deserve your fair share of the assets and money from your marriage. Don’t let anyone tell you differently.

Threats, lies and intimidation are common, especially if the husband was the sole “breadwinner” of the family. Stay-at-home moms are more likely to be manipulated into thinking that they don’t “deserve” anything since they didn’t work outside of the home.

This could not be further from the truth. You have rights. You deserve your fair share. You may have put your career on hold to care for your children and the marital home. This is valuable and you are entitled to your fair share of the assets and money in your divorce.

Don’t let your soon-to-be ex dictate what you get or don’t get in the settlement. Get the advice of your attorney and use your detective skills. Truth is the only cure for “divorce amnesia.”

Tracy Coenen, CPA, CFF, is a nationally recognized CPA and forensic accountant, who focuses on finding hidden money in divorce cases. A solo practitioner for over two decades, Coenen also works in the areas of fraud investigation and corporate litigation. Coenen is the creator and founder of the Fraud Coach, the company that hosts the Divorce Money Guide, a 10-step handbook for men and women getting divorced aimed to help determine if a spouse is hiding money, Post-Divorce Money Guide, a 10-step handbook in managing your money after divorce, and the Marriage Money Guide, a tool to help you manage your money before walking down the aisle.

Like this article? Check out, “Is Your Spouse Hiding Money in the Divorce?”

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6 Tips & Tricks to Skyrocket your Business Sales for a higher Profitability

spainops — Mon, 07 Nov 2022 21:21:15 +0000

Raab promises to put victims ‘firmly at heart of justice system’

spainops — Wed, 25 May 2022 13:59:21 +0000

he Government has promised to put the “needs and voices” of victims “firmly at the heart of the justice system” with a series of legal reforms.

Justice Secretary Dominic Raab is publishing draft legislation which could pave the way for the first victims’ law in a bid to provide better support and increase the conviction rate.

In an overhaul of the current provisions, prosecutors will be told they need to meet victims in certain cases before a trial to hear their views.

There will be also be a 20% increase in the victim surcharge penalty fee paid by convicted criminals when sentenced. This will help fund services like rape support centres and is estimated to raise an extra £20million by 2025.

Justice Secretary Dominic Raab (Joe Giddens/PA) / PA Wire

Mr Raab said: “No victim should feel lost in a faceless system. We’re amplifying victims’ voices, boosting their rights at every stage and making criminals pay more to help victims recover.

“We’re doing this because it is morally the right thing to do to strengthen the care for victims, but also because it is operationally critical to drive up convictions – and keep our streets safe.”

According to the Ministry of Justice (MoJ), there will also be “greater accountability” on the Crown Prosecution Service and the police, with victims given “clearer routes of redress if they do not receive the support they are entitled to”.

Victims will be given the right to attend Parole Board hearings in full and ask questions during the process which considers whether prisoners are suitable for release. Judges presiding over the reviews will be required to consider the victims’ views and concerns before making a decision.

This is a once in a generation opportunity to drive real culture change, requiring agencies to see, hear and help victims – if necessary, with real consequences if this does not happen

Under the proposals, ministers will be able to order criminal justice watchdogs to carry out regular inspections on victims’ issues. A new duty will be placed on police and crime commissioners, councils and health boards to work together to commission effective support for sex and domestic abuse victims.

Victims will no longer have to go through their MP before complaining to the Parliamentary and Health Service Ombudsman.

Dame Vera Baird, the Victims’ Commissioner for England and Wales, previously welcomed the plans, describing them as a “once in a generation opportunity to drive real culture change, requiring agencies to see, hear and help victims – if necessary, with real consequences if this does not happen”.

The proportion of suspects being taken to court is at a record low and remains the lowest for rape cases.

According to Home Office figures, only 5.8% of crimes in England and Wales resulted in a charge or summons in 2021 – the lowest level since records began six years earlier.

This meant suspects were charged or ordered to appear in court on 274,421 occasions in that period.

The lowest charging rate continues to be for rape, with 1.3% of 67,125 offences recorded by police last year leading to prosecution.

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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.

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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.

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Dating After Divorce With Kids Isn’t Easy When They Refuse To Accept It

spainops — Thu, 23 Sep 2021 06:41:13 +0000

One of the many reasons I love being a divorce website writer and dating columnist is that almost every time I meet someone new and they find out what I do, they ask me for either dating or divorce advice, or in the case of two nights ago, dating with kids advice. I love when I feel like I might have helped someone, especially a woman I met recently who was asking about dating after divorce with kids.

She started telling me how she’s been divorced for a couple years and recently met a man she is falling in love with. The only negative: her 17-year old son is not accepting mom having a boyfriend.

“Tell him he’s leaving in six months for college, so get over it,” was my initial advice. We laughed about it, because obviously I was joking. Sort of. While I think telling your children to “get over it” is harsh, I think saying something nice that is semi-equivalent to that might be appropriate.

I have to believe that this woman isn’t alone, and that countless divorced people dating after divorce with kids have gone through a time when they weren’t totally on board with the new guy (or girl.)

You could get lucky. Maybe a lot of time has passed. Maybe the other spouse in the divorce is already married again, so by the time you meet someone special, your kids are relieved and happy for you.

But if you’re in a situation dating after divorce with kids, where one or some or all of them aren’t accepting of the man/woman you now love, think about some of the things that might be going on in their heads. These include:

1. The thought of mom or dad sleeping with someone who isn’t their parent might be very disturbing to them, especially if they are teenagers who are experiencing sexual feelings for the first time.
2. They might feel insecure, that maybe you are going to give all your love to your new man (or woman) leaving little or none for them.
3. They are thinking they might be getting a new roommate, and they don’t want some guy (or girl) eating cereal in the morning with them.
4. They might still have hopes that you are getting back together with your ex, and this is the person who is preventing that.
5. They might be thinking you are the person responsible for their parents splitting up, (in other words, you were having an affair and left your spouse for this person) and they are angry and resentful about it.

6. They might still be angry about the divorce and they are taking it out on your new boyfriend (or girlfriend.)
7. The other parent might be alone and they feel sorry for him or her, so they don’t want you to have anyone either.
8. They might not give the person a chance and let first impressions make their decision. “He’s weird” or “She bugs me” are things I’ve heard kids say.

My advice for dating after divorce with kids:

Have “The Talk.” What’s “The Talk?”
Sit down with your kid or kids and say something like this.

“I want to talk to you about “so and so.” I can’t even imagine how difficult it is for you to see me with another man/woman. If I were you I’d be really freaked out and think it was weird. So, there are a couple things I really want you to know. First, So and So will never, ever take the place of the love I have for you. I love you more and more each day and nothing or no one will ever change that. EVER.

Secondly, your dad and I are never, ever, ever, ever getting back together. We are not staying apart because of So and So. We would still be apart even if I never met So and So. Third, this is someone who is making me really really happy. He is kind and good and he loves me, and I love him. When your dad and I split up, I never really thought this would happen to me again, and surprisingly so, it did. And I am so thrilled about it.

I feel like I deserve to be happy in a romantic relationship. You are all going to leave home someday and I am going to be alone. But if it works out with So and So, won’t you be happy that I have someone in my life who makes me happy after you leave home?

Lastly, put yourself in So and So’s place. He or she is a good, kind person who loves me. Can you imagine how he or she must feel, knowing that the kids of the woman (or man) he or she loves don’t accept him or her? How would that make YOU feel? Again, I love you more than anything, and I hope you will consider accepting this person who I am in love with. I know that’s hard to hear, but I think when you grow up and fall in love, you will understand.”

This should be followed by many hugs and kisses. But then, you have said all you wanted to say, and you shouldn’t have to defend yourself anymore. Don’t apologize for being happy! If they are still acting that way, it is their issue. Try to be patient and kind, but be firm and try not to let it bother you.

In closing, one last tip. This is a mistake a lot of people make, in my opinion. Here is what happens. They get this new boyfriend (or girlfriend) and they feel like you did in high school, so in love, and all they want to do is see him or her. (which is great) Right? So, every time they make plans with the kids, they invite him or her. BAD IDEA. Make sure to have plans with your kids without your new guy at times. They will appreciate that a lot.

In closing, dating after divorce with kids is tricky. It’s not easy, but it can be wonderful if you let things breathe, have patience, and try to enjoy your relationship even without the kids’ blessings. It’s sad, but a reality that you might have to compartmentalize your relationships for awhile. That’s OK! Try to have gratitude that you met such a wonderful person and focus on that.

Like this article? Check out, “9 Signs of a Healthy Romantic Relationship”

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In focus: Should City firms cut ties with fossil fuel giants?

spainops — Sun, 29 Aug 2021 17:03:09 +0000

On a rainy day in February 2020, a group of Extinction Rebellion campaigners wearing hazmat suits lay on the pavement in front of Slaughter and May’s London office. The soggy scene was staged in protest against the firm’s decision to represent fossil fuel companies, namely energy giant Premier Oil.

Next week, the climate group is expected to target the legal sector again, claiming that City firms are ‘critical enablers of the carbon economy’ and are ‘knowingly investing in the destruction of the conditions which make the planet habitable’.

With their drums, loudspeakers and grungy headbands, Extinction Rebellion protesters are the antithesis of corporate London. However, the questions they raise are starting to be discussed in boardrooms across the City. In short, should law firms who want to act responsibly be representing – and profiting from – some of the world’s biggest carbon emitters?

Professor Paul Watchman, a former Freshfields partner and advisory board chair for Lawyers for Net Zero, says firms need to be more discerning when it comes to picking clients. ‘Law firms can say they expect their clients to have certain values – because clients are saying it to the law firms now.’

‘We’re not asking them to dump their clients on day one – but maybe don’t accept instructions that relate to building a coal fired power station in China,’ he adds. ‘And a big thing they could do is stop their clients litigating on climate change.’

Watchman is keen to stress, however, that solicitors are in a tricky position. ‘Law firms have got a complex relationship with their clients,’ he says. ‘If you look at a lot of the law firms, it’s wrong to accuse them of hypocrisy or greenwashing based only on those issues. I know for example, that firms like Linklaters and Clifford Chance are taking this very seriously and trying to look at ways in which they and their clients can reduce their carbon footprint.

‘These people are not insincere. But they may have to start choosing their clients.’

In the City itself, solicitors are less keen to cut ties with lucrative energy giants. Alexander Rhodes, head of Mishcon de Reya’s sustainability practice, said that shunning certain types of businesses works well for investment funds but not for legal practices.

‘If we’re going to tackle the existential problems of climate change and biodiversity loss, businesses which have the largest footprint – which are often the businesses that have the largest influence – need advice as to how to change. If their access to legal advice is just cut off, they’re going to be significantly hampered in making that change,’ he says.

‘Everyone agrees that we need to move away from fossil fuels. But you can’t just move away from fossil fuels today. It’s a question of how you do it. There is money and there is work in the transformation.’

City practices are under very real pressure to act sustainably, Rhodes adds. ‘I think we’re moving towards a time where every business is effectively a public business. There is a far greater expectation on businesses to behave responsibly today than there ever has been before.’

Carbon reporting, for example, is likely to soon become a major consideration for businesses, with the Task Force on Climate-Related Financial Disclosure currently consulting on how disclosure requirements should relate to private companies, such as LLPs.

Regulation is just one area of change. In-house legal teams are playing an important role in changing the way firms operate. ‘By the procurement contacts, and by the selection processes for the law panels, they are now imposing certain obligations on their external legal advisers’, says Watchman.

Future trainees are also asserting their priorities. Law Students for Climate Accountability – a group that was founded last year by Yale law students – has ranked 100 law firms from A to F according to their climate performance. (Three out of five magic circle firms were graded ‘F’). They have also invited firms to take a ‘climate pledge’ under which they will ‘not take on work to support the fossil fuel industry, now and into the future’.

As climate change becomes more urgent, however, solicitors face a crossroads. According to a study by the London School of Economics, the number of climate change disputes has more than doubled in the past five years and practitioners are observing a similar change: Allen & Overy partner Suzanne Spears anticipated a ‘flood of litigation’ at a recent International Bar Association webinar.

Firms, therefore, risk becoming increasingly polarised by the work they take on. Should they continue to work with fossil fuel companies as lawsuits pour in, or should they rethink their client base before things get messy? And how does cutting ties with certain sectors square with the universal right for legal representation?

The answer is unlikely to fit on a placard. One thing is clear, however: as the planet warms up, lawyers will be feeling the heat.

This article is now closed for comment.

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Dating After Marriage: 5 People You DON’T Want to Date

spainops — Wed, 05 May 2021 18:33:03 +0000

Most people I know have a love hate relationship when it comes to dating after marriage. Dating after divorce is fun and exciting and sexy if you’re on a date with someone you really like. Dating stinks if you’re sitting there smiling and counting the minutes in your head until the food comes so you can get the check and get the heck out of there!

Dating after divorce is also the best thing on earth if you fall for someone and you get really cute texts and you feel like you’re in high school again. Dating is awful when you really thought you hit it off with a guy and you never hear from him again. Or if you have to break up with someone.

I could tell story after story about the weirdos, psychos, bizarre, needy, mean spirited, bitter men I’ve met in the past, but I could also tell you about the many wonderful, caring, giving, loving men who are great catches. That’s what dating after marriage is. It’s putting yourself out there in hopes to meet someone you really connect with. It takes guts and patience and time. it’s not easy. But when you meet the right one, it will all have been worth it.

In the meantime, here are 5 people you really don’t want to date when dating after marriage:

1. The Trasher.

The trasher is the person who cannot stop trashing his or her ex. He/she is constantly calling her “the bitch” or “the asshole.” Or he/she is telling you about every little thing the ex does that bothers him/her (in detailed stories that take a half hour.)

The trasher is clearly is not over the anger and bitterness of the separation, and needs either time or therapy or both. You can try telling him or her in a constructive way that they need to stop trashing their ex. If that doesn’t work, you need to say bu-bye.

2. The sticker.

This person is the opposite of the trasher. He or she is sticking to their ex like glue. He talks about what a great mother she is. She talks about what a great friend he’s been. They spend a lot of time together “for the kids.” It’s possible that the sticker wants to get back together with his or her ex.

I actually went out with a sticker several years ago. He talked about his ex in such a loving way that I kept saying,”you should get back together.” To this day, he is still single. He’s had a million girlfriends, but always ends the relationship. I want to clarify that I think it is wonderful when ex’s can get along and have birthday dinners with their kids as a family, but you will know if it’s gone beyond that, so don’t fool yourself.

3. The drinker.

People who are going through a divorce are very prone to alcohol addiction for two reasons. One, because they are stressed and they are using alcohol to numb the pain and anxiety of the divorce, and two, because they are out a lot, at bars and restaurants and on dinner dates, where everyone is drinking.

Be careful about the drinking for yourself, but regarding your date, if he or she is ordering drinks right and left at dinner, two things. Be smart enough not to get into a car if the person is driving, and secondly, recognize that he or she is a drinker before you get into a relationship with him.

I think it’s safe to say that at the beginning of a relationship, people usually drink more, because it’s new and you are both shy and getting to know each other, but be smart enough to recognize when his or her drinking becomes not social, and more of a dependency.

4. The mean streak person.

True story. I went out with a guy who I was obsessed with for a long time. He was cute, fun and very charismatic. Then, one time, out of nowhere, he was really mean to me. Blatantly rude, as if his personality had completely changed. Then he went back to being nice again. He was very hot and cold throughout our relationship. But I never forgot that. My theory is, if you see that mean streak even once, you will surely see it again.

5. The jumper.

The jumper is the guy or girl who loves to be in love. The ink on the divorce decree isn’t even dry and he or she is talking about marrying you. You’ve known the person for 3 months. You’re still in that “jump into bed the second you see each other” phase and he or she is talking about ring shopping.

The jumper isn’t a bad person, just afraid to be alone or trying to compete with his or her ex because that person already has someone. Remember this. You don’t have to be engaged or married to have true love. Let yourself heal from your divorce (which takes at least 5 years in my opinion) and just enjoy the relationship. No need for rings and a honeymoon yet! Buy yourself a nice piece of jewelry and go on a fun trip with him. That’s such a better option.

Closing advice for dating after marriage:

Date someone who lets you be who you are, who is kind to you (and your kids), who supports your passion or your career, who is thoughtful, who makes you feel good about yourself and who makes you feel happy and loved. Those are the gems. Have hope. They’re out there!

Like this article? Check out, “Dating after Divorce: What To Wear, What To Say and Other Tips”

The post Dating After Marriage: 5 People You DON’T Want to Date appeared first on Divorce Blog | Divorce Support Blogs.

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Regretting a Breakup? Advice for Second Thoughts and Doubts

spainops — Wed, 05 May 2021 18:33:02 +0000

If I had to bet, I would say there has never been a breakup in the history of serious relationships and/or marriages, in which the couple didn’t get back together at least one time before they got divorced. In other words, I believe that breakups in long-term relationships always consist of trying again. Why? Because regretting a breakup is normal.

There is love there, and longevity, kids possibly, and the biggest reason: people don’t want to be divorced and/or single again.

But there’s another reason why I think regretting a breakup frequently happens, and that people usually get back together at least once: doubt.

When a person ends a relationship, there are two voices in his/her head. Let me know if this sounds familiar:

1. You did the right thing.

This is your gut talking to you. Your reality. All the build-up of working up the courage to pull the trigger. All the times you were sitting there with the person, knowing that things just weren’t right, realizing this person wasn’t making you happy, seeing the red flags more clearly as time went by.

You now feel relieved, like a huge weight has been lifted off of you. You feel proud of yourself, self-assured, confident, and like you now have dignity and respect for yourself for having the courage to be alone again. You’re also happy about the prospect of finding someone who will truly make you happy.

2. You shouldn’t have done it.

Regretting a breakup is all about doubt. Fear that you will regret it later on. Anxiety that you will never meet anyone again and you will be alone forever. Fear of going on dating apps and having to date strangers. Fear that you won’t have plans on Saturday nights or holidays. You start to feel like maybe this person wasn’t so bad. Maybe you can live with the negatives. You have fear that your ex will meet someone new really quickly and end up happy and glad you broke up with him/her. What if you will want him/her back but it’s too late?

The best example I can give of these two voices in your head is, remember the movie, Animal House? Larry’s date was passed out in his fraternity bedroom and an angel popped up on the left side of his head and said, “Larry, be a nice guy. Take her home.” Then the devil popped up on the right side of his head and said, “F*** her, F*** her brains out.”

So, how do you handle the two voices? Which one should you listen to?

Here’s one divorced woman’s breakup story:

I broke up with my boyfriend 3 weeks ago because there were starting to be too many red flags. He messaged me today and was very sweet and now I am really struggling. I think deep down I know I made the right decision, but I love and miss him, so this is very hard right now. I know that no one is perfect, so how do you know when to not settle for someone but understand that everyone has flaws too?

He is loyal and loving but can be very emotionally immature and angers quickly. That is why I ended things. But him reaching out has really got me regretting things and wondering if I could have made a mistake.

This question in her post is what I’d like to address:

How do you know when to not settle for someone but understand that everyone has flaws too?

This is perhaps the most difficult question in regretting a breakup and breakup doubt. We all know that in every relationship—even the healthiest and best ones, that there are going to be things that bug us, things that drive us crazy, even. But there’s a difference between those things and red flags.

Red flags are things you know are dead wrong. Like if you see excessive drinking and you suspect addiction. That’s different than someone who leaves his or her wet towel on the bed. A red flag might also be drug addiction or cheating or lying or bad parenting.

In this reader’s case, she writes that her boyfriend is emotionally immature and angers quickly. Is that a flaw or a red flag? What’s the difference? I don’t know the guy, so I can’t draw a conclusion about him personally, but there are a couple factors to consider.

One, maybe this woman is scarred from a previous relationship where the guy was violent and so this guy’s anger scares her, or, maybe this guy really is scary when he gets angry. Maybe he flies off the handle super quickly.

The best advice I can give her is to talk to him about her concern and see how he reacts. She will know right away. She might say something like, “I feel like when we disagree on something, you get really emotional and angry quickly. This makes me uncomfortable. I would like to work on how we can communicate better.”

He might respond by grabbing a beer out of the fridge and saying, “Screw you, I’m not that way at all!” Or, he might say, “I’m so sorry you feel that way, I will work on it. Next time you see me acting that way, let me know.”

If you break up with someone and you tell him/her why, and the person is willing to work on it, let’s say by offering to go to therapy, I think that’s a huge positive. If the person is closed-minded and wants things to stay the same, that’s helpful for your breakup doubt. You will know you did the right thing.

When regretting a breakup and/or having breakup doubt, I think you have to ask yourself how happy you are on a daily basis. Are you happy with this person every day or just some days or just one day a week, on average? Are you disappointed every so often or frequently? Are you frustrated with the way things are a lot of the time? Do you respect this person? Do you trust this person long-term? Do you enjoy being around this person ALL the time, sometimes, or rarely?

The thing about breakup doubt is, you have to realize that the person and the relationship will most likely never change. Sure, as I said above, the person might offer to work on themselves, but I think in most cases, you have two choices: take the person and the relationship “as is,” accept it and stay, or breakup. And that can be a very very hard decision.

In relationships, even though you know it’s bad, it’s hard to give up the good.

In regards to this divorced woman and her breakup doubt, I think there is a good chance she will get back together with this guy. But I believe it will be temporary. I am not judging her at all. I have personally broken up and gotten back together several times in a few different relationships in my life, including my marriage/divorce. I get it.

Breakups are a process. Sometimes letting go means little by little, and that can take days, weeks, months or sometimes years. I know a woman whose divorce lasted for 5 years because she kept trying to make the marriage work. So, she’d hire a divorce attorney, start the process, reconsider, and they would work it out for a few months or even a year at one point. Then she would repeat the process.

The thing about breakups is that they might be easy, initially. It’s staying broken up that can be really hard sometimes. That heartache of missing the good things about the person can seriously stay with you for a long time, even years. And feeling that desperation of not wanting to be alone again is a killer. But the good news is, you are so much stronger and more resilient than you think. Going through a breakup where you pulled the trigger can feel empowering and can give you a lot of self-love if you can just get through that period of doubt.

Here’s a reference to another movie, The Shawshank Redemption. Remember when Andy DuFrane had to crawl through a tunnel of sewage to get to the outside of the prison? Breakups are like that. If you can make it through the tunnel of doubt, loneliness, and fear, you will come out free, with a better life on the other side.

This article was originally published on The Good Men Project.

Like this article? Check out “9 Signs of a Healthy Romantic Relationship.”

The post Regretting a Breakup? Advice for Second Thoughts and Doubts appeared first on Divorce Blog | Divorce Support Blogs.

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New Technologies Come with New Litigation Risks

spainops — Sun, 21 Feb 2021 09:56:13 +0000

Mitigating cybersecurity and data privacy risks

A data breach can lead to confidential medical data being exposed, and significant reputational damage, so it is important to have an up-to-date cyber incident response plan. Such a breach may prompt regulatory investigations by multiple government enforcement agencies, collective and class action law suits, and even shareholder class actions. Moreover, while the adoption of IoT devices by pharmaceutical companies has allowed the industry to automate important business processes, the vast amounts of data stored and shared by these smart devices and systems compounds the cybersecurity-related litigation risk.

In addition, consumers are increasingly focused on their privacy rights and many jurisdictions have tightened data privacy regulations in recent years. Failures to comply with fast-changing privacy regulations threaten significant reputational and financial consequences. Moreover, uses of consumers’ data in ways that are not anticipated or beneficial to the consumer, even if legally compliant, could erode consumer trust.

Despite growing awareness about litigation risk related to a cybersecurity incidents, approximately half (56%) of life sciences companies said their businesses’ cybersecurity response plans are out of date, and just 33% of life sciences companies said they involve their legal teams in their creation. Life sciences companies should ensure they have incident response plans that reflect input from legal counsel, and that they periodically conduct a cyber security response simulation exercise. It is also increasingly important that the board play an active role in overseeing management of cyber risks because major strategic business decisions, such as investing in new technology, can expand these risks, and regulators increasingly expect board directors to be actively overseeing them.

It is important to note that all these efforts can be undermined if a company’s suppliers do not also have adequate cybersecurity practices. If cyber vulnerabilities are introduced into your company’s supply chain, this can undermine your company’s defenses. Pharmaceutical companies must therefore confirm suppliers have adequate cybersecurity practice in place. Companies should also take steps to add privacy and cybersecurity specialists to their product development teams to avoid developing products that unknowingly raise consumer privacy issues.

Mitigating the risk of technology failures

A failure in a life sciences company’s critical technology could expose companies to costly products liability lawsuits or compromise confidential data. The first step to mitigating such risks is to identify business-critical technologies. Yet, the Hogan Lovells survey found that 42% of companies in the life sciences industry have not identified what their critical technologies are, and 61% of business leaders are not actively considering how to prevent and mitigate the risk of a major technology failure.

After business-critical technologies have been identified, companies need policies and procedures to follow if one of them fails. A “crisis-management playbook” helps companies to mitigate risks, identify gaps in defenses, and deal efficiently with issues as they arise. Producing such a playbook needs to be a collaborative effort. As with cyber incident response plans, multiple parties will have to be involved, including management, technology, and legal teams. Such a plan should include:

Information defining circumstances that trigger contacting the in-house legal team;
Escalation procedures that outline when senior management should be informed and consulted;
Information identifying circumstances that require a report to regulators and detailed information about regulators in each jurisdiction in which your business operates.

Teams must, of course, also be trained to act on this information and respond effectively to a major technology failure event. One of the best ways to reinforce that training is to simulate the response through tabletop exercises.

Legal teams should be involved in any technology partnerships at the ground floor

The drive to get access to innovative technologies understandably leads pharmaceutical companies to enter transactions with companies – many of them start-ups − in new or emerging markets. Thus, life sciences companies are increasingly partnering with technology companies through joint ventures, mergers and acquisitions, and by outsourcing key business functions to technology companies. These ventures frequently must navigate regulatory regimes that may not have been designed with the current technology in mind. To mitigate the litigation risk raised by such deals, legal counsel should be involved in shaping the transaction from the outset.

Counsel should therefore work closely with technical teams throughout the entire lifecycle of a transaction. It is particularly important to identify any potential issues raised by the technology that may not be covered by generic representations and warranties and to craft specific language to address these issues. The legal team should also consider the extent the company’s right to seek compensation from a JV partner or the directors of an acquired company need to be protected if there is a problem.

In the U.S., CFIUS has become active in scrutinizing deals involving Chinese companies’ investments into technology businesses, so it’s essential to clarify what party bears the risk of CFIUS intervention and how a conflict will be resolved if one party believes the other has not made every effort to obtain CFIUS approval. Pharmaceutical companies should of course also confirm how IP will be shared when entering into JVs with counterparties in other jurisdictions.

Check your AI technologies for bias

Most improvements in AI systems are made because of advances in machine learning. However, algorithms underlying machine learning often reflect unwanted biases found within the data on which they are trained. Algorithmic bias could lead to giving priority to certain patient populations over others when it comes to treating complex medical conditions. For instance, bias in AI systems could impact the development in precision medicines in a way that benefits certain patient groups more than others. By way of illustration, if a skin-cancer detection algorithms is trained based on light-skinned individuals, the algorithm will not be as effective in detecting skin cancers among darker-skinned patients. Algorithmic bias can also be embedded in business operations such as in technologies used to screen resumes and determine which applicants are qualified for open positions.

Concerns about such bias are well documented. In fact, a U.S. Food and Drug Administration patient engagement committee recently issued a paper examining the potential for bias in AI and machine learning in the development of medical devices. Nonetheless, less than half (40%) of the world’s largest pharmaceutical and life sciences companies report they do not check that the technology supplied to them has been vetted for bias. To mitigate the risk of algorithmic bias, pharmaceutical companies should catalog what datasets are underlying AI and machine learning technologies they employ and move to eliminate any bias in those datasets. In addition, companies should seek warranties and assurances that any software they procure from a third party does not contain biases, and conduct due diligence to confirm this fact.

Key take-aways

As pharmaceutical companies increasingly use technology to drive growth, their C-suites will need to prioritize risk mitigation and should consider the following actions.

Taking steps to enhance board oversight of technology risk by increasing the time the board spends discussing risk, adding new technology roles to the board, and creating a technology risk board committee where relevant.
Reviewing cyber incident response plans to ensure they have adequate input from the legal team, are up-to-date, and are regularly practiced through appropriate simulation exercises.
Taking steps to ensure suppliers have adequate cybersecurity practices in place.
Adding privacy and cybersecurity specialists to your product development teams.
Identifying business-critical technologies and developing “crisis-management playbooks” to mitigate risks associated with these technologies.
Involving the legal team in the entire lifecycle of transactions that relate to technology acquisitions.
Taking steps to eliminate bias in AI and machine learning technologies – both those technologies that are developed in-house and those procured from a third party.
Establish and publish principles that will provide a clear framework for how technologies that raise ethical issues will be used and ensure that senior management and the legal team are involved in this effort.

Reference

The survey, entitled “How to prevail when technology fails” is based on 550 interviews with General Counsels, data privacy officers or equivalent of some of the world’s largest multinational companies. They operate in seven sectors: technology & telecoms (82), financial services and insurance (82), life sciences (82), automotive (83), consumer (83), diversified industrials (83), energy and natural resources (55). Of those, 82 respondents were from the life sciences industry.

Tanja Eisenblätter is a partner at Hogan Lovells based in Hamburg, and heads the firm’s Litigation practice in EMEA and APAC.

Lauren Colton is a partner in Hogan Lovells’ Baltimore office who heads the firm’s Products Law group.

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7 Uplifting Life-After-Divorce Quotes

spainops — Mon, 04 Jan 2021 17:31:32 +0000

—

Sometimes there’s no way to put your feelings into words. Divorce can cast a pretty long shadow over your vision for the future and leave you feeling hopeless. That’s when it’s time to turn to the authors, the poets, and the been-there-survived-it veterans of loss for some uplifting life-after-divorce quotes.

While cleverly crafted proverbs can’t wave a magic wand of healing over your pain, they can offer clarity and food for thought.

Here are 7 uplifting life-after-divorce quotes to get you looking at the positive side of your new life.

1. When the wrong people leave your life, the right things start to happen. (Zig Ziglar)

We’ve all heard the adage that “you are who you hang around.” And any time spent diving into self-help books will remind you that the people in your life are simply mirrors of yourself.

In other words, the company you keep has a profound influence on how you think and on the choices you make.

It’s also a reflection of your influence.

Unfortunately, marrying someone doesn’t guarantee the quality or integrity of his or her influence. It also doesn’t guarantee that your relationship will bring out the best in one another.

A person doesn’t have to be a “bad” person to be wrong for your life. If you and your spouse are stuck in patterns you can’t break through, you may notice that you’re “stuck” in other ways, too.

As painful as divorce is, sometimes it opens the door to just the right energy for your life.

2. If you’re brave enough to say goodbye, life will reward you with a new hello. (Paulo Coehlo)

You may be convinced that the end of your marriage spells the end of love for you. But that’s simply not true.

Granted, you may not know how to tell the difference between a rebound relationship and the real thing in the early post-divorce days. But you just may come to the amazing realization that the most important relationship you can have is the one with yourself.

Embracing that self-discovery is a “new hello” that will prepare you to create the life you want. It may or may not involve romance or marriage. But you will be the one making the choice.

Saying goodbye to your marriage is one thing. Saying goodbye to your own ways of thinking and communicating that didn’t serve your relationship is quite another.

It demonstrates a hard-won metamorphosis and a readiness to meet life head-on with confidence and a seasoned self to offer.

3. Rock bottom became the solid foundation on which I rebuilt my life. (J.K. Rowling)

Ahh, when it comes to uplifting life-after-divorce quotes, what better metaphor is there than springing off rock bottom?

Your divorce may be the lowest point in your life so far. But it’s also a solid starting point for changing direction.

The old house has been torn down and it’s time to rebuild…on your terms…to your vision.

Think you can’t pick yourself up out of the rubble of divorce and rebuild your life? Read J.K. Rowling’s rags-to-riches story of life after divorce.

4. Sometimes you don’t feel the weight of something you’ve been carrying until you feel the weight of its release. (Unknown)

If you’ve ever carried a heavy knapsack of books on your back, you know how light you feel when you take it off.

You may have walked across campus not giving your books another thought. You tightened your muscles and stood up a little straighter, not thinking about your adjustments for the added weight.

But once you slid that heavy pack off your back, you realized the weight you had been lugging around.

Emotional weight has the same effect. And divorce, despite its long healing process, can be the sliding off of that heavy knapsack.

Suddenly you realize all the adjustments you have made in order to carry the emotional weight in your marriage.

5. Letting go doesn’t mean that you don’t care about someone anymore. It’s just realizing that the only person you really have control over is yourself.

(Deborah Reber)

Divorce is, above all else, a learning experience. That is, if you choose to learn from it.

You can stay stuck in a crippling sense of failure or harness the lessons life so generously offers in every situation.

You don’t have to spend the rest of your life hating your ex in order to put your marriage behind you.

But, if you’re going to rise above the loss, you will have to own your own contributions to it.

You will also have to own your changes and choices going forward.

After all, you’re the only person you can control. And now you’re in charge of your own life.

6. I used to hope that you’d bring me flowers. Now I plant my own. (Rachel Wolchin)

It’s a wonderful, liberating feeling to know that you don’t have to wait for someone else to do nice things for you.

Something as simple as buying flowers can become an indulgence you give yourself just to make yourself feel good. No waiting, hoping, hinting.

And planting flowers in your own yard? Even better!

Of course, flowers are as much a metaphor as a literal reference.

The beauty of your new singlehood is that you get to write new rules for your own life.

And you get to show up for yourself without waiting or hoping for someone else to show up.

7. Sometimes good things fall apart so better things can fall together. (Marilyn Monroe)

It’s often only in hindsight that we see purpose in life’s darkest moments.

Perhaps that’s because we have plowed through and risen up against the odds to be able to assign purpose. Purpose to the past. Purpose to the future.

As impossible as it may seem to rise from the ashes, trust that Life knows how to transform your pain.

Even when there is regret, Life offers the consolation of wisdom to prepare you for something even better. Something you wouldn’t have even recognized if you hadn’t experienced and endured the pain.

Getting through divorce is, in many ways, a lesson in resilience.

It’s also a lesson in resourcefulness. Where will you turn for answers, support, inspiration?

Taping self-help notes and life-after-divorce quotes to your mirror may seem far-fetched at first.

But remember that you’re writing the rules now. And that means you get to fill your home, your mind, your life with anything and everything that lifts you up.

—

Previously published here and reprinted with the author’s permission.

Photo: Shutterstock

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Will the end of LIBOR lead to a surge in litigation? – Lexology

spainops — Wed, 30 Dec 2020 10:37:28 +0000

The London Interbank Offered Rate (LIBOR) is scheduled to be phased out by the end of 2021, and there is uncertainty about what impact this will have on LIBOR-referenced contracts that extend beyond this date. In this article, Elaina Bales examines the litigation risks that will arise due to the LIBOR changes and what steps business should take now to minimise these risks.

What’s happening to LIBOR?

LIBOR is the benchmark interest rate at which major global banks lend to one another in the interbank market. It is widely used as a reference rate for the pricing of financial contracts that are collectively worth trillions. It is used not only in complex financial products such as floating rate notes, derivatives and syndicated loans but on residential mortgages for banks’ retail customers. It has not been without its controversies, having been at the centre of one of the great scandals of the 2008 financial crisis, when it was revealed that rate-setters at major banks had been fixing their submissions.

Since 2008, market practice has changed, and banks no longer rely on unsecured interbank borrowing for funding. This means there are far fewer transactions on which banks can base their LIBOR submissions. In July 2017, LIBOR’s regulator, the Financial Conduct Authority (the FCA), announced that as the rate was no longer sufficiently active to be genuinely representative of market conditions, the FCA would no longer compel panel banks to provide quotes for LIBOR after the end of 2021. It is expected that when panel banks cease to submit quotes, LIBOR will no longer be published or will effectively become redundant.

LIBOR currencies will be replaced with Risk-Free Rates (RFRs). In the case of sterling, the Sterling Overnight Index Average (SONIA) has been identified as the preferred RFR. There are some key differences between RFRs and LIBOR; RFRs are backwards-looking, ie are published the following day and are reset daily, whereas LIBOR is forward-looking and available in longer periods. LIBOR is numerically larger than SONIA. Parties contracting from now onwards can consider whether it is appropriate to benchmark their agreements to SONIA, or whether to use a different benchmark.

What next for existing LIBOR-referenced contracts?

For existing LIBOR-referenced contracts that continue beyond the end of 2021, it will not always be a straightforward case of replacing references in an agreement to LIBOR with an RFR or another benchmark. Legislators, regulatory and industry bodies in the main LIBOR jurisdictions have been grappling since 2017 with how to mitigate the problem of these so-called ‘tough legacy’ contracts.

In the UK, in October 2020, the government put draft legislation to parliament as part of the Financial Services Bill that aims to provide a ‘legislative fix’ for this problem. The draft bill provides the FCA with enhanced powers to designate a change to the methodology by which LIBOR is set. The practical effect of this is that where a tough legacy contract references LIBOR, it will be treated as a reference to the new methodology, ie a synthetic LIBOR rate. So far, only high-level guidance has been given by the FCA on how this synthetic LIBOR rate may be calculated. It may be a forward-looking term rate based on RFRs plus a spread adjustment. Further, it is not yet clear exactly which legacy contracts will be subject to the legislative fix, as ‘tough legacy’ contracts have not yet been defined. On 18 November 2020, the FCA announced a consultation on its use of the powers under the bill, seeking market participants’ views on the exercise of the proposed powers.

There remains great uncertainty as to the fate of legacy contracts, therefore, and the readiness for transition is not consistent across the market. The derivatives market has led the way, and in July 2020 the International Swaps and Derivatives Association (ISDA) published its 2020 IBOR Fallbacks Protocol and a supplement to the 2006 ISDA Definitions. Where parties adopt the protocol, their ISDA contracts with parties who also adopt the protocol will automatically be treated as having adopted the alternative benchmarks specified. However, no such similar mechanism exists for other types of LIBOR referenced contracts.

Where will the main risks of litigation arise?

Despite policy-makers’ attempts to reduce the situations where disputes may arise, there will inevitably be situations where parties will not be able to agree a solution. Though the legal principles surrounding interpreting contracts where circumstances change dramatically are well established, these have not yet been applied to the LIBOR situation. Given that many LIBOR contracts are standardised, we may see regulators or industry bodies seeking guidance from the courts as to how to interpret certain standard wording. Given the value of the LIBOR market, it is also likely private parties will litigate claims given how much is at stake.

Parties are likely to encounter the below scenarios that could give rise to the following types of claims:

Contractual interpretation disputes

Renegotiating legacy contracts is unlikely to be straightforward. As none of the alternative benchmarks work in exactly the same way as LIBOR, for each party there will be a financial benefit to arguing a certain methodology applies. Who is correct will depend on how the contract is properly interpreted. The starting point of English law on contractual interpretation is to identify the intention of the contracting parties, looking at the language of the contract and the commercial context. Identifying what the parties intended if the interest rate they expressly chose ceased to be published may not be straightforward where no clue is given in the contract itself.
The situation may be equally difficult, even if the contract does provide for such a scenario. Many LIBOR-referenced contracts already include fall-back provisions, which deal with what happens if LIBOR is not published. But these may not work in practice; many are simply temporary fixes if LIBOR ceases to be published for a short period, and reverting to them could have the effect of economically disadvantaging one party. We are, therefore, likely to see claims arising where parties argue that the fall-back provision cannot be given effect, and so an alternative term should be implied into the contract to give it its true business efficacy.

Conflict of laws

Many complex multi-party financial instruments reference LIBOR, for example, syndicated lending agreements and bond issues. In those situations, it may not be feasible for all parties to agree amendments. Such arrangements also may involve contracts governed by the law of different jurisdictions, where legislators have taken diverging approaches to replacing the benchmark. For example, the approach being taken in the legislative proposals by the EU and the US is different to the UK’s proposals. The US and the EU have proposed an automatic transition to a replacement benchmark that will apply to all legacy contracts, not just tough legacy contracts.
Such differences could have the unintended consequence of related contracts that previously both used LIBOR now being subject to different benchmarks in different jurisdictions, disadvantaging one party. If claims are started in more than one jurisdiction, courts could give inconsistent answers as to which rate applies.

Securities and misselling claims

In the lead time in between the announcement of the cessation of LIBOR (in 2017) and its implementation in (2021), contracts were still being entered that referenced LIBOR. If no provisions were made in the contract for LIBOR transition, this raises questions as to the parties’ intentions as to what would happen post-2021. Regulated financial institutions were aware of the proposed cessation, and so could face misselling claims from customers alleging they were misled by the representations made to them before entering into the contract. This may be more acute for retail customers who would not necessarily be aware of LIBOR transition. But even in contracts between sophisticated parties with fall-back provisions, there could be scope to argue that one party was misled as to the economic consequences, leaving them worse off.
Since 2017, issuers of securities referencing LIBOR have included disclosures regarding the discontinuance of LIBOR in prospectuses. The majority of such disclosures will be tightly worded, but there remains the possibility that securities claims by purchasers of LIBOR-referenced securities could be brought if the disclosure was not sufficiently clear to disclose a material fact. Prior to 2017, there were signs that LIBOR was becoming less representative of market lending conditions and that the derivatives market was moving towards using RFRs. Nevertheless, the FCA’s announcement was not anticipated, and so it will be difficult for claimants to argue that they were misled by the omission of such warnings before that announcement.

Impossibility of performance

Many contracts include force majeure clauses that excuse parties from their contractual obligations on the occurrence of extraordinary events. If parties are unable to agree a new benchmark that reflects the original economic effect of the contract, a party looking to exit the agreement could argue a force majeure has occurred. Whether this is successful will depend on the exact wording of the clause. But given that many LIBOR contracts are industry standard, there could be test cases brought to establish the correct interpretation.
English law has a doctrine of frustration which allows parties to be excused from future contractual obligations following the occurrence of an event outside the parties’ control. Frustration may apply where the event was not considered by the parties when entering to the contract and if it renders it impossible for the parties to perform the fundamental obligations under the contract. A party may argue their LIBOR-referenced contract is frustrated if no alternative benchmark can replace LIBOR to allow the contract to be performed. However, frustration is narrowly applied by the courts. It is not enough that there are difficulties in performing the contract. It will depend on whether it is impossible to apply a different benchmark based on the specific wording of the contract.

What should businesses be doing now?

To reduce exposure to the litigation risk associated with LIBOR transition, businesses can take the following simple steps now:

Contractual audit: consider which financial contracts are LIBOR-referenced and run beyond 2021, to identify those that may be problematic. Given the pervasiveness of LIBOR, most businesses will have LIBOR-referenced contracts; even straightforward loan agreements may be LIBOR-referenced.
Negotiate with counterparties now: be proactive in approaching counterparties to legacy contracts, and attempt agree a solution before LIBOR ceases to be published. As outlined above, these negotiations are unlikely to be straightforward, so parties should seek early legal advice to understand the best outcome for their business.
Avoid new LIBOR-referenced contracts: be wary of counterparties offering new contracts that reference LIBOR. Financial institutions have duties to provide appropriate products to customers. There may still be situations where LIBOR remains the most appropriate reference rate, but given that transition is fast approaching, this should be questioned before execution.

Conclusion

The cessation of LIBOR is likely to be an administrative headache for businesses that it will be difficult to escape. However, it is worth acting now to reduce the risk of being drawn into disputes that could become protracted and being required to go all the way to court to get a definitive answer.

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Resources scarce as violence against women rises in London, councillors told

spainops — Tue, 29 Dec 2020 10:37:27 +0000

Anova has turned away more than 2,550 amid COVID-19 because of a full shelter, and because people are staying longer than a month because of a lack of housing in London.

Megan Walker, head of the London Abused Women’s Centre, said she was seeing girls as young as 12 who had been trafficked come to her agency for help. Violence has become more severe and more sexualized since the start of the pandemic.

And violence against women knows no boundaries, she said. It’s not restrained by age, employment status or income bracket.

“It’s very difficult to say who is most vulnerable, when all women could be a victim of violence,” she said.

The women urged council to pay attention to the work of local organizations already supporting women and creating resources to help make changes in the community. It was lobbying from those groups that forced council to include the goal to tackle violence against women in its strategic plan in the first place.

“The reason there is violence against women is because men are perpetrating violence against women,” Coun. Jesse Helmer said, stressing there are broader issues to be resolved.

“It’s not because you can’t eat inside a restaurant that men are abusing women. There are much more deep-seeded problems.”

Other changes — such as the promotion of a living wage and weighing up city hall decisions with an eye for how it impacts women and girls —also are necessary to tackle the rising violence, politicians heard.

They advocated a trio of priorities — legislation, public awareness and education, and funding city services — to drive real change.

Politicians endorsed those three pillars after the presentation from Bartlett, Walker and Anova’s executive director Jessie Rodger. City staff will report back on how to take action.

Submit your questions and curiosities below, and let LFP’s Curious London take it from there.

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Redundancies hit record high of 370,000 between August and October

spainops — Sun, 27 Dec 2020 10:37:27 +0000

Redundancies surged to a record high of 370,000 in the third quarter of the year with young workers hit hardest, official figures show.

The number of UK employees on payrolls dropped slightly last month and has fallen by 819,000 between February and November due to the impact of the coronavirus pandemic, the Office for National Statistics (ONS) said.

One-third of those jobs losses have been in the hospitality industry which yesterday renewed its calls for more financial support as thousands more pubs, bars and restaurants were told they must close under tier 3 restrictions.

Some 1.7 million people are officially out of work, meaning they are out of work and actively seeking a job. The unemployment rate rose to 4.9 per cent in October, up from 3.7 per cent before the pandemic. Those aged 16 to 24 were most likely to lose their jobs while 35 to 49-year-olds were safest from redundancy.

Vacancies continue to increase, but remained 31.5 per cent below pre-pandemic levels meaning people out of work may continue to find it challenging to find new jobs.

ONS director of economic statistics, Darren Morgan, said the figures showed there had been “a further weakening in the labour market”.

“In the three months to October, employment was still falling sharply and unemployment was rising, but the number of people neither working nor looking for work was little changed.

“Average hours per worker were continuing to recover, though this was before the second lockdown in England.

“While there was another record rise in redundancies in the latest three months as a whole, they began to ease during October.”

While the unemployment rate remains relatively low by historic standards, it does not capture how many people furloughed or only doing part-time hours. Total weekly hours worked – considered by some economists to be the best measure of the labour market during the pandemic – remained down almost 10 per cent at 960 million.

That was up by 104.9 million hours compared with the three months to July when many shops, pubs and restaurants were closed.

The claimant count, which includes people working on low incomes as well as people who are not working, increased slightly to 2.7 million.

The figures cover the period shortly before England entered into a second national lockdown. The government subsequently decided to extend its furlough scheme until March, ensuring that employees who cannot work will get up to 80 per cent of their salaries.

“With so many having already lost their job and a challenging winter period still to come, it’s vital that the government strengthens our social safety net so that people can get the support they need,” said Ben Harrison, director of the Work Foundation.

“This should begin by reversing plans to cut essential universal credit payments by £20 per week and removing the threat of sanctions for those looking for work in these challenging circumstances.”

Minister for employment Mims Davies said: “It’s been a truly challenging year for many families but with a vaccine beginning to roll out with more perhaps to follow and the number of job vacancies increasing, there is hope on the horizon for 2021.”

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‘We will lose £400k’: The cost of Tier 3 for the hospitality sector

spainops — Sat, 26 Dec 2020 10:37:27 +0000

As the hospitality sector begins to count the cost of the latest Tier 3 lockdown, we spoke to one industry figure who says his company will lose £400,000.

Stuart Procter, COO of Mayfair hotel and restaurant The Stafford, said the latest blow has left his company reeling in a year he’s already had to make 300 redundancies.

“I’m furious. Devastated. I can’t quite believe how this has been handled. You can’t give 48 hours notice for a decision this big, one that will affect this many people. This is people’s lives and livelihoods – at The Stafford and Norma alone we’ll lose £400,000.”

The hospitality sector reacted with fury when London was placed into Tier 3 yesterday, despite evidence that seems to contradict the government’s focus on the bars and restaurants.

“You can drop the kids off at school, take the tube work and then go shopping on Oxford Street, but you can’t have a meal in a restaurant, where transmission rates are incredibly low – where is the sense in that?

“I could understand if the government was saying nobody could go out, that we would have to just stay in and get through the winter. But there’s this idea that we can all mingle with our families for a few days, which is going to spread the virus much more than the hospitality sector ever could.”

Lack of communication

The lack of communication with the sector – which has led to calls for a Hospitality Minister to be appointed – has been particularly galling for many business owners, with Procter pointing to the fact no support package was announced alongside the Tier 3 restrictions.

“This is the third time this has happened, and you can see there’s no plan. Boris didn’t even have the guts to make the announcement himself – what kind of leadership is that?

“It’s the unfairness that gets you. I’ve had to get rid of 50 per cent of our workforce this year. That’s 300 people, some of whom have worked here for 30 or 40 years. These are people I’ve worked with day in day out. And more than that, their families will suffer. It’s messing with people’s lives, messing with their mental health.”

Procter says he also feels for the people who were booked in over the festive period: “People had booked trains, planes. They were coming in for Christmas dinner. The government has made a big thing about ‘saving Christmas’ – what about those people’s Christmas?”

As well as the lost revenue, The Stafford and its spin-off restaurant Norma have been left with £10,000 worth of stock that can no longer be sold. Some of it will be sold on through the company’s delivery service, although that will cover only a fraction of the lost revenue.

“We had 100 lobster tails ready to serve – there’s only so much lobster you can give to the staff.”

Asked what more could be done to support businesses, Procter said the government should look to Germany and France, where “hospitality businesses are being given far more support”.