Although it is not a legal requirement to separate your finances when you divorce, it is advisable to do so.

You can reach an agreement about your divorce finances between yourselves and this is usually preferential to going to Court. However, your divorce settlement must be approved by the Court to be legally binding.

The Court will look for evidence that the financial settlement is fair and meets both of your needs without putting one person under undue pressure or hardship.

As the concepts of fairness and hardship are subjective, it can be difficult to reach an agreement that you both consider to meet these criteria. In this situation, you can request that the Court makes the decision about how to separate your marital finances for you.

When your relationship breaks down there is a lot to decide and it can be difficult to agree on everything.

If you have different views on what is fair, disputes about finances, property and children can continue for months or even years.

If you are unable to reach a compromise through other means, you might consider Family Arbitration as an alternative to Divorce Court.

This blog outlines the process of Divorce Arbitration, highlighting some of the key advantages and disadvantages to help you decide whether to consider it as an option.

As your children grow, both your circumstances and their circumstances will change. It may be necessary to vary the amount of child maintenance paid each month.

The route to change child maintenance payments depends on whether you are making Court-ordered payments or whether your child maintenance is dealt with by the Child Maintenance Service (CMS).

In this blog we focus on the options available to a paying parent who needs to reduce child maintenance payments. However, the same principles of process apply to a receiving parent who wishes to increase payments.

It is important to remember that the repercussions of reducing or stopping payments without agreement are serious and can have a long term effect on your financial situation. It is therefore advisable to take advice from a specialist at the earliest opportunity.

A survey published by BBC Scotland in February shows 57% of respondents think it should be easier for trans people to obtain a Gender Recognition Certificate. This goes up to 70% in the 16 to 34 year-old age group, signalling a brighter future for the local transgender community.

Following five years of consultation, the Gender Recognition Act Reform Bill was heard by the Scottish Parliament at the beginning of March. The proposals include reducing the waiting time from two years to three months; removing the need for a medical diagnosis; and reducing the minimum age to apply for a Gender Recognition Certificate from 16.

The proposals are welcomed by Scottish Trans, but they believe the reforms "would still see Scotland with a gender recognition law that is far from world-leading". Where does this leave the trans community south of the border?

There have been huge changes in attitudes towards women, family and relationships; but there is still a clear stereotype in parenting roles.

Women generally take the lead in caring for children and this can leave them in a vulnerable situation if their relationship ends.

We highlight this issue for married and unmarried mothers, discussing how Prenuptial Agreements and Cohabitation Contracts can #BreakTheBias when parents separate.

International Women's Day 2022 #IWD2022

As one of the firms campaigning for no-fault divorce, we are pleased that it will soon be here, but what does it really mean for couples who are divorcing? How are divorce laws changing? Should you wait for the new divorce laws?

Designed to reduce conflict in divorce proceedings, No-Fault Divorce will remove the need to appoint blame for the breakdown of a marriage or civil partnership and allow couples to make a joint divorce application.

This is a significant change to family law in England and Wales, which has traditionally required one spouse to divorce the other, usually on the grounds that their actions caused the relationship to fail.

Mediation is the most popular form of Alternative Dispute Resolution and has much positive feedback.

It is a practice intended to help people in dispute reach agreement on their own - so that you do not need to involve the Courts.

The idea is that you discuss the situation directly with the other person and try to reach an agreement between you. However, you are able to take independent legal advice at any stage of mediation and it is possible for a solicitor and / or other professionals to attend mediation with you. 

All mediation is overseen by a trained and impartial third person, known as the mediator.

It is common for separating parents who have their child’s best interests at heart to have different views on what that means.

It is a time of great change and emotion for everyone and it can be difficult to set that aside and reach an agreement between you.

Court proceedings are stressful for all concerned and there is significant delay in the system, but there are alternatives.

We highlight Child Inclusive Mediation as an alternative means of resolving children matters, which can help you lay the foundations for a strong co-parenting relationship moving forward.

When parents separate, it is common for children to live with one parent more of the time. Whichever parent they are with, it is natural for them to miss the other.

What can parents do to make it easier for children and show that they are still valued by both?

First remember there are many types of contact and if your child misses you, there is rarely a good reason that contact should be limited to the days they see you.

In the age of telephones and video calls, children should be able to speak to both of their parents every day if they want to. You can also write, email and communicate on social media if it is appropriate for your child.

One of the most difficult discussions parents have when they separate is about what happens to the children.

It is natural for this conversation to focus on where they will live and when they will have contact with each parent. It is not easy to know what else to discuss and how to approach it.

Preparing a Parenting Plan will help you consider the entirety of arrangements for your child and how you will work together to parent them moving forward.

By considering situations before they occur, you can provide more certainty and a more positive environment for your child.

Separations are often referred to as an emotional roller-coaster because of the intense highs and lows and it can be easy to lose sight of children within this myriad of emotions.

How parents behave during a divorce or separation will have an impact on the happiness, health and wellbeing of their children.

To minimise the negative effects, it is important to bear this in mind from the outset and set a tone for the separation that keeps your child’s needs at the forefront.

We have prepared five practical steps that can be taken to ensure your child’s needs come first and that a strong foundation is laid for a positive co-parenting relationship.

The starting point in England for dividing assets when you get divorced or dissolve your civil partnership is to split everything equally. That is only the starting point, every case is different and turns on individual facts, but the key word is everything.

Every couple needs to consider every asset available to each person before they can decide what a fair division of assets looks like.

Pensions can often be the biggest asset an individual has, but they are often overlooked, why is this?

Many people simply do not realise that the pension can be shared. Others do not appreciate the long-term value of their spouse’s pension and either knowingly overlook it or agree for it to be offset in a way that does not provide the same level of benefit.

Unless you have a court order, you need the consent of everyone who has parental responsibility before you can take a child overseas. This is the case even if you have parental responsibility and the child really wants to go. Even if it is only for a few days you still need the consent of everyone who holds parental responsibility.

The only exception in England and Wales is if you have a court order directing that you can take the child abroad or if you have a Child Arrangements Order that states the child lives with you, in which case you can usually take them overseas for up to 28 days without seeking consent.

If a parent, guardian or relative takes or keeps a child overseas without the agreement of everyone who has parental responsibility, it is known as International Parental Child Abduction, which is a serious offence.

It is natural to have concerns about child arrangements when your child, or their other parent, lives in another country. You might have agreed to a move within the EU knowing that, if needed, Court Orders from this country would be enforceable in the EU. Has Brexit changed that?

As the UK has now fully transitioned from the European Union, there are some subtle but potentially significant changes for parents whose child arrangements involve an EU country.

The UK is no longer subject to the EU laws governing family law, known as Brussels 1, but we are committed to an international agreement known as the Hague Convention. The Hague Convention has been signed by 35 countries including all members of the EU and sets out rules for dealing with parental responsibility, residence, contact and the protection of children across borders. The overriding principles are the same as EU law, but some of the specific applications vary.

SPEAKERS: LOUISE ALLARD AND SABRINA BAILEY

HOSTED BY: FRESH BUSINESS THINKING

DATE: TUESDAY 19TH JANUARY 2020

WATCH REPLAY: CLICK HERE

Speakers: Louise Allard and Sangeeta Rabadia

Hosted by: Fresh Business Thinking

Date: Tuesday 13th October 2020

WATCH REPLAY: Click here