Agreeing time with your children following separation

A separation will inevitably mean a change in the family dynamic, and you may be concerned about what this will mean for your relationship with your children.  New arrangements will have to be put in place in relation to where the children will reside, and what time they will spend with each parent. ‘There are no hard and fast rules about what time the children should spend with each parent,’ explains Robert Bellhouse family law expert at Ware & Kay in York. ‘Our laws are alive to the fact that each family is unique, and a number of factors need to be taken into account when deciding a child’s future living arrangements.  The starting point is to look at the welfare checklist’. The welfare checklist If a dispute over arrangements for children goes to court, the…

Love knows no boundaries, but divorce must consider them

If you are considering divorce and have ties to more than one country, then where you issue your proceedings can impact the outcome.  These types of divorce are commonly known as cross-border, and typically we think of countries outside the United Kingdom. But a recent judgment in the Supreme Court has highlighted that even the borders within our shores can affect the outcome in the agreement of maintenance after divorce. ‘Local differences in divorce law mean that there may be benefits to issuing divorce and maintenance proceedings in one area of the UK over another, as highlighted in the case of Villiers v Villiers [2020]’ says Robert Bellhouse, a Family Solicitor in the family team with Ware & Kay Solicitors. ‘This case showed that, provided certain thresholds are met, the courts will permit choice in which…

Varying maintenance payments due to Covid-19 hardship

The coronavirus pandemic has turned most of our world upside down, causing economic hardship for many people and job losses are expected to continue as the furlough scheme comes to an end. ‘If you have lost all or part of your income, your ability to pay or rely upon maintenance payments will be a cause for concern as you seek to manage cash flow,’ says Robert Bellhouse. ‘Uncertainty over child maintenance adds another level of stress for parents who are struggling to cope with home-schooling.’ Maintenance payments typically fall into two categories, spousal maintenance and child maintenance, which we look in turn and outline your options if you are worried about paying or receiving maintenance. Spousal maintenance Spousal maintenance may be paid because of a voluntary agreement during divorce proceedings or by way of a court…

“Relationship-Generated Disadvantage “Landmark or Dead End?

Lawyers are heralding as a landmark decision, the judgement in RC v JC given earlier this month. A woman who sacrificed her career as a Solicitor to look after her children was given an additional sum of money on Divorce. The wife, a Cambridge graduate and trainee Solicitor stepped back from her budding legal career for the good of her family, whilst the husband, also a Solicitor, continued to pursue his career. The couple were married for ten years and had two children. Their bitter court dispute was over the finances of the divorce.  Mr Justice Moor stated the wife of the marriage viewed herself as a “parent who would take primary responsibility for the children. The husband’s career took precedence, it is unusual to find significant relationship-generated disadvantage that may lead to a claim…

Want your grandchildren to live with you?

If family circumstances mean that it is not possible for children to live with their parents, or a local authority has decided that the children ought to be taken into care, there is often a strong wish that the children should instead to go to live with a member of their extended family.  In this article, Robert Bellhouse, family law expert with Ware & Kay in York & Wetherby, explains the options where grandparents want to put themselves forward as carers. ‘The most usual route for a grandparent who wants their grandchildren to live with them is to apply to the family court for a Child Arrangements Order, explains Robert’  ‘This is an order which, if granted, gives grandparents the legal right to have their grandchildren live with them and to be involved in decisions…

Finding a fair divide in farming

The end of a year and the beginning of a new one is often a time for reflection and resolutions for change. For many couples, this can include deciding that their marriage has come to an end and it is time to separate and get a divorce.  Indeed, the first working Monday of the new year is widely known in legal circles as ‘Divorce Day’, with lawyers seeing a large spike in divorce enquiries on this day as couples finally concede that their marriage has irretrievably broken down. Divorce is always unsettling as couples decide how to divide their property, sort their financial affairs and make arrangements for their children, but can be particularly complex where agricultural assets are concerned. So, what are the key things you need to know about a farming divorce?  ‘If you are…

The Benefits of Civil Partnerships Extended to All Couples

On 31 December 2019, new legislation made it legal for mixed-sex couples to enter into Civil Partnerships, an option that was previously only available to same-sex couples Civil partnerships afford couples the same financial and legal protections as marriage, but offer an alternative for those who feel ‘traditional’ marriage isn’t quite right for them. Among the couples celebrating were Rebecca Steinfeld and Charles Keidan, whose public battle for a civil partnership made it to the Supreme Court. The couple said that for them, a civil partnership felt more equal than a traditional marriage. They successfully argued that denying a straight couple the right to a civil partnership was discrimination and therefore “incompatible with their human rights.” Ahead of 31 December, hundreds of mixed-sex couples gave notice to enter civil partnerships but not without critics describing…

What to expect during mediation following separation

If you are attending mediation to resolve disagreements about some decisions relating to relationship breakdown, separation or divorce, you might be wondering what this involves.  A mediator is an independent person that is trained and accredited to assist you in identifying the issues in dispute and help resolve these through discussion.  Sometimes two mediators may be used, but more often than not just one mediator will be involved.  A mediator can meet you and your former partner together, or separately.  They can also arrange to meet you both at one time while you remain in separate rooms, and this is known as shuttle mediation, where the mediator will effectively shuttle between the two rooms to progress discussions.  It is important that you are comfortable throughout the process and you will not be forced to sit together…

Agree Christmas arrangements for children now

Christmas is a magical time of the year for children. There is the anticipation of the presents they may receive, the relief of having a few weeks off school and the excitement of seeing friends and family. The hopes of what Christmas may bring are no different for the children of parents who have divorced or separated, yet lingering there in the background will be the worry of who they are going to spend Christmas with and whether the parent who misses out will be alright. To make sure your child has a wonderful and stress-free Christmas this year, Robert Bellhouse, family law expert with Ware & Kay Solicitors in York & Wetherby offers some useful tips to estranged parents trying to agree arrangements for their children over the festive period. 1. Plan ahead Talk to…

Why would anyone want a postnuptial agreement?

The discovery of an affair, concern about an inheritance being squandered or pressure to protect your business interests are all reasons to consider making a postnuptial agreement.  Like a prenuptial agreement, a postnuptial agreement can be used to agree in advance what should happen to assets owned by you and your spouse or civil partner should the relationship fail.