Day: 10 September 2024
Five surprising facts about divorce
Divorce is a life-altering event that impacts individuals and families in profound ways. In the United Kingdom, the dissolution of a marriage involves a complex process that extends beyond the emotional toll it takes on those involved. While divorce is a common occurrence, there are several surprising elements associated with it in the UK that often go unnoticed. Here are five unexpected aspects of divorce in the UK that shed light on this intricate legal and personal journey.
### 1. The Rise of ‘DIY’ Divorces The traditional perception of divorce involves lengthy court battles and significant legal expenses. However, one surprising trend in the UK is the growing popularity of ‘DIY’ or online divorces. Couples are seeking more affordable and efficient ways to end their marriages. Online platforms have gained popularity to help you navigate the process. These can work for many people.
### 2. ‘No-Fault’ Divorce Law Reforms The UK used to operate a system that required couples to prove fault to avoid a lengthy separation period when getting divorced. A significant change came into effect in 2021 with the introduction of ‘no-fault’ divorce laws. Now couples can file for divorce without placing blame on one party. This makes the process less acrimonious and more focused on amicable separation.
### 3. The Impact of COVID-19 on Divorce Rates The COVID-19 pandemic has influenced various aspects of life, including relationships. Surprisingly, during the pandemic, divorce rates fluctuated in unexpected ways. There was speculation that lockdowns and increased time spent together might lead to a surge in divorce filings. However, data revealed a mixed picture, with some periods showing a decline in divorce rates, possibly due to limited access to legal services and court closures. This was then followed by a surge as restrictions lifted.
### 4. Financial Implications and the Division of Assets In the UK there can be an intricate process of dividing assets and finances. While the principle of an equal split is generally favored, the reality is far more complex. The length of the marriage, contributions made by each party, and the needs of any children often complicate matters. Sometimes, assets that may not have been initially considered, such as inheritances or business interests, can also come into play. This is where an expert truly helps.
### 5. The Emotional Toll on Children and Alternative Solutions Divorce also impacts children. It’s vital to minimise the effect on them. Using mediation or collaborative law can help minimise conflict – great for all parties. If mediation doesn’t work there are support services, tailored to help children of divorcing parents.
CONCLUSION. In conclusion, divorce in the UK encompasses surprising elements that extend beyond the legal process. If you need expert help and advice with your family matters, speak to the team at BBP Legal in confidence. We are your legal experts.
The Importance of the Role of Executors
The role of executors is to deal with the administration of an estate. This can be overwhelming for the people appointed as they may not taken on this role before and they have to get to grips with someone else’s affairs at a time when they are also grieving the loss of a loved one.
Acting as an executor is sometimes straightforward, however, it can very quickly become confusing, convoluted and time-consuming.
The executors’ duties can vary depending how complex the estate is but generally their first duties and responsibilities will be to: –
- Register the death with the local registry office.
- Organise the funeral, which will of course involve notifying family and friends.
- Safeguard any property- ensuring that all the keys are held and the property is secure. Consider changing the locks, especially if it is unclear exactly who has access.
- Safeguard assets- ensuring that all bank accounts are suspended so that payments cannot go out without the executors knowing. Retrieve valuable items if the property is to be left unoccupied.
- Locate and hold all credit and debit cards, passbooks and chequebooks.
- Notify the insurance company if the property is unoccupied and arrange alternative cover if necessary.
- Ensure that any computers, mobile phones and other devices are secured along with passwords, passcodes etc.
Some of these tasks could well be time consuming but they are essential in ensuring the administration starts off on the right footing.
We then move to the second stage which involves the ‘paperwork’ and more technical issues.
- Notify all asset holders – banks, building societies, pension providers, investment and insurance companies. of the death and request date of death values.
- Gather all information and prepare the application for a Grant of Representation – a Grant of Probate or a Grant of Letters of Administration.
- Assess the value of the Estate and determine whether a formal return for Inheritance Tax is required.
- Prepare the formal application for Probate and make arrangements to settle any Inheritance Tax.
- Pay any inheritance tax liability to HMRC.
- Obtain the grant of probate/letters of administration and register with all asset holders.
- Collect in the assets of the estate.
- Settle debts and liabilities of the estate as estate funds come available.
At this stage the Executors will be in sight of the finishing post but they still have much to do:
- any outstanding tax issues including personal (and business) tax returns to the date of death, followed by tax arising during the administration period.
- Identifying the named beneficiaries in the will.
- Identifying all beneficiaries who are referenced only by relationship
- Settling any bequests or monetary legacies of money
- Identifying gifts of specific items in the will, and after all those are safely rounded up,
- Arranging clearance of the property.
- Preparing the property for sale
Only after all of these tasks have been safely undertaken can the Executors turn their attention to:
- Distributing what is left – the residuary estate – to the residuary beneficiaries in accordance with the Will (or rules of intestacy).
- And even then there may be further tasks such as Corrective Accounts to sort out with HMRC.
That is some checklist for someone who in most cases did not ask for the job and in some wasn’t aware that they had been given it!
But not to worry – we at Baines Bagguley Penhale are here to help! We have an experienced and very approachable team who will be more than happy to guide you through all the rigours of estate administration.
Contact our specialist team at Baines Bagguley Penhale would be pleased to assist. Please contact us on 01524 401010.
Death Cleansing? De-cluttering is a matter of Life…. And….Death!!
We recently came across the case of a 27 year old with no health concerns who is more prepared for death than most in later life. She has planned her funeral and decided what she would like to happen to her belongings and set up a digital account to share all her personal and financial information with her family.
Granted it is not what you would expect of a 27 year old but she had suffered a traumatising, near-death experience in a coach crash in Thailand and she realised at that point the unpredictable nature of life and decided that she should be prepared for death.
There is a general acceptance that making a Will and putting wishes in place is something that is done in later life. However, this case highlights our vulnerability and underlines the need, particularly in view of recent events, that everyone should have their affairs in order no matter what their age or circumstances as nobody can predict what may happen in the future.
It turned out that the young lady had unintentionally followed the Swedish concept of “dostadning” or ‘Death Cleansing’ which is getting widespread attention and gaining increasing popularity. It’s about encouraging people to deal with their life admin before they die rather than leaving it for their loved ones to deal with after they’ve gone. You make your life as clutter-free as possible by organising and de-cluttering your home before you die to lessen the burden for your loved ones.
As well as the legal side of putting your affairs in order which may include making a Will and Lasting Powers of Attorney, there are also practical considerations which may need to be sorted out and these can include: –
- Gathering together and putting in a safe place all personal and financial information and documents, such as your birth certificate, passport, driving licence, National Insurance and bank account details, pension plans, insurance policies, and ensure that your loved ones or executors know where they are kept.
- Set out any wishes you have regarding funeral arrangements. You could also consider putting in place a Pre-paid funeral plan.
- If you have internet accounts for emails or subscribe to social media or pay bills online or have other digital accounts, make sure that the passwords and any wishes regarding these accounts are recorded and stored safely and securely so they can be found after death.
- If you have any pets, you may want to think about who you would want to look after them if you die. You may have family members or friends that would be happy to help but perhaps not be able to keep them permanently. Therefore, consider your pet’s needs for both short term and long term.
- Think about making a plan for your future health and care needs so that whatever the situation, you have a plan in place. This will give you confidence that your wishes will be taken into account and you will receive the treatment and care you want. Discuss your plan with your family and friends and, if you have made a Lasting Power of Attorney, with your attorney so that if you are unable to make your own decisions, then your wishes are known and will be followed.
Let our specialist team at Baines Bagguley Penhale help with your own ‘Death Cleansing’!
We should be pleased to help provide advice and support in preparing Wills, considering Estate and Tax planning and completing Lasting Powers of Attorney.
Contact our office and ask to speak to Olivia Hodgson further details
COVID-19 Child Arrangements for Separated Families
The Covid-19 Pandemic and resulting Lockdown has meant that we have all had to change our arrangements to keep in touch with family members since the “Staying At Home” announcement by the Prime Minister on 23rd March 2020
Many separated families found this particularly challenging as they tried to maintain stability for children and minimise the anxieties we have all had about keeping within the rules and staying safe whilst taking into account everyone’s varying attitudes to risk.
Have a look at this advice from the specialist family lawyers at Baines Bagguley Penhale Solicitors for families in this situation:
The Rules
After some initial confusion, it was confirmed that the rules allow for children under 18 whose parents do not live in the same household to move between their parent’s homes. This is an exception to the rules and it does not mean that the children must travel.
Even where there is a court order in force, where parents agree that the arrangements in the order should be temporarily varied they are free to do so. It is sensible to record such an agreement in a note, email or text message sent to each other to avoid misunderstandings.
Routine
Most children’s day to day routines have been significantly affected by the global pandemic and children are anxious about their family’s health and the future. They may have spent more time than usual with one parent home schooling or spent more time with a parent who has been working from home.
When the rules change, use this as an opportunity to review the arrangements and look at what has worked well for your children.
Try to maintain a sense of routine even when face to face visits are not possible by using video facilities like FaceTime to keep in touch or making and sending video messages.
Co-Parenting Online Resources
There are some great resources available at https://www.cafcass.gov.uk/grown-ups/parents-and-carers/resources-parents-carers. Cafcass stands for Children and Family Court Advisory and Support Service and their website includes a Parenting Plan that you can download and save. There is an online version at www.cafcass.clickrelationships.org
A Parenting Plan is a written plan covering practical parenting issues that can help separated parents identify their expectations of each other as parents and record agreements reached. Parenting Plans are particularly helpful to refer to as circumstances change and arrangements are reviewed.
Resolving Issues
If there are issues that you are not able to resolve between you then consider using mediation or other forms of dispute resolution before applying to the court. You can contact a mediator and find out more about mediation before deciding whether it is right for you. In our experience, mediation, which is now taking place remotely by video, can give both parents an opportunity to listen to each other’s concerns and the reasons for differences of opinion which will help you address and resolve those issues.
A specialist family lawyer can support you whilst you are attending mediation and, if appropriate, attend mediation itself to support and advise you and help with the negotiations. They can also advise you on other forms of dispute resolution as well as advise you whether, as a last resort, to apply to the court or to arbitration for a decision to be made. The court are dealing with as many hearings as possible remotely, e.g. by telephone or video, but where necessary the court buildings are open and, if the judge agrees, you can attend court and speak to the judge in person.
Contact the Baines Bagguley Penhale Family Law team, solicitors Barbara Richardson and Nicola Codd, who can guide you through the options available to you and provide you with professional support and understanding to help you achieve a constructive resolution of issues in these challenging times.
Pensions on Divorce in 2021 – FAQ
When separated couples divorce, before they can reach a legally binding agreement about the resolution of financial issues or when a court application is made for financial orders, they both have to provide details of their pensions.
This is a specialist area and we recommend that you seek the advice of an experienced family lawyer and independent financial adviser before making an application to the court or signing an agreement.
Q: Can we agree that we each keep our pensions?
A: Provided you make each other aware of your pension values then you can reach a legally binding agreement that you each keep your pensions. However, if there is a significant difference in the values then the court can refuse to approve an agreed financial order where pensions are not being shared or taken into account in the division of other assets.
When you apply for the order the court requires a completed statement signed by both spouses/civil partners which includes the transfer values of pensions. This means that you are required to obtain that information about your pension and your spouse needs to be made aware of that information. If you have retired and are receiving pension benefits the pension scheme are entitled to charge to provide this information and so it is advisable to speak to a specialist family lawyer to see whether this can be avoided before incurring this cost.
Pensions are complex valuable assets and even where the scheme’s values are similar the pension benefits can be significantly different. This is an important decision that can have a serious effect on your financial future and so we strongly recommend that you obtain specialist advice before making this decision.
Q: Is my pension valuation likely to change due to the economic effect of the pandemic?
A: Pension experts (actuaries) are continuing to complete independent reports for court purposes on the values of pensions.
The current view is that the most immediate changes to valuations in pensions are likely to be for Defined Contribution/Money purchase pensions (e.g. personal pensions, stakeholder pensions and SIPP’s).
Employer’s Defined Benefit Pension Schemes valuations are also likely to change because the assets that support the scheme are likely to have fallen in value and it is becoming more expensive for these pension schemes to secure the income that must be paid out.
Public Sector Defined Benefit Pension Schemes may change in the longer term but these pension values are not likely to change in the near future.
Q: A Pension Sharing Order has been made and I am worried that it won’t be fair – what can I do?
A: The biggest concern likely to arise is whether the transfer value of the pension being shared reduces so that the benefits received are lower than the anticipated benefits. If one former spouse/civil partner is significantly disadvantaged as a result, then it may be possible to ask the court to change the terms of the order. Please note that this is a difficult issue upon which you should seek expert legal advice.
These are not straightforward issues and so we strongly recommend that you seek advice from our experienced family lawyers before taking any action.
Our specialist family lawyers, Barbara Richardson and Nicola Codd, are available to help and are contactable on our office telephone number, by email and on Microsoft Teams, Skype and, when tier rules allow, at our Morecambe office for face to face meetings.
Children’s Vaccinations and the Law
Children usually receive vaccinations in accordance with the school vaccination programme up to the age of 16 – but what happens when there is a dispute between the child’s parents about whether the child should receive a vaccination?
Both parents have to consent to vaccinations when they both have parental responsibility. Married parents both have parental responsibility for their children. Unmarried fathers only have parental responsibility when they are registered as the father on the birth certificate and the child was born on or after 1st December 2003. If the child’s father is not registered on the birth certificate, there is no registered parental responsibility agreement or parental responsibility order and he does not agree with the mother’s decision about whether the child is vaccinated he should take specialist legal advice about whether to apply to the court.
Over the last 20 years there have been a number of high profile disputes as a result of the concerns about the combined MMR vaccine and the courts have made it clear that where parents are in dispute about this issue neither parent has the right to make the decision alone and should seek the specific approval of the court.
The court’s primary concern is the child’s welfare. Recent case law has made it clear that:
- if the court receives medical confirmation that there are no contrary indications in the child’s medical history to the proposed vaccine, then generally the risk of catching the disease will be found to outweigh the risks associated with the vaccine and that
- vaccinations are generally now to be treated by the courts as public preventative healthcare intended to protect individual children and society more generally.
A parent who wants to oppose a routine vaccination needs to have strong medical evidence as the court is likely to follow the medical advice about their child’s health and if they are unsuccessful, they can be ordered to pay the other parent’s legal costs.
The Covid-19 pandemic and the development of a vaccine, now being administered to those most at risk, means that parents have to decide and agree whether their children will receive this vaccination with the added anxiety in these challenging times of how to protect elderly grandparents and maintain important family relationships.
Please contact our specialist family lawyers to discuss your child’s circumstances and how to resolve children’s vaccination issues.
Divorce – How do we get an agreed Financial Court Order?
We are often asked to help when, following separation, a married couple have agreed how their finances are to be dealt with and they want to make these arrangements final so that neither can change their minds. This is a very good idea as, without a court order, financial claims can be made at any time after the first divorce order, Decree Nisi. These claims do not end on the making of the final divorce order, Decree Absolute.
Within divorce proceedings, you can apply to the court for a financial consent order which is a document approved by the Court setting out the agreement you have reached and which provides that neither of you can make any further financial claim against the other (provided there is no ongoing spousal maintenance). These orders can only be applied for after the making of the first divorce order, Decree Nisi. The Court require you both to complete and sign a Statement of Information which sets out the facts in your case, including a summary of your income and assets. The Court requires this information so that it can decide whether it is appropriate in all the circumstances to approve the financial consent order.
Although it is not necessary for the order to be signed by solicitors on your behalf, this is an important legal document and we recommend that both spouses take separate independent legal advice on the contents. Once the financial order is made it can rarely be changed. The order can record agreements and include provision for the payment of a lump sum, transfer of property, sale of property, transfers of assets such as shares, pension sharing orders, spousal and child maintenance orders.
Our specialist family lawyers can prepare these documents for you and advise you upon the court’s procedure and powers.
We now offer a range of fixed fees in this area. Please see our Financial Agreement Fixed Fee page for further information.
Family Court or Family Arbitration?
When couples can’t agree how to resolve issues on separation/divorce, most people immediately think they have to apply to the Court.
But, even before the Covid-19 pandemic, the Family Court process was becoming slower and more frustrating for many people. Now there are staff shortages as well as a backlog of cases that are not suitable for remote hearings, using the Court to resolve issues could take over a year (if you are lucky).
So should you consider Family Arbitration?
Here are some Frequently Asked Questions answered by our specialist family lawyer, Barbara Richardson.
Q: Will we get a Court Order if we use Family Arbitration?
A: Yes – the arbitrator will make a financial award or, in a children’s case, a determination of the arrangements. This decision is the equivalent of a final judgment in a Court case.
In financial cases a Court order will be made in the same terms.
Q: What sort of disputes can be resolved using Family Arbitration?
A: Family arbitrators can deal with disputes concerning:
- the resolution of financial issues between divorcing spouses,
- financial support for children,
- living arrangements for children and the arrangements for children to see the other parent,
- disputes about children’s education and other arrangements,
- disputes about whether one parent should be able to move with the child to a different part of England and Wales.
Q: What happens if one of us decides not to cooperate with Family Arbitration?
A: You both have to agree to use Family Arbitration but, once you have both signed the application form, you have both agreed to be bound by the decision of the family arbitrator and the arbitration can only come to an end when a decision is made or if you both agree.
Q: What are the advantages of using Family Arbitration?
A: The Family Courts follow a fixed timetable and this is usually a slow process. Family Arbitration cases can be dealt with in periods of weeks and can be dealt with flexibly with complete confidentiality and less formality.
Like the Court, the arbitrator makes a decision acting fairly and impartially, applying the law, and you are guaranteed that a decision will be made which will be as binding and enforceable as a court order. Although you and your ex-partner share the family arbitrator’s fees, these fees are agreed at the start of the process. Usually, your own lawyer’s fees will be reduced because of the flexibility of the arbitration process which can be tailored to meet your particular needs and minimise delay.
Q: Where can I find out more about arbitration?
A: The family law organisation, Resolution, has more information including their own guide about arbitration at www.resolution.org.uk/arbitration
The Institute of Family Law Arbitrators is a non-profit organisation and they have detailed information about how arbitration works, who it is suitable for and the names of qualified arbitrators at www.ifla.org.uk.
When you take advice on how to resolve disputes arising on separation/divorce, ask your lawyer about all of the options including arbitration.
Our experienced family lawyers are here to help. Please do not hesitate to contact Nicola Codd or Barbara Richardson for advice.
