A bill introducing “no-fault” divorces in England and Wales has passed through the House of Commons with a likelihood of it becoming law as early as July.

Currently one person can start divorce proceedings immediately by alleging unreasonable behaviour, desertion or adultery against the other party.  A ‘fault based’ divorce is therefore the only option if people don’t want to wait a minimum of two years before divorcing. As couples can only have finality in relation to their financial arrangements if they divorce, many do not want to wait that long before being able to move on. Equally though they don’t want to have to ‘blame’ the other party for the marriage breakdown. For this reason the current system has for many years received wide criticism.

The proposed changes will take away the blame game and mean that an individual would only have to state that the marriage has broken down irretrievably. The bill also takes away the ability to contest the divorce. There will still be a possibility of challenging a divorce petition on very limited grounds such as coercion or fraud. The bill also allows couples to jointly apply for a divorce where the decision is a joint one.

The move has been termed by objectors as being a ‘quickie divorce’ however, this is not accurate in that there will still be a minimum of 6 months between petitioning for a divorce and it being made final. Some will no doubt take much longer.  If it makes its way through to law though, the court will be able to make a conditional order after 20 weeks.

Justice Secretary Robert Buckland said the bill will seek to make separation “less traumatic”. No-one sets out thinking that their marriage is going to end, no-one wants their marriage to break down, none of us are therefore indifferent when a couple’s lifelong commitment has sadly deteriorated.”

Family lawyers have promoted the concept of a no-fault divorce for many years and have largely welcomed the proposed changes.

RRP Associates Head of Family law Amelia Summers said:

“I welcome the progress made by this bill. The current system is needlessly antagonistic with a requirement to allocate fault to one party or another when in practice a marriage may simply have broken down with no fault. The removal of the 5 year period is also a very sensible move. Locking a person in a marriage they have emotionally left is damaging on many grounds. The changes may also reduce the costs and unnecessary acrimony associated with divorce.”

It is also expected that similar changes will be made to the law as applied to civil partnerships.

If you need advice on divorce or any other family matter please contact Amelia Summers:

T: 0745 127 0008

E: info@rrpassociates.co.uk

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The current restrictions are placing families under considerable pressure. The ‘lockdown’ is limiting movement, whilst those parents who can work from home are having to juggle work, with schooling and normal parenting. Health worries and concerns over friends and relatives add to a level of anxiety that can compound the stresses faced by family units. The normal network of support is compromised, although for some social media and the internet in general has proven to be a good support network.

There have been concerns raised about the ability of children with separated parents being able to be moved between households. However, it has recently become clear that (currently) where parents do not live in the same household, children under 18 can be moved between their parents’ homes. There will of course be exceptions to this typically when a member of the family unit is currently self-isolating.

Sadly there are also reports coming out that domestic violence is increasing. As the Guardian recently reported:

“There has been a rise in domestic abuse incidents directly related to the coronavirus outbreak. Beverley Hughes, Greater Manchester’s deputy mayor for policing and crime, said there had been reports of abuse linked to the lockdown.”

Despite the pressures that people are facing there can be no excuses for violent behaviour and despite the difficulties caused by the coronavirus outbreak there are still solutions available to individuals who are at risk.

The ‘Independent’ newspaper in its 18^th March edition ran a story suggesting that various experts anticipate a rise in divorce cases following the lockdown. The matter was even raised in the House of Lords.

Commenting on the issues RRP Associates Head of Family Amelia Summers said:

“These are challenging times for all types of family. For those going through a separation or struggling for access to children it will be particularly stressful. The law however, provides support for those in need and whilst personal meetings are currently not possible RRP Associates is in a position to be able to provide a full service to clients, to include court applications where necessary.”

If you would like to discuss your divorce, separation or children issues with one of our experienced family solicitors, please call the Family Department on 0845-RRP -0000 or e-mail info@rrpassociates.co.uk

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A divorce settlement has been reached after discussions took place between Ant McPartlin and ex-wife Lisa Armstrong.

Reports of Ant McPartlin’s financial settlement arising from the divorce flooded the news last week. Predictably, facts and figures vary from one report to the next, but the common theme appears to be the way in which they reached a settlement without going to Court.

The Court process can be a daunting and costly one and if it can be avoided, all the better. However, it is also a controlled, guided process which can be used to aid settlement and provide more certainty as to timescales for resolving your case.

Good legal advice can be the difference between continuing to negotiate fruitlessly (sometimes at great cost) and knowing when to get the Court involved. It can be the difference between settling when you shouldn’t and settling when you should.

Our Family Team is committed to ensuring our clients see the difference too. If you would like to discuss your divorce or separation with one of our experienced family solicitors, please call the Family Department on 0745 127 0008 to book an appointment at one of our London , tring or India offices.

Georgina Allen, Family Solicitor

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The delay occurred due to the unlawful suspension of parliament back in September as well as the December general election. Our article published on 4^th December bemoaned the delay, so this is a welcome injection of momentum.

First introduced in June 2019, The Divorce, Separation and Dissolution Bill, outlines provisions for no-fault divorce. Previously, in order to separate from a partner, couples needed to provide evidence of at least one of 5 facts; adultery, behaviour, desertion, two years separation (with consent), or 5 years separation (no consent required). The new bill which has now been introduced into the House of Lords, removes the requirement for factual grounds with the provision of a statement of irretrievable breakdown. The possibility of contesting a divorce will also be removed under the new law which will shorten the divorce process.

Identical changes will also be made to the law surrounding the dissolution of civil partnerships.

Sian Aung, a Partner in RRP Associates family departments says:

“The introduction of a no-fault divorce really would be a game changer as far as family law is concerned. It will ensure that the tone set for a parties’ separation is conciliatory and amicable. This would take some of the sting and stress out of the process. This could benefit not only the parties involved, but wider members of their families, including children, who often get caught up in whether it was mum or dad’s fault that the family unit was broken down.”

The Family Department at RRP Associates offers an understanding and sympathetic approach to anyone contemplating divorce. We offer a fixed fee consultation for anyone wishing to discuss divorce.  Please call the Family Department on 0745 127 0008 to book an appointment at either our London , tring or India office.

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While there is no single definition of parental alienation, the Children and Family Court Advisory and Support Service (Cafcass), recognise it as ‘when a child’s resistance or hostility towards one parent is not justified and is the result of psychological manipulation by the other parent’. A child that is subject to parental alienation is likely to reject or resist spending time with the parent that has been ‘badmouthed’.

Parental alienation is considered a form of psychological abuse that has the potential to damage the mental well-being of both the child and the rejected parent.

Parental alienation – an extreme case

In September 2019, HHJ Wildblood QC released his judgment regarding a complex case of parental alienation. He wanted to make the public aware of the damage that can be done when one parent alienates the other.

The mother, over a period of years, had demonised the father and alienated the children from him. There was no evidence that the father was unsuitable to have contact with them. As a result, the court ordered a trial transfer of residence and the children were moved to live with their father. During this period, they were not allowed to see their mother. The children were extremely resistant and ran away from their father. The attachment between father and children was, by now, too weak and the children returned home to their mother.  As a result, the father withdrew his proceedings and had no further contact with them.

The children’s view of their father had been so ingrained by their mother that, by the time the alienation had been recognised by the courts, the damage had already been done and it was too late for intervention to be successful.

Courts push for early intervention

The courts are now pushing for early intervention and parents are offered intensive therapy to change behaviour. Alienating parents who do not respond risk losing custody (now referred to as residence) of their child.

Undoubtedly, a change of residence can be very difficult for a child to cope with but, in some circumstances, it can prevent parental alienation.

In a case recently dealt with by Mr Justice Keehan, the child lived with his mother most of his life in the Midlands and his father lived in the south of England. The child had good regular contact with his father until March 2018, following which there was no further contact. The court confirmed that the mother had alienated the child from his father and that the child’s right to have a loving relationship with his father was being sacrificed. If the situation continued, the child would suffer severe emotional harm and have no relationship with his father.

Early intervention was established and it was agreed that a transfer of residence was the only way for the child and father to reconcile. Recommendations for the child and his father to attend therapy were made and during the transition the child had no direct contact with his mother. This transition with the help of appropriate support was successful.

The case highlights that the courts are prepared to take a robust approach to tackle parental alienation. It also demonstrates that, where the child previously had good quality contact with the alienated parent, relationships can be re-built.

The family law team at RRP Associates understand the sensitivity and complex nature of parental alienation issues. We offer an understanding and sympathetic approach and advise you to contact us immediately for an initial consultation. Please call RRP Associates ’ family team on 01582 870880 or 01442 229641.

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The proposed amendments to current divorce legislation had been welcomed with open arms, not only by lawyers but my members of Parliament.  The current legislation passed in 1973 allows for divorce on limited grounds; where one party is at fault or where there has been a period of separation.

The amendment would have aligned UK divorce laws with the American system which allows couples to divorce on the basis of ‘irreconcilable differences’.  There are many advantages to allowing ‘no fault’ divorce instead of the commonly used ground of unreasonable behaviour which is all about blame and where relationships that were once amicable quickly become acrimonious.

Sian Aung, a Partner in RRP Associates ’ family departments says:

‘Unfortunately, this is not the first time that a Bill advocating for no fault divorce has fallen by the wayside due to lack of parliamentary time. The issue does not appear to be high on the agenda for politicians, despite the fact that the legal profession and family law organisations are hugely in favour of the change. The introduction of a no fault divorce really would be a game changer as far as family law is concerned, and ensure that the tone set for a parties’ separation was conciliatory and amicable. This would take some of the sting and stress out of the process, which would benefit not only the parties involved, but wider members of their families, including children who often get caught up in whether it was mum or dad’s fault that the family unit was broken down. It is important that reform is considered, not only to address an outdated point of law, but also to help people have better relationships with one another – and given that the statistics suggest that around 1 in 2 marriages will fail, the benefits will be far reaching.’

With the General Election fast approaching the risk of the bill falling by the wayside increases and we must simply wait and see what happens.  We can only hope that whoever is elected decides to pick up where Parliament left off and get the bill passed in a timely fashion.

The Family Department at RRP Associates offer an understanding and sympathetic approach to anyone contemplating divorce and we offer a fixed fee consultation for anyone wishing to discuss divorce.  Please call the Family Department on 0845-RRP -0000 to book an appointment at either our London , tring or India office.

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The Great British Bake Off’s Paul Hollywood and his estranged wife turned to arbitration to settle their financial battle out of Court following their divorce.

What is arbitration?

Family arbitration is a form of private dispute resolution.  The parties jointly appoint an arbitrator who is usually a trained family solicitor or barrister or retired Judge.  Like a Judge, the arbitrator listens to the arguments and then makes a legally binding decision.

What are the positives?

1.      Overall it is usually more cost effective because the decision is quicker in contrast to Court proceedings which can continue for months, or even years.

2.      The process is confidential, informal and flexible.  It can be scheduled to fit the parties timetable, unlike a Court hearing which has to fit into an overcrowded Court calendar.

3.      The arbitrator remains the same throughout the process, unlike Court proceedings where a different Judge may hear each stage of the proceedings. This provides continuity and assurance that the arbitrator has a good grasp and understanding of all the facts.

4.      The parties choose whether they want to discuss the matter in writing only or meet face to face thereby avoiding hostility.  They also have a say on the venue where the proceedings will be heard.

5.      Arbitration hearings are completely private.

At RRP Associates we help navigate clients through the distress and acceptance of divorce and encourage clients to think about arbitration as an alternative to Court proceedings.  We can assist with helping you find the right arbitrator and will offer advice and support throughout the process.

For an initial consultation to discuss the options following relationship breakdown please call RRP Associates ’ family team on 01582 870880 or 01442 229641.

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During the week of the 23^rd September our Family Law team will be offering free advice sessions of up to 30 minutes. An appointment will be necessary and you can contact our team on 01582 870880 to make a booking.

Appointments are available across all of our offices (tring, India, London ) and are subject to availability.

Call one of our team today.

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So what is the law?

If you are going through a separation, divorce or dissolution then you will have a potential claim against all the assets, whether in joint names or in sole names.  Assets include pensions. Even if a pension is already in payment a claim can still be made.

What are the options?

At present there are four options available when considering how to deal with the pension.

• Offsetting: This is where the pension remains with the pension member but its value is taken into consideration when dividing the other assets. For example instead of taking any of the pension you may agree that you have more of the equity in the house.  This has the advantage of giving you cash now.
• Pension sharing: This allows a share of the pension to be transferred. It depends on the individual pension scheme whether the non member can then transfer the pension to a scheme of their choice or whether they have to keep it in the same scheme.  This has the advantage of giving you a pension on your retirement.
• Deferred lump sum: This is where a lump sum is agreed to be paid upon the member retiring and taking their pension. This has the advantage of obtaining a lump sum rather than a pension and can be received much earlier than a pension if your partner is older than you or entitled to take their pension earlier than you.
• Pension attachment:  This is where the pension on retirement (either a proportion of the lump sum, income or both) or any death in service grant is paid direct by the pension trustees. This was however introduced prior to pension sharing and is now rarely used.

How is the pension valued?

You will need to contact your pension provider and request a cash equivalent transfer value (CETV). If the pension is already in payment you will need to request a cash equivalent benefit statement (CEB).  Generally the value used for negotiation purposes is the value of the pension at the date of the CETV or CEB statement and not therefore the value at date of retirement. In some cases however it is appropriate to consider the value either earlier or later than the CETV or CEB statement.

Don’t miss out on your entitlement and ignore the pension. For an initial consultation to obtain advice on your relationship breakdown and pension entitlement or general family advice please call Amelia Summers on 01442 229641

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There’s no easy way to broach the topic because whichever way you try and look at it, it may be perceived that you think your partner is after your money or that you love your money more than your partner.

That said, one of the few certainties in life is that life is uncertain. A pre nup gives you the opportunity to put a little more certainty into your life. Whilst people do not enter into a marriage thinking it will end, it is unfortunately estimated that between 40% – 50% of marriages end in divorce.

Vaishali Faldu, a solicitor in our Family team says ‘If you’ve got assets to protect, protect them. Don’t bury your head in the sand. Deal with it as early as you can so your intentions are clear from the outset.’ This is not to say that your intentions are that all you care about is money, but rather that you are entering into the relationship for all the right reasons. You are saying that you want to make sure everything is fair.

There has been a rising interest in pre nups in recent years with a desire to protect hard earned assets. Recent research carried out concluded that 62% of people under the age of 35 said that they would not be offended if they were asked to sign a pre nup.

A pre nup can detail every last aspect of how you wish your finances and other matters to be dealt in the unfortunate event that your relationship breaks down. It also allows you and your partner to stipulate how your finances should be treated during the marriage and can give both more control in the event of a divorce.

Here’s a few things to think about if you are considering getting a pre nup:

Independent Legal Advice

Prenuptial agreements should be drafted by solicitors and each party will need to seek independent legal advice. This means that you cannot seek advice from the same solicitor. The solicitor will advise you of the contents of the agreement, its effect and whether the agreement drafted reflects what you are intending it to.

Full & Frank Financial Disclosure

Both parties must exchange financial disclosure prior to entering into the agreement. Being open, honest and upfront with each other is strongly advised. This is crucial if you want to give the agreement a better chance of being upheld later on.

If you cannot agree on the terms of the agreement, these will need to be negotiated by both parties and their legal representatives. If this occurs, it can take some time to finalise the agreement. Pre nups can be complicated documents particularly where varied asset types and multiple jurisdictions are involved. It is therefore important to consider this and allow enough time to negotiate and finalise the agreement.

You may also need to consider any potential future relocation to another jurisdiction as the laws governing pre nups there may differ from the UK.

Time limits

Pre nups have to be entered into well in advance of the wedding, so if you and your partner are thinking of getting a pre nup it’s best to make sure you go and see your solicitor as early as you can. The courts will more likely enforce an agreement entered into in advance of the marriage as it shows an indication that the agreement was not rushed into and that neither party was pressured to sign the agreement. We would recommend having the agreement executed at least 2 months ahead of your marriage and in any event it must be completed at least 28 days before the wedding.

Are pre nups legally binding?

This remains to be the most asked question. The simple answer is no, pre nups are not legally binding in the UK. However, the Courts are becoming more and more open to holding parties to their pre nups assuming certain conditions are met. This includes material disclosure being provided by the parties and the opportunity to take legal advice at the time of entering into the agreement. Provided the agreement is not manifestly unfair, there has been no significant non-disclosure or change in circumstances between the date of the marriage and the date of separation and both parties have entered into it of their own free will without undue influence or pressure and are informed of the implications, a Court will certainly take into account a pre nup when determining each person’s financial claims against the other and would most likely uphold it. It is certainly the best form of protection that can be offered at the current time and it may be that in the future such agreements become binding.

If you want to protect pre-owned assets or any inheritance or gifts that you may receive during the marriage, then getting a pre nup is certainly worth considering. Our team offer a fixed fee initial consultation for anyone seeking to discuss Pre Nuptial Agreements and to help you understand all the options available to you. If you would like to book an appointment at either our London , tring or India offices, please call the Family team on 0745 127 0008.

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