The Importance of Prompt Financial Settlements in High-Net-Worth Divorces: Expert Advice

Posted on 9 September 2024 by Lara Davies

OLS Solicitors Blog

The Importance of Prompt Financial Settlements in High-Net-Worth Divorces: Expert Advice

By Lara Davies on September 9, 2024

miniatures of people and sticks with the words High Net Worth Individuals. the concept of the value of a person's property or assets

Divorce is a challenging experience, particularly for high-net-worth individuals (HNWIs) who must navigate complex financial settlements. According to Lara Davies at OLS Solicitors, delaying the settlement process can have serious financial and emotional consequences. For those with significant assets, seeking prompt and thorough legal advice is crucial to minimise risks like asset dissipation, tax complications, and adverse changes in circumstances.

1. Risk of Asset Dissipation

One of the primary concerns during delayed settlements is the dissipation of assets. With more time, a spouse could attempt to hide, transfer, or devalue assets, complicating the division process. For HNWIs, this could involve intricate asset structures such as businesses, property, or offshore accounts. If these assets are transferred or concealed, it becomes difficult and expensive to recover them.

Lara Davies advises initiating financial disclosure early on to mitigate this risk. Full financial disclosure ensures both parties understand the extent of their wealth and helps prevent the possibility of concealed assets. You can read more about how full disclosure is essential in protecting assets during divorce in this article from OLS Solicitors.

2. Changes in Financial Circumstances

Another risk of delaying settlements is the potential for significant changes in financial circumstances during the divorce process. This can happen if one spouse experiences a sudden financial windfall, such as receiving a large bonus or inheriting substantial wealth. While seemingly advantageous for one party, these changes complicate settlement negotiations as the other spouse may feel entitled to more, leading to drawn-out disputes and costly legal battles.

Additionally, economic factors such as property market fluctuations or exchange rate changes can affect asset values. Delayed settlements expose individuals to these uncertainties, which may alter the terms of an originally fair agreement. To avoid these issues, it’s important to act swiftly. For more on how economic factors influence divorce settlements, check out this expert guide.

3. Tax Implications of Delayed Settlements

Tax consequences are another critical consideration for HNWIs during divorce. Specifically, capital gains tax (CGT) can come into play if asset transfers occur in different tax years. If settlements are delayed and assets like property or shares are transferred after the tax year ends, CGT may be applied, reducing the overall value of the divided assets. This tax liability can have a substantial impact, especially if proper tax planning is not carried out.

High-net-worth individuals often have complex financial structures, including trusts, offshore accounts, and private businesses. A timely settlement helps avoid unnecessary tax liabilities and ensures that assets are divided efficiently. To learn more about the tax implications of divorce, particularly for HNWIs, visit this detailed tax guide.

4. Emotional and Psychological Effects of Delays

Beyond financial and legal ramifications, delayed settlements can also take a significant emotional toll. Divorce is inherently stressful, and drawn-out proceedings only exacerbate anxiety, frustration, and uncertainty for both parties. The longer the process continues, the harder it becomes for individuals to move forward with their lives.

For HNWIs, these challenges can be amplified by the complexity of their financial portfolios, making it harder to achieve closure. Furthermore, prolonged settlements can affect children, especially if there is uncertainty about their future living arrangements, education, and overall financial security. Swift resolution helps to alleviate these emotional burdens, allowing both parties to begin rebuilding their lives.

5. Advantages of Early Resolution

By addressing financial settlements promptly, high-net-worth individuals can avoid many of the risks associated with delays. Timely settlements provide both parties with clarity and stability, enabling them to make informed decisions about their future. Moreover, acting quickly often helps preserve amicable relations, which is particularly important when children are involved.

Lara Davies emphasises the need for early legal intervention, advocating for a multidisciplinary approach that includes solicitors, financial planners, and accountants. This ensures that all aspects of the financial settlement, including asset protection and tax planning, are handled with the utmost care and efficiency.

Conclusion

Delaying financial settlements in high-net-worth divorces can lead to a host of issues, including asset dissipation, changes in financial circumstances, and tax liabilities. Moreover, the emotional toll of prolonged proceedings can make an already difficult situation even harder to navigate. By seeking professional legal and financial advice early, HNWIs can ensure that their financial settlements are completed in a timely and fair manner. Acting promptly allows both parties to safeguard their assets, minimise tax burdens, and reduce the emotional stress associated with divorce.

For more information on high-net-worth divorce settlements and legal strategies to protect your wealth, contact us using the call back request form.

Request A Free Callback

Bridging the Pension Divide: How to get a fair divorce settlement

Posted on 9 May 2024 by Lara Davies

OLS Solicitors Blog

Bridging the Pension Divide: How to get a fair divorce settlement

By Lara Davies on May 9, 2024

Mature busy business woman financial manager using digital tablet working in office. professional businesswoman executive holding tab technology device standing at work. generative AI

Introduction

Divorce can be an emotionally and financially tumultuous experience, especially for women. One of the most overlooked aspects of divorce settlements is the division of pension assets. Estimates suggest that UK women are missing out on a staggering 2-4 billion in pension savings each year due to inadequate consideration of pensions during divorce proceedings. This alarming trend highlights a pressing need to address the gender pension gap and ensure that women are not disproportionately disadvantaged when their marriages come to an end, spotlighting the critical issue of pension inequality.

The Pension Pitfall: Understanding the Scale of the Issue

The complex nature of pension schemes and the tendency for divorcing parties to prioritize more tangible assets, such as the family home, have contributed to this significant oversight. Research indicates that over a third of divorcees are unaware of the value of their own or their partner’s pension savings. This lack of awareness can have severe consequences, particularly for women who, on average, have significantly lower pension pots compared to their male counterparts, underscoring the importance of understanding one’s pension scheme.

The Gender Pension Gap: A Persistent Challenge

The gender pension gap is a well-documented phenomenon, with women’s average pension savings at retirement age (67) standing at 69,000, compared to 205,000 for men. This disparity is often exacerbated by factors such as career breaks, part-time work, and the gender pay gap. When these factors are combined with the overlooking of pensions during divorce settlements, the financial implications for women can be devastating, affecting both their retirement savings and pension pot.

Pension Splitting: A Vital Step Towards Equality

Pension splitting, or the division of pension assets as part of a divorce settlement, is a crucial step in addressing this imbalance. By ensuring that pensions are given due consideration alongside other assets, such as the family home, women can secure a more equitable financial future. However, the uptake of pension splitting remains low, with estimates suggesting that around 60% of divorces do not involve this crucial step, highlighting the need for a splitting order.

Navigating the Complexities: The Role of Financial Advisers

Financial advisers play a pivotal role in guiding clients through the complexities of pension splitting. They can help clients understand the value of their pension assets, the implications of different settlement options, and the long-term financial consequences of neglecting pensions during the divorce process. By proactively raising the importance of pensions and providing tailored advice, advisers can empower their clients to make informed decisions that safeguard their financial wellbeing, offering essential pensions advice.

Bridging the Awareness Gap: Educating Clients

One of the primary challenges faced by advisers is the lack of client awareness regarding the significance of pensions in divorce settlements. Many clients, particularly women, view pensions as too complicated to bother with, preferring to focus on more tangible assets. Advisers must take a proactive approach in educating their clients, highlighting the long-term implications of overlooking pensions and the potential benefits of pension saving.

Collaborative Approach: Working with Legal Professionals

Advisers can further enhance their impact by collaborating with legal professionals specializing in divorce proceedings. By establishing strong working relationships with solicitors and divorce coaches, advisers can ensure that their clients receive comprehensive support throughout the divorce process. This collaborative approach can help navigate the legal complexities of pension splitting and ensure that women’s financial interests are prioritized.

Overcoming Emotional Barriers: Addressing Client Concerns

Divorce can be an emotionally charged experience, and clients may be reluctant to engage with the intricacies of pension splitting due to fears of ongoing financial entanglement with their ex-partner. Advisers must be prepared to address these concerns sensitively, educating clients on the differences between pension splitting and attachment orders, and emphasizing the long-term benefits of securing a fair division of pension assets.

Leveraging Industry Resources: Empowering Advisers

To better support their clients, advisers can leverage a range of industry resources, such as those provided by Advice Now and the Resolution website. These organizations offer free information and guidance on pension splitting, helping advisers stay up-to-date with the latest developments and best practices in this specialized field, enhancing the quality of pension advice services.

Regional Considerations: Tailoring Advice to Local Contexts

The value of pension assets can vary significantly based on the client’s geographic location and the industries prevalent in their region. Advisers must be attuned to these regional nuances, being mindful of the potential presence of high-value pension schemes, such as those in the banking, military, or manufacturing sectors. By understanding these regional factors, advisers can provide more targeted and effective advice to their clients, ensuring they are well-informed about their pension scheme.

Addressing the Systemic Challenges: Advocating for Change

While individual advisers can make a significant difference in their clients’ lives, addressing the systemic challenges that contribute to pension inequality requires a broader, collaborative approach. Advisers can play a role in advocating for policy changes and industry initiatives that prioritise the equitable division of pension assets during divorce proceedings, ultimately driving systemic change and ensuring a more level playing field for women.

The OLS Advantage: Prioritising Pension Sharing

At OLS Solicitors we recognize the critical importance of pension sharing in divorce settlements. Our team of experienced legal professionals works closely with financial advisers to ensure that our clients’ pension assets are given the attention they deserve. By leveraging our in-depth knowledge of pension fund management and the nuances of regional pension schemes, we are uniquely positioned to secure the best possible outcomes for our clients, empowering them to build a secure financial future post-divorce.

Conclusion: A Call to Action

The alarming gap in pension savings experienced by women during and after divorce is a pressing issue that demands immediate attention. By raising awareness, educating clients, and collaborating with legal professionals, financial advisers can play a pivotal role in bridging this divide and empowering women to achieve greater financial independence. Through a concerted effort to prioritize pension sharing in divorce settlements and promoting automatic enrolment, we can work towards a more equitable future, where women’s long-term financial wellbeing is safeguarded, and the gender pension gap is finally addressed.

Request A Free Callback

The Impact of New Divorce Laws and Online Systems on Financial Orders and Pensions

Posted on 15 April 2024 by Mark Keenan

OLS Solicitors Blog

The Impact of New Divorce Laws and Online Systems on Financial Orders and Pensions

By Mark Keenan on April 15, 2024

Introduction

In April 2022, England and Wales introduced a significant reform to their divorce laws, known as the ‘no-fault’ divorce system. This change allows spouses to dissolve their marriage without assigning blame, aiming to simplify and expedite the process. Alongside this, there has been a move towards handling financial remedy applications through online systems. This article explores how these changes might be influencing the frequency and nature of financial orders, particularly concerning pensions, and what this could mean for consumers.

Reduction in Financial Orders

Under the new system, the divorce process can be completed in as little as six months, with much of the proceedings handled online. This streamlined approach is designed for efficiency and reduced conflict. However, there are emerging concerns that this speed and ease might lead individuals to bypass comprehensive financial negotiations, particularly concerning pensions.

Pensions are often one of the largest assets discussed during a divorce, especially for long-term marriages. They are crucial for future financial stability, yet they are complex and require careful consideration to divide fairly. The rapid online process might lead to an under-exploration of pension sharing options, risking significant financial disparities post-divorce, particularly affecting women who have traditionally been disadvantaged in pension accumulations.

Impact on Pensions

The streamlined divorce process, combined with the shift towards online financial remedies, could potentially exacerbate existing issues in pension sharing during divorces. Data indicates that only about one-third of divorces result in a financial order involving property and finances, with even fewer addressing pensions. This is concerning because inadequate attention to pension sharing could increase the already significant gender pension gap, leaving more individuals, particularly women, financially vulnerable in retirement.

The new online systems, while efficient, might not adequately prompt parties to consider complex assets like pensions. There’s a risk that the digital process oversimplifies or omits critical steps needed for fair pension evaluation and division. The emphasis on a quick resolution may inadvertently lead to decisions that prioritize immediate outcomes over long-term fairness and adequacy of pension distribution.

Implications for Consumers

For consumers, particularly those nearing retirement, the implications of overlooked or rushed pension arrangements in divorce can be profound. Inadequate pension sharing can result in insufficient retirement funds and a lowered quality of life in later years. Furthermore, the potential for financial disputes and legal challenges may increase if one party feels the pension division was unjust or inadequately considered.

Recommendations

Increased Awareness and Education: There needs to be greater awareness about the importance of addressing pensions during the divorce process. Educational resources should be made readily available to both parties in a divorce, explaining the long-term benefits and necessities of fair pension sharing.

Improvements in Online Systems: Online platforms for divorce and financial settlements should include mandatory checks and balances that ensure pensions are considered. These systems could feature prompts or reminders about pension assets or even require a consultation with a financial advisor before finalizing the divorce decree.

Monitoring and Research: It’s crucial to monitor how the new divorce laws and online systems affect pension sharing outcomes. This research can inform further improvements in policy and practice, ensuring that divorces lead to equitable financial resolutions.

Conclusion

While the new ‘no-fault’ divorce laws and online systems in England and Wales offer a promise of simplicity and reduced acrimony, there is a critical need to ensure they do not overlook the complex and significant matter of pension sharing. Without proper attention to this aspect, the laws could inadvertently perpetuate or exacerbate financial inequalities, especially among older divorcees. As such, continuous evaluation and adaptation of these systems are essential to safeguard all parties’ financial futures post-divorce.

sources:
https://blueskyifas.co.uk/could-the-no-fault-divorce-system-undermine-the-sharing-of-pensions-on-divorce/

https://pensionsage.com/pa/Concerns-raised-over-pension-impact-of-new-divorce-laws.php

https://committees.parliament.uk/writtenevidence/109766/pdf/

Request A Free Callback

The Essential Guide to Pet-Nups: Securing Your Pet’s Future

Posted on 25 March 2024 by Georgina Hitchins

OLS Solicitors Blog

The Essential Guide to Pet-Nups: Securing Your Pet’s Future

By Georgina Hitchins on March 25, 2024

A pet-nup, or pet nuptial agreement, is becoming an essential document for pet owners facing divorce, catering to the well-being and future of our furry family members ^[1] ^[2]. Not only does it outline the care and custody of a pet, but it also ensures an amicable settlement is agreed upon in advance, avoiding heated disputes ^[1] ^[2].

Though not legally binding, courts consider pet-nup arrangements during separations, making it a pivotal document for those wanting to ensure their pet’s welfare ^[2]. This guide will delve into understanding pet nups, their importance, key elements, and legal navigation, ensuring you’re equipped to secure your pet’s future amidst divorce or separation.

Understanding Pet-Nups

In the realm of pet ownership during divorce, understanding the legal and emotional nuances is crucial. Here’s a breakdown:

Legal Status of Pets: Traditionally, pets are viewed as property, with custody awarded based on ownership or financial investment ^[1]. However, pet-nups challenge this view by prioritizing the pet’s well-being and the bond with its owners ^[3].
What is a Pet-Nup?: A pet-nup is a document outlining pets’ living arrangements post-separation ^[3]. It aims for an amicable care settlement, reducing potential conflicts ^[2]. Though not always legally binding, courts may consider these agreements during proceedings ^[2].
Key Considerations in a Pet-Nup:
- Ownership and Custody: Specifies who will care for and physically keep the pet ^[4].
- Financial Responsibilities: Details on splitting costs related to the pet’s care, including medical bills, insurance, and daily expenses ^[2].
- Visitation Rights: Arrangements for the non-custodial party to visit the pet ^[4].
- Future Changes: Provisions for what happens if one party wishes to relocate with the pet ^[4].

Pet-nups are becoming essential tools for ensuring pets’ stability and happiness through the turbulence of a breakup, reflecting a shift towards recognizing pets as family members rather than mere property ^[3].

Why You Should Consider a Pet-Nup

Considering a pet-nup is not just about anticipating the end of a relationship; it’s about ensuring the well-being of a cherished family member—your pet. Here’s why it’s worth considering:

Prevention of Disputes: Pet-nups can significantly reduce the likelihood of disputes over pet ownership and custody, which not only saves time and money but also spares all parties involved from unnecessary emotional distress ^[8].
Peace of Mind for Pet Owners: Knowing that your pet’s future is secure, regardless of personal circumstances, can provide immense peace of mind. Pet-nups ensure that pets are protected in the event of a breakup, prioritizing their well-being above all ^[4].
Prioritizing the Pet’s Needs: Unfortunately, pets are often considered property in legal disputes. A pet-nup can prevent pets from being treated as mere objects by ensuring that their needs are the priority, thus preventing retaliatory behavior between parties ^[9] ^[10].

For Existing and Future Pets: Whether you’re entering a relationship with a pet or planning to get one together, a pet-nup is a practical step towards responsible pet ownership ^[4].
Legal Considerations: Despite pets being seen as property by the law, pet-nups can influence court decisions by presenting a clear agreement on the pet’s care, which is especially important given that disputes over pet ownership can become as complex as those involving children ^[3] ^[5].
The Best Interest of the Pet: It’s recommended to always consider what’s in the best interest of the pet when determining ownership. A pet-nup allows for these considerations to be outlined and agreed upon in advance ^[10].

Creating a pet-nup might seem like a daunting task, but it’s a testament to the love and care you have for your pet. It ensures that, no matter what happens, your pet’s future is secure and that their needs are always a priority.

Key Elements of a Comprehensive Pet-Nup

Creating a comprehensive pet-nup involves addressing several key areas to ensure the well-being and security of your pet in the event of a relationship dissolution. Here’s a breakdown of essential elements to include:

Custody and Ownership: Clearly define who will have custody and be considered the primary owner. This includes specifying care arrangements and how decisions regarding the pet’s welfare are made ^[4]^[2].
Financial Responsibilities: Outline all financial obligations, such as veterinary bills, insurance payments, daily care costs, and end-of-life expenses. It’s crucial to detail how these expenses will be split or managed ^[2]^[13].
Visitation and Living Arrangements: Include visitation rights for the non-custodial party, if applicable. Also, address potential scenarios like relocation and how it affects visitation and custody ^[7]^[14].
Medical Care and Decision-Making: Specify guidelines for medical decisions, including routine care and emergency situations. Deciding on who makes these decisions and how they’re financed is vital ^[12]^[14].
Additional Considerations: Although not legally enforceable, incorporating lifestyle choices and daily care routines can help minimize conflicts. This may cover diet, exercise, and other aspects of the pet’s lifestyle ^[12].

Remember, the focus of the pet-nup should always be “pet-centric,” ensuring decisions prioritize the pet’s welfare and happiness ^[6].

Navigating Pets and Divorce Legally

Navigating the legal landscape of pets and divorce involves understanding both the traditional stance of pets as property and evolving legal perspectives that prioritize their well-being. Here’s a concise guide to legal considerations and strategies:

Legal Perspectives on Pets: Traditionally, pets are seen as personal property in divorce proceedings ^[14]^[17]. However, states like Alaska, Illinois, and California have begun to consider the best interests of the pet, similar to child custody cases ^[9]^[14].
Deciding Custody and Ownership: Courts take into account factors such as who owned the pet before the marriage, who has been the primary caregiver, and who can financially support the pet ^[7]^[16]. In cases where a decision cannot be made, the pet may be sold, and proceeds split ^[2].
Creating a Pet Custody Plan: To avoid court decisions, couples are encouraged to negotiate pet custody and sharing agreements ^[14]. This can include detailed visitation arrangements and financial responsibilities for the pet’s care ^[18]. If disputes arise, mediation is recommended as a first step ^[14].

This approach emphasizes the importance of considering the pet’s welfare while also acknowledging the legal reality that pets are still often viewed as property.

Conclusion

Through the exploration of pet-nups, it’s evident that these agreements aren’t just legal documents—they are a pledge of continuity and well-being for our pets amidst life’s unforeseen events. By prioritizing the pet’s needs, a pet-nup serves as a preventive measure against disputes and ensures that the pet’s welfare remains at the heart of decision-making. Recognizing pets as more than property, the movement toward securing their futures underscores the evolving human-pet bond and reflects a growing societal acknowledgement of pets as integral family members.

As the guardians of our furry companions, it’s our responsibility to ensure their stability and happiness, no matter the personal circumstances that may arise. Crafting a pet-nup, though it may seem daunting, is a testament to this commitment. For those navigating the complexities of pet ownership amidst life changes, seeking expert guidance can provide clarity and peace of mind. Should you require further information on creating a pet-nup or guidance on ensuring your pet’s future safety, please do not hesitate to contact us

References

[1] – https://nstexaslaw.com/lawyer/2020/01/20/Family-Law/Pet-Lovers-Do-You-Need-a-Pet-Nup_bl39291.htm
[2] – https://www.newtons.co.uk/news/complete-guide-to-pet-nups/
[3] – https://www.mccaberussell.com/blog/what-is-a-pet-nup-and-should-i-have-one-in-my-marriage/
[4] – https://www.quora.com/What-is-a-petnup-Why-is-it-important-and-what-is-it-good-for
[5] – https://www.wiselaw.co.uk/prenuptial-agreements/pet-nup-complete-guide/
[6] – https://www.divorcesolicitors.com/the-pet-nup-planning-for-your-pets-future/
[7] – https://helloprenup.com/prenuptial-agreements/the-petnup-how-to-protect-your-fur-baby/
[8] – https://www.lawfirm-newyork.com/blog/2019/12/property-division-what-is-a-pet-nup/
[9] – https://www.thisdogslife.co/the-pet-nup-do-you-need-one/
[10] – https://www.girlings.com/latest/pet-ownership-after-a-break-up-do-i-need-a-pet-nup
[11] – https://boyerlawfirm.com/blog/including-pets-pre-nuptial-agreements/
[12] – https://www.bluecross.org.uk/pet-nup
[13] – https://justprenups.com/the-pet-nuptial-as-prenup-or-how-to-ensure-your-pets-care-and-future/
[14] – https://www.divorcenet.com/resources/who-gets-the-family-dog-or-cat-in-a-divorce.html
[15] – https://www.harrisfamilylaw.com/resources/divorce-trends/when-pets-are-an-issue-in-divorce-proceedings/
[16] – https://www.kiplinger.com/personal-finance/602161/divorce-tips-to-avoid-a-messy-dog-custody-battle
[17] – https://www.findlaw.com/family/divorce/who-gets-the-dog-in-divorce-.html
[18] – https://www.animallaw.info/intro/custody-pets-divorce
[19] – https://www.billianlaw.com/how-to-handle-pets-during-a-divorce/

Request A Free Callback

What are financial remedy orders and can you get one on Gov.uk

Posted on 23 January 2024 by Lucy Batstone

OLS Solicitors Blog

What are financial remedy orders and can you get one on Gov.uk

By Lucy Batstone on January 23, 2024

What exactly are Financial Remedy Orders?

When starting a divorce or dissolution of a civil partnership in the UK, understanding what financial remedy orders are, is essential. This legal framework plays a key role in ensuring a fair division of financial assets and responsibilities between parties. This blog aims to demystify these terms and explain their significance in relation to the no fault divorce system now in place in England and Wales.

Many of you reading this blog may have chosen to file your divorce yourself on the Government digital portal. You may think that once you have received your final decree, your finances are also dealt with. I am afraid that is simply untrue. The divorce only allows you to remarry, nothing more.

The only hint that this is an issue is on the page asking if you are a sole or joint applicant when you sign up to start your divorce application.

Understanding Financial Remedy Orders

A financial remedy order is a broad term for any court order dealing with financial settlements between individuals in the process of divorcing or dissolving a civil partnership in England and Wales. Until recently the courts used the term ancillary relief to cover financial applications.

It encompasses various financial aspects such as property distribution, maintenance payments, and pension sharing. The core aim is to achieve an equitable financial settlement, with special emphasis on the welfare of any children involved.

Financial Consent Order

A financial consent order is a specific type of financial remedy order. It’s an agreement reached voluntarily between both parties about how assets and finances should be divided. Most financial remedy orders are by consent. Once agreed and signed the order is reviewed and approved by a court to ensure fairness and legality. This order becomes legally binding once approved, offering both parties protection from future financial claims.

Clean Break Order

A clean break order is another form of financial remedy order, designed to sever all financial ties between the divorcing parties. It means that neither party can make a financial claim against the other in the future. This is particularly useful for ensuring long-term financial independence and security post-divorce. Only cases where there is no ongoing financial commitment can have a clean break order.

The Process of Obtaining These Orders

The process in obtaining any financial remedy order begins with an application to the court handling the divorce or dissolution. The process involves full financial disclosure by both parties, followed by negotiations and, if necessary, court hearings. A judge may decide in a final hearing if an agreement is not reached, resulting in a legally binding order.

You cannot get a financial remedy order on Gov.uk

Although you can now apply for divorce digitally on Gov.uk you cannot apply for financial remedy order digitally. You are still advised to have a solicitor or other qualified legal professional preapre this for you as they are not template documents and can be quite complicated, even with minimal assets.

Glossary

Financial Remedy Order: A legal order from a court that settles financial disputes in the context of a divorce or dissolution of a civil partnership.

Financial Consent Order: A voluntary agreement between divorcing parties on financial division, made legally binding by court approval.

Clean Break Order: An order that ends all financial commitments between divorcing parties, preventing future financial claims.

What can Influence a Financial Remedy Order?

The court considers several factors when determining these orders, such as the welfare of children, the financial needs and capabilities of both parties, the standard of living during the marriage, the duration of the marriage, and contributions made by each party.

The Importance of Legal Advice

Given that these orders will regulate the finances of the couple post-divorce, seeking legal advice is crucial. A family law solicitor can provide guidance, representation, and ensure that the settlement is fair and reasonable. You can get decent quality legal advice for a fixed fee without breaking the bank.

Financial remedy orders, including financial consent orders and clean break orders, are essential in achieving a fair financial settlement in divorce or dissolution cases. Understanding these terms and their implications, along with seeking professional legal advice, can greatly assist divorcing individuals in getting through this challenging process.

If you would like advice on obtaining a financial remedy order, please contact me on livechat, by phone or request a callback and we can guide you.

Lucy

Request A Free Callback

Find The Right Family Law Solicitor in Swindon: A Comprehensive Guide

Posted on 8 January 20248 January 2024 by Lucy Batstone

OLS Solicitors Blog

Find The Right Family Law Solicitor in Swindon: A Comprehensive Guide

By Lucy Batstone on January 8, 2024

Choosing the right family law solicitor in Swindon is a critical decision that can significantly impact the outcome of your legal matter. Family law encompasses a range of issues, including divorce, child custody, and financial settlements, and finding a solicitor who is not only skilled but also empathetic to your situation is key.

Understanding Your Needs

Firstly, understand your specific needs. Family law is a broad subject, and different solicitors may have different areas of expertise. Some might be more experienced in handling complex financial settlements, while others may excel in child custody matters. Identify what you need most from your solicitor – whether it’s strategic advice, emotional support, or expertise in a particular area of family law.

Research and Recommendations

Start by researching local solicitors in Swindon. Look for solicitors who specialise in family law, as they will have the specific expertise and understanding of the nuances in this area. Personal recommendations can be invaluable, so ask friends or family members who have gone through similar situations. Online reviews and testimonials can also provide insight into a solicitor’s approach and success rate. One such website is Review Solicitors who rate local firms based on feedback, essentially a Trustpilot for law firms.

Qualifications and Experience

Check the qualifications and experience of the solicitors. Look for those who are members of Resolution. This can be an indicator of their commitment to and expertise in fair family law outcomes.

Free Initial Consultations

Many family law solicitors in Swindon offer initial consultations, either free or at a reduced rate. Use this as an opportunity to gauge their expertise and how well they understand your case. It’s also a chance to see if you feel comfortable with them, as a good rapport with your lawyer is essential in family law cases.

Communication and Approach

Consider the solicitor’s approach to your case. Family law issues can be emotionally charged, so it’s important that your solicitor communicates with you in a way that you understand and are comfortable with. They should be compassionate but also realistic about the outcomes of your case. They should also avoid legalese.

Costs and Transparency

Understand the costs involved. Family law solicitors in Swindon may charge differently, so it’s important to have clarity on how you will be billed. Solicitors should be transparent about their fees and provide you with a detailed breakdown. You should be able to see a menu of fees on their website. Are they being transparent?
There is nothing worse than being told it will cost X amount, only to receive a bill much higher than expected. A good Solicitor will keep you updated on any changes to their estimates as the case progresses, with an explanation.

Location and Accessibility

Finally, consider the location and accessibility of the solicitor. While much of the communication can be done remotely, there may be times when face-to-face meetings are necessary. A local solicitor in Swindon will be more accessible for such meetings. Many firms are located in old buildings, with limited parking., so be sure to check out their parking arrangements and whether they are disability friendly.

Choosing the right family law solicitor in Swindon requires careful consideration of your specific needs, thorough research, and an understanding of the solicitor’s expertise and approach. By taking these factors into account, you can find a solicitor who will provide the support and guidance you need during what can be a challenging time.

If you think that OLS Solicitors may fit the bill, give us a no obligation call on 01793 676278

Request A Free Callback

Navigating Christmas After Divorce: A Parent’s Guide

Posted on 18 December 202318 December 2023 by Isabel Gillman

OLS Solicitors Blog

Navigating Christmas After Divorce: A Parent’s Guide

By Isabel Gillman on December 18, 2023

Advice on how to cope at Christmas for divorced parents

Christmas can be hard on parents

The festive season, particularly Christmas, is a time of joy, family, and celebration. However, for divorced parents, this period can also bring unique challenges. Juggling the emotions of your children, coordinating schedules, and ensuring a joyous atmosphere for everyone involved requires careful planning and sensitivity. This comprehensive guide aims to provide practical tips and advice for divorced parents to navigate the Christmas season successfully, ensuring it remains a time of happiness and warmth for all.

Understanding the Emotional Landscape:

Divorce can significantly impact children, and the festive season often amplifies these emotions. It’s essential to acknowledge and validate their feelings. Open conversations, reassurance, and emotional support can help children adjust to the new family dynamics during Christmas.

Early Communication and Planning:

Initiate discussions with your ex-partner well in advance. Agree on a schedule that works for everyone, considering both parents’ and children’s preferences. Flexibility and compromise are key to a harmonious arrangement.

Creating New Traditions:

While maintaining some old traditions can provide a sense of continuity, creating new ones can be equally important. Engage your children in deciding these new activities, fostering a sense of belonging and excitement.

Dealing with Extended Family:

Extended family can be a source of support but also of stress during these times. Communicate your plans clearly to them and set boundaries if necessary. Encourage them to maintain a positive and inclusive attitude towards both parents.

Balancing Expectations:

Manage your expectations and those of your children. The first Christmas post-divorce might not be perfect, and that’s okay. Focus on the quality of time spent rather than trying to compensate for the changed family situation.

Managing Your Own Emotions:

It’s crucial for parents to take care of their emotional well-being. Seek support from friends, family, or professionals if needed. Remember, your emotional health directly impacts your children’s well-being.

Alternating Holidays or Celebrating Together:

Some families find alternating Christmases between parents works best, while others opt for a joint celebration. Assess what suits your family dynamics and children’s needs. Whichever you choose, clear communication and respect for each other’s time are vital.

Coping Strategies for Parents:

The holiday season can be lonely for a parent spending Christmas without their children. Plan ahead for these times. Engage in activities that you enjoy, reach out to your social circle, or use this time for self-reflection and relaxation.

Psychological Impact on Children:

Be aware of the psychological impact of divorce on children during festive seasons. Watch out for signs of stress or sadness in your children and address them promptly. Professional help like counseling can be beneficial for both parents and children.

Case Studies and Real-Life Examples:

Read or research case studies of how other divorced families have successfully managed Christmas can provide practical insights and hope. Sharing real-life experiences normalises the challenges and highlights the potential for positive outcomes. There are multiple groups for parents on platforms such as Facebook that can help.

Seeking Professional Help:

In cases where agreements on child arrangements are challenging, seeking professional help from family lawyers or mediators can be a wise decision. They can provide legal guidance and help in finding a solution that is in the best interest of the children.

Summary:

Divorce need not cast a shadow over the festive cheer of Christmas. With thoughtful planning, open communication, and a focus on the children’s happiness, divorced parents can ensure a joyful and memorable holiday season for their family. Remember, the essence of Christmas lies in the love and warmth shared, regardless of the family structure.

Useful resources:

Child Mind Institute – www.childmind.org

A resource for understanding the psychological impact of divorce on children and how to support them through the festive season.
Divorce Magazine – www.divorcemag.com

Provides expert advice on managing family dynamics and children’s well-being during and after divorce.
Family Lives – www.familylives.org.uk

A UK-based organization offering support and guidance for families going through changes, including coping strategies for holidays.
The Co-Parenting Handbook – www.coparentinghandbook.com

Request A Free Callback

Divorce Day: We debunk the myth of divorce at Christmas

Posted on 4 December 2023 by Georgina Hitchins

OLS Solicitors Blog

Divorce Day: We debunk the myth of divorce at Christmas

By Georgina Hitchins on December 4, 2023

An article debunking the myth of divorce day

Debunking the ‘Divorce Day’ Myth: Understanding the Real Trends in UK Divorce Enquiries

The media’s portrayal of ‘Divorce Day’, the supposed annual peak day for divorce filings following the festive season, is more of a myth than a reality. In actuality, the increase in divorce enquiries in the UK is more gradual and varies throughout the year. Understanding the real trends behind these enquiries provides a more accurate picture of marital breakdowns and the decisions leading to divorce.

Beyond theDivorce Day Myth: A Broader Perspective

The concept of a singular ‘Divorce Day’ stems from anecdotal evidence rather than statistical data. Legal firms often report an increase in enquiries in January, but this does not translate into a specific day with a spike in divorce filings. The decision to divorce is complex, influenced by personal, seasonal, and external factors, and is rarely taken impulsively or confined to a single day.

Seasonal Trends and Personal Decisions

While there is an observable rise in divorce enquiries in January, attributed to the reflection and family time during the holidays, it’s part of a gradual increase rather than a one-day event. Other times of the year, such as post-summer holidays and the end of the financial year in April, also see a rise in divorce enquiries. These patterns highlight that the decision to divorce is deeply personal, influenced by a range of factors, and cannot be pinned down to a specific day or season.

The Influence of External Factors

Economic conditions, changes in divorce laws, and societal attitudes towards marriage and divorce also play a significant role in when couples decide to divorce. These factors can cause fluctuations in divorce rates and timings, further dispelling the notion of a ‘Divorce Day‘.

BBC article of divorce day

Seeking Professional Guidance

Navigating the complexities of a divorce can be challenging and emotionally taxing. It’s crucial to seek professional legal advice to understand your rights and options. OLS Solicitors, with their expertise in family law, offer comprehensive guidance and support throughout the divorce process. They understand that every situation is unique and provide personalised advice to meet individual needs.

Take the Next Step with OLS Solicitors

If you are considering divorce or need advice on family law matters, don’t hesitate to contact OLS Solicitors. Their team of experienced solicitors can provide you with the support and guidance you need during this difficult time. Reach out to OLS Solicitors for a consultation to discuss your specific circumstances and explore the best way forward.

Wrapping up

The narrative of a ‘Divorce Day’ simplifies a complex and personal decision. Understanding that divorce is a process influenced by various factors throughout the year is crucial. If you find yourself contemplating divorce, seeking professional advice is a vital step. Contact OLS Solicitors for expert legal guidance and support, ensuring that you navigate this challenging time with the best possible assistance.

Request A Free Callback

Why Ignoring Pensions in Divorce Can Be Costly

Posted on 30 November 202330 November 2023 by Isabel Gillman

OLS Solicitors Blog

Why Ignoring Pensions in Divorce Can Be Costly

By Isabel Gillman on November 30, 2023

why 33% of people do not include pensions in divorce

The Overlooked Asset: Why Ignoring Pensions in Divorce Can Be Costly

Divorce is a complex and emotional process, and it’s common for couples to focus on the immediate issues at hand, such as property division and custody arrangements. However, a startling fact has emerged that underscores a significant oversight in many divorce proceedings: 33% of couples did not obtain a financial order and in 2022, 67% of divorcing couples omitted pensions from their divorce settlements.

The Underestimated Value of Pensions

Pensions are often one of the most valuable assets in a marriage, yet they are frequently overlooked or undervalued during divorce negotiations. This oversight can lead to significant financial disparities, especially for the spouse who might have taken career breaks or worked part-time to care for family, thus accumulating less in their pension.

The Long-term Impact of Neglecting Pensions

The consequences of not addressing pensions in a divorce can be far-reaching. For many, pensions are a key component of retirement planning. Ignoring this asset can result in an unfair division of resources, potentially impacting one’s financial security in later years.

Why Are Pensions Often Overlooked?

1. Complexity: Understanding and valuing pensions can be complex. Many couples, and sometimes even legal advisors, may not fully grasp how to approach this issue.

2. Immediate Concerns: Couples often prioritise immediate assets like homes or savings accounts, overlooking long-term considerations like pensions.

3. Lack of Awareness: There’s a general lack of awareness about the importance of including pensions in financial settlements.

The Importance of Obtaining a Financial Order

A financial order legally separates the financial affairs of a couple, ensuring a fair distribution of assets, including pensions. Without this, either party can make financial claims in the future, leading to legal complications and potential financial loss.

Case Studies: The Cost of Neglect

Consider the stories of those who learned the hard way. John, for instance, neglected to claim a share of his ex-wife’s pension. Years later, he faced financial struggles in retirement, while his ex-wife enjoyed a comfortable pension income. Similarly, Sarah overlooked her entitled share of her husband’s pension, focusing only on immediate assets, which later affected her retirement plans.

Steps to Protect Your Interests

1. Seek Professional Advice: Consult with a financial advisor or a solicitor who specialises in divorce to understand the value of pensions in your case.

2. Insist on a Financial Order:Ensure that all assets, including pensions, are accounted for in the divorce settlement.

3. Educate Yourself:Understand the types of pensions involved and how they can be divided or shared.

Don’t Leave Your Future to Chance

The data is clear: neglecting pensions in divorce can have lasting consequences. As part of a balanced approach to divorce settlements, it’s crucial to consider all assets, especially pensions, to safeguard your financial future. Don’t be part of the statistic; ensure your peace of mind by addressing every aspect of your shared assets, for a fair and secure tomorrow.

This article aims to raise awareness and encourage thoughtful consideration of all assets during divorce proceedings. If you would like bespoke advice about the topic of this article please contact one of our team.

Request A Free Callback

OLS Solicitors: Premier Divorce Lawyers for Celebrities and High-Profile Clients

Posted on 29 November 202330 November 2023 by Lara Davies

OLS Solicitors Blog

OLS Solicitors: Premier Divorce Lawyers for Celebrities and High-Profile Clients

By Lara Davies on November 29, 2023

OLS Solicitors: Premier Divorce Lawyers for Celebrities and High-Profile Clients

Discreet Divorce Legal Services for Public Figures

At OLS Solicitors, we specialise in offering tailored legal solutions for celebrities and high-profile clients undergoing divorce and separation. Our firm is known for its commitment to privacy, having acted for a number of very high profile individuals, making us a sensible choice for those seeking confidentiality in sensitive matters.

Expert Legal Representation for High-Profile Divorce Cases

Bespoke Strategies for Unique Challenges: Our experienced team excels in managing divorce cases for public figures, ensuring personalised strategies that cater to your specific needs and can work with your team to ensure maximum confidentiality or exposure if required.

Ensuring Maximum Confidentiality and Discretion

Your Privacy is Our Concern: We prioritise your privacy, keeping the details of your case confidential and secure from public exposure.

The Strategic Advantage of a Regional Law Firm

Avoiding the Public Eye in London: Choosing our regional firm over a London-based counterpart reduces media attention, offering a more discreet legal experience while maintaining top-tier legal advice.

Personalised Legal Services for Emotional Support

A Supportive and Empathetic Approach: We understand the emotional impact of divorce and offer a caring and supportive service, tailored to each client’s individual needs.

Comprehensive Legal Solutions for Complex Divorce Issues

Covering All Aspects of Divorce Law: From financial settlements to custody arrangements, we provide comprehensive legal support, ensuring decisions are made in your best interest.

Choose OLS Solicitors for Confidential and Professional Legal Assistance

OLS Solicitors stands out as the optimal choice for celebrities and high-profile individuals seeking a private and professional divorce. Our regional presence, combined with our expertise in handling sensitive cases, guarantees a discreet and effective legal process.

Contact our Director Lara Davies for a discreet chat today.