Successful Strategies for Co-Parenting After Divorce in England and Wales

Posted on 25 April 2023 by Lara Davies

OLS Solicitors Blog

Successful Strategies for Co-Parenting After Divorce in England and Wales

By Lara Davies on April 25, 2023

mum and dad learning how to co parent after splitting up

Divorce is a life-changing event that can be emotionally challenging for all parties involved. It is especially difficult when children are involved. In England and Wales, co-parenting after divorce can be a daunting experience, but with the right mindset and strategies, it is possible to make it work.

Effective communication is the foundation for successful co-parenting. It is essential that both parents communicate openly and honestly with each other about their children’s needs, routines, and schedules. Parents should establish clear lines of communication and keep the children’s best interests in mind when making decisions. This can help avoid misunderstandings and conflicts, and create a positive co-parenting relationship.

Flexibility is also crucial in co-parenting after divorce. Schedules and routines change, and both parents need to be accommodating to each other’s needs. Being flexible allows parents to work together to make the necessary adjustments to ensure that their children’s needs are met. This can include adjusting visitation schedules, sharing responsibilities, and accommodating each other’s work or personal schedules.

Respect is another important aspect of successful co-parenting. Despite the divorce, both parents should treat each other with respect. Children should not be put in the middle of their parents’ conflicts. Both parents should refrain from speaking negatively about each other in front of their children. Treating each other with respect can help establish a positive co-parenting relationship and create a stable environment for the children.

In addition to these strategies, there are other practical steps that parents can take to facilitate successful co-parenting after divorce. These include:

Establishing consistent rules and expectations across both households
Providing consistent discipline and consequences for misbehavior
Encouraging regular communication between the children and both parents
Being supportive of the children’s relationships with extended family members

Successful co-parenting after divorce requires a willingness to work together and prioritize the well-being of the children. It is important to remember that the children should not be put in the middle of their parents’ conflicts. Both parents should focus on creating a stable, loving environment for their children, regardless of their own personal differences.

In some cases, parents may benefit from seeking professional support to help navigate the challenges of co-parenting after divorce. Family mediation or counselling can provide a neutral space for both parents to discuss their concerns and work towards finding solutions that are in the best interests of their children.

In conclusion, co-parenting after divorce in England and Wales can be a challenging experience, but it is possible to make it work. Effective communication, flexibility, and respect are essential in creating a positive co-parenting relationship. Parents should focus on creating a stable, loving environment for their children and prioritizing their well-being above all else. With the right mindset and strategies, co-parenting after divorce can be a successful and rewarding experience for both parents and children alike.

Request A Free Callback

How to Choose the Right Family Law Solicitor for you

Posted on 24 April 202314 June 2023 by Lara Davies

OLS Solicitors Blog

How to Choose the Right Family Law Solicitor for you

By Lara Davies on April 24, 2023

Thinking businessman working sitting at desk, mature adult boss in business suit and beard looking at laptop screen thinking about financial investment decisions inside office

When it comes to family law cases, choosing the right solicitor can make all the difference. Family law cases are often emotional and sensitive, and it is crucial to find a solicitor who is not only professional but also empathetic. In this article, we will explore the essential factors to consider and the questions to ask when choosing a family law solicitor.

Factors to Consider When Choosing a Family Law Solicitor

Specialisation is key when it comes to choosing a family law solicitor. Family law is a complex area of law, and it is essential to choose a person who specializes in this field. A specialised solicitor will have the experience and knowledge required to handle your case effectively. You may also want to consider their experience in dealing with cases similar to yours.

Reputation is another important factor to consider. Look for someone with a good reputation in the legal community. You can check their reviews online or ask for referrals from friends or family members who have gone through a similar situation. A reputable solicitor will have positive reviews and testimonials from their clients.

Communication is crucial in any legal case, and family law cases are no exception. You want a solicitor who will keep you informed throughout the process and communicate with you in a way that you understand. Make sure to choose a solicitor who is responsive to your calls and emails.

Fees are also an important consideration. Before hiring a family law solicitor, make sure that their fees are transparent and that you understand how they are structured. You don’t want any surprises down the line, so it is important to discuss fees upfront.

Questions to Ask Before Hiring a Family Law Solicitor

Before hiring a family law solicitor, it is essential to ask the right questions. Here are some of the questions that you should ask:

What is your experience in family law, particularly in cases like mine?
How do you communicate with your clients, and how often will you update me on my case?
What are your fees, and how are they structured?
How do you approach negotiations or litigation, and what is your success rate?
What is your availability, and how quickly can I expect a response from you?
By asking these questions, you can gain a better understanding of the solicitor’s experience, communication style, fees, and approach to negotiations or litigation. You can also get a sense of their availability and responsiveness.

Choosing the right person is a crucial decision that can significantly impact the outcome of your case. When choosing them, consider their specialisation, reputation, communication style, and fees. Don’t be afraid to ask questions and take the time to find a solicitor who will work effectively and empathetically on your case. With the right person, you can have peace of mind knowing that your case is in good hands.

Request A Free Callback

Understanding divorce law when it comes to finances

Posted on 24 April 202324 April 2023 by Isabel Gillman

OLS Solicitors Blog

Understanding divorce law when it comes to finances

By Isabel Gillman on April 24, 2023

image of female lawyer discussing finances

Understanding Divorce Law Finances

Divorce is always a difficult process, and it can be made even more complicated when finances need to be taken into account. In England and Wales, financial disputes arising from divorce are dealt with by the family court under the Matrimonial Causes Act 1973. The court’s role is to ensure that both parties are financially supported after the marriage has ended, taking into account a wide range of factors. In this article, we’ll look at the criteria the court uses in financial disputes, the factors considered in financial settlements, and the court-ordered financial remedies that can be applied in divorce cases.

Financial Disputes: The Court’s Criteria

When a marriage ends, the court will seek to ensure that both parties are financially supported going forward. In order to do this, the court will look at a number of factors, including the parties’ income, earning capacity, property and other assets, and financial needs (including any childcare costs). The court will also consider the length of the marriage, the parties’ ages and health, and their contributions to the marriage, both financial and non-financial.

Factors Considered in Financial Settlements

When considering a financial settlement, the court will take into account a number of factors, including the parties’ income, earning capacity, and property and other assets. The court will also consider the parties’ financial needs, including any childcare costs, and will take into account the length of the marriage, the parties’ ages and health, and their contributions to the marriage, both financial and non-financial.

The court will also consider any financial agreements that may have been made between the parties before, during, or after the marriage, such as prenuptial agreements or separation agreements. However, the court is not bound by these agreements, and may depart from them if it is considered necessary to do so in order to achieve a fair outcome.

Court-Ordered Financial Remedies in Divorce Cases

If the court determines that a financial settlement is necessary, it may order a range of financial remedies, including lump sum payments, property transfers, maintenance payments, and pension sharing. The court may also order one party to pay the other’s legal costs, if it is considered appropriate to do so.

It is worth noting that the court’s priority is always to achieve a fair outcome for both parties, rather than to punish or reward either party. The court will seek to achieve a clean break wherever possible, but will also consider ongoing financial support where necessary.

===

Divorce is never an easy process, but understanding the court’s criteria for financial settlements can help to make it less daunting. By taking into account a wide range of factors, the court seeks to ensure that both parties are financially supported going forward, while also achieving a fair outcome for both. If you are going through a divorce and have concerns about financial disputes, it is always advisable to seek the advice of a family law specialist.

Request A Free Callback

Why Collaborative Law is Gaining Popularity in Family Law Cases

Posted on 15 April 202314 April 2023 by Isabel Gillman

OLS Solicitors Blog

Why Collaborative Law is Gaining Popularity in Family Law Cases

By Isabel Gillman on April 15, 2023

collaborative law written on the keyboard button

Family law cases are often emotionally charged and can take a toll on individuals involved. Traditional approaches to family law cases, such as litigation, often exacerbate these emotions and lead to a prolonged and costly resolution. Collaborative law, on the other hand, offers a new perspective in family law that prioritizes a cooperative and respectful approach to resolving disputes. In this article, we will explore why collaborative law is gaining popularity in family cases and how it can benefit families going through a difficult time.

Collaborative Law: A New Perspective in Family Law

Collaborative law is a non-adversarial approach to family law that emphasizes cooperation and negotiation in resolving disputes. In this approach, both parties agree to work together with their respective lawyers to reach a mutually beneficial outcome. The process involves a series of meetings where parties discuss their concerns and goals in a respectful and open manner. Collaborative law is founded on the principles of transparency, respect, and cooperation, and the parties commit to working together to achieve a solution that is in the best interest of all involved.

Collaborative law can be used to resolve a wide range of family law disputes, including divorce, child custody, property division, and spousal support. In this approach, parties are encouraged to communicate openly and honestly, and to share information freely. Collaborative law recognizes that each party has unique needs and concerns, and aims to address them in a way that is fair and respectful. This approach can be especially beneficial for families with children, as it allows parents to work together to create a parenting plan that is tailored to the needs of their children.

Why Collaborative Law is Gaining Popularity in Family Cases

Collaborative law is becoming increasingly popular in family cases for several reasons. Firstly, it provides an opportunity for parties to maintain control over the outcome of their dispute. In traditional litigation, the court ultimately makes the decision, which may not be satisfactory to either party. In contrast, collaborative law allows parties to work together to create a solution that meets their unique needs and concerns.

Secondly, collaborative law is often faster and less expensive than traditional litigation. In traditional litigation, parties may spend months or even years in court, resulting in high legal fees and emotional stress. In contrast, collaborative law aims to reach a resolution in a timely and cost-effective manner, reducing the financial and emotional strain on parties.

Finally, collaborative law promotes a more amicable relationship between parties, which can be especially important in cases involving children. By prioritizing cooperation and respect, collaborative law can help parties maintain a positive relationship, which can be beneficial for co-parenting and future interactions.

What is collaborative law from Resolution offers a new perspective in family law that prioritizes cooperation, respect, and negotiation. By working together to create a mutually beneficial solution, parties can maintain control over the outcome of their dispute, reduce legal fees and emotional stress, and promote a positive relationship between parties. If you are considering a family law case, we encourage you to explore the possibilities of collaborative law and how it can benefit you and your family.

Request A Free Callback

COVID-19 Creates Unprecedented Challenges for Family Law Cases

Posted on 14 April 2023 by Mark Keenan

OLS Solicitors Blog

COVID-19 Creates Unprecedented Challenges for Family Law Cases

By Mark Keenan on April 14, 2023

Court legal gavel and facemask -- Coronavirus mask mandate conce

The COVID-19 pandemic has undoubtedly had a significant impact on many aspects of our lives, including the legal system. In England and Wales, family law cases have been particularly affected by the pandemic. With courts forced to close their doors at the height of the outbreak, family law proceedings were brought to a standstill. Even as courts have begun to reopen, they face unprecedented challenges in conducting hearings and making decisions that affect the lives of families across the country.

COVID-19 Creates Unprecedented Challenges for Family Law Cases

The pandemic has created a number of challenges for family law cases in England and Wales. Perhaps the most significant is the backlog of cases that built up during the lockdown. According to the Law Society, family courts were dealing with a backlog of over 40,000 cases by the summer. This has put significant pressure on an already stretched system, with many cases facing significant delays.

Another challenge is the impact of the pandemic on legal aid. With the economic impact of COVID-19 hitting many families hard, more people are turning to legal aid to access justice. However, the Legal Aid Agency has been struggling to cope with the surge in demand. This has meant that many families have had to wait longer to access legal support, further exacerbating the delays in family law cases.

Virtual Hearings and Delays: How the Pandemic is Affecting Family Law Proceedings

To try to address the challenges posed by the pandemic, family courts in England and Wales have introduced virtual hearings. This has allowed cases to proceed without the need for parties to attend court in person. However, while virtual hearings have helped to keep cases moving, they have also created new challenges. For example, some parties may struggle to access the technology needed to participate in a virtual hearing, such as a reliable internet connection.

Virtual hearings have also led to delays in some cases. This is because some hearings are not suitable for virtual proceedings, such as those involving vulnerable parties or complex evidence. In these cases, parties may need to wait longer for an in-person hearing, leading to further delays.

The impact of COVID-19 on family law cases in England and Wales has been significant. While virtual hearings have helped to keep cases moving, delays continue to be a major issue. As we moveout of the pandemic, it is hoped that courts will be able to find new ways to address these challenges and ensure that families can access justice in a timely manner.

Request A Free Callback

The Benefits of Mediation in Family Law Cases

Posted on 12 April 202314 April 2023 by Mark Keenan

OLS Solicitors Blog

The Benefits of Mediation in Family Law Cases

By Mark Keenan on April 12, 2023

When it comes to resolving disputes in family law cases, there are various methods to choose from, such as litigation through court or arbitration. However, mediation has emerged as a popular alternative to these more traditional routes. In this article, we will discuss the benefits of using mediation in family law cases and why it should be considered as a method of dispute resolution.

The Advantages of Using Mediation in Family Law Cases

Cost-Effective

One of the main benefits of using mediation in family law cases is that it is more cost-effective than traditional litigation. Mediation is usually less expensive because it requires fewer formal proceedings and legal fees. Additionally, mediation can often be completed more quickly than litigation, which means you can save time and money in the long run.

Confidentiality

Another advantage of mediation is the fact that it is confidential. Unlike court proceedings, where everything is public record, mediation is a private and confidential process. This means that any discussions or agreements made during mediation cannot be used against you in court. This can be especially important in sensitive cases involving children, where confidentiality is key.

Control

Mediation gives parties more control over the outcome of their case. In mediation, the parties work together to come up with a mutually agreeable solution. This is in contrast to litigation, where a judge makes a decision that may not be satisfactory to either party. By working collaboratively in mediation, parties can often come up with creative solutions that are tailored to their specific needs and circumstances.

Why Mediation Should Be Considered for Resolving Family Law Disputes

Preservation of Relationships

Family law disputes can be emotionally charged and can often strain relationships. However, mediation is a collaborative process that can help preserve relationships. By working together to come up with a solution, parties can often maintain a better relationship with each other than if they went through the adversarial court process.

Flexibility

Mediation is a flexible process that can be customized to the needs of the parties. Mediation sessions can be scheduled at a time and place that is convenient for the parties, which can be particularly helpful for parties with busy schedules. Additionally, parties can choose to bring in outside experts or advisors to help inform the mediation process.

Compliance

Finally, mediation agreements are often more likely to be complied with than court orders. This is because mediation agreements are typically more personalised and tailored to the specific needs of the parties. Additionally, because the parties have worked collaboratively to come up with a solution, they are often more invested in complying with the agreement than if a judge had simply handed down a decision.

In conclusion, mediation can be an effective method of resolving family law disputes. By offering cost-effective, confidential, and collaborative solutions, mediation can help parties reach mutually agreeable solutions that are tailored to their specific needs and circumstances. If you are involved in a family law dispute, it may be worth considering mediation as an alternative to traditional litigation.

If you would like to consider mediation we have partnered with a national mediation service that can cover the whole of England and Wales. For most couples all or part of the mediation will be covered by Government mediation voucher scheme.

Request A Free Callback

The Importance of Accurate Valuation in Pension Sharing During Divorce

Posted on 6 April 20236 April 2023 by Lara Davies

OLS Solicitors Blog

The Importance of Accurate Valuation in Pension Sharing During Divorce

By Lara Davies on April 6, 2023

Divorce proceedings can be complex, particularly when it comes to dividing assets such as pensions. Pension sharing is an essential aspect of divorce proceedings, ensuring that both parties receive a fair share of the pension assets. In this blog post, we discuss how pension sharing works, how the pension credit is valued, and why an actuarial valuation is better than a basic Cash Equivalent Transfer Value (CETV).

How Pension Sharing Works

Pension sharing involves dividing the pension assets between the divorcing parties, allowing each party to have a share of the pension. In the UK, this is typically done through a Pension Sharing Order, which specifies how the pension assets are to be divided. The order includes details such as how much of the pension is to be shared and how this will be implemented.

Valuing the Pension Credit

When it comes to valuing the pension credit that is to be shared, there are two main methods that are used: a basic CETV or an actuarial valuation. While a basic CETV can provide a quick estimate of the value of the pension assets, it may not always be the most accurate way of valuing the pension. An actuarial valuation, on the other hand, takes into account a range of factors such as investment returns, inflation, and the expected lifespan of the pension holder. This method provides a more accurate picture of the value of the pension assets and can be particularly useful for pensions that are expected to grow significantly in the future.

Why an Actuarial Valuation is Better

An actuarial valuation is often the most accurate method to ensure that the pension assets are divided fairly. It takes into account a range of factors that affect the value of the pension assets, such as investment returns and inflation. This method provides a more accurate picture of the value of the pension assets and can be particularly useful for pensions that are expected to grow significantly in the future.

Seeking Professional Advice

Pensions are often one of the most significant assets that couples have, particularly if one or both parties have a high-paying job. As such, it’s crucial to seek professional advice from an experienced actuary or financial planner to ensure that the pension assets are valued accurately and fairly. An actuary can also provide guidance on how to split the pension assets in a way that is most advantageous to both parties, taking into account factors such as tax implications and long-term financial planning.

Conclusion

Pension sharing is an essential aspect of divorce proceedings, ensuring that both parties receive a fair share of the pension assets. An actuarial valuation is often the most accurate method to ensure that the pension assets are divided fairly. Seeking professional advice from an experienced actuary or financial planner can help ensure that the pension assets are valued accurately and fairly, and that the division of these assets is in the best interests of both parties.

Request A Free Callback

How OLS solicitors try to avoid you having to go to court

Posted on 6 April 20236 April 2023 by Mark Keenan

OLS Solicitors Blog

How OLS solicitors try to avoid you having to go to court

By Mark Keenan on April 6, 2023

Lawyers shake hands with business people to seal a deal with par

At OLS Solicitors, we know that family law solicitors are often unfairly portrayed in the media. We understand that some people believe that solicitors are only interested in making money and prolonging cases. However, this couldn’t be further from the truth. In reality, family law solicitors have a duty to try and settle cases wherever possible.

Our experienced solicitors are trained to find solutions that work for both parties, and we believe that negotiating a settlement outside of court is almost always the best option. Going to court can be a long and expensive process, and it can be unpredictable in terms of the outcome. That’s why we always encourage our clients to explore alternative dispute resolution (ADR) options, such as mediation or collaborative law.

We understand that divorce can be a difficult and emotional time, and we believe that it’s our duty to help our clients navigate the process as smoothly as possible. Our team of friendly and approachable solicitors will work closely with you to understand your unique situation and find the best solution for your needs.

At OLS Solicitors, we take a client-focused approach to family law. We believe that our clients should be at the center of every decision we make. We are committed to providing a high level of service that meets the unique needs of each of our clients.

In conclusion, family law solicitors are often portrayed unfairly in the media, but we are dedicated to helping our clients find a solution that works for them.

We have a duty to try and settle cases wherever possible, and we will work tirelessly to make sure our clients are satisfied with the outcome. If you’re going through a divorce and need help negotiating a financial settlement, don’t hesitate to contact us at OLS Solicitors. We’re here to help you through this challenging time and make sure you come out the other side with a fair and equitable settlement.

Request A Free Callback

The pitfalls of not sorting out your finances before filing a divorce in England and Wales

Posted on 6 April 202324 April 2023 by Isabel Gillman

OLS Solicitors Blog

The pitfalls of not sorting out your finances before filing a divorce in England and Wales

By Isabel Gillman on April 6, 2023

The benefits of mediation in family law cases

Going through a divorce can be an incredibly stressful and emotional experience. However, it’s important not to overlook the financial aspects of divorce, especially in England and Wales, where the courts have wide discretion in how to divide marital assets. Failing to sort out your finances before filing for divorce can lead to a range of pitfalls that can have long-lasting financial consequences.

One of the most significant financial pitfalls of not sorting out your finances before divorce is the potential loss of your pension. In England and Wales, pensions are considered a marital asset and can be subject to division upon divorce. However, if the pension is not properly valued or divided, it can result in significant financial loss to one or both parties.

Pension specialists advise that the best way to protect your pension in a divorce is to seek advice from a qualified financial advisor or pension specialist early on in the process. A specialist can help you to understand the options available to you and can guide you through the process of valuing and dividing the pension. Failing to properly value or divide the pension can lead to future financial difficulties.

Another common pitfall of not sorting out finances before filing for divorce is the failure to disclose all assets. In England and Wales, both parties have a legal duty to provide full and frank disclosure of all assets and liabilities. If one party fails to disclose an asset, it can result in the court setting aside the divorce settlement, which can be costly and time-consuming.

It’s essential to seek legal advice and to be transparent about all assets, including investments, savings, property, and inheritances, to ensure that the division of assets is fair and equitable. Failure to disclose all assets can lead to financial losses and can prolong the divorce process.

Another pitfall of not sorting out finances before divorce is the risk of being stuck with a mortgage or other debts. Joint debts, such as mortgages, loans, and credit card debts, can be a significant financial burden, especially if one party is unable to take over the debt or refinance it on their own.

It’s important to seek advice from a financial advisor or mortgage broker to determine how best to handle joint debts in a divorce. In some cases, it may be possible to refinance or transfer the debt to one party. In other cases, the property may need to be sold, and the debt paid off from the proceeds. Failing to address joint debts can lead to financial losses and can prolong the divorce process.

In conclusion, sorting out your finances before filing for divorce is essential to avoid financial pitfalls that can have long-lasting consequences. Seeking advice from qualified professionals, including financial advisors, pension specialists, and legal experts, can help to ensure that the division of assets is fair and equitable and can protect your financial future. With the right guidance, it’s possible to navigate the financial aspects of divorce successfully.

References:

“Divorce and Pensions: What You Need to Know” by Andrew Pennie, Forbes Advisor, July 22, 2021

“The Importance of Disclosing All Assets in Divorce Proceedings” by Joanne Radcliffe, Solicitors Journal, May 4, 2021