5 things to consider once your divorce is finalised

Posted on 6 January 20236 January 2023 by Lucy Batstone

OLS Solicitors Blog

5 things to consider once your divorce is finalised

By Lucy Batstone on January 6, 2023

Divorce can be a difficult and emotional process, and it’s important to take care of yourself during this time. Here are five things you should do after a divorce:

Get organised: Take some time to gather all of your important documents, such as your birth certificate, passport, and financial documents. Make copies of these documents and keep them in a safe place. It’s also a good idea to update your will and any other legal documents, such as a change of name deed to reflect your current situation.

Take care of your emotional well-being: Divorce can be emotionally taxing, so it’s important to take care of yourself. Consider seeking support from friends and family, a therapist, or a support group.

Review your finances: After a divorce, you may need to make some changes to your budget and financial plan. Review your income, expenses, and debts to determine what you can afford. You may need to adjust your spending or find ways to increase your income. You may want to open a new bank account.

Create a new routine: It’s common to feel lost and uncertain after a divorce. Establishing a new routine can help to provide structure and stability. This may include setting a regular schedule for work, meals, and self-care.

Look to the future: While it’s important to take the time to process your emotions and adjust to your new situation, it’s also important to look to the future. Consider what goals you want to achieve and what steps you can take to move forward.

Divorce can be a challenging experience, but it’s important to take care of yourself and look to the future. By getting organized, taking care of your emotional well-being, reviewing your finances, creating a new routine, and looking to the future, you can begin to move forward after a divorce.

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Where can men get help in divorce proceedings?

Posted on 13 December 202230 March 2023 by Lucy Batstone

OLS Solicitors Blog

Where can men get help in divorce proceedings?

By Lucy Batstone on December 13, 2022

Are you a man going through matrimonial proceedings? Have you found it difficult to find online support and guidance that speaks to your needs? You’re not alone. Far too often, men feel left out and isolated in the midst of a divorce or other family law matter. That’s why we’re here to help.

When you search online for information about divorce, you’re likely to come across a lot of resources that focus on what wives are entitled to in a divorce. But divorce affects both men and women equally. In fact, in England and Wales in 2021, over 55,000 men were involved in divorces between opposite-sex couples. That’s why it’s crucial that men have access to the legal support they need to secure a fair and equal outcome.

At our law firm, we understand the challenges that men face during matrimonial proceedings. We’re here to provide you with the advice and guidance you need to reduce stress and anxiety and secure your rights.

Whether you’re dealing with child proceedings, domestic abuse, a divorce, or a financial matter, we’re here to help. We believe that no one should be deprived of their right to adequate legal advice because of their gender. With our expert support, you can obtain a fair and equal resolution that takes into account your unique circumstances.

We understand that men who are going through a divorce or other family law matter may feel like they’re at a disadvantage. But it’s important to know that each family is looked at individually, and with the right legal support, men can obtain the outcome they deserve. This includes securing a fair division of assets, obtaining maintenance payments, and obtaining custody or visitation rights for their children.

If you’re a man going through a divorce or other family law matter, we urge you to seek specialist advice from a family law solicitor. Don’t rely on information you find online or advice from well-meaning friends. With our support, you can navigate the complexities of matrimonial proceedings and secure your future. Contact us today to schedule a consultation and find out how we can help.

If you’re a man going through matrimonial proceedings, it’s important to know that you don’t have to go through it alone. There are many support groups and resources available that are specifically designed to help men through divorce and other family law matters. Here are a few resources you may find helpful:

The Men’s Advice Line: https://mensadviceline.org.uk/ – A confidential helpline for men who are experiencing domestic abuse or violence.

ManKind Initiative: https://www.mankind.org.uk/ – A UK-based charity that supports male victims of domestic abuse and violence.

Dad.info: https://www.dad.info/ – An online community that provides information, advice, and support for dads going through separation, divorce, or other family law matters.

OnlyDads: https://www.onlydads.org/ – A website that provides practical advice and support for dads who are raising children on their own.

CALM (Campaign Against Living Miserably): https://www.thecalmzone.net/ – A UK-based charity that provides support and resources for men who are struggling with mental health issues, including those related to divorce and separation.

Remember, seeking support is a sign of strength, not weakness. Don’t be afraid to reach out for help if you need it. With the right support, you can get through this difficult time and emerge stronger and more resilient.

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Why Pre Nups are for everyone not just the elite in society

Posted on 13 December 202230 March 2023 by Georgina Hitchins

OLS Solicitors Blog

Why Pre Nups are for everyone not just the elite in society

By Georgina Hitchins on December 13, 2022

A prenuptial agreement, also known as a premarital agreement or prenup, is a legal contract entered into by a couple before they get married. The purpose of a prenup is to establish the financial and property rights of each spouse in the event of a divorce or death.

Prenups are not just for the rich and famous elite in society. In fact, they can be beneficial for any couple who wants to protect their assets and clarify their financial responsibilities before tying the knot.

One common reason for a prenup is to protect individual assets. For example, if one spouse owns a business or has significant savings, a prenup can ensure that those assets remain separate in the event of a divorce. This can be especially important for individuals who have been through a previous divorce and want to avoid any potential disputes over property division.

Another reason for a prenup is to establish financial responsibilities during the marriage. This can include provisions for things like who will pay the bills, how much each spouse will contribute to household expenses, and whether either spouse will receive alimony in the event of a divorce.

It’s important to note that prenuptial agreements are not just for protecting individual assets. They can also be used to protect shared assets, such as a family business or real estate holdings. This can be especially important for couples who plan to merge their finances and want to clearly define each spouse’s ownership interest in shared assets.

Some people may view prenups as unromantic or unwise. However, entering into a premarital agreement can strengthen a couple’s relationship by promoting open communication and financial transparency. It can also provide peace of mind and protect both individuals in the event of a divorce or death.

It’s important to consult with a lawyer when drafting a prenuptial agreement. An experienced lawyer can help ensure that the agreement is fair and legally enforceable.

In conclusion, prenuptial agreements are not just for the wealthy. They can be beneficial for any couple who wants to protect their assets and establish their financial responsibilities before getting married. A prenup can promote open communication and financial transparency within a relationship and provide peace of mind in the event of a divorce or death.

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Joint divorce applications – How to save money and keep it amicable

Posted on 18 October 20223 November 2022 by Lucy Batstone

OLS Solicitors Blog

Joint divorce applications – How to save money and keep it amicable

By [Lucy Batstone] on October 18, 2022

It is becoming more common for separated couples to remain amicable in the lead up to and throughout divorce proceedings. Whether it is to avoid extra costs, to resolve the matter quickly, or to maintain a stable and loving environment for children, many spouses no longer want to instruct a solicitor each just to unnecessarily thrash the matter out through complex correspondence.

Typically, it would be a conflict of interest for one solicitor to act for both spouses in a divorce. However, under the new ‘No-Fault Divorce’ law, as of 6^th April 2022, couples can now jointly instruct a solicitor to assist them both throughout the process.

We understand that a marriage can irretrievably break down for many reasons, the need to apportion blame only heightens animosity, but a solicitor acting for both parties can provide reassuring guidance and encourage harmonious and conflict-free discussions and resolutions.

Previously, one party’s solicitor would not be permitted to advise the other party, meaning an unrepresented party could spend up to ninety-minutes on the phone every time they sought to obtain an update from Court. Instead, having just one solicitor who can support both parties, means that you will both receive the most accurate and up to date information and expertise, at the same time. A joint application of course also means there is no longer the need to pay separate legal fees just to receive the same updates from two different solicitors.

Enabling parties to jointly instruct a solicitor means that both parties are on a level playing field, with access to the same family law specialist. There will no longer need to be unrepresented parties overwhelmed with incoming legal paperwork, a jointly appointed solicitor can handle the legal jargon and court process for you.

The Court fees for filing a divorce can also be burdensome, but by filing a joint application, parties can consensually agree to divide the costs between them as they see fit. This takes the onus away from a sole Applicant who would typically carry the costs throughout part, or even the entire process.

If you are unsure whether a joint application is right for you, maybe because there is a chance, albeit currently amicable, your relationship will deteriorate, we can continue to support you.

The law allows for a joint application to be switched to a sole application at certain points throughout the divorce. By having a solicitor managing the proceedings for you, means you do not have to worry if the process begins to take a toll on the relationship. If your formerly joint application needs to become a sole application, we can use our specialist knowledge to ensure the transition is a smooth as possible to reduce any undue stress and pressure, on either party.
Single Lawyer Divorce Service
OlS Solicitors have recently launched a single lawyer divorce service, named De-Couple Single Lawyer divorce service. The idea of the service is to allow couples to end their marriage and sort their finances in an amicable way, without having to resort to expensive litigation.

Using one divorce lawyer can save you an average of £2,300 each where the average divorce and settlement using two sets of lawyers is £7620.

If you want your divorce negotiations to remain amicable and non judgmental then this service will be ideal, especially where there may be substantial assets such as properties and pensions to be settled and divided.

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How to get your spouse to pay for legal representation and pay your bills in a divorce

Posted on 23 August 202225 August 2022 by Lara Davies

OLS Solicitors Blog

How to get your spouse to pay for legal representation and pay your bills in a divorce

By Lara Davies on August 23, 2022

an exploration of cohabotiation rights in England and abroad

Interim Maintenance and Legal Services Payment Orders

With the cost of living going up, our Senior Solicitor, Lara Hooper, looks at the different types of financial provisions that could help you survive your divorce and even cover some of your divorce costs.

Maintenance Pending Suit

Interim maintenance is a type of financial support paid by one spouse to another amid ongoing divorce proceedings. The aim of this is to provide immediate support to the financially weaker party until the conclusion of the financial proceedings.

Interim maintenance often takes the form of Maintenance Pending Suit, other wise shortened to “MPS”. These proceedings are most appropriate for cases where one party has, as an example, remained in the matrimonial home but the other party may have vacated and stopped contributing to the monthly expenses on the property. This often leaves the residing party at a loss and may ultimately cause them to go into debt.

In circumstances such as this, the party at a detriment can make an application at any time on or after the presentation of an application for divorce, dissolution of civil partnership, nullity, judicial separation or a civil partnership separation order.

An application notice is issued in accordance with the Family Procedure Rules 2010, SI 2010/2955, Pt 18 and is accompanied by a sworn statement explaining why the Applicant believes the MPS Order is necessary. The Statement must also set out details of the Applicant’s means, incomings and outgoings, and must be submitted to the court with a draft of the Order the Applicant is asking the Court to make. In circumstances where a Form E has already been sworn and submitted, this will often suffice as evidence of means, although it is always good practice to submit a short statement in support of the application in this scenario. The Respondent to the MPS application should file a sworn statement in response, which may include setting out their financial position, not less than seven days before the hearing (unless they have already sworn their Form E).

The court will list a hearing to determine the MPS application and, if successful, will make an award which may take the form of monthly payments or a lump sum contribution which would be effective from the date of the Order.

Legal Services Orders

Another option available to some parties is what is known as a Legal Services Order. Sections 49–54 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 introduced changes to the Matrimonial Causes Act 1973 and the Civil Partnership Act 2004 permitting the Court to order a Respondent in these types of applications make payment to the Applicant strictly limited to use towards legal costs, known as a legal services order. This type of application is available to financially weaker parties in matrimonial finance proceedings.

A leading case on Legal Services Orders is Rubin v Rubin [2014] EWHC 611 (Fam), [2014] 2 FLR 1018, where guidance was set out the making of an application for LSOs. Essentially, all LSO applications should be approached and considered with caution where the claim for relief appears doubtful. The court is unable to make an order unless it is satisfied that without the financial contribution the Application would be unable to access appropriate legal advice.

In considering LSO applications, the court will give consideration to whether the Applicant is able to source funding from alternative sources (such as a litigation loan, bank loan etc) but the court would be unlikely to expect an Applicant to sell, re-mortgage or charge their home or to deplete modest savings in order to do so.

The court will often expect to be provided with evidence that prior applications for litigation loans have been refused by reputable commercial lenders.

If an LSO is granted by the court, these can take the form of either a large one-off payment, monthly payments, payments for a certain period of time, or deferred payments. As LSOs are designed to provide for future legal costs, they are often provided up to certain key points in the proceedings, such as a Financial Dispute Resolution Appointment (where 90% of cases usually settle).

As with applications for MPS, applications for LSOs can be made at any time on or after the presentation of an application for divorce, dissolution of civil partnership, nullity, judicial separation or a civil partnership separation order. A party can apply for an LSO whether they are the Applicant or Respondent in the financial proceedings.

For both MPS and LSO applications, attendance at a Mediation Information and Assessment Meeting (MIAM) is normally required prior to filing the application but there are exceptions to this requirement.

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For more information regarding contested financial proceedings and the possibility of applying for either MPS or an LSO, please contact our Llanelli office on 01554 756952 to arrange a free 15-minute appointment.

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A day in the life of Lara Davies Family Law Solicitor

Posted on 23 August 20228 November 2023 by Lara Davies

OLS Solicitors Blog

A day in the life of Lara Davies Family Law Solicitor

By Lara Davies on August 23, 2022

A day in the life of a family law solicitor.

Meet Lara Davies. She’s a member of Resolution, the family law organisation dedicated to taking a non-confrontational approach to family law. Lara worked hard to become a Resolution Accredited Specialist.

As a Senior Solicitor and Director at OLS, Lara’s day starts early. Her alarm goes off at 6am, and after taking her Cockapoo, Bryn, out for a 2-3 mile walk, she returns home to have her first coffee of the day. Lara needs at least two cups before she can function properly!

Coffee and emails

When Lara arrives at work, she greets her colleagues before heading to her office to check her emails and diary. Today is Wednesday, which means it’s Lara’s “surgery” day. She dedicates half a day a week to deal with pro bono appointments – free advice calls. Lara has six appointments in her diary for this morning, ranging from a father who hasn’t seen his children for six months, to an elderly lady looking to start the divorce process against her husband of 30 years, to a young lady who is a victim of domestic violence from her cohabiting partner and a mother who has had a visit from social services. After each appointment, Lara makes an attendance note of the advice she has given and tries to stay on top of emails.

Video conference with barrister

Later in the day, Lara catches up with a client and counsel for a video conference ahead of an FDR listed for 3pm. Since Covid, OLS’s working patterns have changed, and the technology they have allows them to be completely agile. They work from anywhere and are as present as if they were there in person. They talk the client through what will happen that day, the Position Statement they have received from the opponent, and what outcome the client can expect. Lara will not be attending the hearing, but both counsel and her client will keep her informed of how it goes.

After the conference, Lara makes another coffee, catches up with her secretary Donna, and has something quick to eat at her desk. She dictates a short tape for her secretary to work on this afternoon, which takes a little pressure off and allows her to spend time drafting in the afternoon. A client emailed overnight with additional information that he wants included in his S.25 statement, so Lara makes a start on this.

Mentoring our trainees

Later in the afternoon, Lara’s Trainee Solicitor emails with a query on a case, and they have a short Teams call to talk about options available to the client and a suitable response. Lara remembers being a Trainee and always being afraid to ask questions. OLS has an open-door policy and makes full use of each other’s specialist knowledge.

In the evening, Lara has a Teams call scheduled with a client in South Africa. Being a remote firm, they have clients all over the world with varied financial portfolios. Lara talks through the matrimonial assets and potential settlement options before agreeing on one further settlement offer that she will draft tomorrow.

No two days are ever the same, and that’s what Lara loves most about her job. She’s often double up as a counselor for most of her clients, in what is often the most stressful and upsetting time in their lives. Lara is dedicated to fighting for her clients’ best interests while bringing a sympathetic and personable approach to her practice of family law.

At OLS, we understand that family law solicitors are often portrayed negatively in the media, but in reality, we have a duty to try and settle cases. We are dedicated to providing a professional but friendly service with continued support and advice on our clients’ legal journey.