FAMILY NEWSLETTER JANUARY 2017

Welcome, on behalf of

left

Thursfields I would like to

relationship ends.

wish you A Happy New

It

Year. 2017 is likely to offer uncertainty to both businesses and families with the unknown consequences

financially

is

vulnerable

important

that

when

these

their

couples

understand their legal position and options available to protect their assets.

of Brexit and our “divorce” from the

Cohabitation Agreements- What are they

European

and what can be included?

Union.

January

is

often

considered as a time that some couples who

are

having

difficulties

in

their

relationships consider what options they have available to them. This quarters’ newsletter

offers some advice about

instructing a solicitor and an up date from our Family Law team to include the “no fault” divorce.

Cohabitation Agreements

cohabitation. They allow a couple to record the arrangements and set out points such as: • How a property is owned and what

Statistics reveal that there are now over 3.3million cohabiting couples in the UK. there of

remains the

the parties stop living together; • Ownership of cars, jewellery and other

Figures published by the Office of National

misconception

into by a couple at the start of or during

should happen to that property should

__________________________________

However,

Cohabitation Agreements can be entered

a

common

‘Common

Law

Marriage’ and the idea that couples living together gain the same financial rights as married couples should their relationship end. In reality, this is not the case and often parties in long relationships can be

chattels; • What should happen if one co-owner wants to sell the property and the other does not; • Whether

one

party

will

financially

support the other during or after cohabitation, e.g. through maintenance payments; and • Who is to pay the mortgage and household expenses?

1

What are the benefits?

Currently, under UK law, a couple wishing

• An Agreement can record a cohabiting couple’s ownership of a property in order to avoid a dispute as to the shares each party is entitled to. By avoiding a dispute the parties can avoid

to commence divorce proceedings must have been married for at least a year and the relationship permanently broken down. Further, one of the five grounds for separation below must be replied upon:

large litigation costs and lengthy delays

1. Unreasonable behaviour

should their relationship break down;

2. Adultery

• Helping an individual to preserve their

3. The parties have lived apart for two

assets by recording their interest in an

years (consent of the other party is

asset;

required)

• Helping to provide protection to a party

4. The parties have lived apart for five

by ensuring that they will receive

years (consent of the other party is

financial support from the other upon a

not required)

relationship breakdown; and

5. Desertion by the other party.

• Allowing couples to consider issues regarding ownership at a time when

Grounds 3 – 5 above do not require fault to

their relationship is harmonious and

be established however, many couples

when

are not in a position to wait until the

it

is

easier

to

reach

an

agreement.

required

time

lapse

to

commence

proceedings. As such, around 60% of If you are considering moving in with a

divorce

partner or are already cohabiting and you

behaviour and adultery as grounds for

would like further information and advice

separation. By doing so, one party must

regarding Cohabitation Agreements then

be at fault for the divorce. According to

please contact Alexandra Mansfield.

Resolution

members,

necessarily

because

_________________________________

No-fault divorce

petitions

cite

unreasonable

this either

is

not party

specifically wants to blame the other, but because the family want to achieve

Following pressure placed on the UK

financial certainty and/or cannot afford to

Government to introduce ‘no-fault divorce’

put their lives on hold.

into UK legislation, the No-Fault Divorce

Bill 2015-16 has reached a conclusion. The Bill which would have seen the removal of fault in divorce proceedings will not continue through Parliament at this time and has ended at the second reading.

In recent years, the Matrimonial Causes Act 1973 which governs divorce in the UK has been called into question over its need for modernisation, with Senior Family Law Judges noting that the time for allocating blame for the failure of a marriage has 2

now passed. Countries such as America

So what causes could be held responsible

and

for the modern 21st century divorce?

Spain

divorces,

already reducing

operate the

no-fault

need

for

confrontation and the apportionment of blame in what is typically a difficult time for families

facing

the

breakdown

of

a

relationship.

In an ever changing world with such significant advances in IT, mobile devices are a permanent fixture and many of us wouldn’t attempt to leave the house without having our mobiles with us. We all

Despite the set back in reforming the

now appear to live much busier lives,

current law, Resolution are continuing to

working longer hours and in consequence

lobby the issue with a hope of introducing

we all seem to be working harder to

no-fault divorce into UK legislation in the

achieve

future. However whilst this good work

balance. Whilst some of us achieve this

continues, obtaining a divorce does not

with

need to be solely about blame and fault.

insurmountable

Thursfields’ lawyers work with clients to

grow giving rise to an ever increasing

offer a sensible approach to divorce, with

wedge between our loved ones often

the aim of reducing conflict and bringing

resulting in separation.

divorce proceedings to a swift and timely conclusion.

the

flying

home-life colours,

and

for

pressure

work-life

others

the

continues

to

That being said you wouldn’t necessarily draw this conclusion if the only source of

To make an appointment to speak with a solicitor about divorce, please contact Charlotte Perry.

evidence available was what is contained on social media sites. In November 2016 it was reported that

__________________________________

Social media and divorce in 21st century

97% of online adults aged between 16 and 64 said that they had used or visited a social network site within the last month. The statistics showed that people were

The Office of National Statistics reported a

most likely to use social media sites to

decrease in Divorce Statistics in 2014

keep up with friends, fill time or catch up

(including both Divorce and Annulments)

on the news.

when compared with 2013. It was reported that divorces were highest among men aged between 45 and 49 and women aged between 40 and 44.

For many of us using social media, such as Twitter and Facebook, forms part of our daily life and we no longer think twice about

‘checking

in’

to

confirm

our

Historically and more closely to home,

Facebook status and sharing our life with

Birmingham

the world at large with one click of a button

was

once

‘Divorce Capital of Britain’!

branded

the

not to mentioned the endless ‘likes’, 3

‘dislikes’ and ‘comments’ which are posted in response to comments, articles and photos which our fellow Facebook users ‘share’. Divorce Lawyers are increasingly saying

________________________________

How do I get the best out of my solicitor? The first meeting

that the pressure which families appear to be under to ‘keep up’ with their fellow face

Always have your ID with you to include

book bloggers known as ‘Facebragging’

two forms of ID, one with a photograph

could be a reason for the modern 21st

and one confirming your address;

century divorce. The endless ‘posts’ of comments, photos and video footage depicting what could only be described as the ‘perfect and Idyllic family life’ continues to engulf social media such as Facebook, when the harsh reality is often far from the artificial ‘picture perfect family’.

• Have available dates and addresses including dates of birth; • Have available details of:• Savings • Property

ownership

approximate values and amounts of mortgage outstanding.

It would seem that unrealistic expectations

• Income details

are often set which are unachievable. This

• Pension details.

can be one of the consequential factors leading to greater pressure culminating in more

couples

separating

including

and

subsequently divorcing. Yet when we hear of such couples separating, our response is often one of genuine disbelief, as after all, they looked to have the picture perfect family life according to their Facebook

Please note that you should not bring with you any personal documents belonging to your spouse as your solicitor will not be able to even look at these. These documents have to be returned uncopied to your spouse. Do not be scared of your solicitor

profile! Your solicitor will guide you through all the For more information please contact Kelly

details that they require.

Pougher who has extensive knowledge on

intimidated by your solicitor and always

divorce and separation matters and is

ask whatever questions you consider

based at our Solihull Office.

appropriate, no matter if you think that it is

Never feel

a silly question, as every question is sensible

to

ensure

that

you

fully

understand the advice that you are being given. Your solicitor is aware that you are going through an extremely emotional 4

period in your life and that sometimes the

Thursfields’ offer a 30 minute free of

solicitor will need to repeat the advice to

charge first appointment and fixed fees for

help you.

undefended divorce proceedings.

Costs

If you require advice in this area please

Following your first meeting your solicitor

contact Pam Arrowsmith.

will send to you a letter often referred to as a “terms of business” letter or a “client care” letter confirming the advice that you have been given and the costs estimate. You should always discuss with your solicitor your estimated costs from the first meeting onwards. How to keep your costs down Always be organised with your paperwork for your solicitor. If you are due to telephone or email your solicitor do so only once in any one day and deal with all of the queries and issues grouped together. This will save time and costs as your solicitor will charge you for each telephone or email whether received or made. When your solicitor asks you for detailed instructions, it is best to write down as much as you can and send this to your solicitor, rather than telephoning your solicitor and reciting the details over the phone as your solicitor will charge you for all of the time on the telephone. Always be prompt in answering questions raised by your solicitor so that they do not have to contact you by telephone, email or letter to remind you that they are still

Contact details Shane Miller, Director E: [email protected] T: 01562 512428 Alexandra Mansfield, Solicitor E: [email protected] T: 0121 227 3869 Pam Arrowsmith, Solicitor E: [email protected] T: 0121 227 3850 Kelly Pougher, Associate Solicitor E: [email protected] T: 0121 624 4000 Charlotte Perry, Trainee Solicitor E: [email protected] T: 01562 512428 For more information on the services we provide, please visit Thursfields’ website at: http://www.thursfields.co.uk/what-wedo/individual/family-law/ Or contact your local office: Kidderminster Tel: 01562 820575 Worcester Tel: 01905 730450 Stourport Tel: 01299 827517 Halesowen Tel: 0121 227 3850 Sedgley Tel: 01902 904060 Birmingham Tel: 0121 231 3230 Solihull Tel: 0121 624 4000

waiting for your instructions. 5