A recent poll of 4,000 parents and children revealed that 68% of parents confessed to using their children as “bargaining tools” when they separated, 19% of children said they felt used and a further 38% of children never saw their father again following separation. In light of these shocking statistics, the family lawyers at Woolley & Co Solicitors are advising parents that divorce should not become a war of attrition.
Andrew Woolley, senior partner at Woolley and Co, who can help with divorce rights and getting a divorce says, “Agreeing where the children live and when the absent parent sees them (child residence and contact) should not become a war. The most important thing is what is in the best interests of the child.
“In an ideal world, all parents would be able to sort out the arrangements for their children in an amicable and sensible way when they separate, treating each other with respect and focusing only on what they want for their children. But when a relationship breaks down emotions run high and can get in the way of this.”
Where communication between a couple has broken down there is often little possibility of the parents agreeing on anything. Parents need to try and be objective, talk to people who can help them, perhaps a family member or friend, and focus on putting their children’s needs first.
By putting aside their differences and thinking about their children’s needs, parents can provide a way forward when discussing arrangements for the children. The arrangements need to be clear, consistent and reliable for everyone involved.
An alternative to agreeing arrangements for the children between yourselves is to ask a Judge to decide. This can involve costly legal fees, a long drawn out process and further heighten the emotions.
Your divorce lawyer will be able to discuss what is appropriate in your particular case but it is generally considered to be in children’s best interests to have a relationship with both parents, whether or not they live together. The arrangements must be safe for the child with each parent supporting and encouraging their children to enjoy a positive relationship with the other parent. Parents should not expose children to continuing conflict as this can cause emotional harm.
Always consider if there is any scope for compromise. Discuss and try to agree about important things which will occur in your children’s lives such as, choice of religion, schooling and medical treatment. Try to be responsible and reasonable with the other parent. Remember, both parents need to work together for the benefit of their children, often for many years and it is therefore important to keep lines of communication open.
Mr Woolley, from the “virtual” family law firm added, “It is also important to talk to your child and listen to them. This does not mean giving them responsibility for making adult decisions but it does mean asking about their worries, what matters to them and if something is happening that they do not like.
Even living some distance apart from one of the parents does not mean the children cannot continue to have a relationship with both parents. Use can be made of the telephone, cards, letters, texts or e- mail. It is also important for children to keep in touch with other important people in their lives such as wider family members and close family friends.
Some parents may need additional support and there are a number of organisations that can help in this respect. All of our family lawyers at Woolley & Co are fully supportive and sympathetic and adopt a conciliatory and constructive approach to relationship breakdown helping parents to resolve their differences and work out the arrangements for their children. You can save time, money and heart ache by coming to a mutually agreeable arrangement over the children rather than entering a battle.
For advice on your legal rights in relation to your children contact Woolley & Co on 0800 3213832.
About Woolley & Co. Solicitors: Woolley & Co. Solicitors are family law specialists, operating throughout the UK. Their web site, http://www.family-lawfirm.co.uk, includes an extensive selection of articles covering every aspect of divorce as well as a free, downloadable in-depth guide to undergoing a divorce and overcoming any unseen complications that may arise. Take a look at the firm’s new Divorce Myths website and you can now also follow the firm on Twitter: http://www.twitter.com/woolleyandco.
Wednesday, 9 December 2009
Wednesday, 25 November 2009
Family Law Firm Expands in Warwickshire
Specialist family law firm Woolley & Co has further expanded it’s presence in the midlands with the appointment of family solicitor, Sharon Brassington.
Sharon, who joined family law specialist Woolley and Co in October, will work from her base in Bulkington, Warwickshire covering clients across Coventry and Warwickshire.
Sharon attended Nuneaton’s Nicholas Chamberlaine School, in Bedworth, before heading to North London University and the then York College of Law. She had decided at the age of 14 that she wanted to work with the law and the majority of her training involved working in the area of family law which is why she decided to specialise.
Sharon from the firm who specialise in divorce, family law and financial settlements, said, “It was something I really enjoyed. I found it much more interesting than wills and probate and conveyancing. Family law is about meeting all kinds of people who are in difficult circumstances. My role is trying to be a lot of things to that person - not just a lawyer, but an advisor and a confidant. You give legal advice but also a lot of sympathy,” said Sharon, who is a fully trained collaborative lawyer, a member of the Family Law Panel and a member of Resolution.
Collaborative law is taking off in the UK after coming over from America. It encourages the parties, together with their legal advisors, to reach an agreement without having to spend the time, money and upheaval of going to court to thrash things out.
Sharon added, “It is a much nicer way of dealing with disputes and more and more people are seeing the benefit of this. It backs up the work I do with the Family Law Panel and Resolution, always seeking amicable ways to sort out a divorce and exploring all the options. Lawyers who do not specialise in family law might not always do this.”
Sharon heard about Woolley & Co the expert family law firm, through new colleague Claudette Jaggard-Inglis, who works for Woolley &Co in Lutterworth, and is looking forward to the challenges of running her own home office.
“I wanted to work for a firm that is forward thinking. It is a different way of working and an exciting way of working,” she added.
Woolley & Co has 18 senior level family law specialists working from satellite offices across the Midlands, South, South West and East. It has just published its third book – Exploring the Myths about Divorce and Separation – which can be ordered free from its website at www.family-lawfirm.co.uk.
About Woolley & Co. Solicitors: Woolley & Co. Solicitors are family law specialists, operating throughout the UK. Their web site, http://www.family-lawfirm.co.uk, includes an extensive selection of articles covering every aspect of divorce as well as a free, downloadable in-depth guide to undergoing a divorce and overcoming any unseen complications that may arise. Take a look at the firm’s new Divorce Myths website and you can now also follow the firm on Twitter: http://www.twitter.com/woolleyandco.
Thursday, 12 November 2009
Leading family Law Firm Answers One Of Divorces Biggest Questions- Can an Ex Claim?
When a marriage breaks down and divorce is on the cards, one of the most popular questions on the minds of those involved is ‘what rights do I have’ and ‘what am I entitled to’. Getting the right advice to help you make the right decision and embodying those decisions in the appropriate legal documents is all important say family law specialists Woolley & Co Solicitors.
Andrew Woolley, senior partner from the firm which specialises in divorce, family law and financial settlements, said, “Most people would concur that agreeing amicably on the details of a divorce before going your own way is the best solution to a bad situation for all concerned.
“But however friendly the negotiations are, if you do not get the agreement sorted legally, it can leave the door open for an ex to make a claim years after you have both moved on.”
First of all you should ensure that a ‘Consent Order’ is in place to ratify the agreement you have come to, even if you manage to sort out the division of assets without going to court. A “consent order” is a Court Order by agreement of the people involved. A “clean break” is where both parties future claims are all cancelled normally after a once and for all settlement has been arranged. Clean breaks are often arranged by a Consent Order but a Consent Order is by no means always a clean break
Once an order has been agreed and lodged with the Court, it is legally enforceable. If properly drawn up it normally means that if one party, perhaps previously agreeable but now cheered on by a new partner, decides the settlement they got from the house was not fair, or they want a bigger chunk of the pension fund, they have no claim.
Cancelling any future claims with a clean break order is not possible in every case though and this is why it is essential that a client seeks advice from an experienced family lawyer before making any decisions.
For instance, if children are involved and ongoing support is an issue, a clean break is not always possible. The nature of the support may change over time and so a final order setting a settlement in stone is not appropriate.
Where agreement cannot be reached on the division of assets or one person will not agree to the terms the couple can ask the Courts for a decision.
Andrew Woolley, Senior Partner from the leading family law firm added, “If there are significant assets, it can be easier to agree terms because the pot can be divided giving a lump amount to both parties which will last for some time. It is not easy though and issues like children can make it almost impossible. Because of the necessity of an ongoing flow of financial support, a clean break Order will not be appropriate,
Then there are situations where an order could be achieved but one party will not agree to it. This might not necessarily be because they have any intention of claiming in the future, but simply because they want to unsettle the other party. In cases such as these a judge will decide the issue.
“Clean break orders are becoming more popular, because people are becoming more aware of them, but it is perhaps with older generations where they come into play most often. They will have no dependent children and a significant pot of assets which can be divided cleanly and a line drawn under proceedings.”
Woolley & Co lawyers have significant experience in dealing with these issues. For a free initial half hour consultation on whether a clean break or a Consent Order is the right solution contact Woolley & Co on 0800 3213832 or find out more from their online newsletter at http://www.family-lawfirm.co.uk/Newsletters/Archive/October-2009.html
Monday, 26 October 2009
Woolley & Co Dispels Child Maintenance Myths
In society today, it is quite common for relationships, marriages and civil partnerships to breakdown. Arguably, one of the most emotionally challenging aspects as a result of this is how to deal with the children, in addition to the issues surrounding child support. Leading family law firm, Woolley and Co, explains important aspects concerning child maintenance.
The Child Maintenance and Enforcement Commission (CMEC), formerly known as the Child Support Agency (
CMEC aims to promote the financial responsibility that parents have for their children, in addition to ensuring the appropriate information, guidance and support on the different child maintenance options is available. Additionally, CMEC aims to provide an efficient statutory maintenance service, with effective enforcement.
The courts no longer have a significant amount of power to deal with maintenance for children. Courts can now only make maintenance orders for children in a limited number of cases, such as where a child is disabled and there are care costs, where a child is in full-time education and there are school fees to pay and even where the other parent lives abroad on a permanent basis.
Once CMEC has made an assessment, there is very little lawyers can do. If the payee or payer think the figure CMEC has decided upon is wrong, CMEC can take action, by hearing a form of informal appeal or by taking the non-payer to Court.
However, CMEC does face some restrictions. For example, the organisation is unable to deal with maintenance issues for children over the age of 17 who are not in full-time secondary school education.
Andrew Woolley, senior partner from the firm which specialises in divorce, family law and child contact and residence on divorce , said, “In the current economic climate, it is increasingly difficult for people to hire lawyers to determine and negotiate child maintenance agreements and plans. Instead, it would be advisable to contact the National Association for Child Support Action (NACSA), which can help parents to address any issues or difficulties that arise while dealing with CMEC.
“If your relationship is breaking down, discussing the impact on children, including issues such as child maintenance, should be at the top of your list, as the earlier a mutual agreement is decided, the easier the process is likely to be.”
The Woolley & Co website contains a wealth of family law resources, including articles and advice sheets, addressing issues such as divorce, financial settlements, the impact of divorce on children and other relevant issues. For more information, visit the website: http://www.family-lawfirm.co.uk.
Thursday, 22 October 2009
New Website From Leading Family Law Firm Dispels Common Divorce Myths
Whether in relation to celebrity or the general public, stories of divorce and family law are increasingly common in the tabloids, which is one (of perhaps many) reasons why common misconceptions are being perpetuated. In a bid to explore some of these inaccuracies, Warwickshire-based family law firm Woolley & Co has launched the Divorce Myths website.
The firm, which specialises in divorce, legal separation and family law, has developed the website in order to clarify and correct common misunderstandings around divorce and has been built to supplement the firm’s main website, which includes full details of the firm’s legal team and the fixed fee divorce services available.
Andrew Woolley, senior partner from the firm which specialises in divorce, family law and prenuptial agreements, said, “It is quite often the case that we assume we know all about divorce. There is also the assumption you can apply what you know about divorce to any case. However, what many do not consider is that in reality, each case is unique and is not necessarily comparable to another and so dispensing the same advice is not going to be applicable to all cases.
“The advantage of the Divorce Myths website is that it addresses common myths encountered in different divorce cases. You can even post your own divorce myth, which our team of family law specialists will endeavour to address.”
According to the Divorce Myths website, the top five common myths about divorce and separation are as follows:
* We are common-law man and wife so I have the same rights as if we were married.
* I didn’t commit adultery because I was already separated from my wife when it happened.
* The wife always gets the house when a couple divorces.
* Getting divorced is going to cost me a fortune.
* The children always get to live with their mother.
About Woolley & Co. Solicitors: Woolley & Co. Solicitors are family law specialists, operating throughout the
Friday, 9 October 2009
Cultural Differences In Divorce Cases
In our culturally diverse society, family lawyers are regularly called upon to help with issues surrounding divorce in other countries or concerning other religions. This is a highly specialised area.
It is essential to use a divorce lawyer experienced in working with a particular religious denomination and the intricacies of international divorce law. The family law firm Woolley & Co, specialise in such cases and the most common issues they come across are the validity of an Islamic marriage, known as the Nikkah, an Islamic divorce, known as Talaq, and the Get or Jewish divorce.
Talaq is the term used to mean divorce in accordance with Islamic rules. Under traditional Islamic Law, a bare Talaq divorce takes place when the husband pronounces three times: ‘I divorce you.’ Such a pronouncement has the effect of dissolving the marriage instantly, however, this is not enough to satisfy the UK courts.
Andrew Woolley, senior partner at Woolley & Co, who can help with divorce rights and getting a divorce says, “A Talaq divorce is recognised in both Pakistan and Bangladesh, any Talaq divorce obtained there would be legally binding in the UK provided certain conditions are met. However, a Muslim wishing to divorce in the UK cannot simply say ‘I divorce you, I divorce you, I divorce you’. They have to go through the English legal divorce process.”
The Get (Hebrew word for the divorce document) is also common in the UK. Jewish law applies to a Jewish person no matter what country they live in and if a Jewish couple divorce under UK law but not under Jewish law, it means they are still married in the eyes of the Jewish faith which clearly can be very important in religious, if not legal terms.
Mr Woolley, from the firm who specialise in divorce and family law, added, “Both husband and wife need a Get to be able to remarry as orthodox Jews and remain integrated into the Jewish community. A Jewish Beth Din court can issue a Get. The parties have to have ceased living together and be at separate addresses and they also both need to agree to it.”
Anyone going through a divorce where there are international elements or where issues of faith are important must obtain specialist divorce advice from suitable experienced and qualified divorce lawyers.
About Woolley & Co. Solicitors
Woolley & Co. Solicitors are family law specialists, operating throughout the UK. Their web site, www.family-lawfirm.co.uk, includes an extensive selection of articles covering every aspect of divorce as well as a free, downloadable in-depth guide to undergoing a divorce and overcoming any unseen complications that may arise.
Find out more about getting a divorce with a fixed fee divorce lawyer at www.family-lawfirm.co.uk
A Contested Divorce – What Can You Do?
The process of divorce can often be complicated, stressful and emotionally draining – but what happens if your former partner chooses to contest the divorce?
Leading family law firm, Woolley & Co, has suggested that it is quite rare for a divorce to be contested. After all, the divorce is merely the ending of the legal binds that tie a couple together and therefore it is more likely that other factors, such as finances and the welfare of the children, are the bigger issues during the process of divorce.
Divorces tend to be contested usually when your partner does not want to divorce or objects to the reason stated for initiating divorce proceedings in the first instance.
Andrew Woolley, senior partner from the firm which specialises in divorce, family law and prenuptial agreements, said, “Here at Woolley & Co, we advocate approaching divorce cases in a non-confrontational manner. One way to avoid the divorce from being contested would be to discuss the reasons for divorce with your partner, prior to issuing the petition to the court. This also will contribute to keeping the cost of divorce down.”
Contested divorce cases can take time to be resolved – and the longer it takes, the higher the cost of the overall proceedings.
Mr. Woolley added, “If you do have objections to any reasons stated in the divorce petition, your lawyer can make it clear that you do not accept or admit the allegations but do accept that the relationship and the marriage have broken. This means that the divorce can still proceed on an uncontested basis, cutting costs and reducing the emotional distress of the overall proceedings.”
You can find a wealth of family law and divorce resources on the Woolley & Co website: http://www.family-lawfirm.co.uk. The firm has also launched a new book, entitled ‘Exploring the Myths about Divorce and Separation’ – for more information, visit http://www.divorcemyths.co.uk.
About Woolley & Co. Solicitors: Woolley & Co. Solicitors are family law specialists, operating throughout the
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