Category Archives: Getting Divorced

Co-op divorce: is a fixed fee £99 divorce the answer?

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The Co-operative supermarket chain, announced last week that it was launching a range of “family law products”, to include DIY divorce packages starting at £99 as well as prenuptial agreements and cohabitation agreements.

This isn’t a new phenomenon, in fact there are a number of law firms across the country that offer cheap, fixed-fee or no-fee divorce packages. Many of these packages including the Co-operatives’ cheapest solution, which works out to £503.50 including VAT and court fees, simply provide you with a step-by-step guide to administering your own divorce along with all of the forms that you will need to make it legally binding. For an additional fee you are, in most cases, also able to pay to have your documents checked by a legal professional or make individual appointments to discuss your case with a solicitor.

I am sure that, at first glance, this seems like a fantastic proposition, and if you are in a position where you have no children, no money, no assets (properties), no businesses and the break-up is amicable then this may indeed be a cost effective way for you to process your divorce.

However as a seasoned family lawyer, having dealt with more than 1,000 divorces, one thing has become abundantly clear to me- no divorce is ever the same. Everybody is different, our personal circumstances vary greatly and we all manage different situations in our own ways. It is therefore very difficult to make a ‘one-size-fits-all’ divorce solution work effectively. That principle is at the core of the many pitfalls that I can see with such packages.

The Pitfalls:

  1. You and your family may have unique and specific needs that exclude you from being able to utilise the fixed fee model.
  2. You may need access to a plethora of other services including:
    1. Mediation
    2. Counselling
    3. Child psychologist
    4. Debt advice
    5. Independent financial advice
    6. Actuarial advice (Pensions advice)
    7. Valuation advice
    8. Business/corporate advice
    9. Probate/wills advice

Proceeding with an online/DIY divorce without meeting with a solicitor to discuss your circumstances, could have a knock on effect that seriously impacts yours and your children’s lives in the future. At Hartnell Chanot & Partners we offer a FREE Initial Interview, to help you understand what services you are likely to need for your individual case.

  1. The Co-op pledges a transparent pricing structure and “no nasty surprises” ,while admirable and attractive to potential consumers, the prices quoted are likely to be blown out of the water once the additional hours of support are taken into account in more complicated cases.
  2. Having managed your own divorce, you may find out at a later date that an agreement you reached or a decision that you made has put you at a disadvantage. It may then be very costly, time consuming or even impossible to put this right.
  3. There is no percentage split or formulaic approach to divorce settlement in English Law. Determining a fair solution can be a very complex exercise that examines a number of factors particularly where children are concerned or where one party earns or has contributed more over the course of the relationship.
  4. There is a common misconception that once you divorce all opportunity for financial claims cease. This is in-fact not the case and you could end up facing a financial claim by your spouse years down the line against assets, income and pension provision that you had at the time or income, assets and pensions acquired after separation and divorce unless all matters are resolved in a legally binding manner.
  5. The paperwork associated with divorce, if you don’t fill it out on a regular basis, can be a very challenging process. At the core of this documentation is the Form E, a 29 page nightmare that can, depending on your circumstances, require hundreds of supporting documents.

If you really need to save money and you are set on DIY divorce the same forms that you are likely to get from the Co-op or any of the other DIY packages are available for FREE here www.courtservice.gov.uk and the Citizens Advice Bureau may be able to assist you with any queries or individual advice.

The reality is that a specialist family solicitor may be able to save you a significant amount of money in the long run. They will also be able to look at your situation and provide advice and guidance that is tailored to you, helping you to achieve the best possible outcome. At Hartnell Chanot & Partners we can provide a clear up-front personalised quote, before any work is carried out.

Whatever your circumstances, make sure that you choose a solution that helps you resolve these important, life changing issues completely and effectively so that you and your family can move on with your lives without any lingering stress or anguish.

Sun, Sea and…… Separation?

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With September just around the corner and the summer holidays starting to draw to a close, people the length and breadth of the UK are starting to reflect on the events of the last couple of months. The diamond jubilee celebrations, a Brit making the men’s final at Wimbledon, London 2012 providing the greatest British medal haul at an Olympic Games since 1908, the impossibly perplexing weather conditions of ‘the great British Summer’ and the highly anticipated annual family holiday.

Despite the overwhelming sense of joy and celebration that accompanied many of these events, for a great many people this period of reflection will result in one overwhelming conclusion.

They aren’t happy.

In a lot of cases, they aren’t happy with their relationship and the impact it is having on the rest of their life.

Perhaps that long awaited holiday, the one that was supposed to rejuvenate their relationship, failed to live up to expectations. Maybe despite being able to spend more time together with their partner, they still felt alone or isolated. The added strain of the summer holiday put too much pressure on parents who were desperately trying to balance all of the demands on their limited time, without the much needed support of their partners.

There could be any number of contributing factors. The end result however is the same.

The differences come when people try to decide what to do with this new found realisation. Some people will decide to suffer in silence, trying to embrace a belief that something may change; that things might get better. Others will seek out the services of an experienced relationship counsellor in an attempt to resurrect the relationship that they once had. Those that see no light at the end of the tunnel, no chance of improvement will opt for divorce.

For the last 21 years Hartnell Chanot & Partners, the family law specialists, have been helping individuals going through the full spectrum of relationship breakdowns. Rachel Buckley, Director, was keen to highlight that: ‘No matter what your circumstances, it is possible to find a solution that allows you to resolve your relationship breakdown and move on with your life. At Hartnell Chanot & Partners we have helped people with children, properties, businesses both married and unmarried alike, providing representation and arranging mediation services and counselling when required.’ She added: ‘The most important thing you can do is to talk to a professional and get some real advice to help you make this important decision.’

Hartnell Chanot & Partners, like many firms, offer a free 30 min consultation to help you understand the options that are available to you. So if you are struggling with your relationship and you want to know what your options are, contact a specialist.

Don’t get caught out of pocket following a divorce!

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It is a common misconception that once you have divorced and obtained your decree absolute, then all matters between you and your formal spouse come to an end. Unfortunately this is not the case. A Decree Absolute, which dissolves marriage, does exactly that, it just ends the marriage. The financial aspect of a divorce is a completely separate issue, not covered by the Decree Absolute, and therefore unless you take the necessary action to protect your finances you could be leaving yourself open to a whole variety of claims in the future from your ex spouse.

Often people who have very few or no assets at the time of their divorce fall into this trap, believing that they do not need to take any action in relation to their finances, because there isn’t anything available at the time.

What many people do not realise is that your Decree Absolute does not dismiss the financial claims which your former spouse could bring against you! This means that, in the future, your ex-spouse could at any time issue a financial claim for a share of any money, or assets which you have, including anything which you have subsequently inherited, or if your lucky enough won, such as a lottery winning!!

Is this unfair? Well perhaps, but unfortunately that is the position of the law.

So how do you get around this? Naturally nobody’s circumstances will ever be the same and the advice you are given will obviously depend on the assets which are involved in your specific case. However upon a divorce you may be advised to obtain a Clean Break Order. This Order effectively draws a line under your finances with your ex spouse, meaning that all future financial claims that your ex spouse could bring against you are dismissed.

Whether a clean break is suitable for your case will depend on a number of factors, and that is why it is essential that you obtain legal advice to ensure that you take the most appropriate action to protect you and your finances upon your divorce.

It could prove to be money well spent!

Getting Divorced: What Happens Next?

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To help you prepare, the following is a step by step guide to the process of divorce and what you should expect:

  1. The court serves the Petition together with the Statement of Arrangements for Children and an Acknowledgment of Service on the Respondent.
  2. Within 8 days the Respondent should file the Acknowledgment of Service.
  3. The court sends the Petitioner a copy of the acknowledgement filed by the Respondent.
  4. The Petitioner’s solicitor prepares an application for Decree Nisi including an Affidavit for the Petitioner to swear confirming that the contents of the Petition and Statement of Arrangements are true.
  5. Both the Petitioner and Respondent are then advised of the date fixed for the Decree Nisi. The date is likely to be a few weeks after the application was lodged.
  6. 6 weeks and 1 day after the Decree Nisi the Petitioner may apply for the Decree Absolute.

The Decree Absolute cannot be made until the District Judge has granted a certificate that he is satisfied with the arrangements for the children, which he/she will have checked in above. The reason for this is that when a Decree Absolute is made, spouses are no longer man and wife. If one spouse who has a pension dies, then the other “ex spouse” may well have lost valuable widow(er)’s pension for all time. Similarly on remarriage you can lose the right to claim for financial provision unless you have already applied to the court and your claims are outstanding.

How Long Will it Take?

Depending on the complexity of the case, a divorce usually takes between six to eight months. This is excluding financial or children issues.

However if there is any delay or difficulty with having the Respondent return the Acknowledgement of Service to the Court it could take approximately 12 months.

Holding Back

In certain circumstances you may be advised to defer the decree absolute until all finances are settled. The reason for this is that when a Decree Absolute is made, spouses are no longer man and wife and if one spouse who has a pension dies before the finances have been resolved (but after the Decree Absolute is made), then the “ex spouse” may well have lost valuable widow(er)’s pension for all time.

Getting Divorced

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How you address the issue of separating, from moving out of the family home to having contact with your children, could impact on your chance to build a happy and secure future with your children.

As a father, it is important that you remain in your childrens lives while you are going through a divorce, and that you put the welfare of children before all else. Children should be entitled to a relationship with both parents and they will thrive if both parents have a stable and meaningful involvement in their lives.

In order to obtain a divorce you have to show the court that the marriage has irretrievably broken down. This means that either one or both of you feel that you cannot stay married to each other.

As long as you have been married for one year you may apply to the court in England and Wales for the marriage to be dissolved.

You are eligible if:

  1. You have been married for at least one year
  2. You can prove that your marriage has irretrievably broken down

To prove that your marriage has irretrievably broken down you have to demonstrate one of the following:

  1. Your spouse has committed adultery
  2. Your spouse has behaved in such a way that it would be unreasonable to expect you to go on living together.
  3. You and your spouse have lived apart for two years or more and your spouse consents.
  4. Your spouse has deserted you for a continuous period of two years.
  5. You and your spouse have lived apart for five years or more whether or not your spouse consents.