When Love is Lost

Another Valentine’s Day is here.  With over 40% of all relationships ending in divorce or separation instead of falling in love with Valentine’s Day many hearts will have been broken.

The failure of the marriage can be down to many factors – the influence of previous relationships that we have experienced; the relationship of our parents; our own self worth; and a capacity to change.

When a relationship finally hits the rocks it can feel like you will never find a way forward.

Most couples want to put the past behind them and have the divorce or separation dealt with as quickly as possible.

The concept of a quickie divorce owes more to myth than reality.  Once you bring children and finances into the process the divorce and separation procedure can become complicated and expensive especially if your divorce becomes uncontrollable.

It is essential to take good specialist legal advice.

Mediation can help speed up the process and allow you to talk through your differences in confidence with an independent neutral professional.

What are the benefits of mediation?

A bitter and resentful divorce or separation can seriously harm children’s mental health.  It is an unfortunate fact that one in four children will live through their parents’ divorce before they are 16 years old and approximately 60% of fathers lose contact with their children within three years of divorcing or separating.  These factors have consequential affect.  The children are less likely to succeed at school and are more likely to suffer from insecurity and anxiety.

As an alternative to the legal process mediation may be appropriate where disputes arise over children and/or finances.  It can save time and money.

Mediation is not about getting back together.  It is not a substitute for legal advice.  It is however the chance to resolve any issues by communicating and making joint decisions rather than having decisions made by a Judge who does not know either of you or your family circumstances.

It can have a tremendous effect on the future for your family.  You will be demonstrating to your children that you can work things out together and that you can resolve a dispute in a sensible manner.

As parents you have a responsibility to protect your children as much as possible from the damaging affect of your divorce.  Mediation will give you the chance to talk together about the future of your relationship, finances or issues concerning the children.  It sets a good foundation for building an amicable relationship for the future.

What is an Accredited Family Law Specialist?

At Hartnell Chanot, we are not only specialists in family law but many of our solicitors and legal advisors have been “accredited” by Resolution, the leading organisation for family lawyers.

What is an Accredited Family Law Specialist?

An accredited family law specialist is someone who has more than five years experience in family law, works predominantly in the area and has passed a tough independent assessment to show their skills, expertise and knowledge. As well as that they will be committed to the principles of Resolution to conduct cases in a non-confrontational conciliatory manner.

Claire Reynolds, one of our senior solicitors, who is a resolution accredited specialist is also a member of the Resolution Accreditation National Committee ensuring that we are always up to date with specialist accreditation and therefore able to pass this knowledge and experience on to our clients.

At Hartnell Chanot we have resolution accredited specialists in the areas of domestic violence, children disputes and financial matters. You are always able to seek advice from someone who will be a specialist in the issues you need advice on.

New Fixed Price Divorce – Just £450*

Today sees the launch of our new fixed price divorce package.

Our fixed fee divorce provides you with the security of knowing exactly what your divorce will cost. However, our expertise and experience means you will not be compromising on service or standards.

Whichever lawyer is assigned to your case, you can rest assured that you will receive all the professional and emotional support that you need at this particular time.

Our fixed fee for an undefended divorce is £450 plus VAT and Court fees (currently £385 – though this can be subject to change by the Court).

Additional costs will apply if your case involves children or financial issues. We will provide you with cost estimates for these issues which are charged on an hourly rate basis and available on request.

Your Fixed Price Divorce: What We Will Do

  • Provide you with a free first appointment with one of our specialist family lawyers.
  • Prepare all the documents necessary to obtain your divorce on an undefended basis.
  • Arrange for all the documents to be sent to the Court.

Your Fixed Price Divorce: What You Will Need To Do

  • To complete in full our questionnaire prior to your first appointment.
  • Provide us with your original, or a certified copy of, your marriage certificate.
  • Provide us with any other information we may request as soon as you are able to do so.
  • Consider and approve any documents we send to you quickly and return them to us.
  • To pay in full at the end of the first appointment.

Your Fixed Price Divorce: What Is Not Included In The Fixed Fee

  • Having the other party served personally with the papers if he/she does not co-operate.
  • If any part of the case becomes defended.
  • If the divorce petition needs to be altered once it has been sent to the court.
  • Cases where you do not know where the other party lives.
  • Cases involving proceedings or parties living outside of England and Wales.

If you are interested in our fixed fee divorce package please contact us on 01392 421777 (Exeter) or 01752 674999 (Plymouth).

Please download and complete this questionnaire before your first appointment.

*plus VAT and Court fees.

Moving On After Divorce & Separation

The first working day after the Christmas break is regarded as “Black Monday” to marriages, the end of the road for many dwindling relationships.

Hangovers have faded, the decorations are back in the attic and the bills have started to come in. As life returns to normal you may find that those problems you put to the back of your mind just cannot be ignored any longer. They can seem much worse now that the holidays are over.

Traditionally one of the busiest times for divorce solicitors, the New Year signals a new start for many couples who finally resolve to take legal advice about separation.

Although it is important to encourage couples to seek alternatives such as family mediation or to talk about their problems with organisations such as Relate for some it is simply too late.

The love, admiration and respect they once had for each other may now have been replaced by unhappiness, resentment and contempt. It may not be in anyone’s interest to prolong the agony.

For some couples delaying will only allow more time for bitterness and acrimony to fester and make disputes regarding the children and financial arrangements inevitable.

There is no such thing as a traditional family life and rather than attacking couples for splitting up the future of the family is to work together in sharing the goals and responsibility of the children’s upbringing and establishing contact arrangements, living and financial arrangements that are in everyone’s best interest.

As every divorce can seem a daunting and traumatic process family mediation, collaborative law and counselling can all play an important part in making the process easier. It will enable couples to take control of their own separation and their own  destinies in the aftermath of a break up and retain an amicable relationship with their former spouse/partner for the sake of any children.

Mediation is not an expensive layer of professional advice to consider on top of solicitors bills but an alternative because you can do much of the work and save the solicitors for the legal bits.

Collaborative law is another such alternative that can see your legal bills slashed because by agreeing not to go to court and by attending discussions with your solicitors at the same time couples have the ability to set the agenda and pace ultimately using less of their solicitors time and therefore saving money.

The additional costs of going though the divorce process is certainly a major concern to most couples even those on a good joint income.

When your financial security is being threatened by divorce it is easy to understand why many people attempt to cut costs and deal with the divorce and financial matters themselves.

There are a number of Internet packages offering a quick divorce. What is wrong with this?

Well the answer is easy. There are hugs risks involved in DIY divorces especially where finances and children are concerned.

People who take this course are under the misconception that financial claims cease when a divorce has been granted. The reality is that couples who are divorced can continue to make financial claims against one another long after the divorce is over. Any verbal or written agreements made may not be held up by a court as legally binding if it is later challenged.

Most commonly later challenges are related to financial, maintenance, property and pension disputes . For example after your divorce your former spouse may find that they are unable to sort themselves financially and they now require financial support from you. In addition you may receive an inheritance or a lottery win that your former spouse may then decide to make a claim upon. Disputes can arise over property that was not sold or transferred on divorce and some couples divorce without making any arrangements regarding their pension.

Moving on requires strength, determination and courage and there can be no substitute for expert legal advice from Family Law specialists who are trained to spot legal pitfalls that may have a substantial effect on your personal circumstances in the long run. They won’t cut corners and neither should you as far as your future is concerned. The decisions that you are taking now will affect yourself and your children for the rest of your life.

How To Tell Your Children About Divorce

For parents the task of telling their children about their intentions to separate is painful and difficult. As adults, parents have already worked their way through the decision to separate or divorce. The children are only just starting on a journey that their parents may have already more or less completed. It can come as a great shock to them even if they have already suspected that it may happen.

It is necessary to look at each child as an individual as you as parents will know them best.

It is not their fault

Many children believe it is their fault when their parents separate. Children should be told that it is not their fault. This cannot be said often enough. It is particularly important with younger children who live in a word that is part reality and part fantasy. They can easily believe that something that they have done may have caused one of their parents to leave. They may also believe that they can solve the problems in your relationship by being good or by tidying their rooms.

Tell them what is happening

Relationship breakdown is hard on everyone in the family. The difference for children is that they have no power over what is going on. They need to know what is happening to their family. Parents may feel that they are protecting their child or children by keeping things from them. The opposite is true. Children are helped if you tell them what is happening and what is happening and what will happen next. Tell them in a way that they can easily understand. They do not need to know all the details. Basic information is enough. Children need to know that both parents will continue to love them and will continue to care for them.

Listen to your children

One of the greatest problems for children when parents split up is accepting a situation and new arrangements that they feel they have no say in. Children want to be consulted about decisions affecting them and they want to be listened to. However, they do not want to have ultimate responsibility for decision making. Children understand fairness and the difference between giving input and making decisions. Some children may not want to be included in your decision making.

You may feel that by talking to your child or children about these things that you will give them too much power. You can sit down and listen o them and hear what they want while making it clear that they cannot get everything they want. This makes them feel involved and important which will make them feel much better. Remember that when you were together as a family you included your children in decision making about lots of things. They will expect you to include them now even if it is difficult.

Don’t fight in front of the children

Children are most distressed when the fight is about them. Fighting in front of the children or saying hurtful things about the other person hurts them. When you put each other down you put your children down as well. Remember your conflict can be very damaging to your children.

At home if possible

Being at home will feel safer for the children. If they are upset they can show their emotions. If you are away from home your task and theirs is much more difficult. Think about how you can create the difficult emotional and practical space to do this. There are plenty of times so that you are going to be able to cope with the possible immediate reactions and remember to be readily available at all times for delayed reactions.

6Allow Children to express their emotions

It can be tears, anger, pleading, promises or good behaviour, fear, bravado and denial. Do not intervene. Tell the child you understand and that you know that it does hurt but you will try to help them so that it hurts less. Be clear that what has happened has not been because of them but a decision that has been made between the two of you.

Be honest

Don’t retract because they may cry. This is likely to cause more pain later on because you set up false expectations that cannot be realised and it only prolongs the hurt. It is important to be reassuring without making unrealistic promises. This is a very difficult task for parents. W never want to feel that we have deliberately upset our children. Think about what your child or children are able to understand at this stage too. They are not adults and their perceptions and understanding is at a different stage.

If one of you is going to move out

It often helps to involve children in any such move. Show them where the person moving out is going to be moving to. Where their future room will be when they visit. Show them the kitchen and living room. Children worry about the wellbeing of the non-resident parent. Will that parent have enough to eat, where will that parent sleep and will they be alright. By involving them they can feel reassured and also feel they are actively participating. Sometimes this is not possible because the other parent is moving away. If this is the case, if you know what the visiting arrangements will be, tell them jointly so they feel reassured that they will be seeing each parent regularly.

The most important features in telling the children is to recognise their need for security and the opportunity to express themselves and their feelings in whatever way they feel able. This may vary greatly from extreme anger to complete violence.

Most important of all reassure children that you will both go on being their parents. You will always be their mother and father and the fact that you and the other parent are unable to get on well together anymore does not in any way alter your feelings for them. They are your children and your love for them will always remain the same.

What you have now to embark upon is extremely difficult for yourselves as a parent and very painful for all of you. In facing up to it try to remember that many parents have had to do this before. If it is done with love and care by the two of you together the children can survive without too much damage. This is provided you follow it up with the same long time love, care and consideration for your children as parents outside your own relationship as you did when you were partners.

With acknowledgements to Dr. Goldstin and Rita Bleinan.

 

10 Golden Rules: Communicating With Each Other Post-Separation

Once yourself and a partner have decided to separate communicating with each other can be difficult. Communicating with each other can be difficult and can in some cases tend to deteriorate to non-existent or escalate to a physical and verbal attack.

It is always best for your children if you can continue communicating with each other. Similarly it can also ensure that legal costs are kept to a minimum if communication between you is good.

There are ten golden rules in communicating with each other after you separate.

1. Always remember that your children need you to do this for them.

How you manage your communication will directly affect their future. How they trust and deal with not only the two of you but also other people.

2. Find the right time and place or method of communication.

Sometimes it is inconvenient to talk when something has come up in which case it would be much better to agree a later time when both of you can talk matters through privately. In this modern age emails and text messaging may be a god form of communication. However, remember with emails and text messages you cannot see the other person’s body language and therefore emails and text messages are notorious for being interpreted in the wrong way. Therefore be careful when you are drafting emails and text messages so that you come across in the manner that you wish to.

3. Discuss issues as quickly as possible after they have come up.

It is far better to air problems straight away than let them fester and grow. If there is a problem then deal with it at the first available opportunity.

4. Be as factual as you can.

If either of you have received a report from someone else whether the children or other people simply tell the other person exactly what you have heard and from whom. This will enable the other person either to put the first persons mind at rest immediately or enable them to make enquiries of their own before responding.

5. Don’t attack the other.

It is really important that you each see the other as working together in the best interests of your children. Anyone who feels under criticism will naturally respond defensively. Your children need the two of you to be able to sort things out in an adult and responsible manner.

6. Be honest, polite and respectful to the other.

This is the flip side of the above. It is not just a question of what to avoid, it is the positive way you can speak with each other both in tone and in the words used.

7. Don’t always assume the worst.

What you have heard may not be true, may be an exaggeration or a distortion of the truth. If you hear something worrying then hold off believing it until the other person knows what is being suggested and can fully respond. In other words the basic assumption should be based on the knowledge that neither of you will place the children at risk and that you trust each other as parents.

8. Educate the people around you.

We all have families and friends who want the best for us. Sometimes they believe that this means building us up and knocking the other person down. It is important that those surrounding you understand that you do have continuing need to work in partnership with the other person and support each other for the sake of the children.

9. Remind yourself of the above before speaking with each other.

Already have this to hand by the phone. Practice being considerate to each other. Give each other permission to remind each other about this and be courageous enough to apologise when you get it wrong.

10. Either or both of you may make mistakes but don’t give up if you do.

Think about your role in whatever went wrong and how you could have approached matters or responded in a different way.

By working cooperatively together and communicating well the separation process will be smoother for yourself and in particular for the children.