Category Archives: Mediation & Collaboration

Legal aid shake-up – What are your options?

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A series of dramatic changes to the legal aid provision in England and Wales, came into play on the 1st of April. These changes have left tens of thousands of people in the dark about their eligibility for funding, and baffled about their ability to seek affordable legal advice.

Within the scope of family law these changes see a shift away from the previous model where you got the funding if you couldn’t afford advice, to a system that offers support and assistance to individuals at greatest risk. In general terms, funding is still going to be made available for people with cases where there are instances of domestic violence and abuse, child abduction, care proceedings and where there is a need for the representation of children.

The new structure will see the vast majority of people that need assistance with divorce and finance matters as well as those with parental responsibility and contact issues, heading for mediation rather than a traditional solicitor. Mediation is process that allows the conflicting parties to meet, together with a mediator, and try to forge an amicable resolution to their issue. Mediation has become increasingly popular in recent years as an alternative to court because of the economical and non-litigation based benefits. By taking part in constructive negotiations and discussions there is a greater chance that you will be able to maintain a healthy relationship with your former partner and make life easier for any children involved in the case.

The Ministry of Justice are investing an additional £10 million to fund mediation services to help separating couples who would previously have been eligible for Legal Aid.

Despite its many benefits, mediation is not going to be suitable for everyone, where the damage to the relationship has already been done it may be impossible to come to an agreement in which case a more traditional solicitor approach may be required.

These changes have necessitated a change in the way that many law firms deal with family law matters. Firms have had to explore alternative methods of providing their services to individuals who no longer have access to publicly funded legal services. Family law firms such as Hartnell Chanot & Partners, with our offices in Exeter and Plymouth, have been busy developing packages that will ensure that everybody still has access to quality legal advice when they need it.

Norman Hartnell, Director, Hartnell Chanot & Partners:- “In addition to mediation, collaborative law and family arbitration, a process where a trained arbitrator can issue a ruling recognised by the court, without having to go through the lengthy court process, we have developed a number of affordable ways for our clients to obtain the advice and support they still need when facing these emotionally challenging times.”

He went on to say:- ‘The most important thing to remember is that firms are adapting and that anyone who has a family law issue should still contact a firm or a mediation service to find out about the options available.”

An amicable and affordable divorce?

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For many couples the start of the New Year marked the end of an old relationship.

Divorce and separation lawyers across the country returned to their offices after the festive season to greet an influx of fresh clients enquiring about divorce and separation.  This surge, commencing on the first working day back after the New Year, is a phenomenon commonly referred to as ‘Divorce Day’ or ‘D: Day’.  In reality this peak in enquiries typically lasts for the duration of the first fortnight in January.

A Christmas marred by rows and disagreement, rather than a period of joy and the promise of things to come, will have led to many couples re-evaluating their relationships and in many cases making the decision to separate.

The commencement of this busy period of 2013 brought with it the announcement that Ministers have pledged £10million to speed up and ease the tension that can be caused during divorce and separation.

The cash will be used to subsidise mediation services that are designed to help couples negotiate how to divide their property and care for their children.  Family justice minister Lord McNally pledged the extra £10million for the services, stating that they offer a “quicker and simpler approach which brings better outcomes” for the families involved.

The Ministry of Justice has said that on average a contested divorce, argued in court, can cost approximately £4,000 while a mediated split funded by the state costs £500.  The time implications of mediated solution – 110 days – compared to contested divorces often taking 400+ days are staggering.  By steering more of the public funded couples towards mediation an enormous amount of unnecessary time and money could be saved.

The mediation process is set to become an increasingly common practice during 2013, with changes to the Legal Aid system directing all but the most at risk cases towards mediation. What this means, quite simply, is that from the 1st of April 2013 people requiring family law services will not be eligible for Legal Aid unless they are applying for and injunction, already in mediation or they are in possession of evidence of domestic violence.

Mediation and collaborative law practices, where couples agree to resolve their issues without using the court process, have also seen a significant increase among privately paying clients. Couples are choosing to take part in these alternative forms of dispute resolution in an effort to find a less stressful solution to their dispute that can be handled in a more expedient fashion.

Rachel Buckley, Director of Hartnell Chanot & Partners, commented-“Our firm has been utilising mediation solutions for our clients for 21 years and there is a noticeable difference between the atmosphere in these cases and that of our contested cases.” He went on to highlight that- “Not only are mediated splits typically resolved faster and more affordably but by engaging in productive and amicable negotiations the stress and anxiety often associated with divorce is greatly reduced. This is particularly important when there are children involved.”

A relationship unlike any other – Grandparent and Grandchild

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Four out of ten grandparents will lose contact with their grandchildren upon the breakdown of the parents’ relationship. So as a grandparent is there anything that you can do to ensure that you maintain contact with your grandchildren?

As everybody knows, when a relationship breaks down it is often difficult for those involved not to take sides, particularly when it is your son or daughter’s relationship. This often then creates difficulties with regard to maintaining contact with your grandchildren, particularly when tensions are running so high. In these circumstances it just may not be possible to have constructive conversations amongst yourselves about contact with your grandchildren.

If this is the case then is there anything you can do? 
Well just like when parents have a dispute regarding contact with their children they may attend mediation to try and reach an agreement, without having to take any matters to Court. This is a possibility for you as grandparents as well, whereby an independent mediator will try and help you reach an agreement with the parents to enable you to maintain contact with your children. However if these discussions break down what do you do next?

Unlike parents who can make an application to Court to have contact with their children, grandparents must first obtain permission from the courts prior to making any application for contact. To some this seems wrong given the fact that step parents have an automatic right to apply for contact without having to apply for permission. However despite several recent highly publicised campaigns to have this extra step for grandparents removed, it does currently remain.

So is this permission difficult to obtain?

Don’t be disheartened, this extra step of seeking permission should not discourage grandparents from pursuing contact with their grandchildren. It is not a significant hurdle to obtain permission from the Court, providing your application is of a genuine nature. As a grandparent you will need only to show that you have a meaningful and important connection with a child. If you have been a regular figure in your grandchild’s life and have had regular involvement with them then this will usually be relatively easy to demonstrate. Once this permission is obtained you are then able to make an application to the Court to have contact with your grandchildren, in the same way as a parent can.

The Court fully recognises the important role that grandparents play in children’s lives. Despite the extra hurdle grandparents currently face, it is hoped that you will not be discouraged from taking steps, if necessary, to ensure that you are able to maintain that nurturing and special relationship with your grandchildren. A relationship which is unlike any other.

If you would like to learn more about your rights as grandparents and the options open to you, why not attend our Grandparents’ Association Regional Conference.

“Silver Separators” – Divorce for the Over 60′s

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Over 60s divorceThe term “silver separators” has been coined to describe separating couples over the age of 60 and according to the latest divorce rate figures released by the Office of National Statistics (ONS) the number of silver separators is on the increase.

The ONS statistics reveal that in 2009 11,500 over-60s were granted a divorce – up 4 per cent in two years. This contrasts with a fall in the divorce rate for all age groups of more than 11 per cent.

Why the increase in over 60s divorce?

For many couples, moving into their 60s means significant change to their lives. Retirement removes the daily routine of work and might uncover the sad truth that a couple just don’t actually enjoy spending time together anymore. Perhaps those that have stayed together for the children’s sake find that when the children have grown up and moved out there is no reason to stay together.

Whilst historically the social stigma of divorce would have kept couples together regardless that barrier is now much less of an issue.

What are the issues in over 60s divorce?

Divorce for the over 60′s is often quite a different proposition. Aside from the emotional trauma, which after 30 or 40 years of marriage can be considerable, there are also different legal considerations.

In many cases, there will be older children, both partners will have retired and the mortgage will be paid off.

The issues are less about childcare, access and maintenance and more concerned with pension rights and inheritance planning. If one or both partners ends up re-marrying or cohabiting there is a need to protect assets and liabilities both for their dependent children and their new partners.

It is important that divorcing couples over the age of 60 seek appropriate family legal help to ensure that these issues are addressed and managed and that both partners can move on with their lives independently.

An alternative approach to a traditional divorce is to go down the collaborative route. This is when the couples and their lawyers work together in a series of four-way meetings, to find a fair solution. This method is generally more amicable, quicker and less costly. Couples who have shared the largest chunk of their lives together often prefer to formalise the end of their relationship in this way.

At Hartnell Chanot & Partners we have five collaborative lawyers and are experienced in dealing with the complex pensions and inheritance issues which arise in divorce for the over 60s. Please contact us on 01392 421777 or 01752 674999 if you would like to arrange a free initial 30 minute appointment with one of our lawyers.

 

When Love is Lost

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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 affect 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.