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The end of love in a time of Coronavirus
Oct 01, 2020
Gibson Young Solicitors has continued to advise clients throughout lockdown and beyond. Despite the overwhelming changes we have all been facing, life has carried on. For many, sadly cracks in marriages have deepened and we are seeing an increase in enquiries about divorce. It is our job to manage divorces swiftly and our aim is to avoid rancour and unnecessary costs.
Q.
Can I still get divorced during this time and will the pandemic mean my case is delayed?
A. The simple answer to this is yes and maybe.
Whilst some businesses stopped working during the beginning of the lockdown, most solicitors did not. Gibson Young have continued to advise and support its clients throughout the past few months, communicating both using technology and safely conducted face-to-safe meetings. We have operated as close to ‘normal’ as possible.
Although the majority of Family courts have been operating throughout the Government imposed restrictions, there have been some inevitable delays in the court processing time, as the court also adjust. Hearings are still being listed and applications being issued and being dealt with. Even though, the process may take a little longer than usual, it should not put you off. Your Gibson Young legal advisors will keep you apprised of the progress as your case goes on and will do their best to ensure that things go as smoothly as they can.
If you are considering a divorce, or would like to find out more about your options, please get in touch with our Family Law department.
Frequently asked questions
Read below for our family solicitor's answers to some questions that have been asked frequently over the last few months.
Read below for our family solicitor's answers to some questions that have been asked frequently over the last few months.
Our work ranges from high-value and high-profile cases involving complex issues, to limited asset divorces that require a sensible and swift solution.
Our family solicitors are experienced in all aspects of relationship breakdown and family matters, as well as financial settlements, child arrangements and Children Act matters, cohabitee agreements and separations (including TOLATA claims) and nuptial agreements.
Our family solicitors are experienced in all aspects of relationship breakdown and family matters, as well as financial settlements, child arrangements and Children Act matters, cohabitee agreements and separations (including TOLATA claims) and nuptial agreements.
Our family solicitors are members of Resolution and subscribe to the ethos of trying to avoid unnecessary acrimony for separating couples and in particular, where children are involved; focusing on their best interests with the minimum distress.
Q.
Can I still get divorced during this time and will the pandemic mean my case is delayed?
A. The simple answer to this is yes and maybe.
Whilst some businesses stopped working during the beginning of the lockdown, most solicitors did not. Gibson Young have continued to advise and support its clients throughout the past few months, communicating both using technology and safely conducted face-to-safe meetings. We have operated as close to ‘normal’ as possible.
Although the majority of Family courts have been operating throughout the Government imposed restrictions, there have been some inevitable delays in the court processing time, as the court also adjust. Hearings are still being listed and applications being issued and being dealt with. Even though, the process may take a little longer than usual, it should not put you off. Your Gibson Young legal advisors will keep you apprised of the progress as your case goes on and will do their best to ensure that things go as smoothly as they can.
Q.
I don’t want to ‘blame’ my spouse in the divorce, can I apply for a “no fault” divorce?
A.
There is only generally one ground for divorce in the UK and that is that the marriage has ‘irretrievably broken down’.
The person applying for the divorce (‘the Petitioner’) must set out one of five reasons (known as ‘facts’) when making the application. These facts are currently: adultery; unreasonable behaviour; desertion; separation of two years and your spouse agrees in writing; or separation of at least five years.
The current UK system does not allow a person to apply for divorce without specifying one of the above ‘facts’. This system can seem thus to imply ‘fault’ or ‘blame’ on one spouse. The legal professionals at Gibson Young however can work with you to draft the petition in a way to keep allegations as non-contentions as possible or with the agreement of your spouse to keep acrimony to a minimum.
Many legal professionals feel that current divorce law is out of date and the government have now passed the Divorce, Dissolution and Separation Act 2020 which will reform the divorce process to remove the concept of fault. Many countries around the world already have this system in place. It is expected that the new procedures and rules will come into force towards the second half of 2021/beginning of 2022. It is hoped that these significant changes will allow separating parties to reduce the animosity between them and move forward in a more agreeable way.’
The person applying for the divorce (‘the Petitioner’) must set out one of five reasons (known as ‘facts’) when making the application. These facts are currently: adultery; unreasonable behaviour; desertion; separation of two years and your spouse agrees in writing; or separation of at least five years.
The current UK system does not allow a person to apply for divorce without specifying one of the above ‘facts’. This system can seem thus to imply ‘fault’ or ‘blame’ on one spouse. The legal professionals at Gibson Young however can work with you to draft the petition in a way to keep allegations as non-contentions as possible or with the agreement of your spouse to keep acrimony to a minimum.
Many legal professionals feel that current divorce law is out of date and the government have now passed the Divorce, Dissolution and Separation Act 2020 which will reform the divorce process to remove the concept of fault. Many countries around the world already have this system in place. It is expected that the new procedures and rules will come into force towards the second half of 2021/beginning of 2022. It is hoped that these significant changes will allow separating parties to reduce the animosity between them and move forward in a more agreeable way.’
Q.
How can I try to limit my costs during my divorce & settlement?
A.
Although there is no clear answer on how much a divorce and financial settlement (division of assets) might cost, or what the final bill might be, the legal advisors at Gibson Young will ensure that you have a clear understanding of the likely costs from the outset of your case.
As in most firms, the solicitors and legal advisors at Gibson Young usually charge on an hourly rate basis and depending on the experience of your advisor, this cost can vary. You will be clearly advised of the rates from the outset and once your advisors understand a little more about your specific case, they can give you more detailed estimates for your individual matter.
There are certain circumstances where (i.e. if you are the petitioner in the divorce), you can seek costs or a contribution to costs from your spouse but usually the legal costs shall be borne by each individual. You should also be aware that certain costs, such as disbursements (costs for court fees; other specialists or experts etc.) will be required from you prior to the expense being incurred, but again your specialist advisor will explain this to you in detail and keep you apprised throughout your case.
You can try and limit your costs throughout your case by assisting your legal advisor with as much information as possible as and when it is required. Also, generally speaking, the more that you can agree with your ex either directly or through other means (i.e. with the assistance of family; Mediation or alternative dispute resolution), the more likely you will be able keep your legal costs down. In short, trying to keep acrimony to a minimum will be beneficial to you in relation to costs and being pragmatic in trying to reach a settlement is prudent.
It may be that you and your ex are able to settle matters relating to finances and the children yourselves and you just seek advice on the fairness of such agreement. The legal advisors at Gibson Young can advise you, negotiate amendments or draw up agreements and applications to the court to formalise the settlement to protect you in the long term. It is never advisable to leave matters (especially in respect of the finances) unresolved, as this could have massive implications for you in the future. A formal court order is almost always required, even if simply to ensure that no future claims are made.
In other cases, prior to starting the process of divorce, you may require legal intervention to deal with your spouse being uncooperative or dishonest; i.e. ‘hiding’ money or dissipating assets to avoid division on divorce. We will advise you on how best to deal with this and ensure that you receive robust advice to obtain a fair settlement.
As in most firms, the solicitors and legal advisors at Gibson Young usually charge on an hourly rate basis and depending on the experience of your advisor, this cost can vary. You will be clearly advised of the rates from the outset and once your advisors understand a little more about your specific case, they can give you more detailed estimates for your individual matter.
There are certain circumstances where (i.e. if you are the petitioner in the divorce), you can seek costs or a contribution to costs from your spouse but usually the legal costs shall be borne by each individual. You should also be aware that certain costs, such as disbursements (costs for court fees; other specialists or experts etc.) will be required from you prior to the expense being incurred, but again your specialist advisor will explain this to you in detail and keep you apprised throughout your case.
You can try and limit your costs throughout your case by assisting your legal advisor with as much information as possible as and when it is required. Also, generally speaking, the more that you can agree with your ex either directly or through other means (i.e. with the assistance of family; Mediation or alternative dispute resolution), the more likely you will be able keep your legal costs down. In short, trying to keep acrimony to a minimum will be beneficial to you in relation to costs and being pragmatic in trying to reach a settlement is prudent.
It may be that you and your ex are able to settle matters relating to finances and the children yourselves and you just seek advice on the fairness of such agreement. The legal advisors at Gibson Young can advise you, negotiate amendments or draw up agreements and applications to the court to formalise the settlement to protect you in the long term. It is never advisable to leave matters (especially in respect of the finances) unresolved, as this could have massive implications for you in the future. A formal court order is almost always required, even if simply to ensure that no future claims are made.
In other cases, prior to starting the process of divorce, you may require legal intervention to deal with your spouse being uncooperative or dishonest; i.e. ‘hiding’ money or dissipating assets to avoid division on divorce. We will advise you on how best to deal with this and ensure that you receive robust advice to obtain a fair settlement.
Gibson Young can help you move forward with your divorce, and always work with you to help find the best solution in your individual circumstances. If you are considering a divorce, or would like to find out more about your options, please get in touch with our Family Law department on 020 7924 2919
or family@gibsonyoungsolicitors.com.
When families have stepchildren, issues of inheritance can become complicated and it is important to put a Will in place that accurately deals with the situation to avoid disputes. When families have both birth children and stepchildren, there is always a risk that someone could be left out if inheritance matters are not carefully considered. If someone dies without a Will, then depending on the circumstances, children or stepchildren could be disinherited. Providing for your children after your death If you wish to adequately provide for your children after your death, it is essential that you put a Will in place, particularly if you have remarried. In the event that you do not have a Will in place when you die, the bulk of your estate will pass under the Rules of Intestacy to your spouse. Even if you have written a Will, your children could still inherit nothing if you leave everything to your spouse, by virtue of what is known as ‘the sideways disinheritance trap.’ Understanding the sideways disinheritance trap Where a couple have left all of their estate to each other and one of them dies, there is a risk that their children may ultimately miss out on inheriting anything. If the surviving partner remarries, then any existing Will is automatically invalid. If the surviving partner dies without making a new Will, then most of their estate will pass to their new spouse, along with anything that they hold jointly together such as a property owned as joint tenants and any shared bank accounts. If the new spouse also dies without making a Will, the whole of the estate will be passed onto their children or other blood relatives, leaving the children of the original couple with nothing. The new spouse also has the option to make a new Will leaving the money where they wish, which could again exclude the first couple’s children. There is also a risk that the money will be spent, for instance, in a bad investment or in paying for care home fees. Fortunately, there is a way to deal with this that ensures that children will not be excluded. Leaving a life interest trust in your Will By leaving a life interest in your property and assets to your spouse, you can ensure that they can continue to live in any shared home for the rest of their life, but when they die, your interest will pass to those you have named in your Will, which would commonly be your own children from your first relationship. Providing for your stepchildren after your death If you wish to provide for stepchildren after your death, it is essential that you make a Will. If you die without making a Will, then your estate will be distributed to your family members in accordance with the Rules of Intestacy. The Rules do not make any provision for stepchildren. Others in a close relationship with you could also miss out, such as a cohabiting partner, as only blood relatives are included in the list of those who will inherit. In the event that you name your stepchildren in your Will, you should consider the position of any birth children you may have. If you do not leave them anything, then there is a chance that they could contest the Will under the Inheritance (Provision for Family and Dependants) Act 1975. Dealing with issues of inheritance can be complicated, especially when a stepfamily is involved. It is advisable to seek expert legal advice to ensure that the arrangements you make are legally sound and well thought-out and that they have the best chance of going unchallenged. Where a Will has been professionally prepared, it can minimise the risk of a disagreement arising after your death. Discussing matters with your family where possible can also help to prepare those involved and ensure that they understand what your wishes are and why you have made them. At Gibson Young we offer both legal expertise and outstanding client service. We are friendly and approachable and our advice is clear and straightforward. If you would like to speak to our expert Wills and probate team about having a bespoke Will drawn up, please get in touch by calling 020 7924 2919 or e-mail reception@gibsonyoungsolicitors.com . All initial enquiries are completely free of charge and without any obligation.
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Get sound legal advice from Gibson Young Solicitors.
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