This week, two different stories regarding divorce from the perspective of gender. Firstly a group of women who feel they have been hard done by in the divorce courts have set up the First Wives Club (not to be confused with the film of the same name starring Goldie Hawn, Bette Midler and Diane Keaton). This new First Wives Club, led by divorcee Michelle Young, aims to help women whose husbands are alleged to have hidden substantial assets during divorce settlement discussions.
There are some people who believe that the system is stacked against women achieving a fair deal, as men are more likely to be the high earners, and therefore more able to hide their assets. It is fair to say that it can also happen that the husband simply drags his heels and takes so long that the wife just gives up in favour of getting what they can and moving on with their life, regardless of the legal advice given to her to 'hang on in there'.
On the other hand, this week has also seen the setting up of the first men-only law practice in the UK, presumably as a reaction to the feeling that actually women DO get a good deal through divorce in the UK. It’s an idea that has come from (where else?) the USA. There is concern amongst UK lawyers that 'all male' firms will promote a false idea of an unfair legal system. The firm in question, Cordell & Cordell, goes with the slogan ‘we’re going to help you keep the dollars you earned.”
Presumably the First Wives Club would beg to differ…
Monday, 18 May 2015
Monday, 11 May 2015
Surrogacy laws in need of an overhaul
A woman labelled ‘duplicitous and manipulative’ has been ordered to hand her toddler daughter over to a gay couple after tricking them into believing they were entering an informal surrogacy arrangement just so that she could get pregnant.
Ms Justice Russell found that, although there had been no formal written surrogacy agreement, the woman led her long-standing gay friend (who desperately wanted children) into believing she would be a surrogate for him and his partner. Emails produced in court show the conversations from which it was apparent that this was the arrangement.
When the gay couple sought to complete the arrangement and have their daughter, the mother resorted to a smear campaign against the couple, both in court documents and on social media. This led to the ruling, the first of its kind in England and Wales, where Ms Justice Russell ruled that the daughter was “more likely than not to suffer harm” if she were brought up by her obsessive mother rather than by her father and his partner.
Whilst this case is perhaps more sensational than most, it does show the lack of clear law in this area, meaning that the gay couple in this case had to go to court to gain redress. Ms Justice Russell said that the case exposed the lack of a proper legal framework for surrogacy cases in the UK, unlike in the US where the process is much more formalised.
Although most surrogacy cases do complete amicably, any arrangement is not legally enforceable in the UK if the surrogate changes her mind.
Anyone considering entering into a surrogacy arrangement needs to think VERY carefully and consider all the possible outcomes.
Ms Justice Russell found that, although there had been no formal written surrogacy agreement, the woman led her long-standing gay friend (who desperately wanted children) into believing she would be a surrogate for him and his partner. Emails produced in court show the conversations from which it was apparent that this was the arrangement.
When the gay couple sought to complete the arrangement and have their daughter, the mother resorted to a smear campaign against the couple, both in court documents and on social media. This led to the ruling, the first of its kind in England and Wales, where Ms Justice Russell ruled that the daughter was “more likely than not to suffer harm” if she were brought up by her obsessive mother rather than by her father and his partner.
Whilst this case is perhaps more sensational than most, it does show the lack of clear law in this area, meaning that the gay couple in this case had to go to court to gain redress. Ms Justice Russell said that the case exposed the lack of a proper legal framework for surrogacy cases in the UK, unlike in the US where the process is much more formalised.
Although most surrogacy cases do complete amicably, any arrangement is not legally enforceable in the UK if the surrogate changes her mind.
Anyone considering entering into a surrogacy arrangement needs to think VERY carefully and consider all the possible outcomes.
Monday, 27 April 2015
Blame free divorce on the way?
Currently in the UK in order to get a divorce you either have to have been living apart for two years, or there has to be fault. The fault can be ‘unreasonable behaviour’ or ‘adultery’
Now it is being suggested, in a manifesto put forward by Resolution (the organisation representing family lawyers) that blame-free divorces should be introduced, paving the way for a more harmonious divorce process.
The Resolution paper calls for six areas of change in all:
You’ll have noticed, from my recent posts, that we are ahead of the manifesto in that we already offer free initial advice in separation (and childcare) cases. Simply email me or check out our website for more information.
In the future maybe all divorces can be less fraught, more amicable, and distinctly civilised!
Now it is being suggested, in a manifesto put forward by Resolution (the organisation representing family lawyers) that blame-free divorces should be introduced, paving the way for a more harmonious divorce process.
The Resolution paper calls for six areas of change in all:
- Blame free divorce so that the parties can just agree to divorce.
- A parenting charter - making it clear what separating couples need to do to keep children protected in the time of the divorce or separation.
- For families to receive the support they need following Legal Aid cuts and changes to service providers like the CMS.
- Helping people understand how divorce will affect their finances in the future.
- Making mediation more widely available to enable couples to avoid court.
- Free initial advice to those separating.
You’ll have noticed, from my recent posts, that we are ahead of the manifesto in that we already offer free initial advice in separation (and childcare) cases. Simply email me or check out our website for more information.
In the future maybe all divorces can be less fraught, more amicable, and distinctly civilised!
Monday, 20 April 2015
Judge stresses need for representation in emotive cases
In a recent case at Medway Family Court, Her Honour Judge Hammerton has said that the absence of legal aid funding had ‘undoubtedly’ placed the father at a disadvantage.
She also highlighted the emotional pressures on self-represented litigants and that if they continued unrepresented they might behave in ways they could later regret as feelings ran high.
The father had been denied Legal Aid funding (following the cuts two years ago) and was seeking to discharge a care order over his 12 year old son.
Another interesting fact to emerge from this case was that it was listed for a three-day hearing, the Judge having noticed that each previous hearing had significantly overrun its allotted time. This can often happen in cases with litigants in person as further explanations are required and those litigants may not be as succinct as a lawyer could be.
In the event, in this particular case, a Good Samaritan lawyer stepped in to represent the father free of charge, and the proceedings were dealt with in just half a day.
If you find yourself unable to afford a lawyer and facing proceedings in court, there are two ways we can help you:
Firstly, we offer a free advice clinic - for matters around divorce, separation, children, finances and civil partnerships. This runs on Thursdays in our Cowbridge office from 2-5pm. If you would like to find out how we can help you with free advice, please email me.
Secondly, we offer an advocacy service where we attend you at court - you can simply pay a fixed rate for one of our experienced advocacy solicitors to accompany you to Court and speak on your behalf. For further details, have a look at our web site, or email me.
She also highlighted the emotional pressures on self-represented litigants and that if they continued unrepresented they might behave in ways they could later regret as feelings ran high.
The father had been denied Legal Aid funding (following the cuts two years ago) and was seeking to discharge a care order over his 12 year old son.
Another interesting fact to emerge from this case was that it was listed for a three-day hearing, the Judge having noticed that each previous hearing had significantly overrun its allotted time. This can often happen in cases with litigants in person as further explanations are required and those litigants may not be as succinct as a lawyer could be.
In the event, in this particular case, a Good Samaritan lawyer stepped in to represent the father free of charge, and the proceedings were dealt with in just half a day.
If you find yourself unable to afford a lawyer and facing proceedings in court, there are two ways we can help you:
Firstly, we offer a free advice clinic - for matters around divorce, separation, children, finances and civil partnerships. This runs on Thursdays in our Cowbridge office from 2-5pm. If you would like to find out how we can help you with free advice, please email me.
Secondly, we offer an advocacy service where we attend you at court - you can simply pay a fixed rate for one of our experienced advocacy solicitors to accompany you to Court and speak on your behalf. For further details, have a look at our web site, or email me.
Monday, 13 April 2015
Labour makes a commitment to review the Child Maintenance Service
It can't have escaped your attention that there is a General Election looming. Labour (if it wins) has pledged to review the way the Child Maintenance Service is working.
Child maintenance is financial support towards your child’s everyday living costs when you’ve separated from the other parent. You and your ex-partner can arrange child maintenance yourself if you can agree. This is called a ‘family-based arrangement’, it is a private way to sort out child maintenance with the parents arranging everything themselves and where no-one else has to be involved. The Child Maintenance Service is for when you and the other parent can’t agree to a family-based arrangement.
Gingerbread, which offers advice to and campaigns for single parents, has welcomed Labour's pledge.
Gingerbread Chief Executive Fiona Weir said:
"We welcome Labour's commitment to carry out an immediate review of the new Child Maintenance Service and its system of charging.
"Getting regular child maintenance payments can make a huge difference to children, but less than half of separated families have any arrangement in place."
Child maintenance is something that we are involved in through our Family Department. If you have any concerns or worries in this area, do please get in touch with us. Remember that we offer FREE advice in our weekly clinics on Thursdays in Cowbridge, so you can just come and pick our brains. Give us a ring on 01446 774151 to reserve your place in the clinic, or email me
Child maintenance is financial support towards your child’s everyday living costs when you’ve separated from the other parent. You and your ex-partner can arrange child maintenance yourself if you can agree. This is called a ‘family-based arrangement’, it is a private way to sort out child maintenance with the parents arranging everything themselves and where no-one else has to be involved. The Child Maintenance Service is for when you and the other parent can’t agree to a family-based arrangement.
Gingerbread, which offers advice to and campaigns for single parents, has welcomed Labour's pledge.
Gingerbread Chief Executive Fiona Weir said:
"We welcome Labour's commitment to carry out an immediate review of the new Child Maintenance Service and its system of charging.
"Getting regular child maintenance payments can make a huge difference to children, but less than half of separated families have any arrangement in place."
Child maintenance is something that we are involved in through our Family Department. If you have any concerns or worries in this area, do please get in touch with us. Remember that we offer FREE advice in our weekly clinics on Thursdays in Cowbridge, so you can just come and pick our brains. Give us a ring on 01446 774151 to reserve your place in the clinic, or email me
Tuesday, 10 March 2015
In sickness and in health?
Research recently published in the Journal of Health and Social Behaviour seems to indicate that husbands are more likely than wives to seek divorce if their partner falls sick.
Although most marriage vows promise to love ‘in sickness and in health’ it seems that this isn’t always the case.
Promising at the altar to have and to hold your loved one, in sickness and in health, may seem like a straightforward pledge.
After tracking 2,700 couples in the US from 1992 to 2010, the American team who completed the study found that divorce levels were roughly the same between healthy couples and those in which the husband suffered sickness.
But when it was the wife who became ill, the likelihood of divorce rose.
There may be various reasons for this:-
One party being ill isn’t grounds for divorce, but the changes in behaviour that arise during or after illness may well mean that the marriage is never the same again.
A good reason to keep healthy, methinks!
Although most marriage vows promise to love ‘in sickness and in health’ it seems that this isn’t always the case.
Promising at the altar to have and to hold your loved one, in sickness and in health, may seem like a straightforward pledge.
After tracking 2,700 couples in the US from 1992 to 2010, the American team who completed the study found that divorce levels were roughly the same between healthy couples and those in which the husband suffered sickness.
But when it was the wife who became ill, the likelihood of divorce rose.
There may be various reasons for this:-
- Financial - if the wife was also earning, suddenly there is a strain on finances so the split then becomes about money, not sickness.
- Men maybe aren’t so good at being the carer - and maybe the wife realises that she can’t rely on her spouse like she thought she could.
- Some men simply can’t cope when their wife gets very seriously ill - they may stop working and earning and this will change the relationship.
- If the wife has been ill and recovers, the dynamic in the marriage has changed. I know of one colleague who was very unwell and her husband liked being the breadwinner, the sole provider, and having a quiet compliant wife. When she got better and found her voice again, he didn’t much like the ‘new improved version with opinions’ and the marriage fell apart.
One party being ill isn’t grounds for divorce, but the changes in behaviour that arise during or after illness may well mean that the marriage is never the same again.
A good reason to keep healthy, methinks!
Monday, 2 March 2015
Get a job!
A landmark ruling last week has perhaps ended the expectation that women can stay home indefinitely and be supported by former husbands.
The case, heard in the Court of Appeal, was between Tracey Wright, a 51 year old mother of two and her former husband, millionaire horse vet Malcolm Wright, now 59. Last year in the divorce settlement Tracey Wright was awarded a £450,000 mortgage-free house and £75,000 a year to cover maintenance and private school fees.
However, Mr Wright took the settlement to appeal, worried that he might not be able to continue to fund this lifestyle once he retires, whilst she made 'no effort whatsoever to seek work'.
Lord Justice Pitchford, sitting at the Court of Appeal, told Mrs Wright to 'just get on with it' and get a job, like 'vast numbers of other women with children'. He also made it clear that women with 'children over the age of 7' should all make the effort to work.
This ruling will undoubtedly be replicated in courts across the country, and it is expected that a number of ex-husbands will return to court to reduce or cancel their existing maintenance orders. It is of no matter that the parties in this case were millionaires - the ruling will filter down to you and I too.
If you are currently supported by an ex-partner and feel you may be affected by this, do get in touch. Remember we have a FREE weekly clinic now so that you can come and find the advice you need without having to part with a penny. Call 029 2039 5888 for more details.
The case, heard in the Court of Appeal, was between Tracey Wright, a 51 year old mother of two and her former husband, millionaire horse vet Malcolm Wright, now 59. Last year in the divorce settlement Tracey Wright was awarded a £450,000 mortgage-free house and £75,000 a year to cover maintenance and private school fees.
However, Mr Wright took the settlement to appeal, worried that he might not be able to continue to fund this lifestyle once he retires, whilst she made 'no effort whatsoever to seek work'.
Lord Justice Pitchford, sitting at the Court of Appeal, told Mrs Wright to 'just get on with it' and get a job, like 'vast numbers of other women with children'. He also made it clear that women with 'children over the age of 7' should all make the effort to work.
This ruling will undoubtedly be replicated in courts across the country, and it is expected that a number of ex-husbands will return to court to reduce or cancel their existing maintenance orders. It is of no matter that the parties in this case were millionaires - the ruling will filter down to you and I too.
If you are currently supported by an ex-partner and feel you may be affected by this, do get in touch. Remember we have a FREE weekly clinic now so that you can come and find the advice you need without having to part with a penny. Call 029 2039 5888 for more details.
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