mediation

DO PARENTS FAIL TO SEE THE EFFECT OF DIVORCE ON THEIR CHILDREN?

A new report by Netmums suggests that separating parents are in denial about the effect of the divorce on their children.  Netmums, the parenting organisation, surveyed a thousand parents and a hundred children separately and concluded that parents see their divorce very differently from their children. According to the report: Almost a third of under(…)

MEDIATING FAMILY FALLOUTS AFTER A DEATH

It is not commonly realised that if you live with someone to whom you are not married, if you do not make a Will leaving your assets to them, then on your death they will not automatically receive anything from your estate. Family arrangements are now increasingly complex.  People may have married and divorced, remarried(…)

CHANGES IN FAMILY LAW – A NEW DEDICATED FAMILY COURT

The Crime and Courts Act 2013 introduced the concept of a single Family Court, which will deal only with family matters.  This, it is anticipated, will be operational from April 2014.  The Family Court will deal with all family cases with the exception of two areas of law: those involving the jurisdiction of the High(…)

WHAT IS MEDIATION?

This might be a strange question as everyone assumes they know what mediation is.   But when you also have collaboration, arbitration and compromise, what exactly is mediation and how does it differ from the other approaches to problem-solving? With mediation there is generally one mediator with two people who have, for whatever reason, not been(…)

HIGH STREET LAWYERS TO DISAPPEAR?

Are lawyers about to disappear from the high street?  Are we going to have to introduce different ways to deliver legal advice – by email or telephone?  Is it going to become an expensive luxury to actually sit down face-to-face with a solicitor? The Co-operative Society have recently announced that it has recruited 3,000 high(…)

WHAT IS MEDIATION?

I think there is huge confusion with the term mediation, what does it mean, how much does it involve giving legal advice or information or does it just mean listening to two people arguing?  How does collaboration fit with mediation – what is the difference? I think as lawyers we have really failed to get(…)

IS A PAIN-FREE DIVORCE POSSIBLE?

I think the short answer to this is possibly not, unless it is a short marriage without children, then it might be, but even then I am sure one person will be more upset than the other if they are in some way on the receiving end of news that they did not want to(…)

THE CHANGING FACE OF DIVORCE

The Government seems to be more and more interested in how people get divorced,  and how to make the process less damaging and less expensive – primarily for the taxpayer rather than for the individuals concerned.  Courts are expensive institutions to operate – parties are encouraged to attend mediation before issuing any type of Court(…)

10 WAYS TO AVOID A DIVORCE LAWYER – Part 1

1)   Marry the right person. This may sound obvious, but it is amazing how many people really do marry the wrong person, or fail to take sufficient time to make sure they make the right decision. Far better to try and ensure a correct decision than have to undo the wrong on later. Divorce is(…)

CHANGING FAMILIES

We perhaps all know that the traditional nuclear family – mother, father and children that they have produced together, although possibly the “norm” is by no means the only concept of “family” which society recognises. With the increasing recognition of same sex relationships, other family arrangements are made and it follows too that when these(…)

NEW RULES FOR FAMILIES?

The Family Justice Review (“FJR”) was the long awaited report into the running of the family courts.  It came out at the end of November and in February the Government proposed changes to contact arrangements and this caught the headlines.  It is perhaps unfortunate that some of the other less provocative, but very sensible, proposals(…)

WHAT ARE FATHERS’ RIGHTS?

The Family Justice Review (“FJR”) came out at the end of last year, but due to its length it has taken some time for it to be digested and in February the Government proposed new laws to enshrine some of its principles.  This caused some press activity because the recommendation or suggestion that children should(…)

CHILDREN OFF TO UNIVERSITY? IS IT TIME FOR A DIVORCE?

It appears to be an ever increasing trend that people are divorcing later in life.  Many first time divorcees are now over the age of sixty.  When children leave for university or leave home for other reasons is often a trigger for people to re-evaluate their situation.  It is not uncommon for people then to(…)

MORE CONTACT FOR DADS?

There has been a lot of media response recently to the Family Justice Review looking into the issue of shared parenting and the government’s response to that.  The Family Justice Review chaired by David Norgrove actually stated that they did not feel legislation would be helpful because of their analysis of similar legislation introduced in(…)

COLLABORATIVE LAW IN ACTION

What does a typical case look like? Let us take a fairly typical example of a couple in business together – the husband is a builder or plumber and his wife is employed by the business doing the books or answering the telephone, in a part time support role as they have young children who(…)

COHABITANT’S RIGHTS ON DEATH

The Law Commission has published its recommendations on reforming the law on intestacy and family provision claims on death, which include a proposal that certain cohabitants should be entitled to inheritance rights when there is no Will.  The situation at the moment is that if you are living with someone to whom you are not(…)

WHAT IS SO SPECIAL ABOUT OUR OFFICES?

What is so special about our offices, situated as they are in beautiful countryside on the Warwickshire / Oxfordshire border, with amazing views over the Feldon Valley and, somewhat amazingly, a herd of Water Buffalo.  Well, for a start there is ample free parking, they are easy to find, just off the main Shipston to(…)

MEDIATION

As many of you will know, from 6 April 2011 the Ministry of Justice proposed that before anyone made an application to the court in relevant family proceedings (and this is not divorce – relevant means an application in relation to money matters or children issues), the person making the application should contact a mediator.(…)

WHO CARES FOR THE CHILDREN?

You may have heard the recent decision that legislation is not going to be introduced that gives the perception of a presumed favour of shared parenting when a relationship breaks down.  What does this mean? Whenever parties separate and there are children then a decision has to be made as to whom the children are(…)

COLLABORATION AND MEDIATION – WHAT IS THE DIFFERENCE?

There has been a lot of publicity recently about mediation in the context of divorce, but also a lot of misunderstanding. If you are thinking about divorce proceedings you do not have to go to mediation first, it is not compulsory. In April changes were introduced by the Government to encourage couples to consider alternatives(…)

ALL CHANGE AT THE FAMILY COURTS

From 6th April 2011 everything changed, or was said to have changed, in the family courts.  All the court forms were changed and the major innovation was the introduction of mediation – as though mediation something new!  Everyone contemplating a divorce or separation will have been through some form of mediation, even if they may(…)