• Second time lucky?

    Last week, John Torode and Lisa Faulkner had a beautiful wedding ceremony and legally married. John said that he has ‘officially married the girl of his dreams’. For both of them, this was not the first time they have been married. Circumstances around a second marriage are almost always more complicated than the first. There are often children from previous relationships to consider – John has 4 children from previous relationships and Lisa adopted a child with her ex-husband. Not only this, but you would have acquired assets such as property, savings, investments, pensions and businesses. So do second marriages …

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  • Thinking about Christmas…

    Although it is only just October and Christmas may still feel far away, for separated parents it is worthwhile spending sometime sorting out the holiday arrangements early, if this has not already been done. Christmas is a special and magical time for children and any conflict surrounding the arrangements can dampen the celebrations considerably.  Each December, we are contacted by clients who are having difficulty finalising the arrangements for the Christmas holidays.  Sometimes we are asked to sort things out as late as the week before Christmas, which can be incredibly stressful for parents (as well as the children). Some …

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  • What does normal look like?

    This is a question we are often asked by separating parents deciding how to agree the arrangements for their children. Parents often ask what other families do and what is considered usual or normal when deciding how many nights per week their children should spend with each of them, or how they should divide school holidays.   The advice that we often give is that there is no normal. Each family, and each child, is unique and therefore the arrangements that will be in their best interests will also be unique. What works for one child may not work for …

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  • Early Neutral Evaluations

    If you are trying to agree the arrangements for your children or your finances with your spouse/ex-partner directly, it is likely that you will be greatly assisted by obtaining an informed, neutral and expert opinion as to likely outcomes were your particular case to be brought before a court. At Family Law Associates we are pleased to offer Early Neutral Evaluations directly to members of the public who are trying to resolve their issues directly, or within mediation.   An Early Neutral Evaluation is a meeting which both parties would attend, and at which both parties would have an opportunity …

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  • Mediation-Arbitration – a helpful hybrid

    Mediation can be a very helpful process when a marriage breaks down. It is a process which allows people to reach solutions which they feel are best for them.   Sometimes, despite the best efforts of the parties and the mediator, it does not prove possible to agree all issues within the mediation process. There are times when some things can be agreed but others remain in dispute.   If there are things which are not agreed within mediation, the appropriate next steps need to be considered. This can sometimes be daunting for the people involved as many people believe …

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  • Resolution’s Parenting Charter

    As part of the Resolution Manifesto for Family Law, Resolution proposes a Parenting Charter which clearly sets out what children should be able to expect from their parents if they are separating, and what separating parents need to do in the best interests of their children.   This part of the manifesto differs from the other aspects (the full manifesto can be found here) as it does not call for a change in the law or public policy.  Resolution hopes that the charter will be a tool for lawyers, mediators and others working with separating couples, as well as for …

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  • Are we heading towards no-fault divorces?

    At present, the law sets out the circumstances in which a divorce can be obtained.  If a couple wishing to divorce would like to do so without apportioning blame against one another, the current law requires them to wait for a period of two years before they can proceed.  If they do not want to wait that long, then one of them will need to cite another reason for the divorce – usually either adultery or unreasonable behaviour.   The apportioning of blame can make an already difficult process much harder.  An element of unpleasantness can be introduced at a …

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  • Litigants in Person

    On 1st April 2013 the government withdrew legal aid for most family cases. The purported rationale behind this decision was to encourage people to use Alternative Dispute Resolution (ADR) such as mediation. This actual reason was to save money.   The problem is that where there are many cases in which ADR is appropriate, there are many cases in which it is not. It is also worth noting that even if you, as a client decide to attend mediation you will still need legal advice to understand your position and your options so that you can negotiate properly. You will …

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