Family Mediation Week 2024 Family Mediation Week runs from 22nd – 26th January 2024, organised by the Family Mediation Council and supported by Resolution, the idea is to raise awareness of Family Mediation and the constructive benefits of mediation within Family matters. The Courts should always be seen as a last resort and mediation, as an Alternative Dispute Resolution, can be effective for many people in resolving their dispute. Where appropriate, the Family Team at Browell Smith and Co, encourage parties to mediate. Mediation can be a far cheaper process than Court proceedings. The fact that parties are fully involved and engaged in mediation can make the process less acrimonious and the ultimate resolution far more palatable. Assistance with mediation may be available via Legal Aid or the Ministry of Justice’s Family Mediation Voucher Scheme which meets up to £500.00 of mediation costs for families should they need to discuss arrangements for children. If you currently have an ongoing issue and would like advice and assistance regarding the mediation process then please do not hesitate to contact our Family Team.
“The Engagement is off” – now what? Marriage is a huge commitment and sometimes couples do not get as far as saying, ‘I do’. It is a fact, in an ever increasing cohabiting society that, prior to an engagement, couples have spent a long time integrating their personal assets and finances in anticipation of the marriage. The truth is that engaged couples do not enjoy the same rights as married couples. The common law marriage concept is a myth. Therefore, legal advice must be obtained regarding what happens if separation occurs prior to marriage on a range of issues. Some of the common questions that need to be addressed are: What happens to the engagement ring? What happens to any jointly or solely owned property? Who will the children of the family live with and spend time with? Who will keep the pets and the arrangements for their costs? How can we help? The Family Team at Browells can help guide you through your separation or indeed help you plan for the future. It is always our recommendation that tailored advice is given to plan for the future. It can save couples a lot of stress and costs if they take a proactive approach to obtaining legal advice from the outset of cohabitation. The Team can be contacted on 0191 691 3418 or by email at family@browells.co.uk.
Is it always 50/50 when a marriage breaks down ? Often the most pressing concern for anyone embarking upon divorce proceedings is what the financial impact will be of the separation and divorce. The family finances can often become an extremely divisive issue, which can take its toll on the separating couple. Unfortunately, there is no standardised way to work out easily how the assets of the marriage should be divided. The current matrimonial legislation in England & Wales operates on a discretionary basis with the primary focus of the court being upon ensuring that the needs of the parties are met. This means that each case is different as all of the circumstances and differentials of each case need to be considered on a case by case basis and on their own merits. That being said, the starting point is equality and it is for each of the parties to the marriage to, if appropriate, put forward their case as to why there should be a departure from equality. In some cases an equal division of the assets will be appropriate and in others it will not. How is this achieved? The court is seeking to achieve an outcome which is fair and this may result in one of the parties being awarded a greater share than the other. In order for the legal representatives of the parties and the court to achieve an outcome that is fair, it is important that both parties have entered into full and frank disclosure of the financial assets and resources. Transparency as to each other’s financial needs and commitments can assist greatly when negotiating a division of the matrimonial assets. What factors can affect the division? The court will consider the following when applying their wide discretion to the division of the matrimonial assets: The welfare of any children of the family The available capital , income and other resources of each of the parties The parties financial needs and obligations The age of the parties and the length of the marriage Any physical or mental disability of either party The contributions made by each party to the welfare of the family, this can include looking after the home or caring for the family Every marriage is different and as such every matrimonial financial settlement is also different. How can we help? It is extremely important to ensure that you take legal advice regarding the financial matters relating to your divorce to ensure that you are advised and assisted in achieving a fair outcome. In circumstances where you have reached an agreement directly with your estranged spouse, it is highly recommended that you still seek legal advice on a potential financial agreement. The agreement should then be incorporated into a consent order for approval by the court to make it legally binding and enforceable. Legal advice prior to presenting it to the court can ensure that it is both fair and likely to be approved by the court. At Browell Smith & Co we aim to provide clear and tailored advice and assistance in respect of your specific family circumstances. Our family law solicitors are highly experienced in this area and able to advise and assist you in negotiating and/or making an application and representing you in the Family Court should it become necessary.