Getting divorced inevitably involves some costs – both because of the need to split assets between you and your partner, and through legal fees. But there can be hidden costs too, which may not materialise until further down the line. There could even be financial implications years later, unless you arrange the ending of a marriage in the right way from the outset, with the advice of a good divorce solicitor Ipswich solicitors Barker Gotelee. Take a look at how some of these hidden costs might arise and how they can be minimised or avoided altogether.
As family solicitors serving clients across East Anglia, we are able to provide expert guidance to people embarking on divorce. Contact us now for more information on our services.
Future Claims
A divorce settlement which is incomplete in some way can mean that one or other partner can make further claims many years down the line. For instance, this can happen if pension pots or property ownership are not taken into account when arranging the split of assets.
This can arise from quickie online divorces which may not have properly assessed both parties’ assets and future income requirements. There is a risk that a court could later decide such a financial agreement is not fair and reasonable for the circumstances of the case, meaning it has to be negotiated all over again.
The best way to avoid this is to ensure a financial settlement is drawn up in a way to avoid it being thrown into doubt later. This requires input from an expert family solicitor, based locally in Suffolk, who can ensure the wording and terms of the settlement are designed to prevent future claims.
Drawn-out Proceedings
The longer it takes to reach a settlement, the higher the legal fees will be and, in particular, costs can build up if court appearances are needed. Going into the courtroom not only means stress for all concerned, but also extra costs, including those for solicitor time as well as court fees.
In addition, there may be other associated costs such as bills for travel, the need to take time off work, and perhaps extra childcare costs resulting from time spent on legal proceedings. For all these reasons, it pays to settle quickly, providing the settlement has been reached in a thorough way, and to stay out of court if possible.
Hidden Assets
Some people who are divorcing may be tempted to keep some assets separate and avoid them being considered in the settlement. However, anyone attempting to hide or obfuscate assets, including property and bank accounts, runs a high risk that when they are discovered any settlement to date will be invalid.
As well as having to reassess the settlement, involving more time and money on all sides, there is a high likelihood of prosecution for the partner who has tried to hide assets. This could result in damage to business and income, fines or even time in prison. Hiding assets in the modern world is becoming increasingly hard and courts are clamping down hard on attempts to do so, and on the use of legal loopholes to exclude assets from divorce settlements.
Long Term Stress
Divorce or family break-up is hard enough even if the whole process goes smoothly. Obstructing or delaying the process simply adds to the time it all takes, increasing not only legal costs, but also the distress caused. While it may not appear to be a financial cost, long-term stress can have significant financial impact going forward.
Stress and an ongoing sense of injustice can have a serious impact on health, which may then have knock-on effects on your ability to earn income and run a business. This means that, by seeking expert legal advice to help you reach a quick settlement, you will be protecting both your own health and that of your finances.
How You and Your Divorce Solicitor Can Help Minimise All These Costs
Both solicitor and client have a role to play in helping to reach a settlement that is thorough and which minimises the possibility of future claims. This will allow you to move on and put this period of stress behind you.
If you are open from the start and give your family solicitor a full picture of your assets and requirements, it will be easier to draw up a settlement which will be acceptable to a court and may make a court appearance unnecessary. It will also help to create a resolution which both sides can accept, minimising any sense of injustice.
The best way forward is to find solicitors who will take a co-operative approach. This will help to ensure that the legal proceedings are not unnecessarily stressful, and direct and indirect costs are kept down. Family solicitors taking this type of approach can help to achieve a mediated settlement, including childcare arrangements where necessary.
Barker Gotelee emphasises the importance of collaboration and is able to arrange mediation services. As experienced divorce solicitors serving clients in Ipswich, Woodbridge, Aldeburgh and other areas of East Anglia, we can guide you through all aspects of family law. Contact us now for an initial discussion.
Wednesday, 21 May 2014
Wednesday, 23 April 2014
The Children and Families Act 2014 – Key Measures
The Children and Families Act 2014 received royal assent in March. It means a number of significant changes to the rights of children and families will now come into force over the coming months, which are likely to affect people consulting family solicitors in Suffolk and nationwide.
The main focus of the changes is on supporting and improving family life. One important aim is to ensure that the rights and voice of the child are taken more into account when decisions affecting them are being made by official bodies. Another is to reduce delays in the legal system, and so avoid parents and children being left in an unsettling limbo for long periods.
As expert family solicitors, Suffolk-based Barker Gotelee can guide you through the whole legal process if a marriage or civil partnership is coming to an end, including arrangements for children. We can also help with a range of other matters affecting children such as school appeals. Here we look at some of the major changes in the Children and Family Act and what this new legislation means for you.
Family Solicitors Suffolk – Click to see how Barker Gotelee can help you.
Changes to Family Justice
Family breakdown is one area being addressed by the new law. It will now normally be a legal requirement for couples who are separating to go to an initial mediation and assessment meeting (MIAM). This will give them a chance to find out about all the alternative dispute resolution services available to them and whether one of these services can be used first, before taking the decision to go to court over child contact arrangements or a financial settlement. Going to court can make family break-up more distressing, especially for children, so, when choosing family solicitors locally in Suffolk, it is a good idea to look for a firm which takes a co-operative approach and can arrange mediation services.
As well as promoting mediation, the Act says courts will aim for both parents to continue to be involved in children's lives – as long as this is in line with their safety and welfare. A 26-week time limit is also being introduced in care proceedings, to ensure decisions are made quickly and families do not face long periods of damaging uncertainty.
Adoption and Fostering
At present, long delays are sadly the norm for the 6,000 children in the UK awaiting adoption. On average, they wait nearly two years in the care system before they move in with their new family. This is a very long period in a child's life. It is also harder for older children to be adopted – meaning the delays can destroy their chances of finding a new family.
The Government wants to speed up the system and also to make it possible for more children in care to be adopted than is the case at present. Support for adoptive parents is being improved under the new law, and fostering with a view to adoption is being promoted. Another change is that young people being fostered will now have the right to stay with foster families up to the age of 21 rather than 18.
Education of Children in Care
Children in care often do less well in school than youngsters living with their own families. One problem is that most schools will only have one or two children in care on the roll, so there may be no staff with expertise in this area. Under the Act, every local education authority must now appoint a “virtual school head” to oversee the education of looked-after children. The VSH is a teacher with specialist experience who will support school heads and schools to ensure the needs of children in care are met.
Workplace Rights and Childcare
Rights to request flexible working are being extended to all workers, not just parents of young children and some carers. The maternity leave system is also being changed to one of parental leave, with the right for parents to share paid time off after the birth of a baby. Partners will also have the right to take time off work to accompany pregnant women to ante-natal appointments, and there will be new statutory rights for paid adoption leave.
Another change which will be important for working parents is an overhaul of the childcare system, which aims to make more affordable childcare available. Childminder agencies are being introduced and schools are being encouraged to offer extra care sessions.
Children with Special Educational Needs
The system of educational statements for young people with special needs and disabilities is being changed. In place of old-style statements, each child will have an Education, Health and Care Plan going up to the age of 25, with the aim being for all authorities involved to work more closely together. Families can also be offered personal budgets and direct payments to fund their child's care.
About Barker Gotelee
As family solicitors based in Suffolk, Barker Gotelee already takes a collaborative approach and welcomes the focus on mediation in the new Act. We can advise you on all aspects of family law, including separation and divorce. Based in Ipswich, we serve clients in Martlesham and Woodbridge and across East Anglia.
Barker Gotelee Solicitors in East Anglia – Contact us now for more information about our service.
The main focus of the changes is on supporting and improving family life. One important aim is to ensure that the rights and voice of the child are taken more into account when decisions affecting them are being made by official bodies. Another is to reduce delays in the legal system, and so avoid parents and children being left in an unsettling limbo for long periods.
As expert family solicitors, Suffolk-based Barker Gotelee can guide you through the whole legal process if a marriage or civil partnership is coming to an end, including arrangements for children. We can also help with a range of other matters affecting children such as school appeals. Here we look at some of the major changes in the Children and Family Act and what this new legislation means for you.
Family Solicitors Suffolk – Click to see how Barker Gotelee can help you.
Changes to Family Justice
Family breakdown is one area being addressed by the new law. It will now normally be a legal requirement for couples who are separating to go to an initial mediation and assessment meeting (MIAM). This will give them a chance to find out about all the alternative dispute resolution services available to them and whether one of these services can be used first, before taking the decision to go to court over child contact arrangements or a financial settlement. Going to court can make family break-up more distressing, especially for children, so, when choosing family solicitors locally in Suffolk, it is a good idea to look for a firm which takes a co-operative approach and can arrange mediation services.
As well as promoting mediation, the Act says courts will aim for both parents to continue to be involved in children's lives – as long as this is in line with their safety and welfare. A 26-week time limit is also being introduced in care proceedings, to ensure decisions are made quickly and families do not face long periods of damaging uncertainty.
Adoption and Fostering
At present, long delays are sadly the norm for the 6,000 children in the UK awaiting adoption. On average, they wait nearly two years in the care system before they move in with their new family. This is a very long period in a child's life. It is also harder for older children to be adopted – meaning the delays can destroy their chances of finding a new family.
The Government wants to speed up the system and also to make it possible for more children in care to be adopted than is the case at present. Support for adoptive parents is being improved under the new law, and fostering with a view to adoption is being promoted. Another change is that young people being fostered will now have the right to stay with foster families up to the age of 21 rather than 18.
Education of Children in Care
Children in care often do less well in school than youngsters living with their own families. One problem is that most schools will only have one or two children in care on the roll, so there may be no staff with expertise in this area. Under the Act, every local education authority must now appoint a “virtual school head” to oversee the education of looked-after children. The VSH is a teacher with specialist experience who will support school heads and schools to ensure the needs of children in care are met.
Workplace Rights and Childcare
Rights to request flexible working are being extended to all workers, not just parents of young children and some carers. The maternity leave system is also being changed to one of parental leave, with the right for parents to share paid time off after the birth of a baby. Partners will also have the right to take time off work to accompany pregnant women to ante-natal appointments, and there will be new statutory rights for paid adoption leave.
Another change which will be important for working parents is an overhaul of the childcare system, which aims to make more affordable childcare available. Childminder agencies are being introduced and schools are being encouraged to offer extra care sessions.
Children with Special Educational Needs
The system of educational statements for young people with special needs and disabilities is being changed. In place of old-style statements, each child will have an Education, Health and Care Plan going up to the age of 25, with the aim being for all authorities involved to work more closely together. Families can also be offered personal budgets and direct payments to fund their child's care.
About Barker Gotelee
As family solicitors based in Suffolk, Barker Gotelee already takes a collaborative approach and welcomes the focus on mediation in the new Act. We can advise you on all aspects of family law, including separation and divorce. Based in Ipswich, we serve clients in Martlesham and Woodbridge and across East Anglia.
Barker Gotelee Solicitors in East Anglia – Contact us now for more information about our service.
Wednesday, 19 March 2014
What the new Single Family Court Will Mean for Families and Children
The Family Law Review of 2011 by Sir David Norgrove identified a range of problems with the current state of Family Law, addressing many issues which have been highlighted by solicitors in Suffolk and across the UK. It suggested setting up a new Single Family Court as a response and a solution to the identified problems, to make the whole system run in a more streamlined way and avoid delays, which can have a damaging effect on children in particular. This new court is in the process of being set up now and is due to begin work the end of April 2014.
As family solicitors in Suffolk, we at Barker Gotelee already promote a co-operative approach and work to take as much stress as possible out of separation, divorce and other legal proceedings involving parents and children. Here we take a look at the new court system and what it will mean for you.
Family Law Justice – The Need for Change
There are a number of difficulties with the existing system, which led to Sir David's review being launched. One of the most damaging is a 'culture of delay', which adds to the strain on families, especially children, as they are left for long periods not knowing what the final arrangements will be and having to make do with temporary arrangements which may be less than satisfactory.
Related to this is a failure to listen to the voice of the child. There is a perception that children's views are not being adequately taken into account, and young people are not being given enough or appropriate guidance when directly involved in proceedings.
Another problem with current family law is that the way proceedings are constructed is adversarial. This is because they are currently based on the type of framework, involving opposing arguments, which is traditionally employed for other types of legal case. This element of conflict has been identified as damaging for many family law cases, where the interests of children are often best met through co-operation and finding workable arrangements, rather than just by "winning” or “losing” cases.
The New Family Court
One main aim of the new system is to “replace and simplify existing arrangements”, with the introduction of a Single Family Court in place of the various family law-related bodies which operate at the moment. These include the Family Proceedings Court as well as local county courts and the High Court, and it can cause confusion all round when a case has to go through various tiers, as well as adding to the expense of the whole process.
The Government is hoping that introducing a single court will cut down on delays – which leave families in limbo and uncertainty, and can lead to emotional as well as financial distress for both parents and children. Much of the set-up of the new court addresses case management and puts in place various systems aimed at making the progression of cases smoother and faster. This includes making sure that cases are allocated to the most suitable level of judges, or lay magistrates, at the outset, so that there is no need for them to be sent to a different bench or judge for a subsequent hearing.
Another aim is to "improve outcomes for children". This means that the way cases are managed and the timetable over which they take place will be set by reference to "good practice" and especially based on the needs of the child. Again, the focus is on making timely decisions, without cases dragging on for unnecessary months or years due to technical legal arguments. The new court system is intended to promote a new culture that is more appropriate for Family Law cases, addressing the adversarial issue and making the whole process more co-operative.
The intention is to provide a more co-ordinated and efficient process, with a network of local Family Court Centres, which will be based around care centres instead of the two being separate. Each centre will usually include “hub courts”, together with other satellite venues to give families local access without the need for unnecessary travelling. The various support functions and admin will be brought together in the hub courts, helping to simplify and streamline the process.
The Children and Families Bill 2014
This bill isexpected to receive Royal Assent in Easter 2014. A key goal is to "limit care cases to 26 weeks" for the majority of cases. However, there are also a number of other measures proposed, including: speeding the adoption process, transforming the system of support for young people with special educational needs, and making changes to arrangements for parental leave.
The new Single Family Court set up has been arranged with this bill in mind, to help deliver the new measures in a way which will work better for both parents and children. The main idea of all the changes is to ensure that the legal system works in a more co-operative and family friendly way.
As experienced family solicitors, Ipswich-based Barker Gotelee are looking forward to the new system, which will promise a legal process more attuned to the needs of families.
About Barker Gotelee
We are a long-established firm of solicitors in Suffolk, with a family law department which provides sensitive and expert advice. Based in Ipswich, we serve both private and commercial clients across East Anglia.
Family Law Solicitors Suffolk – If you are looking for a solicitor based locally in East Anglia, click here to find out more about our services.
As family solicitors in Suffolk, we at Barker Gotelee already promote a co-operative approach and work to take as much stress as possible out of separation, divorce and other legal proceedings involving parents and children. Here we take a look at the new court system and what it will mean for you.
Family Law Justice – The Need for Change
There are a number of difficulties with the existing system, which led to Sir David's review being launched. One of the most damaging is a 'culture of delay', which adds to the strain on families, especially children, as they are left for long periods not knowing what the final arrangements will be and having to make do with temporary arrangements which may be less than satisfactory.
Related to this is a failure to listen to the voice of the child. There is a perception that children's views are not being adequately taken into account, and young people are not being given enough or appropriate guidance when directly involved in proceedings.
Another problem with current family law is that the way proceedings are constructed is adversarial. This is because they are currently based on the type of framework, involving opposing arguments, which is traditionally employed for other types of legal case. This element of conflict has been identified as damaging for many family law cases, where the interests of children are often best met through co-operation and finding workable arrangements, rather than just by "winning” or “losing” cases.
The New Family Court
One main aim of the new system is to “replace and simplify existing arrangements”, with the introduction of a Single Family Court in place of the various family law-related bodies which operate at the moment. These include the Family Proceedings Court as well as local county courts and the High Court, and it can cause confusion all round when a case has to go through various tiers, as well as adding to the expense of the whole process.
The Government is hoping that introducing a single court will cut down on delays – which leave families in limbo and uncertainty, and can lead to emotional as well as financial distress for both parents and children. Much of the set-up of the new court addresses case management and puts in place various systems aimed at making the progression of cases smoother and faster. This includes making sure that cases are allocated to the most suitable level of judges, or lay magistrates, at the outset, so that there is no need for them to be sent to a different bench or judge for a subsequent hearing.
Another aim is to "improve outcomes for children". This means that the way cases are managed and the timetable over which they take place will be set by reference to "good practice" and especially based on the needs of the child. Again, the focus is on making timely decisions, without cases dragging on for unnecessary months or years due to technical legal arguments. The new court system is intended to promote a new culture that is more appropriate for Family Law cases, addressing the adversarial issue and making the whole process more co-operative.
The intention is to provide a more co-ordinated and efficient process, with a network of local Family Court Centres, which will be based around care centres instead of the two being separate. Each centre will usually include “hub courts”, together with other satellite venues to give families local access without the need for unnecessary travelling. The various support functions and admin will be brought together in the hub courts, helping to simplify and streamline the process.
The Children and Families Bill 2014
This bill isexpected to receive Royal Assent in Easter 2014. A key goal is to "limit care cases to 26 weeks" for the majority of cases. However, there are also a number of other measures proposed, including: speeding the adoption process, transforming the system of support for young people with special educational needs, and making changes to arrangements for parental leave.
The new Single Family Court set up has been arranged with this bill in mind, to help deliver the new measures in a way which will work better for both parents and children. The main idea of all the changes is to ensure that the legal system works in a more co-operative and family friendly way.
As experienced family solicitors, Ipswich-based Barker Gotelee are looking forward to the new system, which will promise a legal process more attuned to the needs of families.
About Barker Gotelee
We are a long-established firm of solicitors in Suffolk, with a family law department which provides sensitive and expert advice. Based in Ipswich, we serve both private and commercial clients across East Anglia.
Family Law Solicitors Suffolk – If you are looking for a solicitor based locally in East Anglia, click here to find out more about our services.
Tuesday, 25 February 2014
Seven Ways to Lessen the Emotional Impact of a Divorce
The advent of a New Year is a time when many people re-evaluate their lives, and their marriages, and unfortunately the first few months of the year are when some people think about consulting divorce solicitors. Separating is a painful decision to make, and many people face their marriage breakdown with a mix of loss, anger, bitterness, sadness, guilt, fear, resentment, stress, panic and in some cases, low self-esteem.
Although a divorce is without a doubt one of the most stressful and complicated events in a person’s life, once this has been finalised you can look forward to rebuilding your life and creating a brighter future.
Barker Gotelee’s divorce solicitors in Ipswich are experienced in guiding you through the divorce process and achieving the best possible outcome. We deal with divorce issues as sensitively as possible, and if you feel that as a couple you are at an impasse and cannot achieve an agreement, we can also arrange mediation services.
Divorce Solicitors Ipswich – click here to find out how Barker Gotelee family law solicitors can put your best interests forward.
Reducing the Emotional Impact – How We Can Help
If you feel a divorce is the only way forward in the New Year, you are not alone, as January is the most common month when people consult divorce solicitors in the UK. In most cases, there is no single reason or event triggering this decision; instead it may be that your lives have simply drifted apart. After a stressful festive period, you may feel that as a couple, the connection is no longer there.
Statistics for 2013 showed that while less than 5 per cent of divorces are initiated by men, nearly 70 percent are initiated by women, and the rest are by couples. While some people feel that they can rebuild their marriage through therapy sessions with organisations such as Relate, others feel that their marriage has no chance of being rebuilt.
If you feel you have reached the stage where you need to consult divorce solicitors in Ipswich, the emotional impact of this decision can be devastating, for both the petitioner and the respondent. This article provides some practical information on how to minimise the emotional impact of a divorce:
Accept the reality of the situation – Look back over the reasons for your divorce and try to understand what went wrong, and why and how you have both changed. It is unlikely that your separation is down to one single event, instead, it is likely that you have lost your connection over time. Understanding the reasons why you are divorcing and coming to terms with it is one way to help you move forward.
Communicate with your former partner – Communication goes a long way to helping to resolve issues and to achieve the best possible outcome for each party, both financially and in terms of making arrangements for any children involved. If you don’t feel you can reach an agreement, you may want to consider mediation.
Try to keep your emotions in check – When tensions are fraught, it can be hard to manage your emotions, but try to do this as best you can, especially in front of the children. In the vast majority of cases it is in the best interests of the children to have access to both parents - after all they are not the ones who are divorcing. Again, mediation is possible if you can’t reach an agreement.
Find a good divorce solicitor in Ipswich – Finding a good divorce lawyer who will help you understand the legal process, and provide you with the best possible outcome, is the first step towards rebuilding your future. Barker Gotelee solicitors are specialists in divorce and the ending of civil partnerships. In recognition that no two divorces are the same, we deal with each case on an individual basis.
Talk things through with friends and family – As with any major event in your life, it is important not to go through it alone, and instead to have a third party to confide in and talk things through. If you don’t feel that you can turn to friends or family, you may want to consider counselling, if you feel that you need this.
Think over all the practical matters – Consider how to tackle all the practical issues that you may have to deal with after your marriage breakdown. Set positive goals for the future – It is important to set some goals to help lift your mood.All these steps can be big confidence boosters and will help you look forward to a brighter future.
About Barker Gotelee Solicitors
Barker Gotelee divorce solicitors in Ipswich are experienced family law solicitors who will help ease the process of your divorce. Our services include financial settlements and helping parents who are no longer together to make arrangements for their children.
Barker Gotelee Solicitors – click here to find out more about what we can do for you.
Although a divorce is without a doubt one of the most stressful and complicated events in a person’s life, once this has been finalised you can look forward to rebuilding your life and creating a brighter future.
Barker Gotelee’s divorce solicitors in Ipswich are experienced in guiding you through the divorce process and achieving the best possible outcome. We deal with divorce issues as sensitively as possible, and if you feel that as a couple you are at an impasse and cannot achieve an agreement, we can also arrange mediation services.
Divorce Solicitors Ipswich – click here to find out how Barker Gotelee family law solicitors can put your best interests forward.
Reducing the Emotional Impact – How We Can Help
If you feel a divorce is the only way forward in the New Year, you are not alone, as January is the most common month when people consult divorce solicitors in the UK. In most cases, there is no single reason or event triggering this decision; instead it may be that your lives have simply drifted apart. After a stressful festive period, you may feel that as a couple, the connection is no longer there.
Statistics for 2013 showed that while less than 5 per cent of divorces are initiated by men, nearly 70 percent are initiated by women, and the rest are by couples. While some people feel that they can rebuild their marriage through therapy sessions with organisations such as Relate, others feel that their marriage has no chance of being rebuilt.
If you feel you have reached the stage where you need to consult divorce solicitors in Ipswich, the emotional impact of this decision can be devastating, for both the petitioner and the respondent. This article provides some practical information on how to minimise the emotional impact of a divorce:
Accept the reality of the situation – Look back over the reasons for your divorce and try to understand what went wrong, and why and how you have both changed. It is unlikely that your separation is down to one single event, instead, it is likely that you have lost your connection over time. Understanding the reasons why you are divorcing and coming to terms with it is one way to help you move forward.
Communicate with your former partner – Communication goes a long way to helping to resolve issues and to achieve the best possible outcome for each party, both financially and in terms of making arrangements for any children involved. If you don’t feel you can reach an agreement, you may want to consider mediation.
Try to keep your emotions in check – When tensions are fraught, it can be hard to manage your emotions, but try to do this as best you can, especially in front of the children. In the vast majority of cases it is in the best interests of the children to have access to both parents - after all they are not the ones who are divorcing. Again, mediation is possible if you can’t reach an agreement.
Find a good divorce solicitor in Ipswich – Finding a good divorce lawyer who will help you understand the legal process, and provide you with the best possible outcome, is the first step towards rebuilding your future. Barker Gotelee solicitors are specialists in divorce and the ending of civil partnerships. In recognition that no two divorces are the same, we deal with each case on an individual basis.
Talk things through with friends and family – As with any major event in your life, it is important not to go through it alone, and instead to have a third party to confide in and talk things through. If you don’t feel that you can turn to friends or family, you may want to consider counselling, if you feel that you need this.
Think over all the practical matters – Consider how to tackle all the practical issues that you may have to deal with after your marriage breakdown. Set positive goals for the future – It is important to set some goals to help lift your mood.All these steps can be big confidence boosters and will help you look forward to a brighter future.
About Barker Gotelee Solicitors
Barker Gotelee divorce solicitors in Ipswich are experienced family law solicitors who will help ease the process of your divorce. Our services include financial settlements and helping parents who are no longer together to make arrangements for their children.
Barker Gotelee Solicitors – click here to find out more about what we can do for you.
Wednesday, 15 January 2014
5 Reasons to Stay Out of Court When Separating or Divorcing
Getting divorced use to mean going to court, and many couples contacting solicitors in Ipswich still assume they will end up in the courtroom. However, this no longer has to be the case – and often the many associated costs and stresses can be avoided. Today, it is largely up to the couple themselves to control how much involvement a court needs to have in their divorce, apart from the actual legal process and paperwork required to change legal status.
At Barker Gotelee, we favour a collaborative approach and do all we can to help couples reach a settlement by agreement and mediation, with a journey to court being seen as a last resort. Here we look at 5 good reasons for staying out of court when a marriage ends.
Barker Gotelee Solicitors – contact us now for more information.
1. Minimise Stress
Court appearances are stressful, so avoiding the need for them if possible will reduce the strain all round, both on you and your partner and on other members of your family. This is a reason why it is much better if arrangements can be agreed among the couple concerned without the need for legal rulings. As expert solicitors based in Ipswich, we at Barker Gotelee have a mediation department which can help you try to reach an amicable settlement.
2. Minimise Expense
Going to court during a divorce incurs extra costs – especially in terms of solicitor time. However, by using collaborative family law, we can help you to keep down the expense involved in a break-up. This means working together with your former partner and their family solicitors to try to reach an agreed outcome which is fair to all concerned. According to the National Audit Office, the cost of a divorce which goes to court can be as much as four times that of one settled via a mediator, so it really does pay to think again before embarking on a legal battle.
3. Minimise Time Taken to Settlement
As well as the stress involved in the court case itself, the time lost in between court appearances is also a source of additional worry. Waiting for a court to hear your case can mean months where you are left feeling as if you are in limbo. An out-of-court settlement should be much quicker to achieve, allowing all parties to get on with their lives without unnecessary delays. Children especially benefit from knowing what is happening quickly and what the new arrangements are going to be, without long periods of uncertainty.
The National Audit Office has estimated that a divorce case taken to court can take an average of 435 days to complete, compared to just 110 days for a divorce where the settlement has been arranged through mediation. Of course, one reason for this is that it tends to be the more complicated divorces which go to court. Nevertheless, these statistics do underline the fact that court cases can add greatly to the time taken to negotiate the terms of a break-up.
4. Maximise Control Over Outcome
Leaving it to a court to decide the terms of a divorce inevitably means you have less control over the final outcome. Legal decisions which have not been voluntarily entered into can lead to a feeling of injustice, and this can affect acceptance of the settlement by one or both parties. Wherever possible, negotiating outside the confines of a court allows a more practical settlement to be reached, which is more likely to suit all concerned in the longer term. Finding family solicitors based locally in Suffolk will mean you can get the advice you need to help achieve a workable outcome.
5. Maximise Chances of Amicable Relationship in the Future
Going to court tends to amplify the differences between parties, and can create a higher chance of things turning bitter – which then influences the relationship going forward. Reaching an agreement between yourselves outside court makes it far easier to get to a positive working relationship after the divorce.
This is especially important if you have children together, who could suffer emotionally if rancour continues between their parents. Keeping things as amicable as possible is also helpful if you have other shared interests such as a jointly-owned property or business.
Yet another reason to stay out of court is that trying to reduce bitterness as far as possible is also likely to be helpful for you personally. It could help to improve your chances of building a happy new relationship if you are no longer harbouring bitter feelings about the previous one.
About Barker Gotelee
As established solicitors in Ipswich, Barker Gotelee have wide-ranging experience in all areas of family law, including divorce. We work closely with our clients, building a good relationship, and take an approach which emphasises negotiation and collaborative law.
Family Solicitors in Suffolk – If you are looking for a solicitor based locally in East Anglia, follow the link to find out more about our services.
At Barker Gotelee, we favour a collaborative approach and do all we can to help couples reach a settlement by agreement and mediation, with a journey to court being seen as a last resort. Here we look at 5 good reasons for staying out of court when a marriage ends.
Barker Gotelee Solicitors – contact us now for more information.
1. Minimise Stress
Court appearances are stressful, so avoiding the need for them if possible will reduce the strain all round, both on you and your partner and on other members of your family. This is a reason why it is much better if arrangements can be agreed among the couple concerned without the need for legal rulings. As expert solicitors based in Ipswich, we at Barker Gotelee have a mediation department which can help you try to reach an amicable settlement.
2. Minimise Expense
Going to court during a divorce incurs extra costs – especially in terms of solicitor time. However, by using collaborative family law, we can help you to keep down the expense involved in a break-up. This means working together with your former partner and their family solicitors to try to reach an agreed outcome which is fair to all concerned. According to the National Audit Office, the cost of a divorce which goes to court can be as much as four times that of one settled via a mediator, so it really does pay to think again before embarking on a legal battle.
3. Minimise Time Taken to Settlement
As well as the stress involved in the court case itself, the time lost in between court appearances is also a source of additional worry. Waiting for a court to hear your case can mean months where you are left feeling as if you are in limbo. An out-of-court settlement should be much quicker to achieve, allowing all parties to get on with their lives without unnecessary delays. Children especially benefit from knowing what is happening quickly and what the new arrangements are going to be, without long periods of uncertainty.
The National Audit Office has estimated that a divorce case taken to court can take an average of 435 days to complete, compared to just 110 days for a divorce where the settlement has been arranged through mediation. Of course, one reason for this is that it tends to be the more complicated divorces which go to court. Nevertheless, these statistics do underline the fact that court cases can add greatly to the time taken to negotiate the terms of a break-up.
4. Maximise Control Over Outcome
Leaving it to a court to decide the terms of a divorce inevitably means you have less control over the final outcome. Legal decisions which have not been voluntarily entered into can lead to a feeling of injustice, and this can affect acceptance of the settlement by one or both parties. Wherever possible, negotiating outside the confines of a court allows a more practical settlement to be reached, which is more likely to suit all concerned in the longer term. Finding family solicitors based locally in Suffolk will mean you can get the advice you need to help achieve a workable outcome.
5. Maximise Chances of Amicable Relationship in the Future
Going to court tends to amplify the differences between parties, and can create a higher chance of things turning bitter – which then influences the relationship going forward. Reaching an agreement between yourselves outside court makes it far easier to get to a positive working relationship after the divorce.
This is especially important if you have children together, who could suffer emotionally if rancour continues between their parents. Keeping things as amicable as possible is also helpful if you have other shared interests such as a jointly-owned property or business.
Yet another reason to stay out of court is that trying to reduce bitterness as far as possible is also likely to be helpful for you personally. It could help to improve your chances of building a happy new relationship if you are no longer harbouring bitter feelings about the previous one.
About Barker Gotelee
As established solicitors in Ipswich, Barker Gotelee have wide-ranging experience in all areas of family law, including divorce. We work closely with our clients, building a good relationship, and take an approach which emphasises negotiation and collaborative law.
Family Solicitors in Suffolk – If you are looking for a solicitor based locally in East Anglia, follow the link to find out more about our services.
Tuesday, 17 December 2013
When Couples Split in Later Life – How Solicitors in Ipswich Can Help
There is an increasing trend for couples to split up in their 50s or 60s or even later in life, meaning they need to call on solicitors in Ipswich to help reach a settlement. The Office for National Statistics recently revealed that the number of people separating over the age of 60 has nearly doubled in the space of just 10 years. Often these couples have been together for 30 years or more, but sometimes it is a second marriage for one or both of them.
It is likely that couples of this age will have shared assets, and there is also the difficult task of finding a fair settlement over pension rights, so a break-up will not be straightforward. This means it is important to find expert family solicitors in East Anglia who will be able to help during the process of divorce and ensure it goes smoothly.
As solicitors based in Ipswich with 25 years of experience, Barker Gotelee have the knowledge and expertise to help older couples who are undergoing a divorce. We have a specialist family law department as well as other sections dealing with issues such as property, wills and trusts. This means that, if you are splitting up with your partner of many years, we are fully equipped to answer all your questions and give you advice during this difficult time.
Solicitors in Ipswich – Get in touch now for more information.
Reaching a Fair Settlement
Whatever the age of a couple when they split up, the best way forward is to try to keep things as amicable as possible. When it comes to reaching a legal settlement, the aim must be to avoid blame and try to reach a fair solution for both parties. It is no help to anybody to start going back over arguments and misunderstandings which may reach back many years and have little bearing on the current situation.
It is important to get expert advice from solicitors based locally in Ipswich as early as possible in the separation process, but it is also helpful if you are able to communicate with your ex-partner directly, as reaching agreement over some of the basic issues can save on legal time and costs. If you find it hard to talk to one another, or to reach agreement, professional mediation could be of help, and we can refer you to our experienced mediation department.
Waiting Until the Children Have Grown Up
One reason why couples sometimes wait until later in life before ending their marriage is that children are likely to be older, so there is no need for complicated agreements involving child support and access. However, if, for instance, your older children are away at university, or still living at home while working, there could still be difficult issues to solve. It is inevitable that the break-up will cause upset to the whole family even if the children are grown up – and there is also the whole question of access to grandchildren.
Also, some family solicitors in Suffolk and elsewhere in the UK are finding that complications are caused by adult children, who may be angry with one parent's new partner. There is a risk that their involvement may inflame the tension all round. Some adult children want to safeguard their own inheritances, and in some cases solicitors are even having to hold meetings with them to try to defuse the situation. Barker Gotelee has a department of Private Client solicitors, so we have all the expertise to help deal with disputes over inheritance and estate planning.
Pension Issues
Pensions are an especially important issue for older couples who are splitting, and actuarial valuations are likely to be necessary to work out exactly what these assets are worth. As well as the cash value of pension pots, there is also the need to work out projected incomes for both you and your ex-partner, bearing in mind your different ages and what yourlife expectancy is likely to be.
A fair and workable solution over all assets, including pension pots, must be reached in order to avoid any problem arising with the divorce settlement later on. For many couples, their pension funds are their main asset, and there has been a growth in the number of pension-sharing orders issued by courts in Britain in the last few years.
Property and Assets
While pensions are a particularly vital consideration for 'silver splitters', there are also other assets which need to be considered in a settlement, including savings and any property which the couple own either together or separately. Our solicitors in the property department can offer expert advice on questions ranging from the future of the family home to second homes and holiday homes abroad, and also look at the tax implications in the sale of any property. Our team of business solicitors are also on hand if there are any questions about your business assets.
About Barker Gotelee
Barker Gotelee is a firm of solicitors based in Ipswich, with expertise in family law, divorce law and many other legal areas. We serve many clients in Woodbridge, Aldeburgh and Martlesham, and also across Suffolk and East Anglia.
It is likely that couples of this age will have shared assets, and there is also the difficult task of finding a fair settlement over pension rights, so a break-up will not be straightforward. This means it is important to find expert family solicitors in East Anglia who will be able to help during the process of divorce and ensure it goes smoothly.
As solicitors based in Ipswich with 25 years of experience, Barker Gotelee have the knowledge and expertise to help older couples who are undergoing a divorce. We have a specialist family law department as well as other sections dealing with issues such as property, wills and trusts. This means that, if you are splitting up with your partner of many years, we are fully equipped to answer all your questions and give you advice during this difficult time.
Solicitors in Ipswich – Get in touch now for more information.
Reaching a Fair Settlement
Whatever the age of a couple when they split up, the best way forward is to try to keep things as amicable as possible. When it comes to reaching a legal settlement, the aim must be to avoid blame and try to reach a fair solution for both parties. It is no help to anybody to start going back over arguments and misunderstandings which may reach back many years and have little bearing on the current situation.
It is important to get expert advice from solicitors based locally in Ipswich as early as possible in the separation process, but it is also helpful if you are able to communicate with your ex-partner directly, as reaching agreement over some of the basic issues can save on legal time and costs. If you find it hard to talk to one another, or to reach agreement, professional mediation could be of help, and we can refer you to our experienced mediation department.
Waiting Until the Children Have Grown Up
One reason why couples sometimes wait until later in life before ending their marriage is that children are likely to be older, so there is no need for complicated agreements involving child support and access. However, if, for instance, your older children are away at university, or still living at home while working, there could still be difficult issues to solve. It is inevitable that the break-up will cause upset to the whole family even if the children are grown up – and there is also the whole question of access to grandchildren.
Also, some family solicitors in Suffolk and elsewhere in the UK are finding that complications are caused by adult children, who may be angry with one parent's new partner. There is a risk that their involvement may inflame the tension all round. Some adult children want to safeguard their own inheritances, and in some cases solicitors are even having to hold meetings with them to try to defuse the situation. Barker Gotelee has a department of Private Client solicitors, so we have all the expertise to help deal with disputes over inheritance and estate planning.
Pension Issues
Pensions are an especially important issue for older couples who are splitting, and actuarial valuations are likely to be necessary to work out exactly what these assets are worth. As well as the cash value of pension pots, there is also the need to work out projected incomes for both you and your ex-partner, bearing in mind your different ages and what yourlife expectancy is likely to be.
A fair and workable solution over all assets, including pension pots, must be reached in order to avoid any problem arising with the divorce settlement later on. For many couples, their pension funds are their main asset, and there has been a growth in the number of pension-sharing orders issued by courts in Britain in the last few years.
Property and Assets
While pensions are a particularly vital consideration for 'silver splitters', there are also other assets which need to be considered in a settlement, including savings and any property which the couple own either together or separately. Our solicitors in the property department can offer expert advice on questions ranging from the future of the family home to second homes and holiday homes abroad, and also look at the tax implications in the sale of any property. Our team of business solicitors are also on hand if there are any questions about your business assets.
About Barker Gotelee
Barker Gotelee is a firm of solicitors based in Ipswich, with expertise in family law, divorce law and many other legal areas. We serve many clients in Woodbridge, Aldeburgh and Martlesham, and also across Suffolk and East Anglia.
Thursday, 5 December 2013
Protecting the Legal Interests of Children
Many legal issues have a direct impact upon children under the age of 18. At Barker Gotelee, solicitors in Ipswich, we have extensive expertise on legal issues which involve children, helping to ensure outcomes which will properly take into account their needs.
Whether you are considering a marriage break-up or are worried about your child’s education, at certain stages of your child’s life you may have a legal issue you will want to address. Fortunately, Barker Gotelee solicitors in Suffolk can help you tackle the various issues that may arise. From protecting the best interests of your child in a divorce or separation, to making safe financial provision for your children in the future, this article outlines the various ways Barker Gotelee solicitors in Ipswich can help you achieve your requirements.
Divorce Solicitors Suffolk – Click here to find out more about how we can protect the interests of your child during a divorce, or to find out about our mediation service.
Mediation During Divorce – Going through a divorce is an extremely stressful time – you may feel a complete lack of control, or find yourself so bogged down with the details that it is difficult to find a way forward. It may be that you are struggling to agree on a financial settlement or the arrangements to make for the children. In these cases, a third party can help you see things more clearly, keep court costs down, and help you reach an amicable solution for your childcare arrangements.
If you feel that all communication has broken down between you and your former partner or spouse, we work though these issues and can arrange for mediation to take place in separate rooms. Whatever your particular requirements, Barker Gotelee divorce solicitors, Suffolk, have years of experience in this field and will find the best way forward for you and your children.
Schools Appeals – At Barker Gotelee solicitors in Ipswich we understand how important your child’s education is, and how disappointing it feels if your child hasn’t been offered a place in the right school. However, there are still options available to you and you can appeal against the local authority decision. We offer a specialist school appeals service, and will talk things over before the appeals hearing to see if you have a case to present to the panel. We will make sure that all your paperwork is filled in correctly, and you are well versed to present your case fully to the appeal/s panel. If you feel you lack the confidence to present your child’s case before the panel, we can also represent you at the hearing and speak on behalf of your child.
Wills and Inheritance – As a parent, wills are vital whatever your age: it is impossible to predict the future, and for that reason it is important that provisions are in place should the worst happen. We are highly experienced in wills and asset protection and will talk through your needs to ensure that all your wishes and concerns are taken into account. Our experts will review your estate, take tax considerations into account, and advise you on the best way forward to ensure that the right financial provisions are made for your children, and (depending on your circumstances) your family wealth is kept in place for future generations. We will also look at clarity of guardianship and the appointment of trustees, so you will have complete peace of mind that your children are well provided for and cared for long into the future, whatever the circumstances.
Accident and Negligence Claims – Accidents can happen and the consequences of these can vary considerably from a small inconvenience to a permanent disability, and in some cases the loss of a family member. Our accident solicitors in Ipswich will ensure that the claims made on behalf of children, whether in respect of injury to themselves or the loss of a parent, take into account their future health, happiness and education needs. We have experience in dealing in all fields of accident and negligence claims, from holiday catastrophes and injuries, to work related injuries, road traffic collisions, product liability, landowner’s liability, and injuries from animals or livestock. Just contact our department now to find out how we can help.
Solicitors in Ipswich – Barker Gotelee have years of experience in dealing with private and commercial clients in Suffolk. Click here for full information on how we can help protect the legal interests of your children.
Whether you are considering a marriage break-up or are worried about your child’s education, at certain stages of your child’s life you may have a legal issue you will want to address. Fortunately, Barker Gotelee solicitors in Suffolk can help you tackle the various issues that may arise. From protecting the best interests of your child in a divorce or separation, to making safe financial provision for your children in the future, this article outlines the various ways Barker Gotelee solicitors in Ipswich can help you achieve your requirements.
Divorce Solicitors Suffolk – Click here to find out more about how we can protect the interests of your child during a divorce, or to find out about our mediation service.
Mediation During Divorce – Going through a divorce is an extremely stressful time – you may feel a complete lack of control, or find yourself so bogged down with the details that it is difficult to find a way forward. It may be that you are struggling to agree on a financial settlement or the arrangements to make for the children. In these cases, a third party can help you see things more clearly, keep court costs down, and help you reach an amicable solution for your childcare arrangements.
If you feel that all communication has broken down between you and your former partner or spouse, we work though these issues and can arrange for mediation to take place in separate rooms. Whatever your particular requirements, Barker Gotelee divorce solicitors, Suffolk, have years of experience in this field and will find the best way forward for you and your children.
Schools Appeals – At Barker Gotelee solicitors in Ipswich we understand how important your child’s education is, and how disappointing it feels if your child hasn’t been offered a place in the right school. However, there are still options available to you and you can appeal against the local authority decision. We offer a specialist school appeals service, and will talk things over before the appeals hearing to see if you have a case to present to the panel. We will make sure that all your paperwork is filled in correctly, and you are well versed to present your case fully to the appeal/s panel. If you feel you lack the confidence to present your child’s case before the panel, we can also represent you at the hearing and speak on behalf of your child.
Wills and Inheritance – As a parent, wills are vital whatever your age: it is impossible to predict the future, and for that reason it is important that provisions are in place should the worst happen. We are highly experienced in wills and asset protection and will talk through your needs to ensure that all your wishes and concerns are taken into account. Our experts will review your estate, take tax considerations into account, and advise you on the best way forward to ensure that the right financial provisions are made for your children, and (depending on your circumstances) your family wealth is kept in place for future generations. We will also look at clarity of guardianship and the appointment of trustees, so you will have complete peace of mind that your children are well provided for and cared for long into the future, whatever the circumstances.
Accident and Negligence Claims – Accidents can happen and the consequences of these can vary considerably from a small inconvenience to a permanent disability, and in some cases the loss of a family member. Our accident solicitors in Ipswich will ensure that the claims made on behalf of children, whether in respect of injury to themselves or the loss of a parent, take into account their future health, happiness and education needs. We have experience in dealing in all fields of accident and negligence claims, from holiday catastrophes and injuries, to work related injuries, road traffic collisions, product liability, landowner’s liability, and injuries from animals or livestock. Just contact our department now to find out how we can help.
Solicitors in Ipswich – Barker Gotelee have years of experience in dealing with private and commercial clients in Suffolk. Click here for full information on how we can help protect the legal interests of your children.
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