Categories
Divorce Law Family Law

Financial Domestic Abuse in Divorce: The Hidden Crisis

Domestic abuse can take many forms, and one of the lesser-discussed yet highly damaging aspects is financial abuse. This issue, often ignored in the family justice system, is now being highlighted in a new report from Resolution, a leading organisation representing over 6,500 family law professionals. The report sheds light on the “elephant in the room”—the significant impact of domestic abuse on financial proceedings in divorce cases.

Resolution’s research, conducted by its Economic Abuse Working Party, reveals that financial abuse is prevalent in the majority of domestic abuse cases. Shockingly, more than 80% of family law professionals feel that courts fail to adequately account for domestic abuse when determining financial settlements. This problem extends to cases involving children and cohabiting couples.

The report calls for urgent reforms to better protect victim-survivors, ensuring they are treated fairly in divorce and financial remedy proceedings. This includes increased access to legal aid, tackling ongoing financial control by abusive partners, and creating a collaborative approach across the legal profession to safeguard vulnerable individuals.

For a more in-depth exploration of this important issue, you can read the full article on Resolution’s website here.

Categories
Divorce Law

6 Steps to Understanding Covert-Aggression and High-Conflict Divorce

High-conflict divorce is estimated to occur in approximately 15-30 percentage of divorce settlements. As a legal practitioner it is likely that you have had one or two (or maybe more) of these protracted and at times, baffling divorce negotiations on your caseload. If you are a client, you may now be finding yourself in what seems a never-ending round of claim and counter-claims. In either case, you are likely to be scratching your head as you try to work out what it is that is making this particular divorce take so long.

Categories
Child Custody Child Support Divorce Law Family Law Separation Law

The “Do’s and Don’t’s” of the Initial Family Law Consultation

Deciding to pick up the phone and make that dreaded first call when you feel the time is right to contact an attorney is a petrifying moment.  It’s one of those times in your life where you just have to take the plunge, dial the phone and make the call.

Categories
Divorce Law

No such thing as a “quickie” divorce

Last week it was widely reported in the media that the Blackadder star, Rowan Atkinson, worth an estimated £70 million, was granted a “quickie” divorce in 65 seconds from wife Sunetra after 24 years of marriage at London’s Central Family Court on grounds of his unreasonable behaviour.

There have been a string of quickie celebrity divorces reported in recent years, Mission Impossible star Tom Cruise and Katie Holmes, Beatles star Sir Paul McCartney and Heather Mills and X-Factor judge Cheryl Fernandez-Versini and England defender Ashley Cole.

Categories
Divorce Law

Could switch therapy save your marriage?

You may have heard of ‘switch therapy’ from the popular Channel 4 programmes Seven Year Switch USA and Australia where four couples are assisted by two relationship experts, Dr Dan Shapiro and Dr Jessica Griffin who specialise in relational trauma, high conflict and divorce in an attempt to save their marriages.

Categories
Divorce Law

Divorce Petition fee hike

The Ministry of Justice reported late last week that there would be a 34% increase in divorce fees as of Monday 21 March 2016. This is despite strong opposition from many family lawyers who opposed the hike when the Ministry of Justice consulted on the issue last year.

Categories
Children Divorce Law

Ashley Madison Account Hacked? Well, Your Divorce Can Still Be Private

As the Tampa Bay Times reported a few months ago, a website hack has meant that thousands of spouses have been caught red-handed while trying to cheat. AshleyMadison.com, a website that bills itself as “the most famous name in infidelity and married dating,” was targeted by a “hacktivist” group who made public the website’s clientele list and their personal information.

Categories
Children Civil partnerships Divorce Law Family Law Mediation

Tampa Divorce Lawyer Rejects Court System

The court system publicly pits husband versus wife, mother versus father, according to collaborative lawyer Adam B. Cordover. On the heels of the fifth anniversary of his law firm, he declares that he will no longer take part and announces his firm’s new focus and name as Family Diplomacy: A Collaborative Law Firm.

Categories
Child Custody Children Divorce Law Family Law Marriage

Grandparents: the silent sufferers when their children get divorced

When parents get divorced, they are encouraged to sort out arrangements for any children between themselves, so that things can remain as amicable as possible. The best interests of the children should be the focal consideration and both parents should continue to have a strong involvement in their lives, so long as there are no welfare issues to consider.

Categories
Claims Divorce Law Family Law Finance Separation Law

One rule for him and another for her as Oklahoma Supreme Court dismisses Sue Ann Arnall’s appeal

In November 2014, Harold Hamm, the CEO of Continental Resources, was ordered to pay his ex-wife Sue Ann $995.5 million in what was described as one of the biggest divorce settlements in history. With the award representing only a fraction of Mr Hamm’s estimated $18 billion empire, Sue Ann appealed, claiming that she should be entitled to a much heftier settlement due to her significant contributions during their 26-year marriage. Conversely, Harold made his own appeal, arguing that the almost $1 billion figure was excessive.

Categories
Divorce Law

Major causes of divorce in the UK

divorce-causes-ukIt is well known that couples spend a significant amount of time looking ahead to one day in their life – their wedding day. But, they then fail to discuss and plan their future together such as their career ambitions, lifestyle choices and parenting styles.

Categories
Divorce Law Family Law Finance Marriage Separation Law

Don’t look back in anger? Try telling that to Dale Vince

During the couple’s relationship, the pair lived a nomadic lifestyle, surviving on very little money. Following their separation, life continued in a similar manner for Ms Wyatt, who today lives in an ex-council house in Wales with her children. However, things changed dramatically for Mr Vince when he founded Ecotricity in 1995, which is now one of the UK’s biggest green energy companies.Mr Vince’s new lifestyle mirrors his business success and he currently lives in a £3 million 18th-century castle with his new wife and their son.

Categories
Divorce Law Family Law Marriage Separation Law

Artist divorce case highlights sexism of the UK courts – and it’s not the women who are suffering

A stay-at-home father who was supported by his millionaire wife is appealing a court decision that would see him receive a £300,000 lump sum, as well as a long term £50,000 annual maintenance payment.

Categories
Divorce Law Family Law Marriage

Lessons from Thiry: The important distinction between financial and litigation misconduct

Property tycoon Didier Thiry has been ordered to pay his ex-wife Alisa Thiry £17 million in a judgement issued by Sir Peter Singer. Due to Mr Thiry’s ill behaviour, which included him acting in a ‘financially predatory fashion’, as well as bombarding his ex-wife with communications throughout the proceedings, the judgement is riddled with references to Thiry’s misconduct. Indeed, Sir Singer described Mr Thiry as an ‘unprincipled rogue’ who had shown a ‘sadistic side to his personality’.

Categories
Divorce Law Family Law Finance

Hohn divorce settlement secures the UK’s position as the divorce capital of the world

It has been an exciting few weeks in the world of divorce settlements. Less than a month after American Billionaire Harold Hamm was ordered to pay his ex-wife almost $1 billion, the UK’s largest divorce pay-out has hit the headlines as Mrs Justice Roberts ruled that Ms Cooper-Hohn is entitled to £337 million following her divorce from philanthropist Sir Chris Hohn.

Categories
Children Divorce Law Family Law Finance Marriage Separation Law

Family Dispute Resolution Week: A Look at Mediation

Mediation will make the divorce process quicker, fairer and more empowering for both parties, says a family law expert at Manchester-based Kuits Solicitors today to mark the beginning of Family Dispute Resolution Week.

Categories
Divorce Law Family Law Finance Marriage Separation Law

Billionaire Hamm’s is one of the biggest divorce settlements in history, but is it big enough?

American entrepreneur Harold Hamm, best known for his position as CEO of Continental Resources, has been ordered to pay his ex-wife, Sue Ann Hamm, $995.5 million in what has been referred to as one of the biggest divorce settlements in history. Although an enormous figure to most, it is only a fraction of Mr Hamm’s $14 billion empire and Sue Ann plans to appeal the decision on the grounds that it is inequitable. For this reason, the ruling invites an intriguing question – is the Oklahoma County Court’s decision reasonable compared to the conclusion that a court in England and Wales would have reached?

Note also you can see our new guide to some of the best divorce lawyers in the US here.

Categories
Child Custody Children Divorce Law Family Law Separation Law

New Presumption of Parental Involvement: Is the law too concerned with appeasing the parent?

The welfare of the child has always been the fundamental consideration for courts dealing with child arrangements following a couple’s separation. The welfare checklist set out in S8 of the Children Act 1989 provides statutory guidance that requires certain factors to be considered. Amongst other things, the wishes and feelings of the child and the child’s needs are considered, so that the most appropriate arrangement is reached. Due to the subjective requirements of each child, extreme care must be taken to ensure that the specific needs of the child are met.

Categories
Divorce Law Family Law

Steps to a stress free divorce

Divorce cases can seriously tug at the heartstrings of family solicitors but it can also be a very stress full process for all parties involved including the solicitor.

Categories
Divorce Law

Spouse buying property in case of “marital separation in fact” (Spanish Law)

Spanish law query: Can one spouse buy and register a house in the case of a “marital separation in fact”?