Court
Protect the family business on divorce by using collaborative law or mediation
The personal and financial impact of a divorce is bad enough. It can be made much worse when you realise that divorce court judges see the world in a very different way to business owners and entrepreneurs. A divorce must not be allowed to damage the health of the family business where it needs to produce either future income or capital to meet the family’s needs. Judges can struggle to understand a family business owner Many divorce judges presume that business owners get up in the morning and go out to work and are guaranteed to make money. If only that were true! Family law judges often struggle to understand business risk, funding issues and the real liquidity of...
Read MoreDivorce court settlement gamble?
On separation and divorce would you spend thousands of pounds on a bet to gamble the future of your children or your financial settlement on the toss of a coin? That’s what you do in a divorce court. Why do separating and divorcing couples who are otherwise careful, cautious and conservative decide to spend so much money gambling on the outcome of their divorce settlement about money and property? How are you turned from being sensible into a reckless gambler? You think your offer is good. You think your spouse’s offer is wrong. You issue court proceedings and go to trial to let a judge decide. You may as well toss a coin since it is cheaper and quicker. And just...
Read MoreCambridge divorce
If you live in Cambridge then usually you would file a divorce petition in The Family Court at Bury St Edmunds at Triton House, St Andrews Street North, Bury St Edmunds, Suffolk IP33 1TR. Most divorce petitions in the south east of England, including London are issued at Bury St Edmunds. The court staff are renowned for being approachable, knowledgeable and friendly. Whilst they are not allowed to give legal advice they can explain the procedural steps and provide free copies of court forms (tip: no need to pay for them online!) or Click Here to download them here for free. For example a divorce petition is called FormD8 and can be found here and downloaded by...
Read MoreGuide to giving evidence in a court hearing
After more than 25 years conducting court proceedings I thought it might be helpful to summarise some of the tips I give clients before they give evidence: Guidance on giving evidence in court Tell the truth. Answer the question. Don’t answer a different question. Keep your voice up and speak clearly and not too fast (the Judge and lawyers are trying to write down what you say). Don’t get involved in an argument when being cross examined – you won’t win – and you’ll create the wrong impression. Don’t second guess where the questions are going, just answer the question truthfully. Don’t worry if you think the answers are damaging to your case. Your lawyer...
Read MoreCan I hide my money or assets in a divorce?
Why hiding your assets or income in a divorce is really stupid. Hiding and not disclosing assets is not only stupid but it is not in your own best interests. Here is why. What you want to end up with is a final court order or a “consent order” made by the Court in full and final settlement and where there are no comebacks. A clean break consent order dismisses all and any financial claims for money or property or pension or inheritance forever. Logically you do not want to be holding a worthless consent order approved by the court only to live in dread of the letter in the post informing you that the so-called final settlement is being set aside and opened up so a...
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