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 More“Nobody wins. One side just loses more slowly than the other”, wrote Dennis Lehane the writer of the highly regarded and successful hit US series The Wire. This is never more true than in the divorce court system when contested court proceedings are used to decide disputes over children or money. Perhaps only lawyers gain. Constructive divorce with dignity – not destructive court battle Yet it is the divorce lawyers who are dissatisfied with the court process who have created collaborative family law for separating and divorcing couples. Collaborative family law is for families who want to divorce with dignity and mutual respect. It is a constructive way of...
Read MoreFor people who live their professional life in the glare of the media spotlight then there are real fears of their very personal and private life being exposed to the voracious scrutiny of the tabloids. When such a person is having a divorce or separation then the media can turn private grief into a disastrous tabloid feeding frenzy. The knock-on effects are not given any thought by the media or public. How can they be protected? It is typical that the star’s children will be shown the tabloid headlines in the school playground tomorrow morning and taunted with the gory details of the alleged (and often inaccurate) shortcomings of their Mum or Dad. Children naturally...
Read MoreAfter 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...
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