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 MoreOn 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 MoreContemplating separation and divorce is daunting enough… but for parents the inevitable questions loom; “What do we tell the children?” and “How do we tell the children?” I have put together some guidance which has been gathered from my experience in the last 25 years of working in this area and I hope that by sharing this knowledge freely with you it will help make things much easier and clearer for you and your family. I hope to help you to help your children. Guidance You have the first key already in your own question, “we” – you do tell them together. You need to agree what you do not tell them. They should never be...
Read MoreWhen I do the same as you and search the internet for divorce websites I am concerned and confused at what I find. I can read the subtleties of what the website owners say and do not say. Some appear to be ready to give all sorts of advice and offer various divorce services but these services are being offered by people who are not solicitors. This is no doubt perfectly legitimate but how helpful can they be to you? As a solicitor who has spent the last 25 years helping and representing clients in front of Judges in the divorce court system then I wonder at the differences in the detailed guidance and advice these non-lawyers can offer. Choosing a good divorce solicitor...
Read More