Divorce and separation

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      in Children

      Introducing Stowe talks podcast series 4

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      Stowe talks podcast
      Series 4 of Stowe talks podcast and videos series has begun. 
      As ever, in each episode hosts Liza and Matt are joined by a special guest to explore a specific topic in detail.
      Alongside our expert guests, in Stowe talks series 4 we explore:

      Parenting alongside a narcissist
      The dangers of DIY divorce
      How to prepare for your financial settlement
      Supporting teenagers through divorce
      Prenups, postnups and petnups
      The unique challenges of a relationship break down in the LGBTQIA+ community
      Creating financial wellbeing following separation
      Supporting male victims of domestic abuse
      Building your family through surrogacy.

      The latest episodes
      Series 4 of Stowe talks begins with ‘Parenting alongside a narcissist’, a 2-part conversation with renowned narcissist expert Dr Supriya McKenna.
      Building on our previous episodes, in part one Dr Supriya starts by explaining what narcissistic personality disorder is and how this manifests in their behaviour, especially during divorce and parenting.
      We then continue the conversation in part two, looking at learning to manage the narcissist behaviour, how to best support your children, dealing with legal and financial abuse, the family court, and learning how to raise the threshold of what triggers you.
      Quick links
      Listen to Stowe talks on spotify
      Watch Stow talks on YouTube More

    • 88 Shares169 Views

      in Family Law

      I’m not the ‘breadwinner’ in my divorce

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      ‘Breadwinner’ is a term often thrown about with little consideration for its meaning. Traditionally, the ‘breadwinner’ in a relationship was the man as it was assumed that whilst the husband went out to work, the woman would keep house and raise the children.
      However, as society has moved on and gender roles changed, the breadwinner could be either party, or there may not be one at all. It may also be that most of the money in the relationship has come from one partner, for example from inheritance or the result of house sales or a business.
      So, what happens if you are the lower earner in your relationship? Money worries may be at the forefront of your mind when considering divorce or separation. Questions like ‘Can I afford to live by myself?’, ‘How will I afford divorce?’, ‘What will happen to the house?’ and many more may be concerning you.
      However, if you are not the ‘breadwinner’ in your relationship, you still have a safety net in divorce.
      In divorce, the Court will work from the starting point of a 50/50 split of finances and assets. A financial settlement is an agreement which will iron out financial issues and fairly separate the assets once a marriage has ended.
      In brief, a Court will look at the future income and earning capacity as well as the needs of each party going forward. If you are not the breadwinner i.e. you’re the lower earner or have no income, this will be taken into consideration in the financial settlement.
      However, it is also important to remember that spouses are not automatically entitled to an equal share of their partner’s income.
      Who pays the legal fees?
      One of the first concerns may be about who pays the legal fees in divorce. The general rule is that each partner will pay their own legal costs. The cost of divorce includes the court fee of £593, plus any solicitors’ fees should they be instructed.
      The person applying for the divorce – known as the applicant – will pay the court fee. If the application is a joint one, applicant 1 will pay the fee.
      You can find out more about who pays the legal fees in divorce here.
      Financial Disclosure and Spousal Maintenance
      Financial disclosure happens early on in divorce proceedings, usually through the completion of a Form E, and should be an honest setting out of the finances and assets of the marriage. Once the forms have been filled in, there is time for the ex-spouses and the solicitors to ask questions.
      Providing everything has been disclosed properly, an agreement can then be made on the future needs of each spouse.
      The court will then review the agreement and decide whether it is fair.
      In situations where one spouse has a much higher income than the other, there is likely to be an extended period of financial support, known as Spousal Maintenance. This can be decided between you and your partner, or the court can order the financially stronger party to pay the other a monthly income. It is expected that both parties should have a similar standard of living after the divorce that they did prior to divorce.
      Spousal maintenance is only available for couples who were married and tends to be more common for divorcees who were married for a long time.
      Spousal maintenance is available for both men and women, as it depends on who was the breadwinner in the marriage. Traditionally, men paid women spousal and/or child maintenance. However, social changes and modern-day working lives mean that either the husband or the wife in heterosexual marriages can pay maintenance costs.
      In same-sex marriages, the same applies in that either party can be the breadwinner and will therefore be required to pay the financially weaker party some form of ongoing income.
      Some couples opt for a ‘clean break’, wanting to cut all financial ties with their partner as soon as possible. To obtain a clean break, you must have a financial order approved by the Court, which also prevents your partner making any financial claims against you in the future.
      Pensions
      Pensions are often ignored in divorce proceedings, especially when the individual has sought no legal advice. However, they are one of the most important aspects in the financial part of divorces but can be complicated.
      As with divorce generally, one party is not automatically entitled to an equal share of their partner’s pension.
      Pensions are complicated, particularly so in divorce, so it is important to seek legal advice, especially if you are the lower earner.
      What’s the best option?
      What’s ‘best’ is unique to the individual and their circumstances. The most helpful thing to do is to seek advice from a family lawyer who will be able to guide you through the options and help make that decision.
      The most important thing to remember is even if you are not the breadwinner in your relationship, financial settlements and the court will take this into account.
      If you are separating, but not divorcing, because you and your partner never married, a Separation Agreement is likely to be an option for you. This document, whilst not legally binding, can be used to formally document the division of assets and finances, including pensions as well as child arrangements and other considerations. More

    • 88 Shares149 Views

      in Children

      Blended families and stepparents: A beginners guide

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      On average, marriages in England and Wales last little over 12 years at the time of divorce. But as people find love again after divorce or separation, blended families are created and family dynamics evolve.
      It’s now estimated that 1 in 3 families in the UK are a blended family, also known as stepfamily.
      In fact, in contrast to traditional stepfamily stereotypes, the narrative of blended families has transformed – even King Charles III is a member of a blended family.
      For many couples, divorce can mark the beginning of a happier new era for them and their children.
      Knowing how to make a blended family work can take time and effort but fuelled by love, the choices made by separated parents can transform a family structure.
      What is a blended family?
      Blended families are created when a couple begin a new life together with their children from one, or both, of their previous relationships.
      What’s behind the increase in blended families?
      Divorce rates are on the rise meaning more people starting new relationships are divorced, with children.
      For example, the latest ONS marriage statistics released in 2022 show that over 32% of marriages include at least one partner who is remarrying. Of course, these figures can’t track the number of couples where one or both partners have previously been in an unmarried relationship.
      Still, it’s understood there are at least 1.1 million children in England and Wales who live in a blended stepfamily.
      Becoming a blended family
      While a positive experience for many, often the most significant concerns when forming a blended family are the integration of new family members and changes to living arrangements.
      Or, perhaps it’s more the reactions of each family member to these inevitable changes, and the emotions they bring, that pose the greatest challenges.
      While parents can appreciate the benefits of becoming a blended family and visualise what their stepfamily homelife could look like in the future, the children may struggle to share that vision. For them it can feel like a huge amount of change, affecting fundamental aspects of their lives, over which they have no control.
      As with any changes, some will take them in their stride, and others will need a greater degree of support and encouragement.
      Introducing a new partner
      Gradually making children aware of a new partner and giving plenty of notice when and how things will change is vital.
      This begins with establishing the right time and approach for introducing a new partner to children, and meeting future stepchildren if their partner also has children.
      Whatever the child’s age, it’s a good idea to prepare them ahead of introductions and offer them a sense of control over the situation. Having some level of control, even if only perceived control, allows us to deal with potentially upsetting or uncomfortable events more effectively.
      Challenges for children of blended families
      There’s a lot for children of blended families to take in. Maybe they’ve come to terms with their parent’s separation, and now there’s more change on the horizon.
      They must navigate the complexities of having stepparents, possibly step-siblings, and even step-grandparents, potentially forging multiple new relationships.
      Sharing loved ones, a home, and belongings with new members of the family can understandably raise worries and negative feelings and behaviour.
      Furthermore, the shift in family roles and responsibilities can become a source of tension, with two sets of parents each with different parenting styles, rules, and routines.
      Harmonising these differences and treating everyone fairly isn’t easy.
      How can I help my blended family succeed?

      Groundwork: It’s beneficial to do plenty of groundwork ahead of any changes to your family to help children process and adapt. Take your time and explain things clearly and openly.
      Communication: Telling children about changes in their living arrangements is a crucial step. Be upfront about what will change and when, and encourage children to ask questions and share any concerns.
      Tact: Handling the integration of new family members and routines delicately and with patience will help avoid unnecessary stress.
      Togetherness: Fostering a sense of unity within blended families can help, through identifying common ground, enjoying shared activities, and establishing new traditions when the time is right.
      Age appropriate: While younger children may adapt more readily, older children and teenagers may find the changes more difficult. Recognising these differences will help you provide the right support for each child’s needs.
      Belonging: Reassuring the child of their central place in the blended family will strengthen relationships and bolster their sense of belonging.
      Regularly connect: Ensure you also give your child one-on-one time where they have your undivided attention to reinforce how much you love and value them. Where it’s safe and appropriate, maintaining a sound connection with the non-residential parent is also important for a child’s well-being.
      Be consistent: Within reason, upholding pre-existing rules and traditions while gradually incorporating new ones helps create a stable environment. This steadiness offers children a sense of security during change.

      Legal considerations for blended families
      When couples create a blended family after separation or divorce it’s worth considering how they can protect their interests for whatever lies ahead.
      Couples who live together but are unmarried may be interested in finding out more about how Cohabitation Agreements can set out agreements regarding finances and children.
      Similarly, couples who are planning to remarry, might benefit from knowing how a prenuptial agreement can offer some financial protection for theirs and their children’s future in the event of divorce.
      With the right approach blended families offer the opportunity for a new beginning and a bigger and more diverse family network. Although evolving family structures demand flexibility, understanding, and effective communication, the rewards could last a lifetime.
      Useful links
      How to successfully co-parent
      Adopting a stepchild
      Stowe talks – How to co-parent calmly and navigate the challenges of blended families with Tom Nash More

    • 50 Shares109 Views

      in Family Law

      October Stowe Support roundup

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      Stowe Support is a dedicated home for Stowe’s free resources designed to help inform and support anyone with family law concerns.
      With new blogs, guides, podcasts, videos and events shared each month, here’s a handy Stowe Support roundup from the past month in case you missed anything.
      Here’s your monthly roundup of Stowe Support resources in case you missed anything.
      Latest blogs from Stowe
      What is financial wellbeing?
      World Mental Health Day: wellbeing during divorce
      Labour announce commitment to cohabitation reform
      Adopting a stepchild
      World Menopause Day
      Islamic divorce in the UK
      What happens if I’m separated but not divorced?
      What to do if you think your marriage is over
      Book your free webinar place
      Cardiff Break Up Club – Surviving Christmas after separation
      Stowe Talks – How to build a happy blended family with Nichole Farrow
      Watch recent webinars
      Stowe Talks – Creating financial wellbeing following divorce or separation
      Listen to Stowe talks podcasts on Spotify
      Our next series of Stowe talks podcast will be launched soon.
      In the mean time, you can click to catch up on previous episodes and follow us!
      Stowe Support
      To explore our full range of resources dedicated to helping people with family law matters, visit Stowe Support.
      Here you’ll find a wealth of helpful guides, videos and blogs on divorce and separation, finances, children, domestic abuse, cohabitation, alternative parenting, mediation, as well as support with relationships and wellness. More

    • 50 Shares99 Views

      in Children

      September Stowe Support roundup

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      Stowe Support is a dedicated home for Stowe’s free resources designed to help inform and support anyone with family law concerns.
      With new blogs, guides, podcasts, videos and events shared each month, here’s a handy Stowe Support roundup from the past month in case you missed anything.
      Here’s your monthly roundup of Stowe Support resources in case you missed anything.
      Latest blogs:
      Separating after the summer holidays
      My ex and I can’t agree on our child’s school
      Dealing with Post-Separation Abuse
      Divorce talks – Tips for respectful discussions with your ex
      What happens to the children if me and my ex want to live in two different countries?
      Book your free webinar place
      Stowe talks – Creating financial wellbeing following separation
      How to build a happy blended family with Nichole Farrow
      Watch recent webinars
      Finding the unexpected joy of heartbreak with Rosie Wilby
      Listen to Stowe talks podcasts on Spotify:
      Our next series of Stowe talks podcast will be launched soon.
      In the mean time, you can click to catch up on previous episodes and follow us!
      Stowe Support
      To explore our full range of resources dedicated to helping people with family law matters, visit Stowe Support.
      Here you’ll find a wealth of helpful guides, videos and blogs on divorce and separation, finances, children, domestic abuse, cohabitation, alternative parenting, mediation, as well as support with relationships and wellness. More

    • 213 Shares169 Views

      in Children

      What happens to the children if me and my ex want to live in two different countries?

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      By now, most of us will have seen the stories circulating about Joe Jonas and Sophie Turner’s divorce. Whilst some parts are reportedly fairly straightforward, like their watertight prenup, it seems there may be some contentious issues regarding their two daughters and child custody battles.
      Seemingly, the young girls have had their official residence in England, the home of Turner, their mother. However, they are currently living in the United States with Jonas and the couple, after some back-and-forth, including a claim of ‘wrongful detention’ and child abduction, have decided to temporarily keep the children in New York. Child custody battles over the country of habitual residence can be extremely stressful for both parents and children.
      Although this may seem like a dispute only the super-wealthy and celebrities have, divorce cases involving children and two different jurisdictions do happen and child abduction in the context of divorce is more common than we may realise.
      Removing a child or children from the jurisdiction (i.e. from England or Wales) without the permission of the Court or the other parent, if there is a Child Arrangements Order or Residence Order in place, is known as international abduction. Sadly, international abduction is becoming increasingly common.
      Parental Child Abduction is where a parent or guardian of a child takes them out of their country of habitual residence – where they normally live – without the permission of others with parental responsibility or the courts.
      If you plan to move away, particularly abroad, after separating from your partner, it is best that this is agreed with your ex before any changes take place to prevent difficulties arising and potentially contentious and costly court proceedings. Mediation can assist in resolving these disputes and keeping the parents relationship amicable, which is in the children’s best interests.
      You can reach an agreement without using a divorce lawyer, but this agreement will not be legally binding should disputes arise down the line. However, for a legally binding document, you will need to obtain a child arrangements order and you should seek legal advice.
      Adding an international element to the situation throws a further spanner in the works as you as parents, or the Court should proceedings go down this route, will need to decide which country is going to be the habitual residence of the children and therefore where the children will live.
      Child custody battles in divorce can be exceptionally complicated, especially when habitual residence comes into play. However, there are laws in place that protect the children, and the child/ren’s wellbeing, along with the arrangements that will be in the children’s best interests, will be the ultimate focus of the family court.
      Whilst the drama of a celebrity divorce such as Sophie Turner and Joe Jonas’ can seem intense and sometimes overly acrimonious, what is going on behind the scenes is legally difficult as well as being a highly emotionally charged subject.
      Where the children should live if the parents are wanting to split to different countries is usually decided by the court (if the parents cannot agree), but further obstacles can arise with which country’s legal system should make the decision which may be the case for Sophie Turner and Joe Jonas’ girls given that they are currently staying in New York.
      It is essential if you find yourself in a multi-jurisdictional dispute, i.e. child custody battles across two different countries, that you seek professional advice from a lawyer in all jurisdictions concerned to ensure the enforceability of any order made. Our lawyers at Stowe are experts in tricky child cases and will be able to support you, and your children, through your unique situation.
      Useful Links
      Changing a Child Arrangements Order
      Bristol Break Up Club: Will divorce damage my children?
      Co-parenting calmly
      Supporting children through divorce More

    • 125 Shares159 Views

      in Children

      My ex and I can’t agree on our child’s school

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      What happens when separated parents can’t agree on schools?
      Now the autumn term is underway, the admissions window for school placements next September is now open. It’s a big decision for all parents and their children, but for separated parents it can become even more complicated – especially if they do not agree. For some, it can cause considerable tension between ex-partners, particularly as there is a finite deadline.
      Does my ex have the right to choose our child’s school even if I have primary care responsibilities?
      Choosing a school or changing a school can be approached as a standalone issue, regardless of who has primary care responsibilities.
      If your ex has parental responsibility, they have a duty and obligation as well as the right to decide how your child(ren) is educated. Unless there are exceptional circumstances, it is likely that your ex still has parental responsibility and therefore has a voice in the decision of your child’s school.
      Even if both parents have the child’s best interests at heart, this can still mean that they struggle to agree on the right school. A huge number of factors are involved in this decision and ultimately the well-being and education of the child(ren) should be central to the decision.
      Choosing the right school
      When going through a divorce or separation, children can often be caught in the middle of parental disputes.
      Supporting children through divorce can be difficult for parents as they may be experiencing turbulent emotions, however, divorce can have long-lasting impacts on a child’s emotional and mental health, no matter their age.
      Schools are a safe space for children to cope with the difficulties going on at home. They provide routine, structure and community so choosing the right one is very important.
      When considering changing school, and approaching an application, the practicalities of this change should be considered. For example, how the child(ren) will get to and from school, the academic credentials of the institution, and pastoral factors. The emotional and well-being aspect for the child must be central.
      If you can’t agree on your child’s school
      If you and your ex find that you can’t agree on a school, there are some steps you can take before involving the court.
      Having an open and honest conversation with your ex-partner, or anyone who shares parental responsibility is very important. You may find that there is some common ground.
      If you are having difficulties broaching the conversation with your ex, seeking out some professional support, for example from a mediator or even a divorce coach can help.
      Should these methods not work, and you find yourselves still disagreeing, then the matter can be referred to the court through a Specific Issue Order application. The court will consider the position of each parent and order where the child should go to school.
      You can also apply for a Specific Issue Order if you are not the child’s biological parent, but you have parental responsibility. For example, this can apply if you are the child’s legal guardian, or who the child lives with under the Child Arrangements Order.
      The court will be guided specifically by the welfare checklist which is laid out in s1(3) of the Children Act 1989.
      They will ensure the welfare of the child is the primary concern in decision making. This includes the wishes and feelings of the child, depending on their age and understanding, as well as their physical, emotional, and educational needs.
      The court will also consider what the impact of a change of school is likely to have on the child.
      Help with reaching a decision about schools
      For separating and divorcing parents, where their child/children should live and go to school is of the utmost importance. Should you find yourself at a deadlock with your ex-spouse over schooling, there are steps that can be taken, and professional support can be sought out.
      With applications for schools and changing schools now open, these next few weeks could be key decision-making time. There is guidance available to help ensure that your child’s welfare remains paramount, and their educational needs are met, particularly during a time of change in the home.
      Useful Links:
      Webinar: Will divorce damage my children?
      Making child arrangements
      Webinar: Supporting children through divorce
      Child arrangements order
      Effects of divorce on children More

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      in Children

      Separating after the summer holidays

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      The long six weeks summer holiday are finally coming to an end. The uniform has been bought, school shoes polished, new bags lined up in the hallway.
      September is a time for new beginnings, as the school year starts and children go into new classes, or even new schools.
      The start of the school year can be a turning point in relationships, as many who have put up with their spouse throughout the long holidays reach the end of their tether and start to investigate divorce proceedings.
      As divorce lawyers, we often see a rise in people enquiring about divorcing their partner as soon as the kids return to school.
      Looking at these in relation to the summer months, there is a lull as couples and families go on holiday and try to enjoy the (hopefully) nicer weather. August tends to be a quieter month for family lawyers.
      After the summer holidays, money troubles can raise their heads – and this is especially poignant in the difficult economic climate. Not only this, but spending extended periods of time together can expose the cracks in the relationship. Just think back to the surge in divorces after the pandemic lockdowns!
      So, if you are thinking about separating after the summer holidays, what are the next steps?
      Getting a divorce
      Although much of the initial divorce process can be completed online, it is important to seek specialist legal advice, particularly when it comes to your finances.
      The first stage of the divorce process is to complete a divorce application by filling in a Form D8 online or by post. Following this, you will have a 20-week cooling off period before you can apply for the conditional order.
      After another 6 weeks, you can apply to have the final order granted, legally dissolving your marriage. However, this does not automatically break the financial ties you and your ex-spouse had within your marriage.
      Financial settlements
      Money and assets must be dealt with in their own right during the divorce process, otherwise you can remain financially tied to your ex-spouse as financial obligations are not automatically ended when you get divorced. A consent order must be in place to ensure the settlement is final and enforceable.
      Financial settlements can get complicated, which is why we have a network of Financial Advisers, pension, property and budget experts and accountants on hand to support you.
      What about the children?
      The divorce process can be a huge upheaval for children. School and other regular activities provide routine and a sense of security, so keeping this as central is vital for mitigating feelings of displacement and anxiety.
      A poorly managed divorce can have long-term impacts on children, potentially causing separation anxiety in younger children, or resentment and distancing for older children.
      There is professional and legal support available for parents dealing with children, whether infants or teens, and for the children themselves. Information on how to manage children during a divorce can be found here.
      Divorce coaches are very helpful when it comes to dealing with emotional and practical decisions, and expert legal advice should be sought when thinking about child arrangement orders.
      Divorce can be scary, so we have specialist lawyers and professionals to help you every step of the way. Please seek help to support you through this journey.
      Useful links
      Watch Stowe talks – Beginners guide to divorce
      Financial Settlement FAQs
      Avoiding Financial Mistakes
      Helping your children understand your divorce
      Impact of conflict during divorce on children More