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      in Family Law

      INTRODUCING Stowe talks: How to

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      Ever wished you had step-by-step instructions to help guide you through typical divorce processes?
      We know that divorce and separation can feel like a minefield cluttered with complicated paperwork, legal jargon and complex processes.
      That’s why we’ve produced Stowe talks: How to a new range of free step-by-step videos and guides.
      What you can expect from Stowe talks: How to
      Each edition includes a video and accompanying guide available to download for free. The focus on offering practical, to-the-point information and guidance from a family lawyer on a specific topic related to divorce or separation, including:
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      Explore more Stowe talks: How to resources
      Watch Stowe talks: How to videos
      Download the accompanying guides More

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      in Family Law

      What is in store for family law in 2024?

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      2024 has the potential to see the conclusion of a number of UK government legislation amendments and consultations. Each carefully considered change will have a far-reaching impact on family law and those dealing with the personal impact of family law matters. So, as we begin the new year, we look at important changes on the horizon and suggest what may be in store for family law in 2024.
      Financial Remedies Court reporting pilot
      The spotlight on ‘transparency in the Family Court’ continues in 2024. Following on from last year’s introduction of measures to increase understanding and scrutiny of the system, a new pilot scheme is set to start on January 29th.
      The Financial Remedies Court (FRC) reporting pilot will allow accredited journalists and bloggers to report on financial remedies proceedings. These include financial issues arising from divorce and civil partnership dissolution, and child support cases.
      The FRC pilot will initially cover three trial courts: the Central Family Court, Birmingham, and Leeds. Notably, certain hearings, like Financial Dispute Resolution, will maintain confidentiality, preserving the privacy of those involved.
      Proposed amendment to Victims and Prisoners Bill affecting parental responsibility
      In January 2024 the Ministry of Justice’s proposed amendment to the Victims and Prisoners Bill moves to the next stage. The proposal announced in 2022 seeks to automatically remove parental responsibility for parents convicted of the murder or voluntary manslaughter of their co-parent.
      The legislation change emerged after the death of Jade Ward, whose partner and father of her child murdered her in 2021. He was found guilty and sentenced to a minimum of 25 years in jail. Since then, Jade’s family have lobbied for a change in the law to automatically remove parental responsibility so that convicted offenders can no longer seek information about their children or make key decisions about their lives.
      The Ministry of Justice have confirmed that there will be exemptions in cases involving domestic abuse.
      Possible outline of future financial remedies reform
      In 2023 the Law Commission of England and Wales launched a comprehensive review of financial remedy orders. The review examines how finances are divided among couples post-divorce or civil partnership dissolution, currently governed by the Matrimonial Causes Act 1973 and Civil Partnership Act 2004.
      The aim of the review is to evaluate the effectiveness of current laws and ensure fairness for divorcing couples. Among other factors, the review set out to analyse discretionary powers of judges, explore wider powers for orders involving children over the age of eighteen, assess pension-related orders, review the mechanics and structure of post-divorce financial payments.
      The findings, anticipated in a scoping report in September 2024, may pave the way for significant reforms in future financial remedies legislation.
      Family court fees to rise
      Last month the UK Government completed a consultation which looks to increase court fees by up to 10% in 2024.
      The Ministry for Justice wants to increase revenue generated by the courts to ensure that they remain ‘sufficiently resourced’ to protect access to the courts for all those who seek justice.
      Users of His Majesty’s Courts and Tribunals Service (HMCTS), including the family court, contribute to the cost of the justice process by paying fees. Court fees generated £727 million of the total £2.3 billion cost to run HMCTS in 2022/23, with the remainder funded by the taxpayer.
      By increasing court fees by 10% the UK government is expected to generate up to £42 million per year. The key objectives of the price increase are to keep pace with increased costs, improve service delivery, subsidise the cost of free services, and reduce the overall cost to the taxpayer.
      Key 2024 family court fee increases include:

      Application for a divorce, or civil partnership dissolution – fees will rise from £593 to £652
      Application for a parental order – fees will rise from £232 to £255
      Application/permission to apply for adoption – fees will rise from £183 to £201
      Application for a financial order (other than consent order) – fees will rise from £275 to £303.

      Resolving family matters out of court
      In 2024 we’ll see a continuing emphasis on encouraging parties to seek resolution of their disputes outside of the court system. Last year the UK government carried out a consultation ‘Supporting earlier resolution of private family law arrangements’ to review mediation in family law.
      As a result, in 2024 we could see mandatory mediation for all suitable low-level family court cases (excluding those which include allegations or a history of domestic violence). The aim is to divert family disputes away from stretched courts and protect children from the impact of acrimonious and long-running court cases.
      It’s hoped the proposals will mean more people can make decisions and achieve resolutions with the support of a qualified mediator, rather than placing the decision with the family court.
      General election
      While the date of the next UK general election is still to be announced, it’s widely anticipated that the current Conservative government will call for an election in 2024.
      The latest voting intention polls suggest that Labour may win the next election, meaning a change in government. Whilst no parties have yet released their election manifestos, and the exact nature of any proposed changes to family law is yet unknown, we can expect to see some impact. More

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      in Children

      The Impact of the Housing Crisis on Divorcing Couples

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      Whilst the impact of the cost-of-living crisis is ongoing, the housing crisis in the UK has taken a front seat in the media. The market has seen record high mortgage rates which has become a battleground for divorcing couples, as well as sky-high rental prices and a lack of housing.
      These issues are having a significant impact on divorcing couples across the country.
      Housing is often a contentious subject in divorce proceedings, as couples fight over whether to keep the family home, and, if they do, who gets to live in it. As mortgage rates have risen, what to do with the marital property has become an increasingly tricky subject.
      What happens to the home in divorce?
      Generally, there are three options for divorcing couples when it comes to property. The first is to sell the house and pay off whatever mortgage is left. They then divide any equity. This money is used to put a deposit down on a new house or to rent a property.
      The second option is to keep the family home and the mortgage in both names. The couple agree to sell the property at a later date, for example when their youngest child turns 18.
      Finally, in some divorces, one party will buy out the other’s interest in the house and transfer ownership into their sole name.
      If you decide to sell the marital home, equity is apportioned according to various factors, including the borrowing capacity of each party.
      Nevertheless, being able to afford two separate properties is not always guaranteed especially in the current climate.
      If you are unable to come to an agreement with your ex-spouse about your marital property, it may be necessary for the court to step in. Although the court’s starting point will be a 50/50 split of the assets, the decision will be based on fairness, depending on the needs of each party, their future earning capacity, the wellbeing of any children.
      For those going into renting, no-fault evictions are a concern. The government has again delayed the Renters (Reform) Bill. This piece of legislation would improve security for renters as it would impose restrictions and obligations on private landlords, preventing them from evicting tenants without proof under Section 21 of the Housing Act.
      What options are there?
      The housing crisis is making property decisions increasingly difficult. Combined with the impact of the cost-of-living crisis, couples going through divorce are having to think outside the box.
      Birdnesting is one such avenue. This is where the children stay in the family home, and their parents rotate into and out of the house. Each parent will have a set amount of time in the house, dependent on the child arrangement agreement.
      However, this means that they will also need a separate living arrangement, but many turn to friends or family as a temporary solution.
      However, this is not always possible. As the housing crisis continues, we will likely see more divorcing couples coming up with creative solutions to the housing issues.
      It is important to discuss all the avenues available to you with a lawyer. When there has been full financial disclosure, negotiations can begin on what the marital pot will allow.
      Useful Links
      Property in Divorce – what you need to know
      How to financially plan for your divorce: Watch on YouTube
      Top 3 Financial Considerations
      Budgeting Solo in the Cost of Living Crisis: Watch on YouTube
      Can I afford to divorce my partner?
      Dangers of a DIY Divorce: Listen on Spotify
      Taking control of your finances on separation and beyond: Listen on Spotify More

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      in Family Law

      How to manage the Cost-of-Christmas Crisis

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      It’s the most wonderful time of the year!
      But it’s also one of the most expensive.
      The Cost of Christmas Crisis, as it has been coined, is taking its toll again this year. Recent research from easymoney has revealed that people are cutting down on their Christmas spending this year, as the cost-of-living crisis has an ongoing impact. 59% of us are looking to make cuts this year, with 55% of respondents stating that whilst they usually have an extra savings pot put aside for Christmas, they have saved less than planned.
      Financial Planner Jodie Phelps has put together some top tips on how to manage your money in the Cost of Christmas Crisis when the purse strings are tighter than ever.

      Be aware of the potential for emotional spending during the holidays. Stay mindful of your emotions and instead of using retail therapy as a coping mechanism write a list of other things you enjoy doing so when you feel yourself about to spend do the other things on your list instead (eg. take a bath, go for a run, call a friend)
      BUT, recognise the emotional challenges that may arise during the holidays and prioritise self-care; allocate budget for activities that bring you joy and contribute to your well-being
      Develop a budget that reflects your changed financial circumstances and keep track of your spending
      Create a list of people you want to buy gifts for and allocate a specific amount for each person
      Consider creative and thoughtful gifts that don’t necessarily have to be expensive (eg. photo collages, scrap books, experiences). Remember, the holidays are about spending time with loved ones and creating meaningful memories, not just about the gifts.
      If you have a large family or friend group, consider setting limits on the amount spent on gifts or participating in a Secret Santa
      Plan your holiday meals in advance and create a shopping list. This can help you avoid last-minute, impulse food purchases/takeaways
      Be mindful of impulse purchases, especially when faced with holiday sales and promotions
      Look for discounts, compare prices, and consider using cashback or price-tracking tools to find the best deals
      After the holidays, review your spending and assess what worked well and what didn’t. Use this information to plan for the next holiday season.
      Make a note of your Christmas pay date when budgeting, as it’s usually earlier in December. Plan for the long stretch between Christmas pay day and January pay day
      Start saving a monthly amount for next Christmas so that next year you have money allocated for you to enjoy Christmas.

      You can find out more about Jodie on her LinkedIn.
      Relationship Tensions
      Financial tensions are a huge driver in divorce enquiries, and in a survey that we conducted, 60% of respondents said that the crisis was negatively affecting their relationship.
      If you do find that tensions around money build between you and your partner around this time of year, here are some suggestions on how to safeguard your relationship at Christmas. It’s important to remember that Christmas does not cause divorce and relationship breakdown. However, it can expose pre-existing issues, so getting to the root of the problem is very important.
      Stowe Solicitor Abi Jones has some top tips on reducing tensions around the festive season:

      Communicate – communication is central to healthy relationships and talking through your worries with your partner can help to alleviate pressure
      Lean on friends or family members outside of your relationship for support if needed
      Figure out where your priorities are, and if they are different to your partner’s
      If you have differing priorities, try to compromise and find where your middle ground lies
      Consider speaking to a financial planner or another professional – you can find our recommended partners in our Divorce Directory
      Try to focus on the positives, even if they seem insignificant. Small changes can make big differences over time
      Come up with interesting ways to celebrate this time of year together without the pressure of money
      Try to have some time together. Christmas can be a very busy time so spending time with each other is essential. It does not have to be big or expensive. It could be as simple as having a movie night together when the children are in bed.

      First Christmas After Separation
      Abi discusses how to manage your first Christmas after separation.
      It may be that this is your first Christmas after divorce or relationship breakdown. If this is the case, you may be more worried about money than you usually are as you may well have gone from a dual income household to single income. Not only this, but the routine and traditions of the day may also suddenly be different.

      Create experiences, rather than physical gifts
      Downsize your giving
      Use second-hand website such as Vinted or ebay
      Do Secret Santa instead of buying gifts for everyone
      Make home-made gifts
      Keep the celebrations small
      Don’t be tempted by payday loans, as this may cause more issues later on
      If you have young children, toy appeals may be available. Certain charities have toy appeals where individuals can donate toys which are then distributed between families
      Try not to compare your Christmas to others, either of your past or other people’s
      Manage the expectations of any children – let them know that change is normal but ensure they are informed of what changes, scheduling, what will be happening, where and when.

      Remember that Christmas is one day. There is a great deal of pressure for Christmas Day to be perfect, but it is just one day in the year.
      Think about how you want to spend your Christmas. Would you like to spend it with a friend, with family or even alone. This is an opportunity to make new traditions.
      Lastly, Christmas does not necessarily have to take place on 25th December. If this is the first year you do not have the children after going through a divorce or separation you can always pause your Christmas until the day after or have it before.
      Useful Links
      Financial Wellbeing with Jodie Phelps or watch on YouTube
      Surviving Christmas after Separation
      Child arrangements at Christmas
      Christmas alone with divorce and break-up coach Claire Macklin
      Budgeting solo during a cost-of-living crisis: Listen on Spotify or Watch on YouTube
      Supporting children through divorce: Listen on Spotify More

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      in Children

      November 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
      Divorce finances: How DIY divorce can backfire
      What is a Financial Settlement and How Does It Work?
      Blended families and stepparents: A beginners guide
      Unique Challenges of LGBTQIA+ Divorce
      I’m not the ‘breadwinner’ in my divorce
      How do separated parents split Christmas?
      Watch recent webinars
      Cardiff Break Up Club: Surviving Christmas after separation
      Stowe talks 23/24: Parenting alongside a narcissist with Dr Supriya McKenna
      Listen to Stowe talks podcasts on Spotify

      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

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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

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      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

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      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