Category: Family & Divorce

A child’s health and wellbeing is undoubtedly the paramount concern for any parent during these unprecedented times. One key dilemma faced by many parents with a Child Arrangements Order (CAO) in place is how to comply with the provisions without risking their child’s or their own safety and what happens if the terms of the Order are not being followed.

Please see our Q&As below

Can my child visit me even though there is a lockdown?

In their guidance released on 23 March 2020 the Government confirmed that the current lockdown does not necessarily prevent moving a child from one parent’s household to the other. Therefore, direct contact can and should continue in accordance with any CAO provided, of course, that neither parent, the children or anyone living in the household have symptoms or are self-isolating.

What should I do if I agree that the CAO should be changed temporarily?

If both parents agree that complying with the CAO is currently not safe, they should discuss and agree alternative arrangements to enable contact to temporarily take place indirectly via facilities such as video calling, Skype, Whats App, Face Time or Zoom. It is advisable to ensure that any such agreement is recorded in writing for clarity and to avoid any later dispute.

What if one parent will not agree to comply with the terms of the order?

One parent may believe that it is safe for contact to continue but the other may not. Here, there should be a sensible assessment of the circumstances including the child’s present health, the risk of infection and the presence of any recognised vulnerable individuals in one household or the other. Ultimately, it will be a decision for the parents to make but they should communicate with each other about their concerns and what they think might be a good practical solution.

If the parents cannot jointly agree to temporarily change the terms of the existing order, for example, if one parent feels that contact continuing will be against the current Public Health England guidelines, then that parent may exercise their parental responsibility to change the terms of the order but the Court will, once the current restrictions have been lifted, assess whether that parent acted reasonably if the other believes that they did not.

If I cannot see my children what are my alternatives?

The Family Court has emphasised that where direct contact cannot continue they will expect alternative arrangements to be made to establish and maintain regular contact between the child and the other parent within the Stay at Home Rules such as via remote facilities as described above and, if that is not possible, then by telephone. The fundamental objective of any CAO should not be affected in such circumstances, only its implementation.

The guidance reminds parents that they have responsibility for their children and not the Court.

What can you do if the other parent is using Covid 19 as an excuse to prevent or hinder contact?

One parent may feel that the other is using the current pandemic as an excuse to hinder contact. The Courts recognise these concerns as genuine and if you believe that this is happening, you have the option of raising this at your next hearing or immediately applying to enforce the order. The Court will consider whether the other parent acted sensibly and reasonably in light of the Government guidance and the evidence specific to your family.

Lockdown does not mean Lockout

Our specialist Family Team at Vyman Solicitors understand that it is very important for parents to maintain and build their relationships with their children particularly in these stressful times. Understandably, parents will wish to avoid alienation due to the current pandemic.

We are happy to discuss any concerns that you may have about existing contact arrangements and provide guidance on what steps you should take to ensure that this continues without interruption.

We can also assist in organising alternative contact arrangements or with drafting agreements temporarily varying the terms of an order.

We are here to guide you so you can try to ensure that even in these exceptional circumstances your relationship with your children is not compromised.

A lockdown does not have to mean being locked out of your children’s lives.

Divorce is a sad and difficult time for most couples so finding ways to make the experience more palatable is always welcome. The aim, for the majority of people, will be to achieve an amicable, fair and cost effective outcome with minimum stress and anxiety.

The family team at Vyman are specialists with over 20 years of experience in this area of law and have acted for a very broad range of clientele. Here are our top tips to help achieve a more successful outcome on divorce:

1. PLAN AHEAD

Be financially prepared; divorce is not about the short term. Plan for your future needs, possibly as a single parent with a significantly reduced income. Do your research and consider a budget. Will you have enough?

2. AVOID IMPULSIVE REACTIONS

Talk to your partner; if possible be open and honest. This reduces tension and anxiety, helps to minimise your costs and can keep things amicable.

3. DON’T INVOLVE THE CHILDREN

Many couples, sometimes unintentionally, use their children to get their way in a marital dispute. They forget that separation can often be more emotionally traumatic for the children than it is for the parents. Avoid talking about these issues in the earshot of your children, it’s best done when they are not around. 4.

4. DON’T FEEL PRESSURED

We frequently hear about one party being willing to agree terms of settlement that are unfavourable to them to avoid a bitter or acrimonious dispute. Don’t feel pushed into accepting an offer from your partner if you feel it is unreasonable. If the maths do not add up it probably is unfair. Consider what the consequences will be for you in the long term.

5. GET INVOLVED

Understand the legal process. Obtaining a court order confirming settlement terms provides certainty and avoids future claims. Speak to a specialist family lawyer; often paying for advice and assistance where needed can result in a smoother and more efficient outcome where you feel supported and stronger.

Zharna Sutaria heads the Family Team at Vyman Solicitors. She is a Law Society accredited specialist and a member of Resolution meaning her focus is always on achieving an amicable settlement.

Contact her on 020 8429 1010 or Zharna.sutaria@vyman.co.uk if you would like to discuss how she may be able to assist you.

ONS figures show that cohabiting couples are the fastest growing family type in the UK, but the legislation has not moved with the times.

When Bhadrak Reddy (34) moved into a flat in Harrow five years ago with his then girlfriend Tanya Bhatt (32), making plans in case they broke up was the furthest thing from their minds. Bhadrak owned the property but the household bills were split evenly between the couple.

Their relationship soon deteriorated and they decided to separate. Tanya felt she was entitled to half the property. Bhadrak disagreed. Like many people, Tanya thought they had a ‘common law marriage’ with the same legal rights as married couples. This is not true. (Case study is fictional and for illustration purposes only).

The latest figures from the Office of National Statistics (ONS) shows that the divorce rate has fallen by 30% since 2003 – more people are choosing to live together before becoming married and this means many cohabiting couples find themselves in the same difficult situation as Bhadrak and Tanya.

On cohabitation breakdown there is no right to claim against a financial asset that is in the sole legal ownership of one party.

However it may be possible to establish a claim by an alternative doctrine known as equity (or what is considered fair and just). A claim may arise where one party has made a financial contribution or it can be established that there was a common intention to share assets but this can be difficult, time consuming and expensive. There is also no right to claim maintenance except for any children of the relationship.

Is there any way to ensure financial security?

The only way to guarantee some financial security or to protect assets in these cases is to have a cohabitation agreement in place from the outset. Parties should seek legal advice at an early stage.

Cohabitation agreements are similar to prenuptial agreements. They involve both parties taking independent legal advice, making financial disclosure and agreeing how their assets should be divided if there is a relationship breakdown. The agreement creates an enforceable contract between the parties.

It is also worth noting that in the event of a partner’s death, cohabitation alone does not provide the surviving partner with any automatic right to inherit part of the deceased’s estate if there is no Will.

The survivor could have a potential claim against the estate for financial provision under the Inheritance (Provision for Family and Dependants) Act 1975, but this will depend on the circumstances. It is therefore important to have an up-to-date Will referring to the cohabitee if you would like them to inherit from your estate. This reduces the risk of costly disputes between the survivor and other relatives after your death.

Article by Zharna Sutari

To most people, marriage is all about love and romance – a future life of wedded bliss viewed through rose tinted glasses.

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Divorce never used to be a ‘common’ issue, nowadays it has become ever-increasing!

If you are thinking about getting a divorce, you need to know what to expect. Each divorce matter is different so not all outcomes will be the same. Below are 5 key elements to consider if you are thinking about getting a divorce:

1) What is the motivation behind the divorce?

Before filing for a divorce, couples need to think about the motivation behind it. If you feel a divorce will resolve an issue with your spouse, you are wrong, you will promote conflict – so think hard about why you want to file for a divorce. Don’t split your family apart due to a rash decision.

2) What happens to your assets?

You need to think about what may happen with your assets such your house, especially if you are joint owners alongside other high value items. It’s not the best thing to think about but you will have to right at the start.

3) How does this affect your children?

If divorce is the only way forward, you will need to think about your children and talk to them about it, if they are old enough to understand. Divorce can have a huge effect on children so our recommendation is to be as supportive as possible and to find a way to ‘co-parent’ together.

4) How much will the divorce cost me?

Divorce does not come cheap therefore it is important to keep this in mind. Various elements affect the cost for divorce such as the time taken for proceedings to go through to the professional you hire and whether or not your spouse wants to settle inside or outside of the court. To understand the process, it is important to get guidance from an experienced solicitor.

5) Should I change my name?

When you got married, you may have changed all your legal documents from driving license to passport. Therefore, changing it all back can be daunting.

At the end of the day, divorce is a life changing decision. It is your and your partners decision. No matter what you decide, be sure to factor in the above and most importantly assign the right solicitor on your side.

Shreeti Rajdev – Solicitor /Partner
T: (0)20 8866 6464
E: shreeti@sethi.co.uk

The Sethi Partnership Solicitors I The Barn House I 38 Meadow Way I Eastcote I Ruislip I Middlesex I HA4 8TB

“This document is for informational purposes only and does not constitute legal advice. It is recommended that specific professional advice is sought before acting on any of the information given.”