Divorce: Taking control of the outcome
If I was going through a divorce, I would like a neutral, but experienced, outsider to help me find the best solution. Then I could simply agree to it and continue my life.
I would prefer to have my solicitor. Fairness is difficult in this situation. Rarely will two solicitors come up with the same outcome. Although the law clearly states that the starting point is an equal division of all assets acquired during the relationship, there will always be arguments. Many arguments could be made to justify the lower percentage of assets going to the financially poorer spouse. The reverse holds if there is little capital, but a large income or inherited wealth.
Your solicitor will likely want to make a prediction that makes you feel better than you are now.
It’s easy to see how polarization can happen and how fairness can be distorted. This is before you consider psychological factors like feeling undervalued and attacked for ending a marriage.
No matter how difficult it is to resolve financial problems, there will be times along the way when you will have the chance to make a dignified exit.
The FDR hearing (Financial Dispute Resolution Hearing), is one of the moments in the court process. The hearing will be held before a Judge, who will hear both sides present their proposals. The judge then provides an “early neutral evaluation” of all issues and usually recommends a settlement.
A private FDR is an option if you have the funds. You can do this earlier, without the court process. Once you’re both confident in your financial situation and the momentum is high for resolution, it is possible to do this at a later stage.
It is important to choose to follow a reasonable recommendation. It’s easy to get caught up in both your and your lawyer’s versions of the facts. Both sides can get caught up in this, but you need to be realistic and clear.
Lawyers know that the rule of thumb is that you should not leave a gap before the Final Hearing. The cost of continuing will likely be less than what you have already spent. Splitting the difference will protect you from a maverick Judge, prevent you from spending that money on the family law south surrey, and reduce hostility when you meet over a Courtroom floor.
Although the FDR Judge may have a different view, the Judge at Trial might still be able to offer a different perspective. However, his or her job does not resemble solving the Times crossword. There is no right answer. The answer is always right within a certain range, but it won’t be appealable.
It is not easy to divorce, but it is possible to identify the times when settling makes sense and make a deal. This will make it easier for you, your kids, your friends, and most importantly, your pocket.
The voice of the child
Research about children’s mental health
UCL Centre for Longitudinal Studies conducted a January study and found that children who have experienced a breakup in their families in late childhood or early adolescence we’re more likely to experience emotional and behavioral problems than children who live with both of their parents. Researchers looked at reports on children’s mental health at the ages of 3, 5, 7, 11, and 14. They also examined reports about their behavioral and emotional problems such as disobedience and low mood. The researchers compared data on children who had experienced a split from those who didn’t. This research is believed to be the first to examine the link between family splits and children’s mental health.
A rise in domestic violence cases and children
Family law cases involving children are on the rise in this context. According to the MoJ Family Court Statistics published in June 2019, 13,677 private child law cases were opened in January-March 2019, an increase of 12% over the same quarter of 2018. The number of applications also rose by 12%. Domestic violence remedy orders applications rose by 15% in the same quarter of 2018 compared to 2018. Over the same period, the number of domestic violence remedy order applications increased by 15%.
Are we doing enough in the English and Welsh family courts to protect the welfare of our children’s mental health and promote their mental health? Shmuel Moan explains that the Court in Israel nominates a specialist who will evaluate the parental capacity. This includes a psychologist who assesses the mental health of the children. This is in addition to the reports that independent social workers and Cafcass provide in our system, which are not always ordered in every case. Shmuel Moan asks if it would be better for children to receive professional psychological support than being involved in the evaluation of their parents.
This is an excellent opportunity for us all to raise awareness about mental health issues and fight social stigma. This is a good reminder to all of us to push for more practical and direct intervention in the assessment and treatment of child mental illness after divorce or relationship breakup.