Successful handling of businesses following a separation or divorce means damage and disruption is avoided. A family business in divorce comes under intense scrutiny. What is the business worth? What income can it produce? What is the business’s future? Opinions will vary depending on if you are the business owner or your spouse owns the business. Getting to the right answer, especially when looking at how the business should be treated when separating the finances from a marriage is challenging and complex. At Leeds Day we recognise that each business is different, so we take time to understand the commercial realities from the start. With an unrivalled multi-disciplinary approach, legal experts in resolving disputes away from the courts and a wealth of practical experience, you can be confident in our ability to offer business legal advice, whatever your interests.

We lead the way when it comes to our experience on dealing with businesses on divorce. All our family solicitors have experience in acting for business owners and their families. From small, owner managed businesses to large scale companies, we draw on our vast array of experience to give clear advice from start to finish.

Often when relationships breakdown, disputes arise over children such as where they will live, with whom and how often they will spend time with each parent. Regardless of whether your children end up living with you or your spouse/partner, it is important to make sure you remain involved in important decisions over the children’s upbringing. It is also sadly becoming commonplace that where parents have agreed the arrangements for their children, these arrangements break down, even when the arrangements are in a Court Order.

At Leeds Day we always approach such matters in a sensitive and constructive way; even though your relationship has broken down, it is important that you can agree what is best for your children so as not to disrupt them during what will already be a time of change in their lives. We also strive to ensure that you remain involved in the control of the decision making process as whilst a Court will try and do what is best for the children, it is no better placed at knowing what is best for them than the parents themselves and should always be seen as a last resort.

If you cannot agree on the arrangements for your children, we can provide you with advice and representation in applying to a Court to help in the decision making process. A Court’s priority will be the children’s welfare and often will call on assistance of CAFCASS to facilitate discussions between you and your spouse/partner with the aim of reaching an agreement which is best for your children.

The most commonly made Orders are as follows:

• Child Arrangements Order: This Order settle the arrangements for where the children will live and how much time they will spend with each parent.

• Parental Responsibility Order: All married parents of children (whether born before or after the marriage and including adopted children) automatically acquire parental responsibility. Likewise if the father’s name is on the child’s birth certificate. An unmarried father can acquire parental responsibility (and in certain circumstances other people who are not the child’s biological parents) either by signing a Parental Responsibility Agreement with the mother or by applying to a Court for a Parental Responsibility Order.

• Enforcement Order: If there is already a Child Arrangements Order in place which is not being adhered to by one party, it is possible to apply to the Court for an Enforcement Order to reinstate the arrangements and in some cases, the court may decide that the parent who breached the Order and had no reasonable justification for doing should, for example, be required to carry out unpaid work.

Collaborative family law is an alternative way of dealing with relationship breakdown. Traditionally when couples separate, they each take independent advice from specialist family lawyers and try to reach agreement over how to best settle their differences. Where couples cannot reach agreement, it is left to the family courts to decide, which can lead to heartache and uncertainty. Collaborative family law is different.

You and your spouse or partner sit down together in the same room with the help of your own, specially trained collaborative lawyer, and you work it out, face-to-face. Rather than dealing through your family lawyers, you work with them to reach the best solution possible for you and your family.

The real cost of relationship breakdown is not merely financial, although anyone who has been through the process will know how costly court battles over splitting assets can be. It is also the personal and emotional turmoil that so often accompanies the end of relationships. An acrimonious divorce can leave lasting scars, not just on the separating couple, but on their children, their extended family and support network. We commit to adopting a non-confrontational approach to divorce and encourage couples to seek shared solutions and to reach agreement. The process can also apply to same sex relationships or unmarried couples who are facing separation and can be used to resolve any other family disputes.

Expertise

Simon Thomas has practiced in collaborative family law for over 10 years and so offers a wealth of experience to clients who are considering attempting to reach agreement with their spouse or partner over financial and/or children related matters following a separation. In nearly all cases Simon has dealt with adopting the collaborative law model, he has helped clients to achieve an outcome that avoids the Court process and enables couples to still have a working relationship long after they have separated, not least when there are children involved and the need for couples to still co-parent effectively.

Our approach to problem solving maximises the options and minimises the friction between the couple. Each of you has the support, protection and guidance of your lawyer. The crucial difference between collaborative family law and the more traditional way of dealing with a divorce is that the lawyers agree they are there to help you through the collaborative process; they are not there to take the case to Court and are prohibited from doing so. If an agreed outcome cannot be reached then the two lawyers must bow out.

We provide all the professional expertise you would expect. This includes, if necessary, calling on advice from family consultants and financial experts, all of whom have undergone specific training to enable them to provide advice and support to separating couples through the collaborative process.

With your partner, you set the agenda. You work at the pace at which you feel comfortable. You commit to full disclosure and all talk openly about the issues that matter to you.

When a couple separates, one of the biggest issues is how to divide the finances and property. Our experienced divorce solicitors in Cambridgeshire will work on your behalf to achieve the best possible settlement available to you. We will also discuss with you the most suitable approach towards achieving a settlement with your spouse as choosing the right process in the beginning could save you time, money and anxiety in the long term.

The 4 main choices for dealing with a divorce or separation are as follows:

• Agreeing between yourselves – The ideal solution for many couples is for an amicable financial agreement to be reached by negotiation between both parties.

• Mediation – A qualified mediator can assist in helping you find an amicable solution together.

• Collaboratively – Qualified Collaborative lawyers can support you in a series of meetings negotiating an agreement together.

• Lawyer negotiation – You appoint a solicitor who focuses on your interests and who negotiates with your spouse’s solicitor.

Whichever of the above options works best for you, by adopting a negotiating stance, rather than a hostile one, this will help to minimise legal fees and avoid the necessity of going to court to reach a settlement.

Expertise

All of our divorce solicitors in Cambridgeshire are accredited Resolution Specialists and either trained collaborative lawyers or mediators.

Whichever option you choose, the following factors will be considered in every case:

• the financial and other needs of any children

• the current earnings of you both

• the potential future earning capacity of you both

• the length of the marriage

• the standard of living enjoyed during the marriage and income needs

• any contributions made to the marriage, both financial and otherwise – including looking after the house or caring for children

• the future assets of each party, including accrued pension values

Reaching an agreement on finances

If you are able to reach an agreement with your spouse out of court then our divorce solicitors in Cambridgeshire will draw up a consent order giving full details of the agreement reached. You will both sign this agreement and it is then sent to the court for a Judge to check it is reasonable before the court endorses it as a legally binding order.

Finding a settlement through Court

If you cannot reach agreement with your spouse then the alternative to the above 4 options is to make an application to the court and a timetable will be fixed. It is essentially a three stage process:

• First directions appointment “FDA”:

During the first stage you and your spouse will have to disclose your financial circumstances to the Judge. We will deal with all the paperwork involved and ensure that everything is in order prior to the hearing. At this stage the Judge is checking that we have all the information we need and will give directions to progress the case to stage 2, for example, whether any valuations of property or businesses are required.

• Financial dispute resolution hearing “FDR”:

Here the Judge will give guidance on areas of dispute and will encourage you and your spouse to find a compromise solution which is fair to both of you. Most cases do settle at this stage.

• The Final Hearing:

If the case cannot settle, then a hearing date will be fixed and the Judge will hear evidence from you and your spouse and your lawyers before deciding what should happen and making an order which the Judge considers to be fair.

Whilst all of our divorce solicitors will strive to ensure the Court’s involvement is kept to a minimum, if Court proceedings are necessary we aim to help you through the process and to achieve the best possible outcome for you.

Domestic abuse is more common than you think. The experienced family team at Leeds Day can help support you through the steps needed to bring it to an end.

Domestic abuse can happen to any type of person. It happens to women, it happens to men. It happens to all social classes regardless of wealth, religion or background. It can be physical, emotional or mental abuse and effect one person or a whole family. Whatever form it takes, domestic abuse is rarely a one-off incident, and should instead be seen as a pattern of abusive and controlling behaviour through which the abuser seeks power over their victim.

Domestic abuse affects the victim and more often than not the children of the family also. Not only are many children traumatised by what they witness, there is also a strong connection between domestic violence and emotional and/or physical child abuse.

Domestic abuse is chronically under-reported, but research shows that:

• one in four women and one in six men will be a victim of domestic abuse in their lifetime.

• 89% of those suffering four or more incidents are women.

• one incident of domestic abuse is reported to the police every minute.

• on average, two women a week are killed by a current or former male partner.

• domestic abuse accounts for 16 per cent of all violent crime.

There are various remedies available via the courts to protect against domestic abuse and these include orders regarding harassment, threats of violence and in relation to occupation of the home. To make a successful application to the court for an order for protection, called a non-molestation order, time is of the essence. The court may also make orders that the violent partner leave the family home immediately in circumstances where that has been actual harm. It is essential that the person seeking help speaks to a legal adviser as soon as possible. Orders by the court can last up to six months and in some instances can be extended for a further six months, in which time longer term plans can be made.

Both orders can have a power of arrest attached which provides the police with immediate power to arrest the perpetrator if they attempt to breach the order. This is effective once the order is served upon them. Breach of such an order can be punishable by a caution, fine or even imprisonment.

Family mediation helps those involved in divorce or separation to communicate better with one another and reach their own decisions about all or some of the issues arising from separation, divorce or ending of a civil partnership, including children, property and financial issues. Mediation allows you to directly negotiate your own decisions with the help of a family mediator. It is an alternative to lawyers negotiating for you or having decisions made for you by the Courts. Participation in mediation is voluntary although it is now a requirement that before any application is made to a Court concerning finances or children following the breakdown of a marriage, civil partnership or relationship, the person making the application must attend a mediation information session’ or ‘assessment meeting’ in order to find out about the option of resolving matters through mediation.

Expertise

A crucial aspect of family mediation is that the person conducting the mediation is independent and impartial. They cannot advise either party over the merits of any proposals discussed; the mediator’s role is to facilitate discussions and help the parties find common ground. If agreement is reached, the parties will need to separately seek independent legal advice on the terms before they commit themselves to a final and legally binding settlement. This is where our specialist team of family solicitors can help. We regularly advise and assist clients who are attending family mediation and help ensure that any agreement reached is put into a binding settlement. For example, an agreement over financial arrangements following the breakdown of a marriage only becomes binding when it is converted into what is called a Consent Order that is then signed by the parties and their legal representatives and approved by a Court within divorce proceedings. Our role is to draft the Consent Order and advise you on the terms before you make a final commitment to the settlement so that you can make an informed decision about whether what you have agreed at mediation is right for you.

We also discuss with clients who are seeking advice on separation and children matters the option of family mediation at an early stage of the process and whether it is suitable and can refer clients to local family mediation services that other clients tell us worked well for them.xt goes here

Setting up home or already living together? Buying property with friends or for your children? Make sure everyone’s rights and interests are properly protected.

When we talk about living together, people often assume this just means couples who have chosen not to marry. However, there are many situations considered to be ‘living together’ in the eyes of the law:

• a traditional but unmarried couple, with or without children

• a same gender couple who have not married or entered a Civil Partnership

• friends buying a house together to share the costs of living or as an investment

• parents and other relatives buying property for or with children

Whichever category your situation falls into, it is sensible to protect your interests and your finances – couples do split up, friends go their separate ways, and unfortunately, people die.

There are steps you can take to make sure that the end of a partnership does not mean you have to lose out financially or that it is clearly defined as to who gets what when they property is sold, and when.

We can help you make sure that all the necessary agreements and documents are in place either before you move in together, or after the arrangement has begun.

These can include helping you choose the following:

• Living Together agreements to cover the agreed split of household running costs, mortgages and future property rights. This is particularly important in protecting the housing and maintenance needs of any children from the relationship in the event of a separation.

• Declarations of Trust – if you choose to own the property as Tenants in Common, this allows you to specify the percentage ownership of the property, suitable if one party is putting in more equity than another. The Declaration can specify what sums were put in at the start and by who, and how the proceeds are to be divided when the house is sold and what events will trigger a sale; e.g. if a relationship/friendship breaks down.

• Whether to own the property as Joint Tenants (suitable if you and your partner are happy to own the property in equal shares, with automatic transfer to the surviving partner in the event of a death).

At the same time, we can call upon the expertise of our highly regarded wills and estate planning team who will help you draw up your Will to make sure your property is disposed of according to your wishes, allowing you to protect the financial security of your loved ones after you’ve gone.

We can help you in putting in place the right documentation to protect you and your partner, friend or family member when you live together. While we are happy to see you and your partner at the stage where documents are drawn up, we recommend one partner takes independent legal advice before any paperwork is signed.

We can also offer advice and assistance in the event your relationship has broken down.

The law has now generally caught up with the concept of same sex relationships, which means that if your relationship breaks down, many of the legal aspects about divorce and separation now apply to same sex relationships too. It depends on how formalised your relationship is, whether you are simply living together, have made a cohabitation agreement, are in a civil partnership or are married.

Whatever your arrangement, the end of a relationship is a painful time. It can be difficult to think clearly, but it’s important not to rush into decisions now, only to regret them later. This is where professional assistance from an expert in same sex family law can help. By discussing your situation and discovering the outcome you want, your solicitor will be able to suggest the right course of action to protect your interests, particularly where jointly owned property or assets are concerned.

Whether a same sex couple marry or enter into a civil partnership, they acquire the same legal rights as couples of the opposite sex who marry. This gives couples the option to make a lifelong commitment to each other, as well as providing them with a secure legal framework.

If you are considering entering into marriage or a civil partnership, or are already in one and want to know more about your rights and responsibilities, we can help. Our family law and expert same sex divorce solicitors have wide experience of helping couples through the ordeal of a relationship breakdown. We will provide pragmatic and reassuring advice that will help give you certainty at a time of confusion.

We deal with all the following matters, including:

• pre-partnership or pre-nuptial agreements

• protection from domestic violence

• children conceived via assisted reproduction

• bringing your civil partnership or marriage to an end

• financial claims upon dissolution of a partnership or divorce

It is becoming more commonplace that when couples are thinking about tying the knot, whether marriage or civil partnership, wealth planning and protection form part of the thought process. This is especially where couples are marrying for a second time and, for example, want to preserve or be able to pass on their wealth to their children from a previous marriage.

A pre-nuptial agreement is a formal agreement entered into before a marriage or civil partnership which sets out who owns what at the time of marriage and also how the couple envisage that those assets should be divided if there is a divorce or separation.

A post-nuptial agreement is exactly the same, but entered into after the marriage or civil partnership. Neither form of agreement is legally binding in England and Wales but the direction of travel in the family courts over recent years has very much been that the Court will attach considerable weight to these agreements and hold parties to the terms agreed unless it can be proved that:

• the agreement was not entered into freely by each party

• the parties did not have a full appreciation of the implications of the agreement at the time of signing it

• tt would be unfair to hold either party to the agreement

Whilst the Court is not bound to give effect to these agreements, it will be more likely to uphold the terms if the following steps are taken before entering an agreement:

• obtain independent legal advice – it is strongly recommended that each party to the agreement obtains independent legal advice from a family lawyer who specialises in the drafting of pre and post-nuptial agreements prior to signing. This helps to show that you both understood the implications of the agreement when entering into it.

• full and frank financial disclosure – full disclosure of your assets and income to your partner helps to show that you were both fully aware of the financial implications of the agreement. It is important that both of you have all of the information which is material to your decision, and that both of you intend that the agreement should govern the financial consequences of your marriage coming to an end.

• avoid allegations of duress or undue influence – the agreement must be entered into freely by both of you and there should be no evidence of duress or undue pressure before entering into the agreement. A usual safeguard against allegations of emotional pressure is that pre-nuptial agreements should be entered into at least 21 days before the marriage.

• ensure the agreement is realistic and fair – if the pre or post-nuptial agreement is weighted too far in favour of one person, there is less chance of it being upheld by the Court on divorce. Whilst the reasoning behind signing a pre or post-nuptial agreement often includes securing a more favourable financial settlement for one of you, it is still important to ensure that the agreement is realistic in light of current divorce law. The Court is unlikely to uphold an agreement that would result in one of you being left in a predicament of real need, whilst the other enjoys an excess. Equally if the dedication of one of you to looking after the family and the home has left the other free to accumulate wealth, it is likely to be unfair to hold you to an agreement that entitles the latter to retain all that he or she has earned.

• provide for future changes – it is recommended that pre and post-nuptial agreements should only last until the birth of the first child of the family or for up to a period of five years, with a review built in to decide whether the agreement remains fair or needs updating to reflect a change in circumstances.

At Leeds Day, our family solicitors have considerable experience in drawing up and advising clients on pre and post-nuptial agreements, and are able to call on specialist expertise from other disciplines in the firm where appropriate, whether that is in relation to business owners who are looking to protect their business for future generations, beneficiaries of family trusts or people that just want the certainty of what will happen if the marriage were to break down, dealing with problems before they arise.