Divorce And Children

Making the decision to get divorced can be very difficult for everyone and this is particularly true where there are children involved. This will be a huge upheaval for the whole family and will take a toll on everyone.

A report released recently by Resolution, an association of family lawyers who champion mediation and collaborative divorce, suggests that there is a huge impact on children whose parents have divorced.

Therefore it is really important to keep disruption to a minimum wherever possible when going through the process of divorce. This will not be easy in most circumstances, but there are things you can do to try to minimise the acrimony between you and your ex-spouse and try to make the process as painless as it can be.

All couples are now expected to consider mediation during their divorce and this can really help to bring a resolution to some of the more sensitive issues.

Mediation is not about trying to get a couple to stay together, but about working through the issues that are causing blockages in the divorce process. Having a mediator involved means that they can appraise the circumstances without any emotion and guide both parties towards an agreement that feels comfortable for you both.

Even if mediation is not successful and you have to go to court, at least in this process you have tried to make it work and there may well be agreement reached on some of the issues.

Try talking about the divorce process with your children if they are old enough to understand as this may help them to have a clear idea in their mind about what is happening. In addition, try not to discuss the divorce with your ex-spouse whilst the children are around as this will help to avoid any more unnecessary upset.

No one wants to have to go through a divorce, but it is possible to keep things amicable. You can discuss your options with your solicitor and talk about ways to ensure that the divorce is completed as quickly and as easily as possible with the least amount of upset.

This information provided in this article is not intended to constitute legal advice and each relationship breakdown requires careful consideration in our view by a fully qualified Solicitor before decisions are made and before you embark on a certain course of action.

Shak Inayat
Solicitor
0207 183 2898

A Guide To Writing A Will

If you don’t have a Will currently, you should seriously consider what the implications will be on your family if you die without a Will. These consequences can be particularly difficult if you have been cohabiting with your partner rather than having been married or if you have divorced but not remarried. In these circumstances there is the very real possibility that your loved one will not get a penny or that your ex-spouse will inherit everything.

The only way to really be sure about the protection of your family and loved ones is to leave a Will. Unless there is a mistake made during the drafting of the Will and it is invalid, there will be no question that your wishes will be followed.

So if you decide to make a Will, what do you need to think about adding into it? Here are some ideas:

Legal Guardians – if you have children under the age of 18 it is a good idea to think carefully about who would look after them if both you and your partner were to die. You will need to discuss the possibility with the person you want to be the guardian before adding this into your Will. In the event you do not leave a Will, your children may be taken into care before a judge decides who they will live with.

Any specific bequests – if there is something specific you want to leave to one of your friends or family, then your Will is where you would leave these instructions. This is definitive proof of your wishes and your intent and therefore there can be no disputing this after your death.

Charity Donation – there are inheritance tax implications that may work in your favour if you leave a percentage of your estate to a charity. It is worth talking to a financial advisor and your solicitor about this provision.

Trusts – you may want to leave specific instructions about a property or an amount of money in your Will and this could be left in trust. Discussing this with your financial advisor will help to clarify the position.

These are a few ideas to help get you started, but a specialist Wills and Probate solicitor will help to guide you through the process and ensure that you have a valid and legal Will in place for when you die.

This information provided in this article is not intended to constitute legal advice and each relationship breakdown requires careful consideration in our view by a fully qualified Solicitor before decisions are made and before you embark on a certain course of action.

Shak Inayat
Solicitor
0207 183 2898