When divorce is the

only solution

 

At this time of year, many of us look at our lives and endeavour to follow our New Year’s resolutions, perhaps to give up smoking or join a gym and get fit.

 

  

 

Sadly, in the wake of Christmas and New Year festivities, we sometimes find that the stress of modern life can lead to the breakdown of family relationships, despite our best intentions. Indeed, the UK divorce statistics in recent years have shown a rising upward trend at the start of the year. Whilst the England and Wales figures for 2005 in total showed an 8% decline, there were still over 140,000 couples who divorced in that year.

The recent high-profile media coverage given to the Miller v Miller and McFarlane v McFarlane cases, and the impending McCartney divorce, highlighted the recent Law Lords’ judgment in those cases which created a landmark ruling where relatively significant assets or earnings are generated by either party.

Certain key principles were established in those cases:

  • As has always been the case, the welfare of the children will be the court’s first consideration.
     

  • Fairness – Although never defined by the courts, they have now ruled that the needs, contribution and compensation of the parties must be taken into account.
     

  • Determining fairness – The courts, when determining fairness, will consider dividing the available assets so as to make provision for each party’s housing and financial needs.
     

  • Partnership – All marriages are to be viewed as a partnership of equals and the courts must not discriminate between "money earners" and "homemaker/child carers".
     

  • Compensation – which the House of Lords has defined as a means of re-addressing significant prospective financial disparity between the spouses and as to how they conducted their marriage, such as one party giving up their work so as to raise a family.
     

  • Conduct – In most cases the notion that conduct (such as adultery) of either party is to be taken into account in determining a financial settlement is rejected.
     

    •

    The implications of these rulings could be far-reaching for relatively wealthy marriages and may lead to an increase in pre-nuptial agreements, although these are not always upheld by the courts.

    Whatever the circumstances, whether you are a husband or a wife and you find yourself in a relationship where divorce is the only solution, you need effective, reliable, practical and sympathetic legal advice from an expert solicitor. In our area, Sandersons, Solicitors have particular expertise in Family Law and, where appropriate, Legal Aid can be provided.

    If you require advice or assistance, contact:

    David Roberts (Hull) or Simon Griffiths or Sally-Anne Neal (Beverley)

    Sandersons Solicitors

    Tel: 01482 324662

    e-mail enquiries@sandersonssolicitors.co.uk 

     

     Source: Yorkshire Today, January 2007