Advice and Observations on Divorce Cases

By McCorry Connolly Solicitors

Family solicitors in Romford

The award of maintenance payments is never a black and white issue, but always come in multiple shades of grey. The factors considered in the awards include;

• length of relationship• health• age• vulnerability• ability to pay/standard of living during the relationship

It is also worth noting that, contrary to popular belief if a client has built up income or assets prior to being married then that is up for grabs too; it is defined as 'pre-acquired wealth'.

A not uncommon situation is that one partner may be suffering from some form of drug or alcohol dependency - alcoholism is a common behaviour cited in divorce.

For example; one partner begins divorce proceedings due to the others' alcoholism and relies on this during the hearings as the reason for divorce.

What they are actually doing is asking for a large maintenance payout to be awarded because the court will recognise that, as an alcoholic, that individual will have little chance of holding down a job and therefore little potential earning power and will order a more substantial payout than if the grounds for divorce were infidelity.

One of the most significant impacts of divorce proceedings is that of finances.

Ironically, but logically, it costs more to fund two separate households than a single household.

So, it is often the case that couples that split up as a result of financial issues will actually be making their financial situation worse!

In ‘Contact’ applications the judge looks for evidence that the individual is looking out for the child's best interest and;

• is prepared to go at child's pace & not force the issue• does not bad-mouth their ex-partner• does not put the child in the position of "choosing" one parent over the other• does not question the child about ex-partner's lifestyle

If all these boxes are ticked then there is a strong likelihood that contact will be granted.

A child has a human right to stay in touch with both parents providing they are not at risk of harm.

How to keep solicitor costs down in a break-up

Couples actually need to be counselled on how to split up.

Although there is bound to be a degree of acrimony and bitterness in these break-ups it pays for the litigants to accept that the only winners in bitter divorce and custody cases are the lawyers themselves.

Relate can help with this counseling showing former couples how to split up and how to deal with children in these break-ups.

The bottom-line is that if both parties focus on the best interests of the child (rather than their own) then that is in everyone's interest as it will save time, money and heart-ache.

Finally be sure to take professional advice - do not act on information that you have sourced from unreliable sources.

A client once came to see me before the hearing looking very pleased with himself as he had just transferred his business into his father's name after being given the advice in the pub.

Unsurprisingly the judge hammered him!