Many of us watch or have heard of one of Britain’s most awaited reality shows this year, Love Island. For 8 weeks millions of viewers tune in to watch relationships form and develop. It is apparent that the popularity of such shows is due to our culture’s fascination with human psychology and relationships. Whilst perhaps some of the show may have been staged, or moments that appeared to be genuine, manufactured to provide ‘TV gold’, there were some important issues raised. Not for the first time, terms such as ‘narcissist’ and ‘gas lighting’ were thrown around, labelling some of the contestants.

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But what is a narcissist?

Generally a person with a narcissistic personality has an extreme feeling of self-importance, superficial charm and a lack of remorse. People in a relationship with a narcissist may find that they feel manipulated by their partner, and anxious all the time.

And how about gas lighting?

Gas lighting describes the behaviour of someone who attempts to control another person by manipulating them to doubt their own minds, and their reality or interpretation of a situation.  

The term ‘Gas light’ came from a 1938 play about a husband who slowly makes his wife believe she is going insane by turning gas lights on and off, and convincing her that it is all in her mind. If you have not seen it, it is worth a watch to gain an understanding of what this looks like in real life, however, be warned, it makes for very uncomfortable viewing.

Recently many have taken to social media criticising Danny Bibby for displaying this type of behaviour towards fellow contestant Lucinda Strafford. Many viewers say that she had a lucky escape.

Often we see clients whose relationships have broken down due to one party displaying signs of a Narcissistic personality disorder or by their attempts to ‘Gas light’ their spouse. This can include the abuser contacting their partner’s family and friends to provide false information about their partner, with the idea being to turn everyone against them. Some even attempt to use the divorce process to make their spouse appear mentally unstable by filing false information. 

Being married to or in a relationship with such a personality can be incredibly difficult and leaving the relationship, even harder.

So what can you do? If you have decided that the relationship is over it is wise to document everything and if you are separating keep communication with your partner to a minimum. Talking to a solicitor as soon as possible in the process can help you understand your legal rights and speaking to friends, family and/or a counsellor can help you mentally and emotionally too.

If you know somebody who may need some advice, do tell them to come and see us for a friendly and sensitive approach. Give our Family Team a call on 01908 660966 / 01604 828282 or email Family@franklins-sols.co.uk.

The Government have announced to commit to 6th April 2022 for the introduction of the Divorce, Dissolution and Separation Act. This is a definite date, fixed as a matter of Parliamentary record, rather than the indicative timetable previously shared.
The Act will allow married couples to divorce without assigning blame to each other. It has been a long time coming and many family lawyers feel this is long overdue.
Whilst this date is later than originally indicated, with many believing this Act would be introduced in Autumn 2021, it is understood that the delay is to allow for the necessary IT changes to be made to the Court’s online divorce systems.
Although couples will now wait awhile longer for this important reform, they can be reassured that we now have certainty over the introduction of the Act.
If you need any information in relation to separation and divorce, contact our expert Family Law Team on 01908 660966 / 01604 828282 or email Family@franklins-sols.co.uk

Couple SeparationWhen separation occurs between unmarried couples, they do not have the same rights as a spouse. Unmarried couples cannot make claims against pensions, income, or larger financial provision based on needs and spousal maintenance. However, they can make claims for a share in a property under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA). 

The Trusts of Land and Appointment of Trustees Act (TOLATA) gives the Court power to make decisions where there are property disputes between unmarried couples. The Court can make decisions on ownership of a property and who can remain in the property.

Bringing a Claim:

In order to start Court proceedings, you will first need to attempt to settle outside of Court. You’ll send a pre-action letter to your ex-partner, known as the Defendant. The letter will set out your case, and the Defendant will have a short period to respond and set out their case. At this point, there may be an opportunity to settle the claim without going to Court. If you both fail to settle, then you can take the claim to Court.

You will have to submit a claim form, which will include a summary of what you are making a claim for and why you’re doing so. It will also include your evidence and what you wish the Court to do. The Claim Form is issued by the Court and then served on the Defendant. Under Part 7, the Defendant has 14 days to respond to the Claim Form. Under Part 8, the Defendant must file an acknowledgement within 14 days of receiving the Claim Form. That acknowledgement must be sent to you and filed at Court. Once the Acknowledgment of Service Form is filed, the Court will fix a hearing for directions.

All cohabiting couples should consider whether entering into a cohabitation agreement is the right thing for them. It may help couples avoid lengthy legal battles in the future if that relationship later breaks down. If you do find yourself in this situation, we can advise you on your rights, help you to settle your property dispute, make a TOLATA claim or defend a claim being brought against you.

At Franklins, our experienced solicitors will be able to provide you with expert advice and assistance. Contact Kelly and our Family Team on 01604 828282 / 01908 660966 or email Family@franklins-sols.co.uk.

Non-Molestation Orders are used to protect victims of domestic violence. It prohibits a person (the abuser) from molesting the person applying for an Order. They can also protect victims from acts or threats of violence, use of abusive language, stalking and abusive messaging such as text messaging or Facebook messages. A breach of a Non-Molestation Order is now a criminal offence.

Domestic violence charity Refuge saw an 80% increase in calls to its helpline during the first national lockdown, a trend the government believes has continued through this latest lockdown period. It is therefore important for victims to know what they can do legally to put a stop to this.  

To apply for a Non-Molestation Order, you must be able to show that you are ‘associated’ with the abuser. This effectively means that you and the abuser must be or have been in a relationship, live together or have lived together or be related to one another. 

An application for a Non-Molestation Order can be made without the abuser having to be made aware of it until after the Order has been granted. This is relevant where the applicant is in immediate danger or to notify the abuser of the Order would place the applicant at risk of physical harm.

The order lasts for a fixed term, which is typically 6 months or a year. However, it can last until a further order of the court is served or in some cases, indefinitely.  

Here at franklins, our Family Law Solicitors can help you to apply for a Non-Molestation Order. Contact our Family Team on 01604 828282 / 01908 660966 or email Family@franklins-sols.co.uk

What is a Child Arrangement Order?

It is a Court Order which sets out who a child should live with, spend time with or otherwise have contact with. It replaces ‘residence’ and ‘contact’ orders, although people who have existing residence and contact orders do not need to apply to replace them with child arrangement orders. They are made under powers granted by section 8 of the Children Act 1989.

Who can apply for a Child Arrangement Order?

When should I apply for a Child Arrangement Order?

You can apply for a Child Arrangement Order if you and your partner cannot agree on the child arrangements or if one parent is unreasonably withholding contact.

You must attend a meeting about mediation before issuing an application. This is known as a ‘Mediation Information and Assessment meeting’ (MIAM)

How do I apply for a Child Arrangement Order?

You will need to complete the C100 Court form and send it to Court for issuing along with 3 copies and the Court fee.

How Long Does a Child Arrangement Order Last? 

The Order normally ends when the child is 18 years of age, unless the Court makes the order for a period of time.

Can I Change My Child Arrangement Order?

Once the Order has been issued by the Court, it is possible to vary it. If the variation can’t be agreed with the other party directly, then a further application to the Court will have to be made.

How can I enforce a Child Arrangement Order?

The Court has a wide range of powers and can impose sanctions on anyone who doesn’t comply with the Order. An application can be made to the Family Court for enforcement of a Child Arrangement Order if it has been broken without a reasonable excuse. You can make the application using form C79.

Here at Franklins, our experienced solicitors can make the Child Arrangement Order process easier for you. If you need advice and assistance, please contact our Family Team on 01604 828282 / 01908 660966 or email Family@franklins-sols.co.uk.

Many separating couples may have come across the term “Consent Order” at some point and may wonder what that means.  The term “Consent Order” refers to any type of Court Order agreed between parties.  More often than not it relates to setting out an agreed financial settlement following divorce.  What many do not realise is that just because you have divorced your spouse does not prevent your former spouse from making a financial claim against you.  The only way to prevent that from occurring is to have a Financial Order closing the door on your former spouse’s claims for financial relief.  This is even if the divorce took place several years earlier.

A Consent Order is legally binding and it sets out the financial arrangements you and your partner agree on.  It can set out how you may wish to split assets, pensions, income and debts on divorce.  It can also be enforced by either party later on if one of the parties reneges on the agreement.  A Consent Order will usually include a clean break clause which protects any money or assets that you may earn or receive in the future from being claimed from your ex-spouse.

A Consent Order is usually prepared by a Solicitor as it is a legal document.  Once the Order has been drafted and the parties have signed up to it, it is sent to the Court for approval.  The Court will want to ensure that each party has had the opportunity to obtain independent legal advice or at least aware of their right to do so.  One should note that the Court will not simply rubber stamp an Order.  The Court will want to ensure that the terms of the Order are reasonable and fair to the parties in the circumstances.  In order to determine this, the Court require a completed Statement of Information for a Consent Order.  This provides the Court with a snapshot of the parties’ means and circumstances. 

If a Judge has further questions about the agreement reached, the Judge may require the parties to attend Court to explain why they have reached the agreement that they have or provide further information by correspondence.  If the Court approves the Order it is sealed and each party receives a copy for future reference. 

It is important to note that a Consent Order cannot be approved by the Court until the parties have reached what is called the Decree Nisi in the divorce.  It becomes enforceable once Decree Absolute has been granted.

At Franklins, our experienced solicitors will be able to provide you with expert advice and assistance. Contact Kelly and our Family Team on 01604 828282 / 01908 660966 or email Family@franklins-sols.co.uk.

The UK officially left the European Union on the 31st of January 2020 and the transition period is now over. Now that a deal has been made with the EU, how does this affect divorce proceedings?

Many people do not know that divorce in England and Wales is founded on the jurisdictional requirements of EU law, called Brussels IIA. Brussels IIA rules determines which Court is responsible for dealing with matrimonial matters in disputes involving more than one country. There are, therefore, two main areas which will be impacted in divorce proceedings. Firstly, the jurisdiction for divorce, i.e. which country you can get divorced in and secondly how divorce in the UK will be recognised abroad.

Jurisdiction

Before the 1st of January 2021, the jurisdiction rules set out in Article 3 of Brussels IIA applied to all cases of opposite sex divorce, legal separation, and annulment in England and Wales. This means you were allowed to bring divorce proceedings in a particular EU country if you could prove one of the following:

  1. You and your spouse live in that country;
  2. You and your spouse were last living there and one of you still resides here;
  3. Your spouse is living there;
  4. If you were to make a joint application, either of you are living there;
  5. You have been living there for at least a year immediately before your application is made;
  6. You have been living there for at least 6 months immediately before the application was made and are domiciled there; or
  7. You and your spouse are both domiciled there.

However, as of the 1st of January 2021, the Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 has now come into force to replace Brussels IIA. This means the Courts in England and Wales now have the discretion to stop or pause proceedings when there are divorce proceedings continuing in another jurisdiction.

Another thing that has changed from 1st January 2021 is that where parties are in competition to secure jurisdiction in two different EU countries, the EU rule which states that the first party to issue proceedings in a country will secure jurisdiction, will no longer apply from the UK’s perspective. Instead, the country with the ‘closest connection’ to the divorce will have jurisdiction. Please note that how the courts of each EU member states will respond from 1 January 2021 where a divorce is lodged first (or otherwise) in England will depend on their national law. 

Furthermore, sole domicile as a ground of divorce jurisdiction has also been added.

Recognition

Prior to the 1st of January 2021, UK divorce orders were automatically recognised in the EU (except Denmark), and the UK also recognised divorce orders made in the EU, in the same way under Brussels IIA.

However, as of the 1st of January 2021, the rules under Brussels IIA are now governed by the 1970 Hague Divorce Recognition Convention. This means that UK divorces will only be recognised by countries which have signed up to the Convention and the UK will recognise divorces ordered by countries which have signed up to the Convention. The 12 EU member states that are currently signed up to the 1970 Hague Convention on Divorce Recognition are Cyprus, Czech Republic, Denmark, Estonia, Finland, Italy, Luxembourg, Netherlands, Poland, Portugal, Slovakia, Sweden.

Finally, please note that if the divorce was granted before the transition period or if the divorce proceedings started before the end of the transition period, the Courts in England and Wales will continue to recognise divorces granted in EU member states in the same way under Brussels IIA.

Here at Franklins, our experienced solicitors will be able to advice you if you need assistance in deciding where to bring your divorce proceedings. Please contact our Family Team on 01604 828282 / 01908 660966 or email Family@franklins-sols.co.uk.

The decision in Hayley –v- Hayley 2020 EWCA CIV 1369 was handed down by the Court and many have found the decision reached somewhat surprising. The Court of Appeal overturned a Financial Remedy Arbitration Award after the ex-husband protested that it was unfair. 

Some may wonder what is “Arbitration” and “How Does it Work” to begin with. Arbitration is a process in which parties resolve disputes outside of the Court Arena with an appointed Arbitrator. The Arbitrator is a suitably qualified person who will hear a dispute and make an award (decision). It is used to resolve financial disputes between separating couples and disputes concerning children. If the parties agree to arbitrate by doing so they agree that the Arbitrator’s decision will be binding upon both of them. Once the decision has been made the parties send to the Court an Order reflecting the outcome of that decision to have it made into a final and binding Court Order. As a result they agree that there is a very limited basis for appeal and they cannot then apply to the Family Court for a redetermination. 

Parties are represented at Arbitration either by a lawyer or someone they choose such as a Mckenzie Friend. Quite often people will consider Arbitration where their final Hearing has been adjourned last minute by the Court due to lack of availability or more urgent Hearings have to take place. Usually Arbitration is used by the parties wishing to attempt to settle matters swiftly.

In the case of Hayley –v– Hayley, the husband was not happy with the outcome arrived at by the Arbitrator, in particular the Arbitrator’s assessment of his ability to rehouse himself, the distribution of the pensions involved and Periodical Payments he was ordered to make to his wife.  He applied to the Court for an Order to set aside the award. 

The usual approach to challenging an Arbitral Award requires the person appealing to show that the decision on the question of law was obviously wrong on the facts. Yet in this case, the Court of Appeal have now come to a different conclusion. It seems now that the proper test in respect of appealing an Arbitral Award is “whether there is a real prospect of an appeal rather than the test being “no reasonable Arbitrator could have made such an Order”. Some have commented that this introduces a level of uncertainty when it comes to Arbitration which was not there previously. The question is “is this a backward step”? Most often family lawyers would explain Arbitration is to provide finality and usually most advising that contesting an Arbitration Award is unlikely to succeed. This decision suggests that it may be more feasible than thought in the past. 

Whilst some feel that this creates uncertainty, other practitioners are of the view that it is sensible to be able to Appeal a final decision when considering all of the circumstances.

For advice and assistance in relation to Family Law, contact Kelly Longmore and the team on 01908 660966 / 01604 828282 or email Family@franklins-sols.co.uk.

Due to the outbreak of Covid-19 and the lockdown, the Courts in England and Wales have adapted to new methods to ensure that cases continue to be heard. As such, telephone and video hearings are becoming the new normal and will likely stay for the foreseeable future. 

We share our top tips on what to do before and during a remote hearing. 

Before the hearing: 

  1. Read the Court Order and familiarise yourself with any joining instructions before the hearing. 
  2. If you are representing yourself, do not forget to provide the Court with your contact details. If you are being represented, make sure your solicitors have your updated contact details on file to provide to the Court.  
  3. If you are represented during the hearing, make arrangements in advance for communicating with your legal team. You will need to ensure that you have agreed how you can contact your solicitor or barrister during the hearing.  
  4. Have essential documents such as the Court Bundle to hand. This bundle will be referred to by the Judge and the legal team during the hearing; having a copy open will mean that you can follow what is going on more easily.  

During the hearing: 

  1. Ensure that your mobile or chosen device has sufficient battery to last throughout the hearing and/or you have a charger to hand. 
  2. Mute your device. This will ensure that no background noise is picked up and heard in the courtroom. 
  3. Make sure that you do not interrupt the Judge or another person whilst they are speaking as it can be difficult to know when it is your turn to talk when you cannot read body language. 
  4. If it is a video hearing, dress appropriately as if you were in Court. The Judge and all others in attendance will be able to see you. 
  5. Do not record the hearing, as it is contempt of Court to record any court hearing.
  6. Make sure that you remain polite and courteous at all times.

If you need legal advice and assistance in relation to an upcoming remote hearing, call us on 01908 660966 / 01604 828282 or email info@franklins-sols.co.uk.

What is a Financial Remedy Order?

A Financial Remedy Order also known as ‘Ancillary Relief Order’ is a Court Order that sets out a couple’s financial arrangements. Once a divorce petition has been filed, one of the parties to the marriage can apply to the Court in relation to the financial aspects of the divorce.

The Order can include a lump sum payment, ownership of a property, the share of pensions, or regular payments to help out with childcare and living arrangements.

What is the process of getting a Financial Remedy Order?

A solicitor should be able to help a party reach an agreement with their spouse outside of Court. However in some circumstances, it will be necessary to go to Court and if that is the case, the process is as follows:

Can you simply agree the finances between yourselves?

Couples can simply agree finances informally between themselves but the agreement will not be binding unless it is filed at Court and approved by a Judge. If not, either party to the marriage can change their mind. We have seen many couples bring an application for a financial remedy order years after the marriage has ended so it is recommended that finances are dealt with at the time of the divorce.

Why is it important to have a Financial Remedy Order in place?

The division of financial arrangements during divorce is a significant element of the divorce process, and the outcome will have long term impacts on separating couples and their children. It is a common misconception that the granting of the Decree Absolute dismisses the financial claims of a spouse. Unless a couple have legally dealt with their finances after a divorce, both parties will be able to bring a future claim against the other’s assets.

Here at Franklins Solicitors, we always advise clients to consider their financial positions carefully. It is very important to consider a Financial Remedy Order to prevent either party making any future claim against the other’s assets. If you need advice and assistance, please contact our Family Team on 01908 660966 / 01604 828282 or email Family@franklins-sols.co.uk