This situation is a worry to people in any event, but the situation is even more acute for couples whose relationship breaks down  and they are then looking at how they might be able to meet those costs on their own.  When relationships break down, it becomes very difficult and stressful to live in the same accommodation as your former partner but a lot of people are finding they are simple unable to move on and are stuck living in the same accommodation.

This might be because of the lack of available property in the local area to rent, or at least the lack of available property at a cost they can afford.  If both parties were previously using their joint incomes to contribute to the bills, it can come as a great worry to know how to afford things on your own.  This is especially so if one party has bene the main breadwinner and the other has perhaps been bringing up children and either not working or working on a part time basis.

Even where both parties are working, there is also the problem that they both may need to continue to contribute to joint mortgage or rent on the family home as one party cannot afford this on their own, because it is very important to avoid rent or mortgage arrears. This could threaten the security of the children’s housing and lead to poor credit rating which will prevent either party being able to rent or buy a property going forward.

There are also unfortunately situations where one party simply refuses to move out or consider selling the family home if it is owned.  If a party is already jointly names on a tenancy or mortgage, they are likely to encounter difficulties persuading a mortgage lender or letting agent to let them take on another mortgage or tenancy.  All of these things can leave parties stuck living in the same accommodation for a considerable length of time after the relationship has ended, especially as rent and mortgage payments may well have gone up recently.

This can lead to increased stress and tension and can seriously affect the wellbeing of both the parties and any children living in the home.  In some cases, this will even lead to – or increase – domestic abuse, where one party may be subjected to emotional and financial abuse and coercive and controlling behaviour as well as physical abuse.  In these situations, it is important to take advice from local domestic abuse charities.

So, what are the options if you find yourself in a situation like this?   Firstly, it is always worth considering if one party can move in temporarily with friends or family who may be willing to accept a reduced contribution in lieu of rent in the short term to help out.  This can buy some breathing space whilst longer term solutions are considered.

Sometimes parties can adapt the family home to provide relatively separate accommodation, if there is an annex or attic that perhaps can be used for this.  If the parties are in the fortunate position to own a buy to let or other second property as well as the family home, then one party might be able to live in that at least temporarily (though that could lead to loss of rental income which could be an issue).

One of both of the parties might need to consider taking a second job or increasing their working hours if this is an option, or possibly one party could  move out and if there is a spare room, a lodger could be taken in to bring in some extra income to help plug the income gap until a longer term solution can be found.

It is always worth looking at what benefits you may be entitled to as a single person that was not available when part of a couple.  This is particularly so for the lower or non earner especially if there are dependent children.  The government approved benefits calculator Turn2Us.org can be a useful place to start and do remember that you can in some circumstances be treated as a single claimant, not part of a couple, even if you are living separately whilst under the same roof.  It is important to maximise any out of work or in work benefits because these could plug the income gap and enable the parties to live separately.

Some people who have already met a new partner may find they are tempted into moving in with that partner, or setting up home together, sooner than they might want to because it seems the only way to afford to move on but this should only be done after careful consideration as it may not be the best answer.

It is always a good idea to take legal advice at an early stage so you have more information about what the likely outcome would be in your case.  If domestic abuse is a serious issue, then it is possible you may be able to apply to the court for an Occupation Order, which can exclude one party from the family home or from part of the home.  This is something that is often considered together with an application for a Non-Molestation Order to give personal protection against abusive behaviour from the former partner.

These are challenging times and it can be difficult to see a way through but with early advice you will feel better placed to know what your options are.  We at Valemus Law have specialist family solicitors who will be happy to advise you on your options and how you can move matters forward.

The post Living in the same accommodation when you’re separated appeared first on Valemus Law.

Typically, there tends to be two main reasons why grandparents lose contact with their grandchildren: –

1. either their own child has, or is in the process of separating from their spouse/partner, and subsequently in turn lose contact with their own child/ren from that relationship, or;
2. the grandparent/s may simply lose contact with their own child and thus, as a result, the grandchild/ren.

In both cases the parties need to be mindful that, even if a fall out has occurred, there are two families that collectively form the child/ren’s identity, and it is therefore important for the child/ren to have a meaningful relationship, not only with both parents, but also the extended family, where it is safe for them to do so.

Whatever the reason for the loss of contact, the relationship between children and their grandparents is completely unique and, presuming it is a healthy one, enriches the lives of both the children and the grandparents, very often in a way that no other relationship can. Therefore, it goes without saying that when this relationship is denied it can be a confusing and incredibly painful time for everyone.

So, what are grandparents rights to see grandchildren? Unfortunately, the answer is often simple; in most cases grandparents’ rights do not exist automatically, and the solution for most grandparents is to work towards reconciling with their own child (or their child’s former partner) to gain access to them.

For any grandparent trying to gain access to see their grandchild/ren, it is always important, where possible, to have an “ally in the other camp” and to try adopting a gentle approach, even if the situation they face causes anger or frustration. As progress towards re-establishing contact is far more likely to be successful if the grandparent/s can stay as neutral as possible.

If access cannot be achieved through the means outlined above, the only other option available to grandparents, without resorting to court proceedings, is mediation with a properly trained mediator, to see: –

1. whether they can address the concerns of the parents that are preventing contact from taking place, and;
2. to see whether agreement can be reached to re-establish it.

If mediation is successful, the agreed mediation terms can be drawn up into an order by a solicitor, setting out the grandparents rights. This order will then be submitted to the court for the approval of a judge. In this way, should any issues arise in the future, the grandparents rights can be far more easily enforced.

Sadly, mediation does not always work, either due to one or more of the parties being unwilling to engage in it, or the parties being unable to come to an agreement within the mediation process. In these circumstances, the ultimate recourse is to submit an application to the court, but it is important to note, that this is unlikely to be successful if neither of the child/ren’s parents support it. However, if one parent does support contact taking place between the grandparent/s and the child/ren then, rather than running the risk of issuing proceedings with no guarantee of success, it is often advisable to try and arrange to see the grandchild/ren when the supporting parent has them instead. Prednisone possesses the same properties as the natural hormone cortisone does, and affects literally every metabolic process that occurs in the body, including the lipid and protein ones.

If an application does have to be made to the court to enforce the grandparents rights to see grandchildren, then this has to be done by completing a C100 form (or a C2 if there are already existing proceedings) for which the grandparent/s must tick the box in the C100 form to say that permission is required from the court for them to make the application. The court will then decide whether or not to progress the application on the basis of the child/ren’s welfare, which is the paramount consideration of the court.

However, there are circumstances when the court’s permission for an application made by grandparents is not required. This can include if they have been acting in the capacity of parent/s to the grandchild/ren, or if the grandchild/ren have been living with them for the last three out of five years, in which case such permission is likely to be irrelevant. Indeed if, as grandparents, you have been acting in the capacity of parents to the grandchild/ren concerned, then you may wish to apply to the court to have this formalised into an order in any event, to prevent any issues arising in the future.

At the end of the day, the most effective way of grandparents gaining access to their grandchild/ren will always be through amicable methods, so it is really important for grandparents to bear this in mind if their own child is going through separation, or if they are considering re-establishing contact with an estranged child who is the mother or father of the grandchildren.

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As someone with in-depth experience of the law when it comes to boxing – and many other professional sports – Neil talked with former World, European, British and Commonwealth super-middleweight champion George about the important legal issues facing those in sport.

Fighter’s requirements, the obligations on promoters and the negotiation of contracts are just some of the matters Neil explains in the podcast. The two men also go through one of George’s contracts.

Elsewhere in the podcast, George shares some anecdotes from his successful career in the ring and some unusual tales; including musical chairs with UK title-winning heavyweight Derek Chisora and a stare down involving Ukrainian former world heavyweight champion Vitali Klitschko.

To listen to the full podcast, please click here.

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1. Firstly, do bear in mind before considering starting the divorce process that it can be very emotionally draining and is known to be one of life’s most stressful experiences, so take steps to ensure you have a good support network in place before starting the process as you will need some emotional support.
2. When instructing your solicitor to deal with the divorce and other aspects, such as financial matters, on your behalf, addressing the divorce process at the same time can result in an efficient and cost effective use of your solicitor’s time and limit the costs you will incur.
3. Consider whether you will be making the application for divorce as a sole application or whether – as is now permitted under the new no-fault divorce legislation – this should be a joint application with your spouse. Approaching your spouse either directly or through your solicitor can sometimes make the process less contentious, especially as there is no longer any requirement to allege adultery or unreasonable behaviour on your spouse’s behalf.
4. Look at your reasons for wanting to start a divorce. Is this because you are keen to remarry?  People might start the divorce process because although they have been separated for some time, they wish to remarry in order to do so.  If that is the case, you will need to bear in mind how long the divorce process will take.
5. Looking at the timeframe for getting a divorce, you should be aware that the new no-fault divorce process introduced a new twenty week waiting period between issuing the divorce and applying for a Conditional Order (previously the Decree Nisi). This is on top of the minimum six week delay between the making of the Conditional Order and applying for the Final Order (previously the Decree Absolute), so ensure you factor these timeframes in to any plans you may have such as remarriage.
6. There can be very costly tax implications in issuing a divorce at the wrong time. Whilst you will need to take specialist tax/accountancy advice if this relates to you, bear in mind that transfers of assets between spouses are usually free of any liability for Capital Gains Tax as long as these take place before or during the year of final separation.  This could be an important consideration in cases where there are assets such as a property in addition to the family home or shares in a business.

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In their piece, which was published by the IFA magazine for financial and investment professionals, divorce and family law specialist Julia and Joanna, a family and children expert, detail the rights of those who have been cohabiting when such a relationship ends.

With the UK currently having 3.6 million cohabiting families – a 22.9% increase over the past decade – Julia and Joanna explain the law regarding the division of assets, a common law spouse’s absence of rights and the value of cohabitation agreements.

They outline how, when a couple’s relationship breaks down, the court will make the children involved the first priority but will also assess factors such as housing needs, what each person earns and health issues. Courts have extensive powers to transfer marital assets such as a house, savings, a car or even a business and can set maintenance to ensure a partner in the relationship has enough income to meet their needs.

But Julia and Joanna emphasise that a person is not entitled to the property or income that belongs to their former partner unless their name is on the assets, such as the title deeds to the family home. This lack of legal protection can make it worthwhile for anyone moving in with someone to seek advice about entering into a cohabitation agreement with their partner. This will set out the terms on which they live together and who is entitled to certain assets if the relationship ends. I want to say that this remedy I took about two months for the first time and about a month – in the second. I began to take it after reading the reviews on about the side effect, like loss of appetite, resulting in a person losing weight. This antidepressant really helped me to lose four kilograms in a short time, I did not want to eat at all. There were moments when I completely forgot about food for a couple of days. The second time I had to take Xanax in order to overcome the depressive state.

Such agreements are not enforceable in the court but can be of use when it comes to dividing assets – which is important as cohabiting couples do not have the same rights as married couples.

You can read Joanna’s and Julia’s full article here.

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You can read Julia’s full article here.

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Joanna, who is a partner at Valemus, says that private law cases are taking longer and longer to complete, with more cases being brought each year than are coming to end.

In the article, Joanna argues that the private law system is in urgent need of reform. She says that delays can be harmful to parent-child relationships, making them harder to repair and often leaving the parent that the child does not live with emotionally and financially drained.

According to Joanna, additional hearings held to establish the facts can further lengthen a case, which can cause more damage to parent-child relationships that are already under strain.

There is a need to find a better way to balance protecting the child and preserving parent-child relationships during this process.

To read Joanna’s full article on The Times website click here (Subscription required), or see below.

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