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<copyright>Copyright &#169; 2012 Divorce and Family</copyright>
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<description>Lanyon Bowlder Solicitors blog.</description>
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<description>Lanyon Bowlder Solicitors blog.</description>
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<title><![CDATA[Collaborative Law Looks Set to Revolutionise the Resolution of Family Issues]]></title>
<link>http://blog.lblaw.co.uk/collaborative-law-looks-set-to-revolutionise-the-resolution-of-family-issues-342/</link>
<description><![CDATA[
Collaborative family law is an exciting new idea in the UK.  It is growing rapidly and looks set to revolutionise for many people the way in which family issues are resolved. So, what exactly is collaborative law?  Traditionally, the options available to separating couples have either been mediation or traditional negotiation and litigation.  Collaborative law offers a third way.  The parties each appoint their own lawyer, but instead of conducting negotiations by letter or by phone, all discussions take place at meetings to work issues out face to face. This means the parties each have their lawyers by their side throughout the process. The parties have continuous support and legal advice as matters proceed.  Collaborative lawyers sign an agreement with their clients which disqualifies them from representing the client in court if the collaborative process breaks down.   The effect of this agreement means that the lawyers are absolutely committed to helping find the best solutions for the parties by agreement, rather than through conflict. Sometimes only a couple of meetings are needed - on other occasions four or five.  The meetings follow agendas set by the parties themselves and their lawyers.   This is an effective way of giving the individuals control over the process and ensures that the issues which are important to them are discussed and dealt with.Locally, the Shropshire Lawyers Collaborative Group is a collection of like-minded, specialist trained family solicitors.The revolutionary concept is that although from different firms, lawyer members of this group work collectively to promote the collaborative model as a civilised, non adversarial process to enable separating couples to resolve children and financial issues by agreement, rather than the court process.  The Shropshire Collaborative Law Group held a launch party on Thursday 24th November at Lanyon Bowdlers Shrewsbury offices.   In addition to announcing the launch of the group, the purpose of the meeting was to invite a mixed group of professionals from a variety of different agencies, organisations and disciplines who work in the field of family law ranging from professionals working with children to financial advice. It is important that any party choosing collaborative law as an option for their divorce makes sure their lawyer has had Resolution training in collaborative law.  If you think collaborative law could be the best way to resolve your domestic conflict, or if you would like to find out more about this method of resolving legal disputes, you can contact myself or my fellow collaborative law colleagues Peter Flint and Colin Spanner on 0800 652 3371. 
]]></description>
<category><![CDATA[Divorce and Family]]></category>
<pubDate>Mon, 28 Nov 2011 10:59:29 +0000</pubDate>
<guid>http://blog.lblaw.co.uk/collaborative-law-looks-set-to-revolutionise-the-resolution-of-family-issues-342/</guid>
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<title><![CDATA[The True Impact of Legal Aid Cuts]]></title>
<link>http://blog.lblaw.co.uk/the-true-impact-of-legal-aid-cuts-335/</link>
<description><![CDATA[
It is high time the consequences of the legal aid cuts are brought to light. The government aims to save money, saying 2 billion a year is an expensive legal aid system, but that presumably also includes the criminal legal aid budget. 
The proposed cuts will directly impact upon separating couples, and cases involving disputes over the residence of children, as current proposals are to take out of scope altogether, funding for these issues. The only funding that will remain will be where the local authority is looking at bringing care proceedings and in cases of domestic violence for the victims, but not the perpetrators of the violence.  
The practical effect will be that in cases of domestic violence the perpetrator could well cross-examine the victim, with only the judge to prevent a barrage of hostile and inappropriate questions being put. The reality is that once victims of domestic violence realise this is the risk they run in trying to obtain orders from the court to protect them, they may simply chose to put up with the violence rather than seek the protection they deserve.
There is little point in the government offering funding for victims to seek orders from the court if the procedure itself and lack of funding for legal representation of the perpetrator, enables confrontations, accusations, bullying or even the fear of all three to exist.
The reality for separating couples will be that the higher earning party may chose to pay for legal representation while typically the part-time worker or homemaker is unable to, and so has to resort to representing him or herself.  
Imagine the distress at a point in time when the relationship has broken down and there are so many anxieties over what will happen to the home, the children and managing the financial obligations, to be unable to afford advice through a litigious procedure which quite often does end up in court. 
The government thinks that mediation will be the answer for all, but this is quite a middle-class assumption. Not all separating couples will have the emotional strength to go through with face to face meetings, even if they were on a level playing field in negotiating. The mediator is unable to give legal advice, so mediation is not really a solution at all.
I suspect the lack of access to legal representation for the lower income earner will result in more costly applications to the court, not fewer. Without advice, the party may simply hope it will all go away and bury their head in the sand requiring the other party to have to bring court proceedings to get a decision.  
Alternatively, without advice the other party may decide defence is the best policy and devote all their time and effort challenging everything proposed, mixing legal argument with emotional issues, being unaware of what they should be putting forward as their legal arguments and resulting in the local district judges having to spend their time, and tax payers money, in more frequent and lengthy court appointments to make sense of the mess.  
The third reality is in relation to children matters. Imagine a young unmarried couple separate, father of the child is not named on the birth certificate and not working, mother has a new boyfriend and decides he can be the father figure to the child. She changes the childs surname to the new boyfriends and decides that the father does not need to carry on seeing the child anymore, that will simply confuse him. What then happens to the father of the child who cannot afford to pay for private legal advice? What about the rights of the child to know and have a relationship with his father?
On all of the above examples where is the right to family life? Where is the right to a fair hearing? Is it fair that peoples legal rights should be subject to whether they can afford to pay to uphold them?  
At Lanyon Bowdler we continue to offer public funding because we consider these principles important to both individuals and society at large.  For how much longer we will be able to offer such services to all the local community in light of the proposals, remains to be seen.
If you would like advice or assistance in relation to a  family law issue, contact me on 01952 291222 or email me lisa.grimmett@lblaw.co.uk. ]]></description>
<category><![CDATA[Divorce and Family]]></category>
<pubDate>Tue, 25 Oct 2011 15:10:20 +0000</pubDate>
<guid>http://blog.lblaw.co.uk/the-true-impact-of-legal-aid-cuts-335/</guid>
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<title><![CDATA[Disappointment in the Government's Decision to Take a 'U' Turn on Cohabitation Legislation]]></title>
<link>http://blog.lblaw.co.uk/disappointment-in-the-governments-decision-to-take-a-u-turn-on-cohabitation-legislation-333/</link>
<description><![CDATA[
I think it will have come as a surprise (and also a disappointment) to Family Law Practitioners, that the Government has decided not to bring in legislation which would have rationalised and simplified the present legal position with regard to cohabiting couples. At present this is a particularly grey and complex area of the law and, in the view of many if not all Family Law Practitioners, is one in urgent need of being addressed.Legislation with regard to cohabiting couples in Scotland was brought in by the Scottish Parliament a few years ago and, as I understand it, our Government has been monitoring the effect of that before deciding whether to bring in legislation in England. At the present time case law has resulted in the financial rights (or the lack of them) of cohabiting couples being very different to the rights of parties who are or have been married, and it was expected that the Government would pass legislation giving fairly (but not the same) rights to cohabiting couples as those enjoyed by married couples.There exists under the present Law a number of grey areas in relation to cohabiting couples financial rights, and the Law based on previous Court decisions can work unfairly, particularly where a couple have cohabited for a number of years.I believe that the proposals which had been mooted included cohabiting couples acquiring property rights  and also rights to maintenance  once they had cohabited for a specified period of time, (this was anticipated to be between at least two and five years), with a possible adjustment to that period of time if there were children of the relationship. In particular those rights would have included the acquisition of an interest in the family home, even if that property was owned in the sole name of one of the cohabitees and the other cohabitee had made no financial contribution towards it; together with the right to make a claim for maintenance (in addition of course to existing rights in relation maintenance of any children).Therefore the status quo remains the same. In particular the acquisition of an interest in the family home by a cohabitee can in certain cases be an extremely complicated matter including, for example, the consideration of whether a constructive trust may apply. Obviously the benefits of having a Cohabitation Agreement is to put in place what rights each of a cohabiting couple will have in the event of their relationship breaking down. Assuming that the provisions to be included in such a Cohabitation Agreement can be agreed, then such an Agreement can be drawn up, signed and completed within a matter of a few weeks. The cost involved obviously depends on how complex the issues are, but a fairly standard Cohabitation Agreement would probably involve costs in the region of 1,000.00 - 1,200.00 plus VAT. As with Pre-nuptial Agreements it is very important that each party is legally represented, or at the very least has had the opportunity of taking independent legal advice; the Agreement must be entered into freely without any duress by one party upon the other; and each party should provide full details of their incomes, assets and liabilities which should be referred to in the Agreement. Also, as with Pre-nuptial Agreements, the whole concept of entering into a Cohabitation Agreement, perhaps at the outset of the relationship, is a somewhat unromantic one and one which needs to be handled sensitively. As referred to above, it does of course give the couple the opportunity of defining what their rights will be in the unfortunate event of their relationship breaking down, which would be of benefit not only to themselves but for any children which they may have; and also will avoid what could amount to significant legal costs if issues do arise on the breakdown of their relationship which have to be determined by the Court.  Far better to reach a sensible and amicable agreement with regard to those issues, than for a Judge to have to determine those issues with all the consequent costs, uncertainty and probably ill-feeling which that would involve.If you would like to find out more contact me Peter Flint on 01743 280280 or email peter.flint@lblaw.co.uk.  
]]></description>
<category><![CDATA[Divorce and Family]]></category>
<pubDate>Wed, 19 Oct 2011 14:49:04 +0000</pubDate>
<guid>http://blog.lblaw.co.uk/disappointment-in-the-governments-decision-to-take-a-u-turn-on-cohabitation-legislation-333/</guid>
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<title><![CDATA[]]></title>
<link>http://blog.lblaw.co.uk/launch-of-north-wales-practitioner-guidance-on-honour-based-violence-and-forced-marriage-305/</link>
<description><![CDATA[
On 20th June I attended an event hosted by North Wales Police in St Asaph, to mark the launch of North Wales Practitioner Guidance on Honour-Based Violence and Forced Marriage. This guidance is supported and adopted by local authorities in Anglesey, Gwynedd, Flintshire, Conwy, Denbighshire and Wrexham but its application is by no means limited to those areas, and I came away fully enthused and with real insight into how it could be used to help and protect people in Shropshire, Herefordshire and beyond.There has been a number of high profile cases in recent years, of girls and young women being forced into marriages, injured or even killed by their families after doing something that is considered to bring shame or dishonour to their family or community. (In some cases, young men are also victims.) Often this behaviour can appear relatively trivial  getting a job without permission, having a relationship with someone outside the community or caste, wearing make up or revealing clothing, etc. In some cases, being suspected of being homosexual is a cause.It is important to dispel some common myths: 
   
    Forced marriage is not the same as an arranged marriage. In an arranged marriage, even though family members may select the couple for each other the ultimate decision, whether or not to marry, is the couples and they are free to refuse. 
   
   
    It is not simply prevalent in certain ethnic communities but is present, in varying forms, across a wide range of faiths, cultures and nationalities. In some cases, disabled people are particularly vulnerable through the familys misguided belief that a spouse can be that persons carer in the future.  Although many spouses are, of course, willing and devoted carers there are concerns that people with disabilities which prevent them from understanding the nature of marriage, validly consenting to marriage or from being able to express a preference, are being forced to marry carers who are equally duped into the marriage.  
    
   
  
   
    Honour-based violence and forced marriage can never be justified or explained away as religious practice or cultural norm. None of the worlds major faiths contain teachings permitting or condoning forced marriage or abuse based on honour/shame. This is particularly important for us as practitioners, since we are all conscientious to ensure that, in the course of our work, we do not make insensitive or inaccurate assumptions about the cultures and beliefs of those we work with and sometimes we risk being over-cautious.  
   One purpose of the day was to help participants spot potential danger signs of forced marriage or abuse and there was repeated emphasis on the one-chance rule, that we need to have the courage of our convictions and intervene / assist if we have even the slightest suspicion that someone is at risk of these things. Sometimes we will only have one chance to act.Someone who is considered to have damaged their or their communitys honour can be subjected not only to physical violence and abuse, but also more insidious forms of mistreatment such as house arrest, removal from education, removal of phones and computers, friends banned, money taken away and ostracism within the community.The course came at a particularly poignant time of the year. It is estimated that as many as 3,000 people  mostly young girls and women, although some boys and men  will be dreading the summer holidays, when it becomes easier to take them abroad and force them into marriage, or ceremonies outlawed in the UK, such as Female Genital Mutilation, without schools becoming suspicious. Every year a number of girls do not return to school or work in the UK after the holidays, the school or employer being informed that she has chosen to remain abroad with relatives. The authorities are then generally far more restricted in the action they can take.As with everything, teaching can be brought to life by true stories and we were privileged to hear from Saima Afzal MBE. She works for Lancashire Police Authority as a key advisor on honour-based issues and forced marriage and showed how well-qualified she is to do so, speaking movingly but also, at times, with surprising humour about her own experience of a forced marriage as a young woman. She seemed almost apologetic about speaking (without notes!) for 2 hours but my feeling was that she could have held her audience spellbound for another 2 days, she was so fascinating and engaging and spoke with amazing compassion and understanding for her family, despite acknowledging their role in what she had been through.There is now protection available through the Courts where a person is at risk of, or subject to, honour-based abuse or forced marriage: police powers of protection, orders under the Children Act, Forced Marriage Orders and injunctions to name but a few examples. The Family Law department at Lanyon Bowdler has considerable experience and expertise in advising on issues of domestic abuse, and I am confident that the invaluable information gained on this course will enable us to offer an even greater level of protection and reassurance to anyone concerned for themselves or a friend / family member. 
]]></description>
<category><![CDATA[Divorce and Family]]></category>
<pubDate>Mon, 04 Jul 2011 11:35:44 +0000</pubDate>
<guid>http://blog.lblaw.co.uk/launch-of-north-wales-practitioner-guidance-on-honour-based-violence-and-forced-marriage-305/</guid>
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<title><![CDATA[Women's Aid 'One Stop Shop' - A Helping Hand For Victims of Domestic Violence]]></title>
<link>http://blog.lblaw.co.uk/womens-aid-one-stop-shop-a-helping-hand-for-victims-of-domestic-violence-275/</link>
<description><![CDATA[
I attended the Women's Aid event on Tuesday 8 March to help launch their new "one-stop shop", the idea being to develop a network of services (outreach, housing assistance, debt advice, legal advice, police support) etc in one place for women experiencing domestic abuse, rather than the women having to try to locate and access these services themselves. The new website is http://www.wrexhamwomensaid.org.uk/ It was launched by Tim Vincent (former Blue Peter presenter, Miss World presenter and Dancing on Ice star - although I had to google him beforehand!) who is from Wrexham originally. The event was attended by local councillors, the Police, Social Services, Age Concern and Barnardos among others. There were short presentations by the main regional coordinator for DV services, the leader of the Safer Communities Partnership, Women's Aid's Financial Director then myself and Councillor Aled Roberts before Tim Vincent formally launched the website. I based my brief talk around my estimate that I had seen about 175 women at the drop-in centre in the last couple of years and how, at first glance, this is an alarming figure of women experiencing abuse in one town but, on the other hand, is positive in that 175 women have been brave enough to confront a taboo and acknowledge they are experiencing domestic abuse, then seek help for it.  I emphasised the supportive atmosphere and the knowledge of the drop-in centre staff and the benefit for women, some of whom may have had to flee from elsewhere in the country, of being able to get all their support in one place quickly rather than try to identify places and resources for themselves at an already difficult time. In the afternoon I attended a taster session of the Freedom course, with 8 other professionals.  The Freedom Course has been running in Shropshire and Wrexham for a number of years and I have been referring women onto it for about 5 years.  Many have benefited from it and gone on to become course leaders themselves, an incredible achievement for a woman who might have spent years being told by an abusive partner that she is stupid, worthless, etc...... http://www.wrexhamwomensaid.org.uk/information/freedom-programme Even though all the professionals there are experienced DV workers and we tend to think that we have heard it all from clients, some of the examples and stories we heard were real eye-openers.  This is not because of the physical severity but just because of the subtle nature of the abuse, for example husbands who photograph the bed every morning and if it looks at all different when they come home then they would assume the woman has had another man there and may beat her up, or the man who bought his partner a new expensive mobile phone and the Women's Aid staff checked it and found, as they suspected, that it had been fitted with a tracking device so he could keep tabs on her. Another woman had to take a photograph of herself in the supermarket and text it to her boyfriend if she took any more than 20 minutes with the shopping so he knew where she was.......  I could go on! It was a challenging afternoon - even for those of us who are not experiencing this abuse and simply work with the victims of it, but a real eye-opener and I can honestly say that it made an immediate difference in the way I advised three women the following day.]]></description>
<category><![CDATA[Divorce and Family]]></category>
<pubDate>Fri, 11 Mar 2011 16:41:13 +0000</pubDate>
<guid>http://blog.lblaw.co.uk/womens-aid-one-stop-shop-a-helping-hand-for-victims-of-domestic-violence-275/</guid>
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<title><![CDATA[Divorcing Couples Must Look at Mediation Route Before Going to Court]]></title>
<link>http://blog.lblaw.co.uk/divorcing-couples-must-look-at-mediation-route-before-going-to-court-268/</link>
<description><![CDATA[
Todays news highlights that the Government is to introduce a system whereby all couples who intend to divorce or separate must attend a preliminary mediation intake meeting so that an assessment can be made as to whether their case is suitable for mediation. 
Mediation is a way of resolving by agreement issues which arise following the breakdown of a relationship.  It is an alternative to having those issues resolved by the Courts, or through matters being dealt with by the couples respective solicitors.  Generally speaking, it is a quicker and cheaper method of resolving issues, and over the past few years has proved popular with couples who have entered into it, and the mediation success rate is relatively high. 
For several years now it has been compulsory for a person who wishes to apply for Public Funding (Legal Aid) to cover their legal costs of resolving relationship breakdown disputes, to attend a mediation intake meeting before the Legal Services Commission will be prepared to consider an application for Public Funding.  This system is now to be extended across the board.
Mediation has proved itself a good way of resolving financial and other issues between separating couples and, in particular, sorting out the arrangements for their children.
The mediation process involves the couple attending a meeting or a series of meetings with a trained mediator, whose job is to work with the couple in assisting them in reaching a fair and reasonable agreement in relation to the issues which need to be resolved. 
However mediation continues to be a purely voluntary process, and of course one of the spouses / cohabitees may simply refuse to take part in mediation.  This will then lead to a situation where the client would have three alternatives: -
1. Instruct their solicitor to represent them on a private fee paying basis (assuming that Legal Aid will not be available to them having regard to the Governments proposed cutbacks in Legal Aid);
2. Represent themselves during the process and in Court, which may result in them experiencing considerable difficulties and possibly not achieving the best result for themselves which they otherwise could; and is also likely to clog-up the Court process and increase the Courts administrative costs; or
3. Simply decide to continue to live with their partner, which is likely to result in continuing squabbling or other unpleasantness which in turn is likely to have an adverse effect on their children.
For advice and guidance on taking the mediation route, contact our Family Law department on 01743 280257.]]></description>
<category><![CDATA[Divorce and Family]]></category>
<pubDate>Wed, 23 Feb 2011 09:52:45 +0000</pubDate>
<guid>http://blog.lblaw.co.uk/divorcing-couples-must-look-at-mediation-route-before-going-to-court-268/</guid>
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<title><![CDATA[Is it a Costly and Lengthy Process to Settle Matrimonial Disputes with Mediation or Collaborative Law?]]></title>
<link>http://blog.lblaw.co.uk/is-it-a-costly-and-lengthy-process-to-settle-matrimonial-disputes-with-mediation-or-collaborative-law-223/</link>
<description><![CDATA[Following on from my previous Blogs, I now come to the final few questions about these methods of dispute resolution - Peter Flint has been extremely helpful in providing a clear picture as to how Mediation and Collaborative differ, and how they can help make a painful process easier to cope with.Firstly I wanted Peter to explain typically how long would it take to settle a matrimonial dispute using one of these methods?He replied "It of course depends upon the complexity of the particular case.  I have carried out mediations where the clients have reached an agreement during the course of the first meeting, and other mediations involving complex issues where it has taken 5 or 6 meetings for an agreement to be reached.  The norm so far as mediation is concerned is generally about 3 meetings.  "With regard to collaborative law, again the norm would be 2 or 3 meetings, although it is perfectly possible for an agreement to be reached at the end of one meeting (albeit a meeting which may well have lasted a whole day!)"The all important question followed!  What about cost?  I understand lengthy Court processes can be expensive, but if mediators and collaborative lawyers are fully trained, qualified individuals, surely this cannot be a particularly cheap option either?Peter explained "The costs involved in resolving financial disputes through Court proceedings could well be in the region of 6,000.00 - 8,000.00 for each Client (again of course depending upon the complexities of the case).  Mediators charging rates are generally speaking lower than solicitors charging rates, and the work which is carried out outside of the mediation meetings is considerably less than the work which is required during the course of Court proceedings, relating either to resolving financial issues or arrangements for children.  "It is fair to say that adopting the collaborative law model can be a fairly costly exercise and not necessarily more cost effective than going through the Courts.  Again, much depends upon the issues involved in the case.  I would however emphasise that costs should not necessarily be the overriding principal.  What really matters is the clients being able to reach an agreement on an amicable basis which they are satisfied is fair for both of them, and in doing so, will greatly benefit their children in the future."My final question to Peter; If someone is interested in seeking legal assistance through one of these means, how do they go about finding a lawyer who can assist, and is there anything they need to be aware of?  (eg with collaborative law you mentioned to me that the other side has to be a trained collaborative lawyer too)?Peter says "In collaborative law, the lawyers acting for both clients must be fully trained collaborative lawyers.  Details can be found on the internet or by way of enquiries made with Resolution (formerly known as the Solicitors Family Law Association).  Similar enquiries will lead to details of the mediation services available for the particular area, or alternatively the clients respective solicitors will be able to recommend a local mediation service."If you would like more information about either of these methods of matrimonial dispute resolution, contact Peter Flint, Colin Spanner or Lisa Grimmett - all of who are fully trained Collaborative Lawyers.  Peter is also a fully trained mediator.]]></description>
<category><![CDATA[Divorce and Family]]></category>
<pubDate>Wed, 28 Jul 2010 16:01:29 +0000</pubDate>
<guid>http://blog.lblaw.co.uk/is-it-a-costly-and-lengthy-process-to-settle-matrimonial-disputes-with-mediation-or-collaborative-law-223/</guid>
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<title><![CDATA[Mediation &amp; Collaborative Law - A Quicker &amp; More Popular Route to Resolving Marital Disputes?]]></title>
<link>http://blog.lblaw.co.uk/mediation-collaborative-law-a-quicker-more-popular-route-to-resolving-marital-disputes-221/</link>
<description><![CDATA[The following formed the next questions I asked Head of Family & Senior Partner Peter Flint.Why are they becoming more popular  is it purely down to the cost or does the process help retain some form of civilized relationship?  Peter replied "Generally speaking, if successful the costs involved in mediation and in the collaborative law approach will be less than having the issues in dispute resolved through Court proceedings, particularly if at no stage of those Court proceedings can an agreement be reached and the matter has to proceed to a Final Hearing before a Judge.  Additionally it seems that clients are now more willing to be encouraged to seek an agreement which is fair and reasonable for each of them (which in turn will be of benefit to the children), rather than adopting the historic adversarial approach."I then wanted to know whether these processes were quicker than the traditional methods of going through the Courts to resolve dispute  and if so, why?Peter explained "Both mediation and collaborative law are quicker methods of achieving resolution of issues arising out of breakdown of a relationship than pursuing those issues through Court proceedings.  Not only are Court proceedings costly but they also involve quite a lengthy process mainly as a result of the various steps which have to be taken by each party during the course of the proceedings and also due to the Courts waiting lists which in most instances are lengthy."Seems to me, anyone looking to resolve a marital dispute would be wise to consider one of these methods.  It you would like more information, or would like to speak with someone about collaborative law or mediation, contact Peter Flint on 01743 280280 or email him at peter.flint@lblaw.co.uk.]]></description>
<category><![CDATA[Divorce and Family]]></category>
<pubDate>Wed, 14 Jul 2010 11:54:01 +0000</pubDate>
<guid>http://blog.lblaw.co.uk/mediation-collaborative-law-a-quicker-more-popular-route-to-resolving-marital-disputes-221/</guid>
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<title><![CDATA[The Differences Between Mediation and Collaborative Law]]></title>
<link>http://blog.lblaw.co.uk/the-differences-between-mediation-and-collaborative-law-220/</link>
<description><![CDATA[I asked Lanyon Bowdler's Senior Partner and Head of the Family Department Peter Flint, what the key differences are between these two methods of matrimonial dispute resolution?He responded as follows:"For either process a client would need to seek either a fully trained collaborative lawyer or a qualified mediator.  "In mediation the Clients have a meeting or a series of meetings with a mediator, whose function is to work with the clients in assisting them in reaching an agreement to resolve the issues between them.  Although mediators are frequently qualified lawyers, the mediator is not allowed to provide any legal advice during the course of the mediation process.  Mediation is at present purely a voluntary process, and at any stage during the process the clients can go back to their respective solicitors for legal advice.  An agreement reached in mediation is not of itself legally binding.  The agreement can be made legally binding, for example by it being incorporated into a Court order or a Separation Deed."Collaborative Law involves adopting a similar team work approach, but the meetings are held between the clients and their respective collaborative lawyers.  At the outset of the process the Clients have to sign a Participation Agreement in which they agree not to take any Court action or threaten to take any Court action during the collaborative process; that they will work together with their lawyers with a view to achieving a fair and reasonable agreement which will be of benefit to their children; and that if they cannot reach agreement and have to refer their dispute to a Court, then they have to instruct new solicitors to represent each of them."If you feel one of these methods of resolving a dispute could be right for you, contact Peter on 01743 280280 or email him at peter.flint@lblaw.co.uk]]></description>
<category><![CDATA[Divorce and Family]]></category>
<pubDate>Tue, 06 Jul 2010 16:14:14 +0000</pubDate>
<guid>http://blog.lblaw.co.uk/the-differences-between-mediation-and-collaborative-law-220/</guid>
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<title><![CDATA[Co-ownership of Property - Pitfalls to be Aware of]]></title>
<link>http://blog.lblaw.co.uk/co-ownership-of-property-pitfalls-to-be-aware-of-208/</link>
<description><![CDATA[
Former co-habitees Leonard Kernott and Patricia Jones took their legal battle to The Court of Appeal in May this year.  
Miss Jones and Mr Kernott had bought a property together in 1985 with a deposit provided by Miss Jones, together with a mortgage - the repayments of which were shared between them.  The property was in their joint names.  
In 1993, Mr Kernott moved out and Miss Jones remained in the house with their 2 children, she continued to make all the mortgage repayments.  Mr Kernott subsequently purchased another property and approximately 12 years after their separation, Mr Kernott sought a payment of his half (50%) of the property he had jointly purchased with Miss Jones.
Miss Jones issued proceedings to seek a declaration that she owned the entire beneficial interest in the property (100%).  At the first hearing, the court decided Miss Jones should have 90% and Mr Kernott should have 10%, this decision was appealed by Mr Kernott.
The Appeal decided that declaring the share of the joint interest in the property as a 90% - 10% split was wrong.  The conveyance into joint names created joint beneficial interests in the property and the parties agreed, when they separated, that they had equal shares.  Just because Mr Kernott had taken 12 years to seek his share did not mean Miss Jones had acquired a greater than 50% interest in the property.  The court ruled that if Mr Kernott and Miss Jones had truly intended for Mr Kernotts beneficial interests to reduce post-separation then they would have acted accordingly and adjusted their beneficial interests.
This acts as a warning to anyone purchasing residential accommodation, particularly if they are unmarried.  It is important that they address their minds to the size and therefore fate of their respective beneficial interests at the point of purchase, separation and thereafter and ensure, if necessary, the appropriate legal advice should be sought and clearly documented.
If you would like advice on situations such as this, contact me on 01743 280280 or email me at sue.hodgson@lblaw.co.uk.]]></description>
<category><![CDATA[Divorce and Family]]></category>
<pubDate>Tue, 08 Jun 2010 10:00:27 +0000</pubDate>
<guid>http://blog.lblaw.co.uk/co-ownership-of-property-pitfalls-to-be-aware-of-208/</guid>
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