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professionals news
from Woolley & Co, solicitors
August 2008
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Welcome BackIt is more important than ever that professionals linked to family law matters work together. Changes are afoot in the industry which will make it easy for multi-disciplinary practices to operate, effectively enabling us to offer all our collective services under one roof. This is something we should be embracing, though some remain committed only to grumbling about the impact it could have on their business. The fact is that without changing and adapting, the smaller practices, whether you are a law firm, accountant, IFA or other related professional, will struggle. We need to be looking for change now. For a law firm, that means specialising and creating lasting links with accountants and IFAs we know we can work with. Failing to act now will leave us behind the times and struggling to survive. The credit crunch is affecting all of us so we need to be working smarter and collaborating wherever possible to help each other out. We’re planning a research lunch to consider this topic – more details here. Until next time, Andrew Woolley |
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Sex is Most Common Factor in Divorce |
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The reasons for divorce are many and varied – but sex is the single most common contributing factor. In 43 per cent of recent cases analysed by lawyers at family law specialist Woolley & Co, sex was directly tied to the reasons why an individual wanted to divorce, including things like infidelity and unusual sexual preferences. Lifestyle issues were mentioned in 37 per cent of the 100 cases studied, and the research showed that new technology like the internet and text messaging is increasingly being cited as a contributing factor in divorce – in around 11 per cent of cases. Anecdotal evidence suggests this is far more than five years ago. Woolley & Co, which recently published a second edition of its popular guide book Surviving Family Conflict and Divorce, has lawyers working from home offices around the UK and 10 were asked to look back over their last 10 cases. Lawyers assessed each case against the main problem areas – sex, lifestyle, money, personality and power. They were then asked to give the main reason, or reasons, for each of their cases. Full details of the survey with further analysis of the reasons for relationship breakdown can be found on the Woolley & Co family law website. |
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Professional in Focus: Justin Patten |
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Mediator Justin Patten knows more about settling disputes than most. He is increasingly being called upon to help couples reach agreement on the division of their assets when their relationship breaks down. And he believes it is because he acts independently of solicitors that he often has a more favourable reception from the parties involved. “The work involves both family conflict and work in a commercial setting, like employment disputes,” said Justin, who runs Human Law Mediation. “The mediation approach proves to be effective in seven or eight out of ten cases. It is most commonly seen in family law in things like the division of assets. If a couple cannot agree, the process is often left in limbo. No final decision is reached and the longer it takes to reach a settlement, the higher the cost for the parties involved. “Doing this job is not just about listening to what people say, but also trying to figure out what it is that they aren’t saying. Bags of patience and thinking outside the box are also essential!” Fixed fee packages can be bought so clients know exactly how much calling in Justin is going to cost. For more information on Justin or to get in touch visit the Human Law website here. |
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Family Law in the News |
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Millionaire publishes £3.7m divorce details to prove he’s not “tight”A multi-millionaire who has split from his wife has published details of the settlement on the internet to prove to village gossips that it was a fair settlement. Gary Dean, 47, of St Michaels, Fylde, in Lancashire, said gossips who branded him "tight" forced him to reveal his payout after leaving wife Helen. Mr Dean set up a dedicated website – The Truth About Helen Louise Dean Vs Gary Dean – to set the record straight. He had been married to Helen for nearly 20 years and the couple had four children. Mr Dean paid a lump sum of £3,719,000 plus £15,000 per child per year until the age of 17 years or the end of full time education. “I've decided that instead of allowing the rumour-mill to continue churning out nonsense I'd just set out the actual facts to stop it," said the businessman. Read the full story here. Easy divorce 'has left the elderly lonely and depressed'
A new report is suggesting that divorce and separation is affecting the mental health of millions of older people. The document from the Institute for Public Policy Research said isolation among the elderly is made worse by the rising number of break-ups and that the tendency of women to outlive their husbands is also contributing to depression and unhappiness. The findings echo studies carried out earlier this year which discovered divorce reforms at the end of the 1960s – trebling the number of divorces – are having a destructive impact on those now reaching old age. At Woolley & Co, we have been conscious over many years of the increase in the number of divorces, especially amongst the over 50s. In fact we’ve written before on the specific issues for older couples going through divorce. You can read our article Divorce and the Over 50s here. |
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Legal Talking Point |
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The family business and divorce proceedingsDivorce courts are becoming less keen on selling a business to finance a couple’s divorce settlement. The more enlightened view being taken these days is that such a course could lead to employees – completely unconnected to the divorce – suffering as a result of a divorce, perhaps even ending up losing their jobs. “During divorce financial proceedings, the court must look at all the assets no matter what or where they are, or which party acquired them or built them up,” explained John King, family law expert with Woolley & Co. “If either spouse owns or runs a business, the court will regard it as being a divisible matrimonial asset. “Certainly during the 1980s and 1990s, the general approach of the courts was often to order the business be sold so that the other spouse could realise their interest. However, over the past decade or so, the attitude of the courts has become somewhat more enlightened.” In the case of N v N (Financial Provision: Sale of Company) the Court of Appeal said: “In some cases it would be unfair to require the instant sale of a company to fund an equal division. The crippling of a company would affect not only the owners but also its employees who had no voice in the matrimonial dispute. “Time should be allowed in such cases to raise the money without ruining the business.” A similar approach has been adopted in other cases since. “Business owners going through divorce proceedings probably no longer have to fear for their businesses, and now that the UK is suffering an economic downturn it is even less likely that the divorce court will order the sale of a business that has employees,” added John. “Business owners in this situation however should seek early advice about putting together a payment plan designed to ‘buy out’ the other spouse.” |
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News From Woolley & Co |
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Family law recruitmentWoolley & Co is looking to expand and would like to speak to any experienced family law solicitors or legal executives. In these troubled economic times, we notice law firms reviewing their practice areas and focusing in on their more profitable sectors. If you know of any firm doing just this and planning to cease family work we’d be interested in an introduction. Call or email Andrew Woolley on 0800 3212832. Professionals invited to lunchIn early September we will be holding a research lunch for a selection of Professional News readers. The lunch, entitled The Credit Crunch and Your Clients, will bring together a collection of IFAs, accountants, health professionals, media contacts and counsellors with a handful of our lawyers to discuss the impact of the credit crunch on our respective clients and how we might work more effectively together to improve our services to clients and for mutual benefit. If you are interested in attending the research lunch, email Andrew Woolley. |
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