Category: News

Reflections of a Divorce Lawyer and Family Mediator.

In amongst all the excitement of the introduction of “Buster the Boxer” and the bombardment of Christmas adverts, it may be easy to overlook “Good Divorce Week ”, between 28th November & 2nd December 2016. Many will wonder, is there really such a thing?

As the world recently came to terms with the news that Brangelina are no more, the media spotlight returned on all issues arising surrounding separation. As I listened to the media outpourings of some truly dreadful experiences people have been through, it reminded me why I’m glad to also practice as a Collaborative Family Lawyer and Accredited Family Mediator, able to undertake Direct Child Consultation where appropriate. By doing so I am able to promote and encourage solutions that consider the needs of the whole family and in particular the best interests of children.

Everyone knows a friend or family member who has been “scarred” by a painful family breakdown, the subsequent damage, both emotional, financial and at times physical, which can unfold in the midst of heightened emotions. But the good news is , it really doesn’t have to be like that.

“Good Divorce Week” aims to raise the profile where circumstances fit to use alternative methods to court.

So Why Keep it Out of Court?

It may be entirely appropriate for a case to be taken through the courts to ensure a child’s welfare is safeguarded or to prevent financial assets being disposed of, but all too often the Courts are seen as the first place to turn , rather than exploring alternative options first. With the court system under unprecedented pressure due to the wide scale removal of legal aid and impact of austerity, court proceedings can be very lengthy, expensive and leave both participants feeling disillusioned and upset. That’s before counting the emotional impact upon people who often need to be able to continue to co-parent their children for years to come. Of course it is a way of bringing closure and imposing outcomes where no agreement can be reached , but surely there must be a better way?

Over the years family law has evolved significantly, with a sea change of the attitudes of the majority of specialist family lawyers and professionals practising in this area. On the whole, family lawyers now focus on supporting and helping people and their families find family focussed solution to their problems. Collaborative Law enables families to come around the table to explore all issues with the support of their specially trained Collaborative Lawyers and such other professionals as may be appropriate to work for the whole family. An end to difficult lawyers letters being sent and no delays. Instead face to face communication. It may not be cheaper but can be much quicker and emotionally help people to reopen communication channels.

Alternatively, people may prefer working together with the benefit of a trained Mediator to work through solutions that work for their family. Mediation gives people a constructive opportunity to communicate to explore all options available. Where appropriate, Mediation can prove significantly cheaper and significantly can ensure the voice of a child is heard when important decisions are being taken effecting their future.

So, if you, any family members or friends are considering separation or indeed have already separated, remember there is such a thing as a “good divorce”

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Karen Beevers is a Partner at Evans Derry Solicitors having practised in family law for over 18 years. She is a Collaborative Family Solicitor and Accredited Mediator qualified to undertake Direct Child Consultation.

If you have any questions or queries, please get in touch on 01675 464 400, or karenbeevers@evansderry.com

Mediation is an alternative to court proceedings and is seen as a more constructive and less emotionally damaging process. 

The quality of the family mediation services offered by partner Karen Beevers at Evans Derry Mediation has now been recognised by the Law Society with the award of the prestigious Family Mediation Accreditation.

Karen comments:-

The accreditation is the successful outcome of a mediation journey that has taken several years and secures the future of the mediation services and MIAMS assessments in the North Warwickshire and Solihull. I am delighted that the quality of work has been recognised. It is rewarding to me personally to be able to work with families, to help them reach their own solutions and thus secure a brighter future. 

By way of separate recognition,  Karen has successfully qualified to offer direct consultation with children and young people in mediation.  When parents are separating, children want to have a say in what happens to them. There is a growing understanding of the importance of listening to the children, whether or not court proceedings are ongoing. Experience has shown that in almost all cases where the children have met with the mediator the children felt that they had benefited. Such benefits can include feeling less anxious about being caught between parents, having better communication and understanding of the situation.

The opportunity to work with children in the mediation process is an exciting development at Evans Derry Mediation and compliments well the comprehensive mediation services offered.

For further information, please do not hesitate to contact Karen Beevers on 01675 464 400 or karenbeevers@evansderry.com

You need a will, but must make sure it helps those intended!

When was the last time you reviewed your will or have you even made one?

The Court of Appeal has just awarded a six figure pay-out to a daughter, from whom the deceased had been estranged for 26 years – despite the entire estate being left in the will to three animal charities.

During a lengthy court battle, Heather Ilott had fought for financial provision to be made for her maintenance, following her mother’s death in 2004. When this first went to court in 2007, the decision was that the daughter had been unreasonably excluded and awarded an inheritance of £50,000. This ruling was later reversed, when Ms Ilott had applied for a larger share of the estate than initially awarded. Then, in 2011, the matter went to the Court of Appeal which upheld the initial award of £50,000. The court action went on – still dissatisfied, Mrs Ilott applied for a larger share of the estate, but again in 2014 lost her battle. Further legal action and after 8 years, Mrs Ilott has successfully challenged the estate and finally been awarded £148,000 by the Court of Appeal. The Judge commented during the trial that the deceased had, in not leaving her daughter any inheritance, been “unreasonable, capricious and harsh”.

Until now, proving adult dependency has been complex and problematic and this has often discouraged adult dependants from pursuing claims against an estate to which they have been excluded. The Courts have always had the discretion to depart from wills under the Inheritance (Provision for Family and Dependants) Act 1975. However, this new ruling has widened the scope for them to do so, making it easier for adult dependant children to bring claims, where they have been excluded from their parent’s will.

Adult dependants who consider they have been unreasonably excluded will hopefully now be given confidence to pursue a claim, where they are rightful entitled to do so.

A will is a necessity: otherwise, on your death, your assets will be distributed not necessarily as you might have wished, but according to the strict rules of intestacy. The list of who may benefit is restricted : for example, not included are unmarried partners not in a civil partnership, carers, relations by marriage. Also, if there are children and the estate exceeds £250,000, a spouse will not inherit the whole of the estate outright, but will be sharing with the children.

However, now extra care and thought must be given to the drafting of your Will and getting the right advice, to ensure it does not fall foul of the ever changing law and be left wide open for a successful challenge and the significant costs involved.

If you would like to know more, then please get in touch with Charlotte Fox or Faye Scotter on 01675 464400 or email FayeScotter@evansderry.com or CharlotteFox@evansderry.com

Sadly, there is nothing new or perhaps surprising to hear of the demise of another celebrity marriage. Yet there was a subtle difference to the sad news last week that Ben Affleck and Jennifer Garner were to divorce after 10 years of marriage.

Rather than rushing off to high profile divorce lawyers, to leave the other “quaking in their boots”, as many had done before, it is reported that the couple will work through their separation with a mediator.

“We go forward with a commitment to co-parenting our children, whose privacy we ask to be respected during this difficult time”

What a refreshing change from the infamous water throwing incident between Ms. Mills and Paul McCartney’s lawyer, during the course of what were evidently very acrimonious court proceedings. Instead this couple have chosen to work through and reach solutions for their family, with the assistance of a trained mediator.

So what is mediation and how is it different?

These are questions frequently asked by those coming to see me, who wish to explore all options available to them. Many are under the false impression that it is a form of counselling aimed at saving the relationship. Mediation works on the basis that a couple having already decided to take that difficult decision to separate; mediation offers people the opportunity to work through all the issues raised by this decision – whether it is how to tell the children; what future arrangements will be in place for them; how to resolve financial matters.

Mediation is entirely voluntary. Save for some limited exceptions, it is confidential. Where mediation is successful, it can be significantly cheaper and quicker than court proceedings. Perhaps more importantly, it can greatly improve communication, empowering people to have control of the future arrangements they wish to achieve, particularly where children are involved.
Separation is one of the most difficult and stressful events that people will endure. In years to come, the decisions taken then and their potential impact on life will be seen as the most important they will have ever taken.

This was the reason I decided to train as a mediator. I have practised as a family lawyer now for over 15 years and as an accredited mediator am qualified to undertake direct consultation with children. Mediation is just one of the valuable tools available to help people deal with separation and a successful outcome will be rewarding for all involved.

Personally, I wish Ben Affleck and Jennifer Garner all the best in working through the issues they face and for demonstrating that there are better options than the bitterness of court proceedings.

Karen is an accredited mediator and collaborative family solicitor.

If you’d like to know more, please get in touch on 01675 464 400 or karenbeevers@evansderry.com

A recent landmark Supreme Court decision has raised considerable media attention, and even surprise, following a ruling that a woman is able to proceed with an application to claim cash from her ex-husband notwithstanding their divorce nearly 20 years ago.

The couple met in their early 20’s as students and married in 1981. They had a son and lived a New Age traveler lifestyle prior to separating. At the time of their divorce in 1992, neither had any considerable assets of any nature and financial matters were not addressed at all.

20 years later, Mr Vince had become a very successful businessman, and a self made millionaire in the renewable energy market. No doubt he was very surprised to receive notice of a court application for a financial claim from Mrs. Wyatt in 2011, claiming a sum of £1.9 million, some 19 years after the divorce proceedings had concluded.

However, Mr Vince”s efforts to have the application kicked into touch on the basis of being out of time were dealt a fatal blow by the Supreme Court. The court ruled unanimously that the claim should go ahead and was legally recognisable. Described by Mr. Vince as “mad”, the decision is, however, a timely reminder of the importance of getting financial affairs in order at the time of the divorce.

Family and divorce expert Karen Beevers, of Coleshill solicitors Evans Derry, comments:-

“ There is a common misconception that a divorce concludes any financial claims between husbands and wives.” Clients are often shocked when I explain to them that financial claims are ongoing until they are terminated by a court order, despite the passage of time passing since a divorce being concluded. It is important to note in this case that the Supreme Court has not determined the merits of Mrs. Wyatt’s claim, but has confirmed that it is legally recognisable and should proceed. To avoid such uncertainty in the future and to avoid the feeling of looking over one’s shoulder in years to come, I always advise people to sort out a financial settlement at the time of the divorce. That way, all can move forward with the next chapter of their lives with peace of mind.”

Partner Karen Beevers and member of the West Midlands Collaborative Family Law Group attended a cheque presentation to the Birmingham Crisis Centre, formed in 1998 to provide a safe haven for female victims of domestic abuse. The donation of £1,000 will assist them to raise funds to build a new nursery and was raised from a training day organised for the Solicitors and other professionals.

Karen commented:- “ I was given a tour of the Centre and was so impressed with what it has to offer. I am really pleased to be able to help in this way”

West Midlands Collaborative Family Law Group are a group of professionals who all are members of Resolution. In addition to family lawyers, the group has a network of like minded professionals from other disciplines such as financial advisors, family therapists, forensic accounts and pension experts.

Evans Derry in Coleshill and North Solihull has secured membership to the Law Society”s Conveyancing Quality Scheme – the mark of excellence for the home buying process.

Evans Derry underwent rigorous assessment by the Law Society in order to secure CQS status, which marks the firm out as meeting high standards in the residential conveyancing process.

Law Society President Lucy Scott-Moncrieff said that the Law Society introduced CQS to promote high standards in the home buying process.

“CQS has established itself as the quality mark of the home-buying sector and enables consumers to identify practices that provide a quality residential conveyancing service. With so many different conveyancing service providers out there, CQS helps home-buyers and sellers seek out those that can provide a safe and efficient level of service.”

Evans Derry Partner Richard Holt says: “Evans Derry is delighted to have secured CQS status. Buying and selling a home can be a stressful time. Choosing a solicitor to help in that process just got easier. By looking for a CQS firm like Evans Derry, the public can seek out a firm that has proved its commitment to quality.

Claire Houghton, Head of the Conveyancing Team, added: “The overall beneficiaries will be clients who use Evans Derry when buying a home. They will receive a reliable, efficient service as recognised by the CQS standard.”

The scheme requires practices to undergo a strict assessment, compulsory training, self reporting, random audits and annual reviews in order to maintain CQS status. It is open only to members of the Law Society who meet the demanding standards set by the scheme and has the support of the Council of Mortgage Lenders, the Building Societies Association, Legal Ombudsman and the Association of British Insurers.
For more information on the Law Society”s Conveyancing Quality Scheme visit www.lawsociety.org.uk/cqs

Or contact the CQS Unit on 020 7316 5550 or CQS@lawsociety.org.uk

Contact: Richard Holt, Partner, Evans Derry Coleshill, 01675 464400, richardholt@evansderry.com