New Year, Fresh Start?

Find the right ad­vice and sup­port from SAS Daniels LLP

Cheshire Life - - Family Life -

When un­happy cou­ples spend time to­gether over Christmas with­out the day-to-day dis­trac­tions of work­ing life, that time can re­ally clar­ify why you might not want to spend an­other Christmas to­gether. If it is an am­i­ca­ble sep­a­ra­tion or divorce that you want de­spite the cir­cum­stances be­hind your part­ing ways, a so­lic­i­tor will be a calm voice of rea­son when emo­tions are high.

A good place to start to find the right so­lic­i­tor is Res­o­lu­tion. A Res­o­lu­tion so­lic­i­tor will pro­mote a non-con­fronta­tional ap­proach which re­sults in bet­ter out­comes for many spouses. They will help guide you through the tricky process of divorce, ne­go­ti­at­ing the terms of a fi­nan­cial set­tle­ment and mak­ing ar­range­ments for the care of any chil­dren whilst en­cour­ag­ing you to main­tain re­spect for one an­other, con­duct­ing your­selves hon­ourably and in a way that al­lows a sep­a­rat­ing cou­ple to move for­ward as co-par­ents, which is vi­tal where there are chil­dren of the fam­ily.

A rel­a­tively new con­cept to en­sure the chil­dren do not en­counter too much dis­rup­tion to their usual way of liv­ing is for a ‘nest­ing ar­range­ment’ to be put into place. This is where the chil­dren stay in the fam­ily home and it is the par­ents who shut­tle be­tween two dif­fer­ent res­i­dences, usu­ally the fam­ily home and a small flat, for a few days each time. The chil­dren re­main sur­rounded by ev­ery­thing that is fa­mil­iar to them, their bed­room, toys and pets. This ar­range­ment al­lows the costs in­volved in run­ning the fam­ily home to con­tinue to be shared as only one prop­erty needs to be big enough to house the chil­dren.

An­other dif­fi­cult area is where the sep­a­rat­ing spouses are in­volved in the run­ning of a fam­ily busi­ness. The key here is to main­tain the con­cept “busi­ness as usual” and not make any rash de­ci­sions which af­fect the run­ning of the busi­ness with­out tak­ing le­gal ad­vice. The value of the busi­ness will be taken into ac­count when ne­go­ti­at­ing a fi­nan­cial set­tle­ment. It is highly un­likely that a busi­ness will be lost or have to be sold as a re­sult of divorce.

Whilst most cou­ples’ lives are sig­nif­i­cantly in­ter­twined in re­la­tion to prop­erty, fi­nances, chil­dren and shared busi­ness in­ter­ests in some cases, rest as­sured that there is al­ways a way to come to an un­der­stand­ing for all is­sues that both par­ties can agree on. Help­ing peo­ple to move on with their lives is al­ways a chal­lenge but can be fig­ured out with the right ad­vice and sup­port.

SAS Daniels So­lic­i­tors Claire Porter

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