Vanessa Fox

Finding a Good Divorce Lawyer

Owens: “a wretchedly unhappy marriage” and What is Unreasonable Behaviour?

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Vanessa Fox
Partner and Head of
Family Law
hlw Keeble Hawson

Contested divorces are rare. I have undertaken three in my 30-year career on behalf of the Petitioner.

All were successful with the grounds found by the judge to be established after hearing evidence from the parties.

Such cases are very upsetting for all sides, as the dirty linen of many years of unhappy marriage is washed in a public court.

So I considered with interest the decision of the Court of Appeal in Owens v Owens.

Mr and Mrs Owens married in 1978 and separated in February 2015 when she moved out of the family home into a rented property. In May 2015 she submitted a petition to court based on her husband’s behaviour.

She alleged that he had prioritised his work during their marriage (although he was now retired), he had mood swings and was unpleasant to her on social occasions causing her to be embarrassed.

There were other allegations but this was the gist of the petition and there was no doubt that Mrs Owens was in a very unhappy marriage.

The husband was not willing to agree to a divorce on these grounds and contested the case.

Her case came before HH J Tolson, who gave his judgement on 15 January 2016, having heard evidence from both parties. He found that the petition allegations were not sufficiently significant to entitle Mrs Owens to her divorce.

The Court of Appeal’s decision on 24 March 2017 was that it had no choice but to uphold the earlier ruling and refuse the appeal.

The trial judge had gone through an “anodyne” set of allegations with the husband and the wife and decided that they were not bad enough to warrant “behaviour such as the Petitioner cannot reasonably be expected to live with”. He found that they were exaggerated and were part of marriage.

The Court of Appeal could not find a fault with the way in which the law had been applied and it was mentioned that parliament had decreed that it is not a ground for divorce to find yourself in a wretchedly unhappy marriage.

The Court of Appeal had a lot of sympathy with Mrs Owens and hoped that Mr Owens would relent and permit her to divorce him on two years’ separation, rather than waiting five years, until February 2020 – which is essential without his consent.

The appeal judges took time to criticise at length the current “hypocrisy and lack of intellectual honesty” of our current divorce law.

Unless couples are prepared to wait two years and to separate immediately in order to start that period running, they have no choice but to “think up some allegations” for a behaviour petition.

The appeal judges made it clear that they had no criticism of the solicitors dealing with these issues every week and that the “anodyne petition” which is such a feature of a divorce lawyer’s working life was necessary to achieve a divorce in some circumstances.

There is concern among divorce lawyers that the refusal of Mrs Owen’s petition will mean many more specific unpleasant divorce petitions in future to prevent the risk of a contested case being unsuccessful for the Petitioner.

About Vanessa

hlw Keeble Hawson partner, Vanessa Fox, marked 25 years as head of the firm’s family law department in 2016.

Collaboratively trained and a qualified mediator, she has modernised South Yorkshire Resolution since becoming chair in 2013 and is also a member of the Law Society’s Family Law Panel and the Children Panel.

She can be contacted on 0114 290 6232 or atvanessafox@hlwkeeblehawson.co.uk.

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Full Disclosure Principle in Divorce

The Full Disclosure Principle in Divorce – Don’t Try to Hide from it

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Vanessa Fox
Partner and Head of
Family Law
hlw Keeble Hawson

There have been a number of recent high profile cases where an ex-partner in a divorce has hidden money or assets to avoid them being included in the joint assets that will be divided by the court or an arbitrator.

Among these was an Australian couple’s dispute about the whereabouts of $160,000 fortune hidden in a shoebox.

It is surprisingly common for people to attempt to do this and I have worked on many cases where it has happened – including when a client’s ex squirreled away stacks of £10 notes. In fact, almost every family dispute I have handled has involved an alleged non-disclosure.

Reasons for hiding or undervaluing assets include a wish to save money, a desire for revenge or a belief that the asset or the person’s wealth is too trivial for scrutiny.

However, before the court can reach a financial settlement on separation, both parties have a legal obligation to provide full and frank disclosure of all their assets (including pensions), income and liabilities. Unless and until this has been done, a financial order cannot be made, even if both parties are happy for it to go ahead.

The court does not take into account who is ‘at fault’, meaning that the ‘wronged’ party has no excuse for not making an honest declaration. Nor is it justified for the poorer partner to fail to disclose. That person may feel aggrieved at having to list a tiny savings account or income from a part time job, when the other person is far better off – but the court’s intention is to assess a couple’s joint worth and how this can be divided fairly to meet the reasonable needs of both parties.

Declaring everything that you own does not mean you will receive a reduced settlement – however, failing to disclose an asset can produce that result.

If one party fails to fully disclose, it can lead to a more extended, costly dispute. The person who has not disclosed can in extreme cases be ordered to pay the other side’s legal costs and it is usually the case that that person will receive a far less favourable settlement – with more allocated to their ex on top of what would have been awarded in the first place.

There is nearly also extra expense in relation to applications for court orders for further disclosure or the hiring of a forensic accountant to track down hidden funds, the cost of which is sometimes ordered to be paid by the “non-disclosing” party.

In any event, legal costs always are paid out of the pooled assets that the court would prefer to be spent on the households of the separating couple and their children. One partner’s dishonest disclosure can severely reduce the funds available to do this, which could diminish everybody’s standard of living and affect a parent’s long term relationship with their offspring.

There are often no winners from somebody’s refusal to fully declare, but there can be many losers. Honesty is always the best policy – no matter what misgivings or lingering bitterness one party has for their ex.

About Vanessa

hlw Keeble Hawson partner, Vanessa Fox, marked 25 years as head of the firm’s family law department in 2016.

Collaboratively trained and a qualified mediator, she has modernised South Yorkshire Resolution since becoming chair in 2013 and is also a member of the Law Society’s Family Law Panel and the Children Panel.

She can be contacted on 0114 290 6232 or at vanessafox@hlwkeeblehawson.co.uk.

 

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Survive divorce
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Six-step Formula to Surviving the ‘Divorce Season’

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Vanessa Fox
Partner and Head of
Family Law
hlw Keeble Hawson

I hotly dispute the ‘divorce season’ myth, that family lawyers see an increasing number of divorce enquiries in January which are sparked by the strains of the festive period. In our experience, this month is quieter than usual and we receive more approaches in the spring and autumn.

For those of you who are experiencing the trauma and distress of a divorce – or a potential split – this depressing time of year can make the impact harder to handle. The ‘Christmas hangover’ can send focus and wellbeing plummeting at a time when it is vital to stay on the ball.

Here are six steps to surviving the ‘divorce season’.

  1. Seek legal advice on your rights before leaving the marital or shared home. Those who are married or in a civil partnership can’t make their partner leave the family home without a court order, regardless of whether both or either of you own/rent the property. Cohabitees have less legal protection and can be forced to leave the shared home if their partner rents or owns it solely. If not legally obliged to do so, it is often best to stay until matters are resolved, to avoid being accused of abandoning the family and to reach agreement first.
  1. Take proper financial advice before discussing options with your partner – a route that appears attractive could have many pitfalls so avoid rushing to make an agreement. Solutions that separating couples think are impossible often turn out to be achievable, and it is important to talk to an Independent Financial Advisor (IFA) immediately, rather than after the divorce. An advisor will explain your options and make sense of any offers your partner makes.
  1. Explore all possible repercussions and outcomes for you and your family and take the advice of as many family professionals – and trusted confidantes – as possible before calling time on your relationship. This includes couples counselling where a trained, independent counsellor can help you to talk through the issues and communicate more constructively. They can also help you to examine external factors that might affect your relationship, such as how arguments can escalate, as well as negotiate and resolve conflicts. While not a universal panacea, this process has saved many a marriage and long-term relationship.
  1. If divorce or separation is the only way forward, always put children and their feelings first. As the adults of the family, parents should behave like grown-ups, so keep full blown rows to a minimum, don’t criticise your former partner in front of the children and don’t ask them to take sides. Discuss the situation with them, reassure them that the divorce is not their fault – and outline any domestic upheaval so they have as long as possible to get used to the idea. If handled sensitively, you will find that children can survive divorce better than you do.
  1. During the divorce process, always make every effort to be courteous and polite with your former partner. While you may not always feel like it, the more civilised you can keep discussions and negotiations, the more focused and productive they will be – saving time, money and emotional expenditure.
  1. Finally, avoid contacting or texting the new partner of your former spouse/partner or replying to their texts. They should not play a greater part than necessary and your main focus should be to sort out the best outcome for you and your children and move forward.

In summary, before rushing into anything, ensure you have explored every option and take professional advice – both legal and financial. If divorce is inevitable, be civil to – and communicate effectively with – your ex-spouse.

Above all, spare your children from undue angst and stress.

About Vanessa Fox

hlw Keeble Hawson partner, Vanessa Fox, marked 25 years as head of the firm’s family law department in 2016.

Collaboratively trained and a qualified mediator, she has modernised South Yorkshire Resolution since becoming chair in 2013 and is also a member of the Law Society’s Family Law Panel and the Children Panel.

She can be contacted at on 0114 290 6232 or on vanessafox@hlwkeeblehawson.co.uk.

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How to get full custody of child

Children and Divorce – Is it Possible to get Full Custody of Child?

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Vanessa Fox Partner and Head of Family Law hlw Keeble Hawson
Vanessa Fox
Partner and Head of
Family Law
hlw Keeble Hawson

Family lawyers in England and Wales don’t like the word ‘custody’, which became obsolete in 1990 with the Children Act.

Before 1990, the key terms used were ‘custody’ (who has the main rights and duties for the child?), ‘care’ and ‘control’ (where does the child live?) and ‘access’ (when should the other parent see the child?).

Despite the continuing influence of high profile US cases, such as the Brangelina split, where the partners wrangle over full custody, from 1990 onwards in England and Wales family lawyers had to re-educate our clients to say residence order and contact order.

In the last couple of years, we have had to re-educate them again, to say ‘Child Arrangement Order’, when providing Live With and Spend Time With orders.

In fact, most people still, 26 years later, talk about custody and access, and also use the term ‘main carer’, which I personally think is divisive and unhelpful.

For lawyers, the nearest to ‘full custody’ is a Live With order – that is an order where the child lives full time with that parent or person (as it is not always a parent who cares for a child).

However, courts are unwilling in the modern age to divide children’s time up in the old way of custody and access.

The court primarily wants parents to sort the issue of where the children live between them without any court orders. Thus, court orders are only made in difficult cases where the parents cannot agree about where the child should live and with whom and when the child should see the other parent.

In most of the cases I see, parents are able to resolve this issue by agreement – either directly, through lawyers, in mediation or at the beginning of a court process.

One size definitely does not fit all and parents have all sorts of different arrangements, from one week on to one week off to every other weekend, one night per week, or less. These schedules depend entirely on the ability of the parents to negotiate with each other and the free time from work that each of them has.

In some instances, often referred to as implacable hostility cases, the parents’ relationship is so poor that there is often no contact between the absent parent and the children at all. In those cases, the parent with care (usually the mother) will often end up by default with ‘full custody’.

Custody also used to mean parental responsibility.

This is nearly always shared between the parents and covers rights to information about education, health, where the child lives in the UK or the world.

It doesn’t confer a right to ‘call the shots’ day-to-day. Fathers of children in unmarried families have parental responsibility where they are named on the birth certificate after a certain date.

About Vanessa Fox

hlw Keeble Hawson partner, Vanessa Fox, marks 25 years as head of the firm’s family law department in 2016.

Collaboratively trained and a qualified mediator, she has modernised South Yorkshire Resolution since becoming chair in 2013 and is also a member of the Law Society’s Family Law Panel and the Children Panel.

She can be contacted at on 0114 290 6232 or on vanessafox@hlwkeeblehawson.co.uk.

 

 

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celebrity spilts

Celebrity Splits or Anonymous Divorces? – How Best to Help Children Through it

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Vanessa Fox Partner and Head of Family Law hlw Keeble Hawson
Vanessa Fox
Partner and Head of
Family Law
hlw Keeble Hawson

It is surprising that couples as wealthy as Amber Heard and Johnny Depp and now Brad Pitt and Angelina Jolie wash their linen so publicly, when financially they are in a position not to do so.

Their motives may perhaps lie with a need to respond to the media circus that surrounds them – seeking to gain the public’s sympathy for their individual position – something the rest of us mere mortals can be grateful to avoid.

With that in mind, media speculation over a potential court battle over Brad Pitt and Angelina Jolie’s six children – aged between 8 and 15 and, on any view, the innocent bystanders – is extremely worrying.

It is reported that Ms Jolie has instructed a lawyer well known for litigious work. However, it is to be hoped that the celebrity couple’s legal teams will advise them that there are other routes to achieving agreement that would prioritise their children’s needs.

For their children’s sake, any parents during separation, should act responsibly and avoid a bloodbath of litigation – which comes with the danger of distressing any young family members immensely. With celebrity couples, any litigation appears to be conducted in the public eye, with media comment at every stage.

Where there are children to consider, especially across a wide age range, separating parents should think carefully as to the legal path they take upon separation, as this will affect the children greatly. The legal recommendation to separating parents should be that a court appearance about children issues should be the last resort.

Although there are cases where a court application is the only option, parents should be advised to look at other choices, including mediation, counselling and collaborative family law practice. If parents can sit in a room together (whether with mediators or trained family lawyers) and listen to each other, they often realise that more unites than divides them where the children are concerned.

On a practical level, it is vital that children are helped to get through their parents’ separation and divorce as sensitively as possible and with minimum disruption. To achieve this, I recommend a checklist of ten tips:

  • It is best if parents can sit down together to tell their children about a separation or divorce. If the conversations have to be separate, it’s important to agree what you will each say beforehand so that children have a consistent message. Keep explanations simple and try not to blame each other.
  • Put your children’s welfare, not your own, at the forefront of your mind and avoid unnecessary squabbles over trivial issues with the other parent where possible when the children are present. Try to look at each situation through your children’s eyes.
  • Try to be as fair and as flexible with the other parent as possible about children issues, whilst not messing each other around with last minute changes of plan. A routine is helpful for children, but it needn’t become a straitjacket.
  • Agree some parenting ground rules with your ex, but also try to fit in with some differences in approach, without compromising on issues that really matter to you.
  • Don’t get into a ‘blame game’ with the other parent and give each other as much notice as possible with any problems that will inevitably arise from time to time with contact issues. This will help the children understand that they need to see both parents.
  • Reassure your children that you love them and that they are not to blame. Always remember that children are entitled to continue to love both their parents.
  • Explain in simple terms how their lives will change, particularly major decisions such as where they will live and how often they will see each parent. Be prepared to consider changes to the routine you have agreed with your ex if your children want to change the arrangements – and be particularly flexible with teenagers.
  • Listen to your children and make time for them, giving them your full attention – and turn off mobile phones when you spend time with them. Don’t force your child to talk to you, but reassure him or her that you are there to listen when they are ready.
  • Keep your own personal issues and feelings about the separation out of any discussions with your children and focus on how they are each feeling.
  • Try to counter the negative impact of separation or divorce with positive statements about the children such as praising them for achievements at school or helping around the home.

About Vanessa

hlw Keeble Hawson partner, Vanessa Fox, marks 25 years as head of the firm’s family law department in 2016.

Collaboratively trained and a qualified mediator, she has modernised South Yorkshire Resolution since becoming chair in 2013 and is also a member of the Law Society’s Family Law Panel and the Children Panel.

She can be contacted at on 0114 290 6232 or on vanessafox@hlwkeeblehawson.co.uk.

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collaborative divorce
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Going Through a Divorce? What you Need to Know about Collaborative Divorce

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Vanessa Fox
Vanessa Fox Partner and Head of Family Law hlw Keeble Hawson

What is Collaborative Divorce?

This is an alternate dispute resolution that brings both parties and both of their solicitors into the same room in a series of four-way meetings.

The approach is to achieve an agreed solution to family difficulties out of court and agree arrangements for children and finances amicably

The process means that you see and speak to your former partner and his or her lawyer, which helps to build understanding and achieve the outcome that suits you both best.

In the room, lawyers who have been specifically trained and accredited by Resolution, the family lawyer organisation, work with both of you to reach the right solutions for you and your family.

You will still have your own independent legal team with you – and you and your former partner remain in control of the process and the agenda.

What are the Benefits of using the Collaborative Divorce Process?

Collaborative process is designed to be less combative and protracted, with all involved undertaking to reach an agreement without a court battle, avoiding what can be an enormously stressful, intimidating and costly experience.

Unlike the court system, this process takes place in private, at venues where both parties feel comfortable.

The four-way meetings allow you to work things out together, expressing your viewpoint to your ex-partner, rather than filtering it through lawyers by letter or phone. This produces much quicker responses – and the family lawyers help keep your interactions as constructive and helpful as possible, while supporting you and identifying options with you.

Throughout the sessions, your priorities and concerns will be paramount, as you move towards an agreement at a speed dictated by you, not a court timetable.

A key benefit of this process is that the lawyers sign the participation agreement themselves and thus commit themselves to the success of the process.

As such, they can minimise difficulties and prevent breakdowns in the negotiations, working together to create better understanding between couples. This in turn will reduce the chances of lingering bitterness, which is better for any children involved.

What does this Process Entail? How does it Work?

Collaborative process involves a series of four-way meetings supported by an agreement to avoid taking disputed issues to litigation, which ensures everyone is focused on agreement, not conflict. A commitment to reaching a fair solution for all the family (rather than simply “winning”) is the key.

The final agreement is converted into an agreed court order; a result created by the lawyers and ex-partners together that provides the best chance for a better long-term relationship.

Resolution is often achieved quicker and more creatively in this process rather than a court-imposed timetable and outcome. The couple concerned remain in control of their futures, rather than leaving a stranger (the judge) to decide for them.

Vanessa Fox, marks 25 years as head of the firm’s family law department in 2016.

Collaboratively trained and a qualified mediator, she has modernised South Yorkshire Resolution since becoming chair in 2013 and is also a member of the Law Society’s Family Law Panel and the Children Panel.

Visit www.hlwkeeblehawson.co.uk for more information.

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Cohabitation Agreement: Why and How to Protect yourself in all Eventualities

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Vanessa Fox Partner and Head of Family Law, hlw Keeble Hawson
Vanessa Fox
Partner and Head of Family Law,
hlw Keeble Hawson

More people than ever before are choosing to live together without ‘tying the knot’ – as reinforced by research from the ESRC Centre for Population Change.

Yet, with Relate reporting that separation among cohabiting couples is running neck-and-neck with the divorce rate, it is vital that they know the legal ramifications of their status and are not left disadvantaged by it.

Despite the government’s attempts at promoting marriage and civil partnerships, it is estimated that around six million people in the UK now simply live together – with the numbers set to rise, according to reports from the Centre of Social Justice.

However, these couples have no legal status and, contrary to popular belief, ‘common law marriage’ is not a legal entity.

Whereas there are clear rules in England and Wales regulating the finances of divorcing couples – and who gets what when a spouse or civil partner dies – there is no provision for live-in partners.

There are no specific laws to protect separating cohabitees and they usually have no automatic entitlement to anything upon the death of their partner, no matter how long they have lived together.

The death or separation of a cohabitee can therefore lead to some knotty legal complications that the law is poorly equipped to address at present. This can result in expensive litigation to resolve them, often based on complex property and trust rules – which can in turn result in outcomes that neither party necessarily intended.

There is, however, a simple, relatively inexpensive solution to all of this, albeit a little known one.

For while increasing numbers of couples are entering into pre-nuptial agreements before marrying, to plan in the best of times for what should happen in the worst of times, many cohabiting couples are unaware that they can do something similar.

Having a cohabitation agreement in place could avoid financial and emotional trauma later on.

This can give both partners peace of mind by making clear in the case of a split or death:

  • Who will own the home you live in or intend to live in – and, if jointly, the shares
  • Who will pay the bills, including any improvements or renovations to the home
  • What will happen to the property if the relationship ends or should one of you die
  • Whether the survivor can stay in the property after the death of the other and, if so, for how long
  • How any children, including those from previous relationships, will be protected financially

The first step is to make contact with a legal practice with an experienced, respected team of family and will and estate planning specialists to discuss your specific circumstances and what you need to consider.

Acknowledged the latest Legal 500 2015 Guide as ‘Extremely bright and resourceful’, Vanessa has amassed almost three decades of experience in family law and has been head of the family law team at Keeble Hawson since 1991.

An accredited mediator, Vanessa is also a Resolution accredited expert and has been Chair of South Yorkshire Resolution since 2013.

A member of the Law Society’s Children’s Panel, Vanessa receives instructions from Children’s Guardians. She is also accredited by the Law Society Family Law Panel.

Vanessa’s work is typically characterised by sensible and practical advice that supports a speedy and pragmatic resolution.

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