COLLABORATIVE LAUNCH

Image by courtesy of Durham Cathedral.

To launch collaborative law in County Durham and Wearside, family lawyers from across the county, hosted an event in the Prior’s Hall at Durham Cathedral last Tuesday for all professionals involved in family issues.

Collaborative law is an innovative approach to help reduce the emotional cost on couples and their children when families in the area split up. Instead of negotiating by letter or litigating in court, the alternative method, called collaborative law, involves couples working with their solicitors, all together in the same room, to reach agreement without the need for costly and stressful court battles. Both parties and their lawyers pledge to work together to negotiate an agreement without going to court.

Where it has been practised elsewhere in the UK, it has achieved remarkable results. We are confident it will in County Durham and Wearside too.

More information on collaborative family law is available from www.resolution.org.uk and www.collabfamilylawnortheast.co.uk

A BRAVE WOMAN

Yesterday I blogged about domestic violence and initiatives being taken to try to combat it here in the UK. Today I want to tell you about a letter I have received through ActionAid from a woman in Guatemala where it’s reckoned that over 4,000 women have been killed as a result of violence, rape, torture, or mutilation since 2000.

“I am 54 years old,” she wrote. “I have suffered from violence since I got married at 17. We were very poor and my husband would sell our few possessions to pay for his drink. I tried to leave him several times but he would threaten me. He would beat me and throw hot food and coffee over me. I felt very fearful every time he came home. I decided to finally leave him. I was tired and in pain from being knocked about again. I rented a room in another part of the city. He found me and beat me.”

“I want other women to know that it is never too late to stand up to violence,” she continued, “It will only be too late when they are killed. I want them to know that they can do it. I would also like to teach children that they must treat girls and women well. If we don’t do this then the problem will continue.”

No Fault Divorce in NY? The Time Has Come


The NY State Assembly is trying yet again to bring the concept of "No Fault" Divorce to this state.

The bill entitled: "No Faul" divorce legislation, is set forth in Senate Bill S-3890-A, sponsored by Senator Hassell-Thompson and Assembly Bill A-9753, sponsored by Assemblyman Bing.

The current law, which requires a spouse to prove adultery, abandonment or cruel and inhuman treatment in order to obtain a divorce, has forced spouses into costly and lengthy court battles, where their children often are emotionally damaged by the crossfire. This bill would permit either spouse to obtain a divorce upon a sworn statement that there has been an irretrievable breakdown in the marriage for at least six months.

This bill would not permit "Divorce on Demand" because the divorce judgment could only be granted after custody and the financial issues have been resolved or determined.
The enactment of this NO FAULT divorce bill would not prevent a spouse from presenting facts of domestic violence or other egregious fault in matters relating to custody, child support, spousal maintenance or equitable distribution.
New York is the only state requiring the court's finding of fault unless both spouses live separate and apart for one year after they have signed a written separation agreement or stipulation resolving custody and their financial issues. This requirement has a disproportionately negative impact on custodial parents, who may not be permitted to relocate with the children to a neighboring state to obtain a "no fault" divorce. Similarly, the non-monied spouse often cannot afford to relocate. In sharp contrast, the noncustodial parent and/or monied spouse can move to a neighboring state, such as Connecticut, and immediately commence a "no fault" divorce action.
Thus, the current law has a Draconian impact on victims of domestic violence who will not leave New York State without their children and who cannot afford to move or to litigate fault.

For too long, families have been financially and emotionally devastated by one spouse's refusal to give up "control" by consenting to a divorce. The time is now to enact the Hassell-Thompson/Bing No Fault Divorce bill.

No Fault Divorce in NY? The Time Has Come


The NY State Assembly is trying yet again to bring the concept of "No Fault" Divorce to this state.

The bill entitled: "No Faul" divorce legislation, is set forth in Senate Bill S-3890-A, sponsored by Senator Hassell-Thompson and Assembly Bill A-9753, sponsored by Assemblyman Bing.

The current law, which requires a spouse to prove adultery, abandonment or cruel and inhuman treatment in order to obtain a divorce, has forced spouses into costly and lengthy court battles, where their children often are emotionally damaged by the crossfire. This bill would permit either spouse to obtain a divorce upon a sworn statement that there has been an irretrievable breakdown in the marriage for at least six months.

This bill would not permit "Divorce on Demand" because the divorce judgment could only be granted after custody and the financial issues have been resolved or determined.
The enactment of this NO FAULT divorce bill would not prevent a spouse from presenting facts of domestic violence or other egregious fault in matters relating to custody, child support, spousal maintenance or equitable distribution.
New York is the only state requiring the court's finding of fault unless both spouses live separate and apart for one year after they have signed a written separation agreement or stipulation resolving custody and their financial issues. This requirement has a disproportionately negative impact on custodial parents, who may not be permitted to relocate with the children to a neighboring state to obtain a "no fault" divorce. Similarly, the non-monied spouse often cannot afford to relocate. In sharp contrast, the noncustodial parent and/or monied spouse can move to a neighboring state, such as Connecticut, and immediately commence a "no fault" divorce action.
Thus, the current law has a Draconian impact on victims of domestic violence who will not leave New York State without their children and who cannot afford to move or to litigate fault.

For too long, families have been financially and emotionally devastated by one spouse's refusal to give up "control" by consenting to a divorce. The time is now to enact the Hassell-Thompson/Bing No Fault Divorce bill.

WORLD CUP KICK OFF

Well the World Cup has definitely started and even Outdoor Man appears glued to the television screen, although the continuous rain outside today may have played its part. It is feared, based on statistics arising from previous sporting events, that incidents of domestic violence will increase during the period of the tournament. Frighteningly when England were defeated by Portugal back in the 2006 World Cup, reports of domestic abuse went up by 30%. It is appalling but there are some households where sport and alcohol are a lethal combination and when the nation’s side loses (as it surely will at some point in the next few weeks), the touch paper ignites.

Police forces across the country are taking the threat seriously and are launching a variety of initiatives to try to limit the impact. Locally in North Yorkshire a confidential 24 hour telephone helpline has been set up, which will run until 25th July on 01904 646630. Durham, Cleveland and Northumbria police forces have joined together with a poster campaign to raise awareness: “What time is kick off in your house?” and again publicise their domestic violence helpline, 0800 066 5555.

BEREFT IN BENIDORM

Last week I seized the opportunity to spend 4 days in a Spanish fishing village. The plan was to chill out on a sundrenched beach reading trashy paperbacks whilst grilling my flesh. I am pleased to report that all went to plan although the barbeque effect was hotter than imagined and the reading material, branded as “rom coms,” ended up providing something of a busman’s holiday filled with the scrapes of divorced and divorcing couples. They certainly weren’t the kind of reads I’d recommend for those suffering from the pain and heartache of the early stages of separation. Indeed a health warning on the cover would have been appropriate: “Not for those suffering the effects of divorce or of a prudish disposition.”

But what do you read assuming you are in that position and can settle your mind long enough to peruse a chapter or two? Is it a time for easy crime novels or historical sagas (Henry VIII excepted)?

What about War and Peace? It has an inspirational title and beats “Alone and Bereft in Benidorm” any day.

Facebook Warning Again

For the last two years I've been warning my clients about the dangers of the so called social network media on the internet. It started with myspace and advanced to facebook and twitter. For some reason people feel if they write in the privacy of their own homes, no one can really see its them or associate what they have written to them. WRONG.




While I have been arguing with clients about photos that have been attached to orders to show cause on a regular basis the main stream media has not caught up and perhaps someone will listen now. See CNN.



Get off facebook if you are in the middle of a divorce proceeding or contemplating one....or at least watch carefully what you post and realize if you let it loose out there in the world of cyberspace someone can and will find it and use it against you.

Facebook Warning Again

For the last two years I've been warning my clients about the dangers of the so called social network media on the internet. It started with myspace and advanced to facebook and twitter. For some reason people feel if they write in the privacy of their own homes, no one can really see its them or associate what they have written to them. WRONG.




While I have been arguing with clients about photos that have been attached to orders to show cause on a regular basis the main stream media has not caught up and perhaps someone will listen now. See CNN.



Get off facebook if you are in the middle of a divorce proceeding or contemplating one....or at least watch carefully what you post and realize if you let it loose out there in the world of cyberspace someone can and will find it and use it against you.

NEW ONLINE RESOURCE

“Families come in all shapes and sizes. This week is national family week, and as well as celebrating your own family life it is important to remember those families who are experiencing difficult times. As national family week gets underway, Resolution is launching a new online advice centre with information on the legal aspects of splitting up, as well as advice on parenting apart, sorting out money and arranging child maintenance. The advice centre is available via Resolution’s website at www.resolution.org.uk/advice_centre.

The online advice centre is a useful tool with sections on the legal process of splitting up, tips on managing the relationship with your children post‐separation, as well as sections on sorting out child maintenance and other financial arrangements. The information is provided in a wealth of different formats, including video clips, factsheets and FAQs.