Divorce on the increase

120,000.

This is the number of divorces that took place in 2010 (statistics provided by the Office for National Statistics).  As shocking and as sad as it may seem, it is a fact.  The rate of divorce is back on the increase. Following a short period of levelling off in 2008, the number of divorcing couples is continuing on the upward trend.

Analysing the reasons behind divorce, we find that they range from extra-marital affairs, to unreasonable behaviour, falling out of love, emotional and physical abuse, workaholics and even business related problems.  However, some analysts claim that couples are marrying too quickly these days: believing that the ideology of love will last forever: without tackling the most difficult questions relating to their objectives in marriage first.

You may be reading this and thinking that you see yourself in this scenario: as one of the statistics.  Perhaps you are currently going through a divorce or perhaps you are currently contemplating divorce.

Whatever the reason, whatever the underlying cause, if you are going through divorce or contemplating divorce,  it is vital to deal with it in the right way.  You are not just a statistic.  You are human, with feelings and emotions and just to get to this stage would have been difficult enough.  All too easily, guilt can consume you and you believe that because you have been the one to arrive at this decision, you are the one that is in the wrong.  Regardless of fault, the juncture in your marriage has arrived and very difficult decisions have to be made to enable you to move forward.

Careful planning and logical thinking needs to be applied to any divorce matter, as otherwise, there is every danger that you will lose all that you have built up in your marriage: your financial security, your home and perhaps your children.  Apparently, the majority of divorces applied for, take place within the second decade of your marriage – so between years 11-20.  In the majority of these cases, not only will assets have been accumulated, but businesses would have been established and most importantly, you will have children to consider as well.

Bains Cohen are specialist London divorce lawyers, that provide honest advice, tailored specifically to your needs and requirements.  At the time in your life when you feel lost and lacking control of the situation around you, let us regain control and guide you to the settlement that you rightfully deserve and not one that you have been pushed in to.

As specialist London divorce lawyers, with acute business knowledge, we apply strategic planning to each divorce matter before us.  We appreciate that your financial security is in our hands and that responsibility is taken very seriously.  We are not a routine firm of solicitors that believe that a simple compliance with the legal requirements and procedure will see you though to the end of your divorce.  It will, but where will you be at the end?  Employing a strategic approach will place you in the best position possible to ensure that you and your interests are looked after.

At Bains Cohen, we will make sure that you are always top priority and never just a statistic.

Rupinder Bains

Partner

Bains Cohen LLP 

Article for Strategic Divorces & Divorces For Men

What’s yours is mine…what’s mine is yours…

Isn’t that the old adage?

Well, in divorcing couples, the starting point is pretty close to that: 50-50.  For some of you, that may seem fair and acceptable.  But for many, it is a principle that reeks of unfairness.  Years of hard work, long hours to build up that business, allowing you to live in a lovely house, with beautiful furniture, take luxurious holidays several times a year and now your divorcing ex who has not worked a day will be entitled to half of everything?

Let me be a little more precise here – if you have young children, who will be residing mainly with the divorcing ex, a little more than 50% will be awarded!  Can make you feel a little unnerved, can’t it?

Strategic planning is vital in divorce cases.  It could make a big difference between meeting a divorcing ex’s needs or paying over the odds.

I wish I had met Kevin Fiore before his breakdown and perhaps the interpretation that he applied to the ‘equality of division’ principle would have been less literal!

Some of you may have read about Kevin in this week’s Metro (25^th July 2012), in which it was reported that he took revenge on his ex-wife, by sawing their furniture in to pieces and writing ‘Kev’s half’ on some of them.  His actions had him arrested and on Monday he received a two year Supervision Order at Stoke Crown Court for his actions which had resulted in £5,184 worth of damage to property in the family home.

Although a very real and literal approach to the equality of division principle, it’s not one that the courts will think too highly about.

Come and speak to one of the Family Lawyers here at Bains Cohen and let us formulate a strategy to help you through your divorce.  Don’t leave it too late!

Rupinder Bains

Partner

Bains Cohen LLP

Contact With Children For Divorcing Dads

Two years and eight months later and finally, we have come to an end of what I can only describe as the most heart wrenching battle for a father to see his children.

My client, in his late 40’s, a respected City banker and devoted father was being denied contact with his children.  Why?  For many years now, his marriage was falling apart.  Constant arguments, his wife berating him in public and even physical abuse.  My client began a relationship with another woman and six months in to this new relationship, decided to tell his wife about it and also, that the marriage was over.

Now, don’t get me wrong – I am not condoning extra-marital affairs at all and that is not the purpose of this article.  What followed next is the nightmare that most fathers dread.

As punishment for the affair, my client, who up until then was considered to be the perfect ‘hands on’ father (as much as he could as he worked long hours too): always at football meetings, parents meetings at school, took the kids to the cinema, was now denied all contact.

We put in an immediate application for contact and received back notification that the mother of the children feared for their safety as their father was an alcoholic and abused her on numerous occasions in front of the children.

This allegation alone was enough for the Court to take protective measures.  Despite my client’s vehement protestations of innocence, the tears of his wife were enough for the Court to err on the side of caution and stop all contact, until a full CAFCASS report had been prepared and a fact finding hearing had taken place.

Complying with all requests was not good enough – my client’s wife demanded more and more from him.  At one point, he simply wanted to pack it all in and believed that his children would come to see him of their own accord, when they were old enough.

As Family Law Specialists we fought our client’s corner – not giving up and not letting him give up.  Starting off with visiting contact, we very quickly increased this to weekend staying contact and now, I am happy to say that shared residence of his two boys has been achieved.  Now my client can rest easy, knowing that he is playing an equal role in his children’s lives.  We can fight for you: we can present your case to make sure that no avenue is left unexplored in your journey to see your kids.  Thinking outside of the box – strategically pre-empting difficulties and dealing with them, will make sure that your rights as a father are never simply pushed aside.

Rupinder Bains

Partner

Bains Cohen LLP

Big Money Divorce Cases

“Senior Judge Likens Wealthy Couple To Squabbling Children”- This was the headline to an article in last month’s Telegraph, reporting on the much publicised breakdown in the marriage of Mr and Mrs Evans – a couple whose assets were valued at over £50 million.

Mr Justice Thorpe stated that the case was almost ‘puerile’ and that someone needed to ‘come into the nursery’ and sort out their ‘nonsense’ – harsh words.

The couple in question were penniless when they married in 1985 and since this time, Mr Evans’ entrepreneurial flair brought in huge success. The family lived a luxurious, opulent lifestyle in the latter part of their marriage – all due to the new wealth that had been brought in.

Mrs Evans was awarded assets of £26 million, but her representatives have appealed this ruling and the parties are still waiting for another hearing to divide their wealth.

It may all seem like childish tantrums to some, but we at Bains Cohen appreciate the concerns that arise when divorce takes place in couples of wealth.  Often such wealth and assets are accumulated during the marriage alone and often, by one of the parties.  To simply give up such huge sums of money may not appear just or reflective of one’s hours of stress and turmoil during the marriage, especially if the breakup of the marriage is not your fault either.  In other cases, parties come in to the marriage with significant assets which need to be protected.

Bains Cohen London Family Solicitors have represented many high net worth clients and entrepreneurs and we have ensured that at each stage, their financial position was protected and looked after.

“Playing in the nursery” is something we do not do, but putting up a battle and preparing a strategic war is what we are experts at.  Divorce is not an easy experience to go through and to pretend otherwise would be a lie.  But with Bains Cohen you place yourself in the care of solicitors with technical know-how and a savvy, innovative approach.  Come and speak to us and see for yourself.

Rupinder Bains

Managing Partner

BAINS COHEN LLP