IS MARRIAGE BETTER FOR KIDS THAN UNDEFENDED DIVORCE?

an experienced and respected family court judge, sir paul coleridge, has recently launched the marriage foundation. it is effectively a lobbying group whose purpose is to champion marriage as the most stable form of relationship, and therefore the best vehicle for raising children. there can be little dispute that children thrive best when their parents are in a loving and permanent relationship. it is also very arguable that the institution of marriage, with its public declaration of commitment and legal consequences, gives kids the best chance of a good start in life. so far so good, but sir paul’s move is potentially controversial.
firstly, there are constitutional issues around a family court judge involving himself in policy making in this area of law, but rightly or wrongly i don’t find myself too concerned about this point. a more important question for me is how the foundation intends to achieve its stated goals. obviously i would be in favour of ensuring that the only people who get married and produce children are the ones who will stay together, but how on earth do you reach this worthy goal? there may be some ways of educating individuals at the entry point before marriage, but achieving this seems pretty tricky to me.
i suspect the temptation will always be to construct barriers at the exit point, in other words to make it more difficult for couples to get divorced. i have a problem with this immediately, since it is hard to see how it benefits children to lock their parents into miserable warring marriages. furthermore, adults have to be allowed to control their own lives without excessive interference from the state.
i am particularly concerned by the judge’s comment that the initial impetus to support the foundation should come from family lawyers on the basis that we have made our living from family breakdown for decades, as if this is somehow immoral. i am certain that it is the job of a lawyer to strive to achieve the legitimate objectives of the client, whatever they may be. i am very uncomfortable with any suggestion that a family lawyer should seek to persuade his/her particular client not to get divorced on some wider social policy ground. that cannot be the correct role of a solicitor or barrister in the family justice system.
www.justdivorce.co.uk seeks to simplify and make more accessible the uncontested divorce process for those couples who have agreed together that they wish to divorce. it thereby plays an important role in the family justice system and society in general.

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TILL DEATH OR UNCONTESTED DIVORCE US DO PART

sir paul coleridge, a respected and experienced high court judge, recently announced plans to launch a marriage foundation seeking to bolster the institution of marriage by lobbying for marriage friendly government policies and holding seminars, meeting etcs. this may be a good idea, but i felt uncomfortable about some of the quotes in the telegraph article describing the plans. sir paul urged people to recycle their rubbish rather than their partners, and apparently stated that family breakdown is the” scourge” of society. i realise that press releases need to grab their share of media attention with sound bites like these, but the danger of over-simplification is ever present. i guess sir paul is used to dealing with big money cases in the high court, where parties are represented by magic circle lawyers on huge hourly rates, and good luck to them. however, the average legal aid lawyer slogging away at the coal face for low rewards could be mildly irritated by his claim that the legal profession has made a fortune from family breakdown and now should put something in.
interestingly, another piece in the same paper reported the views of unmarried couples living together. most of them indicated a wish to marry at some point in the future, if they met the right one. however many of them were put off the idea of marriage by fear of the hassle, emotional upheaval and cost involved if they got divorced. experts said the findings indicated that respect for the institution of marriage has not died out, despite the declining number of marriages taking place.
after 33 years as a family lawyer i still struggle to have firm views on these issues. it must be right that ideally children should be born into stable, loving family units. but do their parents have to be married to achieve this, and should parents stay married even if the relationship has broken down? my worry is always that relationships may be too complex and varied to apply a “marriage fits all” rule. i also fear that children can suffer even more if they are raised in a miserable home by warring parents who would be better off accepting reality and going their separate ways.
in the absence of conclusive evidence either way, we at www.justdivorce.co.uk will continue to offer efficient undefended divorce services at fixed affordable prices for those who want them. does that undermine the institution of marriage?

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UNDEFENDED DIVORCE STATS BUCK THE TREND – OR DO THEY?

official figures recently released illustrate the truism that there are lies, damn lies, and statistics. a headline in the evening standard last week gleefully trumpeted “till debt do us part:divorce rate increases in recession”. reporting on the same information, a piece in the telegraph claimed that the divorce rate appears to be finally starting to drop! in fact both reports are correct in their own way.
the true position is that there were 113,949 divorces in england and wales in 2009, the lowest recorded figure since 1974. 1 – 0 to the telegraph, you might think. however, this bare information does not reflect the fact that the marriage rate is also declining, with married couples now making up less than half the population. it also fails to take account of later stats for some reason, which confirm that there were 119,589 divorces in 2010 – hence the 5% increase in numbers reported by the standard.
the overall pattern has shown a steady decline in the number of marriages since the 1970s, as more and more couples choose to cohabit outside marriaage in committed relationships, often buying a home together and having children. this makes all the more puzzling the government’s recent decision not to implement badly needed reforms in cohabitation law recommended by the law commission.
finally, i note that the most common age at which people get divorced has risen dramatically, from 35 in 1971 to 53 in 2010. well i am 56 next week, so the wife can rest easy.
regardless of the trends and statistics, www.justdivorce.co.uk will continue to offer professional, online undefended divorce services at competitive prices, as we have done for over 10 years to many satisfied clients.

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WANT TO MAKE A BUCK ON UNDEFENDED DIVORCE?

there was a lot of publicity over the last 12 months about a big money divorce case called radmacher and granatino, which involved a pre-nuptial agreement – always a juicy story for the press. the case generated even more headlines recently, but this time about the solicitor who acted for the wife. the sunday times breathlessly revealed that this lawyer paid a referral fee amounting to an eye-watering £100,000 to one of her existing divorce clients to persuade her to introduce katrin radamacher as a new client to her firm.
ok ok, the case did involve very substantial wealth, high profile barristers and potentially ground breaking law relating to pre-marriage agreements, i grant you that. but just think what the overall legal bill for karen radmacher must have been if it was worthwhile for her solicitor to pay £100,000 just to get the case in the first place! at present, paying referral fees to get work is not illegal, and in fact is very common in some areas of law such as personal injury and conveyancing. however the cost of the referral fee cannot be charged to the client. the justice minister ken clarke is currently pushing more hasty legislation through parliament which will ban referral fees in various areas of law, although the subject generates strong views both for and against.
on a separate note, what do we make of someone who is willing to pocket a hundred grand for referring their mate to a lawyer? i am trying to get self-righteously indignant about it, but in truth what’s the harm if the lawyer is actually good and everyone involved knows what is going on?
anyway, here in the real world at www.justdivorce.co.uk we continue to offer online undefended divorce services at transparent fixed prices from £269.00. thinking about it, if you can refer a client to us i may be willing to pay you a referral fee of £2.69p. terms and conditions apply.

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THE BIG BANG AND OTHER DIVORCE THEORIES

with delicious timing the telegraph recently ran an article detailing how baroness shackleton, “britain’s most famous divorce lawyer”, charged her high profile clients such as paul mccartney and madonna at more than her hourly charging rate – that hourly rate being £550! the piece claimed that ms shackleton charged hundreds of thousands of pounds more than her hourly rate would have produced, by applying the practise of “marking up”. the journalists seemed to assume that marking up is some form of satanic ritual, and gleefully reported that ms shackleton’s firm was subject to an official investigation as a result.
we do of course live in a free market economy, and fiona shackleton is only able to charge such breathtaking fees because there are people who are willing to pay them. it is also a total misconception that all lawyers are fat cats earning six figure salaries. for every million-a-year partner in a city law firm there are 10 legal aid lawyers slogging away on less than 25 grand. what does concern me however is how families in most “normal” divorce cases can afford the legal fees involved, which can easily be over £15,000 on each side if there is a court case to sort out the finances. it’s true that hourly charging rates are understandably unpopular with the general public, because they don’t know how much the final bill come to. lawyers counter this by saying that they don’t how much work will be involved until the case is finished.
well, a bomb was put under the legal profession today, as new rules came into force which allow ownership of law firms by non lawyers, often referred to as “tesco law”. large companies with rock solid brands, sophisticated management and huge reach such as the co-op and the AA have already demonstrated a clear determination to grab a substantial share of the legal market, and i believe that they will definitely succeed. this will result in a massive shake up of the over-fragmented legal profession, which will not be such a bad thing for anyone, including lawyers. i think that the freedom to charge for work on hourly rates will be severely challenged, and that lawyers will have to be much more flexible about how they charge for their services.
i am proud that at www.justdivorce.co.uk we have already been providing clients with a range of fixed transparent fees for undefended divorce and related services such as financial clean break order service for many years. for more information visit www.justdivorce.co.uk/undefended-divorce.

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LIGHTS! CAMERA! CROSS-EXAMINATION!

on 6th september 2011 the justice minister kenneth clark announced his decision to extend the ability of the media to broadcast court proceedings, to improve transparency in the legal system. it’s often forgotten that cameras are already allowed into the supreme court, the highest court in the land. mr clark now intends to allow broadcasters to screen footage of judgements in the court of appeal, and later the crown courts. critics have warned that this move may provide a public platform for “eccentric” or self publicising lawyers, and later for defendants themselves if actual trials are also televised.
i for one am always concerned by those losing lawyers standing before the cameras outside court to announce that the judge got it wrong and that their client will be appealing “this outrageous miscarriage of justice”. these solicitors should remind themseves that they are officers of the court, who should not undermine the court’s authority in the apparent belief that it may help their client’s cause.
many people will instinctively think of the media circus which was the o j simpson trial, with all its lurid detail and show bizz behaviour from people who should have known better. it would certainly be a shame to go down that route. on the other hand, the prospect of having parliamentary business on the box was very controversial when it was introduced, but footage from the house of commons is now a routine part of the evening news. it still seems true that where the states goes we follow, and so presumably it’s only a matter of time before we have widespread tv coverage of the juicier trials taking place in the criminal courts, for better or worse.
family law is of course an area ripe for media interest. imagine how many replays you would have seen of heather mccartney mills pouring a jug of water over paul mccartney’s lawyer’s big hair at the end of their bitter divorce case – it would have been worse than match of the day! however it’s more difficult to justify media coverage of many family cases, because of the personal nature of the issues involved. in particular, the interests of children almost invariably trump the right of the 4th estate to sensationalise and mis-report cases to sell papers.
as many rich and publicity shy couples are increasingly realising, the best way of getting divorced is to do it amicably, and this applies equally to mere mortals. the undefended divorce service offered by www.justdivorce.co.uk enables couples who want to get divorced to do so quickly without having to go to court at any stage, for a transparent fixed cost. no headlines in that!
for more information visit www.justdivorce.co.uk/undefended-divorce.

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UNDEFENDED DIVORCE – EASIER THAN LEARNING TO DRIVE?

what i don’t love about politicians is that they love cheap sound bites, without seeming to care too much about the collateral damage such remarks often cause. what the press loves about politicians is that politicians love cheap sound bites, especially those politicians who love being in the press. this media love-fest often serves to over-simplify complicated and important issues, a classic example being the law in general, and family law in particular.
i had the misfortune to pick up the daily mail last week, as always because there was nothing else to read – it beautifully encapsulates everything i dislike about our great country. i skimmed hastily over the obligatory pieces about how foreigners are taking all our jobs and how the welfare system encourages people not to work. i then came across another classic daily mail article entitled “divorce easier than getting a driving licence says top judge”. the judge in question was sir paul coleridge, who is indeed a highly experienced and respected family division high court judge, who for example presided over paul mccartney’s infamous divorce from heather mccartney mills.
the thrust of the judge’s views seemed to be that divorce has been made too easy, and that the consequent breakdown of the family is responsible for youth crime, child abuse, drug addiction, binge drinking, truanting and bad behaviour in schools. if that is true, then justdivorce.co.uk stands guilty as charged, since it’s whole purpose is to make uncontested divorce easier and simpler for those couples who have freely chosen that option.
sir paul goes on to claim that parents are far more likely to stay together until their children’s 16th birthday if they are married. the article didn’t seem to reach any firm conclusions, although the judge did propose that there should be a reasonable debate to decide what needs to be done. the piece also confides that sir paul is from an aristocratic family, which rather uncomfortably supports a typical preconception of judges tending to be out of touch with the common man and woman, if there is such a thing.
my worry is that the only alternative to making divorce easier is presumably to make divorce harder. it seems to me that you then run the risk of trapping people in unhappy marriages, which can be equally damaging for the parties and their children. by all means let’s have a serious debate, but it’s very important to avoid jumping to conclusions and to acknowledge the complexity of the issues. there isn’t a single blueprint that applies to all families. i’m not convinced that most politicians are very well equipped for this task, nor that they have a genuine desire to grasp this particularly spikey thorn – look at how many law commission reports are quietly gathering dust.
in the meantime it’s the job of the lawyers to apply the law as it is now, in their clients’ best interests. justdivorce.co.uk will go on doing so, and i am proud of the level of services that we provide. for more information visit www.justdivorce.co.uk.

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FANCY A PINEAPPLE AND AN UNCONTESTED DIVORCE?

a big shakeup is coming for the legal world, and about time too you might say. as from october 2011, non lawyers will be able to own a stake in a law firm for the first time. up until recently a firm of solicitors could only be owned by some of the lawyers working in the business, known as the partners. in my view this led to a culture of poor management in the legal industry, as those who made partnership tended to be the star fee-earners rather than the best managers and business brains.
add to the mix the fact that the legal market place is presently very fragmented, with lots of small firms around who often rely on the dwindling loyalty of a handful of good clients or people who send them work. then blend in the reality that many law firms are general practises which cannot offer any particular area of specialisation. next, season with the recognition that the legal industry can be old fashioned and cautious, and slow for example to take advantage of developments in technology and the internet.
finally, vigourously stir the toxic brew by noting that some major high street players such as the co-op and the AA are seriously committed to challenging solictors for a big slice of the work which has traditionally been meat and drink for law firms, such as conveyancing, will writing, and family law work. the result – a barbeque if not a meltdown! i believe that the legal market place will change very dramatically over the next 5 years, and that by the end of this decade many legal services will be delivered to the public very differently to the way it is done now.
unlike many lawyers, i don’t think this is a bad thing. some solicitors claim that preparing a will is not like buying a tin of baked beans, but this is missing the point as well as being patronising to the big supermarkets, who are highly sophicticated outfits. the fundamental issue is that the major high street brands are already very well placed to deliver certain legal services very effectively, and at extremely competitive prices. this process is often referred to commoditised legal services, or tesco law, but it is less likely to succeed where specialist advice is needed in relation to complex issues. law firms therefore urgently need to recognise the huge changes that are brewing, and develop a clear vision of how they are going to respond to the challenges ahead by focussing on client needs and expectations.
we hope that we have already begun that process here. one of our clients may need expert advice in relation to financial claims on divorce, perhaps because there is a business that needs to be valued, or there are several properties involved. if so, we can provide very experienced expert advice from specialist solicitors at josiah-lake gardiner llp.
another client may just want a simple divorce by agreement, where the parties have been separated for 2 years, there are no children, and no financial issues arising – a case tailor made for the fixed fee online services provided by www.justdivorce.co.uk. all bases covered!
for more details about our online undefended divorce services visit www.justdivorce.co.uk. for informaion about our specialist bespoke family law advice visit www.josiah-lakegardiner.com.

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WE HAVE WAYS OF MAKING YOU MEDIATE!

on 6th april 2011 new procedures and court forms affecting family law cases came into force, marking the first major overhaul for 20 years. one of the most significant consequences of these changes relates to mediation, which is a process where the parties jointly appoint their own mediator who tries to help them reach a settlement outside the court process. if successful, this can save a lot of legal costs and avoid acrimony and delay. even more importantly, the parties are much more likely to uphold an agreement they have reached themselves, rather than an outcome which has been imposed on them by a judge after a contested court hearing.

all decent family lawyers have been aware of the potential benefits of mediation for many years, and  routinely explain this option for clients to explore. however, the success of mediation partly depends on the fact that it is a voluntary process. it is very important for there to be a level playing field, and that one of the parties does not have a dominant position which he or she might try to exploit.

not surprisingly, politicians have leapt upon mediation as a possible way of  curbing the legal aid budget by cutting down the number of cases that actually get to court, and therefore that require legal aid representation. the new family procedure rules now require the parties in most family cases and the judges involved to consider the possibility of mediation at every stage of the process. if mediation has not been tried then a new court form has to be completed, explaining why.

this is probably acceptable at present, as parties should consider the possible benefits of mediation even if they are reluctant to do so. the danger is that cost-cutting politicians may be tempted to go one stage further and make mediation compulsory for all family law cases, subject to limited exceptions such as domestic violence. requirements of this nature already exist in relation to people who want to apply for legal aid. however, introducing compulsory mediation for all family law cases would override the views of a great many mediators, who firmly believe that mediation must be a voluntary process if it is to succeed. we shall have to wait and see how it all unfolds.

fortunately these issues do not affect the clients of www.justdivorce.co.uk. there are various reasons allowed for not going to mediation, and one of these is that everything is agreed between the parties. our online undefended divorce and financial clean break order services both depend upon the full cooperation of the other spouse, so we can tick all the mediation boxes! for more information please visit http://www.justdivorce.co.uk/undefended-divorce

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WHEN WILLIAM MET KATE (OR IS IT CATHERINE?)

and so life begins to settle back to normal after the lovely double whammy of a late easter followed by the second long weekend to celebrate the royal wedding. it was a great break from work, and so for that reason alone we can be grateful to the royal couple. i must confess to being something of a republican myself, and so i am not a big fan of the windsors or royalty in general. i had vague plans to escape the inevitable wall to wall media  coverage, but my daughter insisted that we should be part of history in the making. as a result we ended up in hyde park watching the ceremony on the big screens with about 100,000 others.

it did strike me that we brits are a warlike lot, given the fly past by a bomber plane plus 2 fighters, and that most of the men were in military uniform. however the wedding seemed to go off very well, and ticked all the right boxes for pomp, ceremony, organisation, national spirit etc. beyond that it did seem clear that william and kate are a decent and well meaning couple who have a clear sense of their place in society and a genuine desire to do the right thing.  they also seem to love each other. i wish them every happiness.

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