Author: Merrick Solicitors

Family lawyers praised for commitment during Covid

Posted on October 14, 2020 by Merrick Solicitors - DIVORCE

Family lawyers have been praised for their commitment to the families they serve by one of the country’s most senior legal figures.

Sir Andrew McFarlane, President of the Family Division and Head of Family Justice, said he was proud of the way that all those involved had stepped up to carry on working since the lockdown in March.

He told a conference that those working in Family Law had realised from the start they had to ‘crack on’ and deliver as much as they could in terms of justice.

He said: “There has been, from day one, a can-do mentality as people have begun to cope with a lot of this unknown and working from home.

“I genuinely think that family lawyers, all of them, can hold their heads high looking back at what they’ve achieved in the last six months.

“Family pressed ahead and achieved a surprising penetration into the volume of cases.

“We’re in a position now where some of the courts haven’t got a backlog of cases, others have but they’ve a plan for dealing with them, and people are just cracking on and getting through the work.”

Proud of Family Lawyers

Sir Andrew also revealed to the virtual audience of the Future of Family Practice Conference: “We are sitting and have sat more days in Family than ever before, despite the fact we haven’t had courtrooms. And you’ve all turned up and serviced the process in the ways you always do, to the best of your abilities.

“I am proud of the way Family has functioned in this difficult time. My gratitude to everyone who, on a daily basis, has gone the extra mile, is profound.

“It’s not just the lawyers, or the judges, it’s the court staff – it has been really difficult for them. Everyone has been in it together.”

He acknowledged that many in the profession were feeling fatigued and urged people to look after their own well-being and that of colleagues.

But he added: “We are going to carry on, carrying on, working as we are. But that comes at a price.

“It is one thing to have got through the first peak of Covid and bob up in the summer as we did and begin to have more court hearings. But then to turn the corner and find there’s another six months or more to go is very dispiriting.”

Face-to-face hearings vital

Sir Andrew said there had been benefits from the Covid lockdown, but he also stressed the return of face-to-face hearings was vital for society.

He said: “Some of the remote working has caused us to accelerate by years our ability to work digitally and I think that will stay with us.

“But I am clear that I will fight any suggestion by those responsible for funds that this is the way we should be doing Family Law for the future anyway. It is absolutely not.

“There will be a few cases, case management hearings, which will be sensibly dealt with remotely. But any hearing that involves the family engaged directly with the judge or magistrates we must get back to having those hearings face-to-face in a courtroom as soon as we can.”

Sir Andrew said the system was moving away from paper working and the digital reform programme was continuing. He said digital consent orders were being turned round in a week or so rather than four or five months which was a feature of the Divorce Centres.

Courts are also moving to a digital process for the issuing of care proceedings across the country.

March 2020? It seems a lifetime ago

Posted on September 29, 2020 by Merrick Solicitors - Merrick News

Looking back to early 2020 can seem like peering in on another life.

Days were busy, work was hectic. No sooner had one week started than it was over as we, like many others, were caught up in the minutiae of our day-to-day routines.

And then, of course, BAM. Lockdown. It all stopped.

Except it didn’t really, it couldn’t. We just had to quickly adapt – overnight in fact – to a new way of looking after our family law clients.

So, while we’ve always prided ourselves on being flexible and happy to meet clients wherever they feel most comfortable, face-to-face meetings were now out.

Thankfully we had seen the way the wind was blowing with Covid and were set up for remote working. Our electronic security was up to scratch, wi-fi speeds were good and, so long as we could find a space to put a laptop and phone, our work could continue.

Of course, back in those days, we had no idea just how long lockdown would continue – and still continues in some form for those in Greater Manchester and elsewhere.

Contacting divorcing clients and ensuring them we were able to keep on top of their affairs was paramount. Ensuring the team could talk and update on their stresses and strains was obviously also crucially important.

Pretty soon we realised we would be ok and with that bit of security our thoughts turned outwards again. Lots of people weren’t alright. Lockdown had created a new hell for those suffering in silence in abusive relationships.

Generous friends

We followed the lead of some of the great charities in this field and set up our own free phoneline. We made it as visible as we could online and on social media in the belief that if just one person in need used it and got some professional advice that would help them, then it would be worthwhile.

In the event, there were many more calls than one.

Thanks to some of our generous professional friends and colleagues we were able to make their services available as well. Lots of people wanted to do right by those who needed help in these strangest of times.

And that’s the main positive we’ve taken from the last six months. That willingness of people to do something for others. We all saw the sacrifices the NHS and other frontline workers were making, and it felt important to also play our part.

Unfortunately, all these months later and coronavirus is still with us and will be for some time.

Our city centre office has now re-opened but it currently makes sense to remain home-working as much as possible. But if clients prefer a face-to-face meeting we have a Covid-safe environment in our meeting room at The Lightwell.

And the freephone helpline – 0800 285 1413 – remains open. So please, if you know anyone who might need it, pass it on.

Divorce advice from those who’ve been through it

Posted on August 3, 2020 by Merrick Solicitors - FINANCES

As family lawyers we see every day the impact divorce can have on those involved and their loved ones. We know this time is often extremely challenging, uncertain and can be difficult to navigate for both parties.

So who better to give some practical divorce advice than those who’ve experienced it personally?

We asked divorcees what advice they would give a close friend going through a separation. Our interviewees responded within three key themes; looking after children, a positive attitude and obtaining sound legal and financial guidance.

Put children first

Those with children commonly focussed their advice around their care and well-being.

One individual called for divorcing parents not to use their children as ‘pawns’ and another suggested that minors shouldn’t be involved at all, unless completely necessary.

A response from another parent focussed entirely on the children in the divorce scenario, saying:

“Divorce is a painful experience for everyone involved. It can be made difficult if resentment towards a partner is expressed through the children.”

Divorce advice is also given about shared custody of children, with one parent reminding readers:

“If a mother or father was an acceptable parent before the divorce, they surely remain one during and after, so the family should be able to coexist on a mutually shared basis. This allows both parents to share children happily, leading to balanced, nurtured and contented kids. Enforced absence can feel like a bereavement for all involved.”

All of the comments obtained from those with children voiced the opinion that minors should be the priority throughout.

Stay positive

Another response focussed on getting through the tough process with a positive mindset, saying:

“Nobody wants to be in that situation, but remember that it has happened for a reason and it will come to an end and you will be happier.”

The advice suggests those going through separation take it a day at a time. Try not to be too hard on yourself as guilt can trip you up in the long run. Multiple responses expressed the importance of finding a confidante to talk to about the process:

“You will be amazed at how many people will relate and support you.”

One interviewee suggested a short cooling off period before entering into negotiations and many felt it important that both parties remain as civil as possible. Overall, there is a resounding focus on maintaining as positive an attitude as possible.

Get advice from a professional

When it comes to legal and financial decisions, many specified the importance of getting professional help as soon as possible.

Feedback with specific guidance for those with immigration status suggested looking into getting support from international legal services.

Recommendations are also made for any domestic abuse issues to be reported to the police and social services, as this can be crucial further down the line.

Many people stressed the importance of keeping a cool head, saying:

“Think things through, don’t make rash decisions” and “try to stay calm during negotiations”.

Other responders talked about the need to remain as sensible and practical as possible, by being organised with your finances and informed about your position.

Overall the advice we gathered covers a few key areas of divorce, but each comment stressed the importance of making informed decisions. Here at Merrick we aim to be the pillar of experienced support that you can look to for honest advice.

Thank you to those who took the trouble to speak to us so honestly.

We also spoke with one mum in detail about the help she needed during divorce.

‘No-fault’ divorce law passed – but not here yet

Posted on July 27, 2020 by Merrick Solicitors - FINANCES

Separating couples wanting to take advantage of the changes brought by ‘no-fault’ divorce will have to wait some time yet.

Supporters say ‘no-fault’ divorce will reduce conflict. Neither party will have to point the finger blaming the other for the breakdown of the marriage. It is hoped this will allow couples to focus on any children and financial issues.

The Divorce, Dissolution and Separation Bill successfully made its way through Parliament and received Royal Assent in June.

But, even so, Lord Chancellor Robert Buckland said the reforms will not come into force straight away as ‘time needs to be allowed for careful implementation’.

He added at this stage, that meant working towards an autumn 2021 implementation.

So, in the meantime, the current law remains in place.

What will the changes mean?

The new law will allow couples to divorce when either one or both parties provide a sworn statement that the marriage has broken down irretrievably. The statement will then be followed by a minimum period of six months before the divorce can be finalised.

The law will:

Remove the need to prove adultery, unreasonable behaviour, desertion, two years separation (if the other party consents to a divorce) or five years separation (where there is no consent). Hence, ‘no-fault’ divorce.
Remove the possibility of one of the couple contesting the divorce.
Ensure language is in plain English, such as replacing ‘decree nisi’ with conditional order and ‘decree absolute’ with final order.

Is it worth waiting for the law to change before getting divorced?

There is no firm date for the law change to come into effect. The Lord Chancellor described autumn 2021 as an ‘indicative timetable of introduction’.

It would be unwise to bet the house on it being in place in roughly 15 months’ time. This is the biggest shake-up of our divorce laws in 50 years and there are considerable administrative changes that will need to take place.

If you do want to hold on, perhaps to avoid having to attribute blame in the hope of limiting potential conflict with a partner, then you must be prepared to wait. But there is the risk that delay will have implications for issues such as your finances or the arrangements for any children.

If you need advice before then, please call our freephone helpline 0800 285 1413 or email info@merrick-solicitors.com. We’re good at talking family law.

We’ve previously written about the incoming law – No fault? Not always

Posted on July 8, 2020 by Merrick Solicitors - Merrick News

We’ve been bowled over by the response to the free helpline we launched during lockdown.

So, we’ve invited five different specialists to join us on the phones next week to answer your queries.

Got an employment law problem? Need some advice with a nagging health issue? We’ve got expert advice on all this and more plus, of course, invaluable family law support

The full line up of experts for the week commencing July 13th is below.

The helpline – 0800 285 1413 – is available seven days a week from 8am to 8pm to provide expertise and support.

Many thanks to all the professionals who have freely given their time to help support this initiative. If you want to know more about them we’ll be posting links and articles during the week on our social media accounts.

Family relationships are under pressure like never before – and we still want to do all we can to help. So alongside our guest experts, Merrick will be available to offer confidential legal advice on divorce, separation, children and other relationship issues, including domestic abuse.

Single parents will benefit from support bubbles

Posted on June 11, 2020 by Merrick Solicitors - RELATIONSHIPS

Single parents will be among those given further freedom from lockdown by the Government’s latest easing of restrictions.

Boris Johnson announced that from Saturday (June 13), single adult households – adults living alone or single parents with children under-18 – will be able to form a ‘support bubble’ with one other household.

Those in a support bubble can act as though they live in the same household. They do not have to stay two metres apart and can be together inside each other’s homes, even staying overnight.

For single parents with young children it means they could partner up with grandparents. This would allow the three generations to spend time together indoors for the first time since March.

It will also reunite those in relationships that have had to stay apart because of the previous, stricter lockdown conditions.

Support bubbles must be exclusive

Mr Johnson stressed that support bubbles had to be exclusive; individuals cannot switch the household they are in a bubble with or connect with multiple households.

One exemption to the exclusivity rule is for parents who are separated. They can continue to move children between households, so the children of separated parents could potentially be in two separate support bubbles – one for each parent.

If any member of the support bubble develops coronavirus symptoms, all its members will need to follow the normal advice on household isolation.

The relaxation does not apply to the estimated two million people in England shielding from coronavirus because they are most at risk of infection.

Lockdown strain

The move is recognition of the huge strain that lockdown restrictions have placed on family life, particularly for the estimated eight million adults who live alone.

There were 2.9 million UK lone parent families in 2019. And the number of people living alone has increased by a fifth over the last 20 years. This has been driven mainly by increases in men aged 45 to 64 living alone.

The relaxation will throw up anomalies. For instance, children who are living with a single parent can meet, stay with and hug a set of grandparents. However, children living with both parents can only do the same with a grandparent who is living alone. But the Prime Minister said the scientific advice was still to restrict large numbers of people coming together.

Mr Johnson said: “There are still too many people, particularly those who live by themselves, who are lonely and struggling with being unable to see friends and family.”

June 11, 2020

Merrick launches free lockdown helpline

Posted on April 29, 2020 by Merrick Solicitors - Merrick News

Family relationships are under pressure like never before during the coronavirus lockdown – and we want to do all we can to help.
We’ve launched a free family law helpline – 0800 285 1413 – offering confidential legal advice on divorce, separation, children and other relationship issues, including domestic abuse.
Our team are now on hand seven days a week from 8am to 8pm to provide their expertise and support.

Soap’s coercive control storyline unfortunately realistic

Posted on April 28, 2020 by Merrick Solicitors - FINANCES

Coronation Street fans are witnessing one of the soap’s most disturbing storylines heading to a violent climax.

Viewers have been left horrified by character Geoff Metcalfe’s increasingly controlling behaviour of wife Yasmeen. The programme’s hard-hitting coercive control storyline peaks this week when Geoff attacks Yasmeen with a knife after starving her and forcing her to wear a prostitute’s clothes.

Unfortunately, the domestic abuse is realistic. The situations portrayed will be frighteningly familiar to many women and men who have suffered in similar toxic relationships.

Coronation Street producers worked with charities Women’s Aid and Independent Choices Greater Manchester on the best ways to portray the abuse.

Abuse doesn’t have to be physical

Explaining how the storyline would unfold, producer Iain Macleod said: “It’s common for people to think abusive behaviour has to be physical. But you can damage someone profoundly without laying a finger on them.

“Many thousands of people feel trapped in relationships with someone who claims to love them but who is actually taking them apart piece by piece, isolating them from friends and family and locking them in an invisible prison of fear and insecurity.”

Yasmeen has been increasingly under her manipulative partner’s control for more than a year.

She was forced to throw away all her clothes and spend endless hours cleaning the house. Since then, the bullying has ramped up. Viewers have seen Geoff abusing his wife, controlling what she eats, the money she spends and who she sees.

Teresa Parker, of Women’s Aid, said: “Coercive control underpins almost all abusive relationships. Geoff has established himself at the centre of Yasmeen’s life, and manipulated her in so many ways, controlling what she can and can’t do.

“She is doubting her own judgement and memories. Gradually we are seeing the long-term effects of living with an abusive partner, as she sees less of her family and friends and becomes increasingly isolated.”

Coercive control became a crime in 2015 and offenders can face up to five years in prison. Signs of coercive control include:

Isolating a partner from family and friends
Monitoring daily life and how time is spent
Controlling how money is spent
Controlling behaviour, dress and habits
Humiliating, degrading or dehumanising comments or actions
Making threats or intimidating remarks

Clare’s Law

The Coronation Street team has been keen to show some of the tools available for the abused to fight back.

Prompted by concerned family, Yasmeen asked the police for information about Geoff’s criminal past via Clare’s Law.

Under this scheme anyone can ask the police to check whether a new or existing partner has a violent past. Clare’s Law – or the Domestic Violence Disclosure Scheme is named after Clare Wood, who was murdered in 2009 by her ex-boyfriend who had a history of violence against women.

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The coercive control storyline comes to a head as the UK remains on lockdown meaning many real-life sufferers are effectively trapped with violent or controlling partners.

Free helpines

According to charity Refuge, National Domestic Abuse Helpline calls and online requests for help were 49% higher than normal after three weeks of lockdown.

Staying home is essential to prevent coronavirus spreading, said MP Yvette Cooper. However, “for some people home isn’t safe” and “urgent action” was needed to protect them.

The Government had already stressed that lockdown restrictions on travel did not include those who needed to make themselves safe from domestic abuse. And it was announced this week that any woman who needs to seek refuge can do so for free on any UK train. The cost of the ticket will be covered by the relevant rail operator.

The National Domestic Abuse Helpline can be contacted free, and in confidence, 24 hours a day on 0808 2000 247.

Merrick has also launched a free phoneline – 0800 285 1413 – offering confidential legal advice on domestic abuse, divorce, separation, children and other relationship issues.
Our team is on hand seven days a week from 8am to 8pm to provide expertise and support. If it is difficult to call because of the lockdown you can send us a private message via social media or email info@merrick-solicitors.com.

The female stars of Coronation Street recorded a video highlighting the help available to domestic abuse victims during the lockdown.

The video encourages those at risk to keep a mobile phone with them at all times. Anyone needing help, but fearful an abuser may hear them calling, can dial 999 and press 55. This will let police know they need assistance.

Working to help you during lockdown

Posted on April 22, 2020 by Merrick Solicitors - Merrick News

With the UK in lockdown until at least May 7, the next few weeks are going to be difficult for many in relationships further strained by the coronavirus pandemic. But for those divorcing during lockdown or who need advice or support we are working to help you.

Lawyers, like many others, have had to adapt quickly to a new landscape. We’re working from home safely and securely and remain in regular contact with those we represent.

Whilst we are currently unable to meet clients face-to-face, we are taking instructions by email; we’ve sorted the best camera angles for video conferencing and there is always the good old telephone!

We will do whatever works best for you.

The Family Court in England and Wales is still open as access to justice remains an ‘essential service’.

Divorcing during lockdown

Telephone and video hearings have come to the fore. Face-to-face hearings are only being held in exceptional circumstances. And while, like most organisations, courts have been hit by the spread of the virus and staff taking the necessary steps to shield or self-isolate, they are still very much open for business.

The pandemic has hit the economy hard, affecting many people’s employment, pensions, investments and overall financial stability.

Undoubtedly anyone in the midst of proceedings should think hard about how the current situation affects them, not only now but also in the longer term.

In some cases, delay is the only option but here at Merrick we remain solution-focused. If there’s a way to achieve the closure you want, be reassured we will do our best to find it.

An alternative dispute resolution service, such as mediation, can allow for more flexible outcomes and parties are being actively encouraged to pursue this forum in order to avoid current delays in the court process. It is, however, important to first ensure your case is suitable and that you enter any such process fully advised as to outcomes.

divorce during lockdown: a mediator may help

Divorcing during lockdown: Mediation may help separating couples avoid delays currently in the court process

Any existing shared care arrangements should be maintained where possible. But, if both parents are now at home, consider also the benefits of a revised arrangement which allows you to share more equally the task of home-schooling!

Stay safe

It is a sad fact that domestic violence is an increased risk because of the lockdown. The need for families to spend prolonged amounts of time in close quarters, coupled with the financial and social pressures, mean additional anxieties for some.

The most important thing is to keep yourself and any children safe. If you are concerned for your physical or mental well-being, then please do seek help as soon as possible.

The Government has stressed the instruction to stay at home does not apply if you need to escape domestic abuse.

Refuge runs the National Domestic Abuse Helpline. You can call for free, and in confidence, 24 hours a day on 0808 2000 247.

Our phoneline 0161 505 1850 continues to be answered from 8am – 8pm, Monday to Friday. If it is difficult to call because of the lockdown you can send us a private message via social media or email info@merrick-solicitors.com.

We are working to help you.

We’ve written previously about the children of separated parents during lockdown.