Pennsylvania Family Law Blog

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A discussion of family law issues, published by Mark E. Jakubik

Texas Court Rules Gay Couple Can Divorce

A surprise court ruling from last week has heated up the gay-marriage debate in the state of Texas. A Dallas judge has permitted a gay couple, who had married in another state, to get a divorce even though Texas has banned gay marriage.

Judge Tena Callahan of the Family District Court ruled in favor of the divorce on October 1, reasoning that the ban violated the 14th Amendment of the U.S. Constitution, the right to equal protection. While gay-rights advocates have applauded the decision, opponents are disparaging the ruling.The two men, known in the media only as J.B. and H.B., married in Cambridge, Massachusetts in 2006 and moved to Dallas after one spouse’s company transferred him there in 2007. They decided to divorce last January, but found they could only do so in Texas, since Massachusetts only grants divorces to couples living in the state.

“It’s not fair to make them uproot their lives, move back to another state, wait a year, and then file for divorce,” the couple’s divorce lawyer, Peter A. Schulte, told the New York Times after the ruling.J.B., meanwhile, viewed the decision less in terms of its legal and social ramifications than in a personal way. “Some have called for this to be a day of victory or a cause for celebration. It is actually a day of great personal sadness, as a chapter to my life ends,” he said in a press statement by way of his divorce attorney. “This is the common ground on which I stand with any person who has faced the end of their marriage.”

But Texas Attorney General Greg Abbott plans to appeal Callahan’s decision. Abbott was successful in blocking a civil dissolution of a gay union in 2003.

And the state’s governor, Rick Perry, supports Abbott’s position. “Texas voters and lawmakers have repeatedly affirmed the view that marriage is defined as between one man and one woman,” Governor Perry said in a statement. “I believe the ruling is flawed and should be appealed… Traditional marriage will be upheld in our state.”

Jon Nelson, a gay-rights spokesperson in Fort Worth, told the Fort Worth Star-Telegram, “It’s a breath of fresh air that some jurist had enough courage to see discrimination for what it is.”

Currently, the only U.S. states that recognize gay marriage are Massachusetts, Connecticut, Vermont, and Iowa. New Hampshire will follow suit and legalize gay marriage in January.

Source: DivorceMag.com

Filed under: Divorce, same sex issues

Some Practical Advice About Money

There are two reasons family law will always be a busy area of practice.  The reasons are that there are two subjects we do not teach in school: conflict resolution and money management.  If people could manage their money or the conflict in their lives, the divorce business would be in for a major downturn.

Practical financial advice is hard to come by.  And we say this with some authority because we have been looking for professionals who understand household finance.  Yes, there are thousands of publications out there that will tell you how to ladder certificates of deposit or dollar cost average your way into index funds.  But, how much you spend on a car or an apartment often determines whether you have any money to invest at all.

Ironically, we found some sensible and practical advice in the September, 2009 issue of Glamour Magazine. No kidding.  Wedged in between Jessica Simpson’s views on men and three flat belly secrets we found an article by Sophia Banay supported by a woman named Galia Gichon who founded something called “Down to Earth Finance.”  The magazine is worth buying for all of the advice but the segment we particularly liked was the part discussing how to budget a $50,000 income.  Gichon breaks down expenses into four categories. She takes the budget and converts to monthly income of about $4150.  She appears to allow for income taxes although that number is not discussed.  But her breakdown is divided between:

Fixed expenses that don’t change monthly                         $1665 a month

Discretionary living expenses                                             $830-970 a month

Retirement savings                                                            $417 a month minimum

General Savings                                                                 $140-280 a month

Gichon comments that fixed expenses including rent, utilities and car payments should not consume more than 60% of your net income (gross income less income taxes).  She suggests that rent or mortgage payments should not exceed half of the fixed expense budget, although this can be a tough assignment in many urban parts of this country. But if that is where life takes you, the answer may be that you don’t drive the same car or limit your discretionary expenses.

Obviously, it is also possible to forego general savings, especially in a world where you are already saving for retirement.  The article suggests that discretionary expenses be limited to 30% of net pay.  This is where the weak tend to falter at the altar of clothing stores, restaurants and Starbucks.  Another contributor to the article, Maria Bartiromo of Closing Bell on CNBC sagely offers that you allow yourself a day before making any major discretionary purchase.  Time afford perspective and you may actually discover that television is almost as enjoyable on the 30 inch flat screen even though the 42 inch beckons.

The article also addresses the subject of debt.  In the past the standard advice is that you need to save three to six months income to cover you for the “rainy day” of illness or unemployment.  Today, consumer credit may fill in the gap, but we are finding that many people are already using their cards to fund expenses they can’t afford long before the rain day ever comes.  These are folks who simply cannot survive if a crisis emerges because they are already deep in high rate debt.

The goal is to budget but before you can intelligently budget you must first be thoroughly familiar with what you bring home and what you currently spend.  It is not a pretty task but people who want to have money when they stop working had better address the question sooner rather than later no matter what their marital status.

Source for post: Pennsylvania Family Law

Filed under: Families, Finances, General Family Law, Marriage

Coming Back Soon

I’ve been on a very long hiatus from posting here – my apologies. There will be much new content coming very soon. Thanks for reading!

Filed under: Administrative Stuff, Blogging

Recession and Divorce

With the recession hitting us hard and jobless rates up it has caused the divorce rate to increase. We all know that the economy is struggling and there are more pressures out there on each of us personally. How does this affect your marriage? I am sure you’re already feeling it, financially and emotionally. If your not then maybe you should prepare for it, finances are one of the number one reasons that couples get divorced or break up. With the added pressures of cut backs, foreclosures and other signs of recession it is bound to affect everyone somewhere in their lives and families. Let’s see if we can figure out some solutions that may help you and your relationship sail through this a little less tattered.

When the country is struggling to find a way to bail out businesses, cut costs and take care of it’s people, no matter how hard they try, they are going to loose some of them along the way. Jobs get cut, people get offended and they feel lost in a sea of millions. They start to feel like no one is hearing their woes and that they’re alone in this fight. They start to feel singled out, worthless and almost martyred sometimes. They start to take it personally. This is usually the first stone in the wall that gets built between them and a loved one who truly cares about what they’re going through. Overtime, without any help, they slowly add stones to this wall until eventually it’s so high they can’t see over it. Can’t see what is on the other side, their significant other has disappeared in their eyes. They stop talking and communicating because they no longer feel that anyone will understand their plight. One spouse is feeling alone and the other starts to feel left out and neglected. It isn’t that one spouse doesn’t want to help the other, it’s that they aren’t working together to fix it anymore.

How can you fix this or stop it from happening in your marriage? You would think that would be a simple, “don’t do it” answer but it’s not. Trying to help someone who is building a wall without you can be very difficult. It takes a lot of work and it is steady work, not just a quick fix. It takes sitting down to take on this fight together. You have to remove every stone as it is laid. It takes communication and reassurance. You have to realize that you are in this together; no matter if one of you feels like they are alone or not. Let your spouse know that this situation is happening to both of you, not just one of you. Let them know that you are feeling what they are, what happens to them effects you too. I know this is a time when you don’t have much money or adding anything else to the budget could add more stress, but if you are not communicating well, or not hearing each other, this may be a good time for communication counseling. If you can’t afford it, then still realize you need it and try to find a way to communicate. One good thing to try is writing love letters to each other. Tell each other on paper how you are feeling. That way you are not interrupting each other, you are getting it out and the other person has something to physically hold on to. Something read when they are down. You also need to realize that you are in this together. Marriages and relationship are built as a two person structure; there is a reason for that. You are not alone in this what ever happens, good or bad, it happens to both of you, together. Even if you are separating, you’re both at a loss at the same time. You’re still going through the same thing, having the same experience. You can use that to help support each other. We all like to be with people who understand and are going through the same things that we are.

Not having enough money to do simple things, like shop for groceries or pay bills can definitely slam a wedge between two people. Especially if only one person takes care of the finances. That causes added pressure on that person that could be relieved simply by doing it together. Don’t put one of you in a position where you are trying to hold up the lives that you built alone. Foundations are not built on one skinny stick; we are not made with one leg. We have two for balance. Foundations are spread across an area to that they can hold up the weight. How long can you stand on one foot? Don’t put all the pressure on one person. Stand together and weather the storm. Shore up any distance between you and hold on. Trust me, in the end, when the storm is over, you will be stronger for the next one. Together or not in the end, it will help to know you did everything you could and there will be no “should of, could of or would of’s.” You took every step and are entering into any kind of separation may be easier to handle. Stepping into one without taking every step you could of leaves unanswered questions and makes it harder to get through. Making the emotional strains and stages of divorce longer.

With the stress and strain of the economy, finances and other normal marriage strains, emotions can run high during a recession. People may turn to old bad habits to relieve that, such as alcohol, gambling or straying. The emotional instability and worry can cause relationships to feel like they are drifting worlds apart, when in reality there is no other problem than outside influences pulling you apart. Each person finding a reason to step farther away instead of finding the source and getting rid of it. I have repeated my friend Gordon’s comment over and over, “it takes more energy to get a divorce than it does the save the marriage.” Thank you again Gordon, it’s a wonderful statement and should be engraved into people’s minds. It does take more energy to pull apart two objects than it does to put them together. I’ve got two examples for you that you might understand.

1. Playing with magnets in school. I am sure that in some science class somewhere in school they had to play with magnets. This is a good life lesson that we don’t really think about. Some magnets repelled each other and you couldn’t get them together no matter what you did. Some pulled together and it was hard to keep them apart. This is like a marriage because at one point, you two pulled together. You were drawn to each other like magnets. Now with the added strain of the recession it is like trying to pull the magnets apart. They went together easily and were harder to pull apart. Think of outside influences as those two hands trying to pull those magnets apart.

2. The lid of a jar. When you first try to open that jar and let the contents out that lid is stuck tight. Sometimes they are hard to get off. You have to twist, pull, bang it on the counter, use other object to try and pry it open. This is like a marriage. The lid should be stuck on tight. The twisting and pulling being the outside influences that can open that lid and eat away at the contents.

Whatever your outside influences are during this recession and no matter if your marriage breaks apart in the storm or not, it is hard on all of us. Realize that right now there are a lot of outside influences affecting our lives. There is pressure on everyone. You are not alone; we are all here with you. We are not just one skinny stick holding up our whole worlds. We are a group of legs that need to shore up and stand together so that we can all make it through these high winds and rough waters.

Source: Examiner.com

Filed under: Divorce, Finances, Marriage

5 Steps To Managing Your Money And Your Marriage

In our society, money represents power, success, and often even your value as a person. We say (misquoting the Bible,) “Money is the root of all evil,” or ”money is power;” or “he who has the gold, makes the rules.”  We consider it spiritual to take a vow of poverty, and we prosecute and convict people who get greedy.

Money is serious stuff. Some of us think people who make a lot of  money must lack character; others think poor people are morally deficient. These attitudes are not the way we want to think, they’re prejudices, acquired before we learned to think rationally. But these prejudices can cause huge troubles in marriage, including financial infidelity – where one or both parties spend money out of resentment,  jeopardizing the couple’s financial security.

Money issues couples fight about include: Who pays for what? Who keeps records, pays bills, controls budget, etc.? When, how and why do we spend money? One wants to save, the other wants to spend. How do we make big financial decisions? Or, perhaps, they can’t talk about money at all without arguing.

If you and your partner tend to think the business end of a relationship is not a romantic topic for courtship, you may not discuss it until you can’t avoid it, and then you fight. You may not think of your marriage as a business deal, but a huge part of it is just that. Just like a business, a marriage takes in income, pays expenses, and is supposed to have a little profit (savings) left over.

The business aspects of marriage are clear to me, because for 15 years before I went back to school and eventually became licensed as a therapist, I was an accountant in business. Just like a small business, your relationship has one or more sources of income, you have expenses, and, like a business, your marriage is supposed to make a profit — to create savings, investments and equity (which a business would call assets) and have money left over in the bank at the end of the month.

As partners in a marriage you have similar financial responsibilities to partners in a business. In fact, some businesses are called partnerships, and we often use the same word for relationships. Family members are somewhat like workers, when they do maintenance, chores and homework, and somewhat like clients, who receive services from the partners, Mom and Dad.

Mom and Dad are the Chief Operating and Financial Officers, who must figure out how to allocate the funds coming in, and how to provide the necessary guidance and services to their children and to each other. In business, there’s a lot of discussion about ‘corporate culture’ — the attitudes and practices within the business: how employees and executives deal with each other, the ethics of the company, and their focus, or lack thereof, on meeting goals and becoming successful.

Likewise, your marriage and family have a ‘family culture’ — how you interact as partners and family members; your mutual goals, hopes and dreams; and how successful or unsuccessful you are at meeting your goals. Obviously, a family culture that involves a lot of fighting about money will be less efficient and not as successful at meeting its goals.

No matter what your circumstances, creating financial security can make life easier. To do this, you must learn to manage your money wisely. The amount of money you bring in may not be large, but if you manage it well, it can be all you need. On the other hand, we have all heard stories of people who earned vast sums of money (lottery winners, celebrities or dot-com millionaires, for example) and who squandered it until they had nothing left.

The amount of your income will not determine the amount of your “family profit” unless you manage it well. When you work together to handle your finances intelligently, you can create the financial security you need to live life comfortably. When your partnership extends to making smooth financial decisions and meeting your money goals without struggling and arguing, you’ll find that everything else you do becomes less stressful.


USING BUSINESS SKILLS AT HOME

Viewing your family dispassionately as a business doesn’t sound romantic, but if you can step back from your feelings long enough to view your relationship from this perspective, your financial situation make more sense, money problems will be easier to solve, and you’ll be able to discuss financial decisions with less difficulty. Here are some guidelines for using business skills at home.

1. Don’t React — Respond.
As I said in the previous chapter, neither of you would argue with the boss, colleagues at work, or a child’s teacher the way you argue with each other. Even if your boss makes you angry, most likely you would use self-control at the office, and blow off steam in private to your co-workers or a friend. Then, when you had a chance to think about the situation, you’d develop a better way of handling it, and perhaps approach your boss with a considered solution. You can do the same thing with your spouse when you have a money problem.  Instead of saying the first thing that occurs to you, such as criticism or blaming, stop and think of a response more likely to lead to a discussion of the problem, rather than an argument.

2. Use positive manipulation.
We often think of manipulation as a bad thing, as dishonest. However, acting in a way that makes it more likely to get a good response is not always deceitful or insidious. When you present an idea or solution, think about what your spouse would like about it, and lead with that. ”Honey, you know that new car you’ve been wanting? I think I have a way for us to get it.. We could take out some equity on the house to renovate the kitchen, we could get your new car, and the interest would be so much cheaper than a car loan.” This is truthful, thoughtful, and clearly shows the husband how both of their wants can be taken care of, so it’s more likely to get a positive response.

3. Have a Formal Meeting.
Just as you would in business, sit down for a real meeting about important financial issues. Don’t expect to be able to discuss finances successfully while you’re on the run, when it’s late at night, or while watching TV. Instead, make a date for discussing finances, and take the time to sit down together, with all the proper information, and discuss your needs, wants and means. Follow a meeting method like Robert’s Rules of Order, to keep the discussion on track. If a difficult problem arises, use the problem solving skills at the end of this chapter.

4. Take Finances Seriously.
Healthy businesses keep a close eye on the bottom line. In marriage, this means being careful about your money, but also not using money as a weapon against each other, or being irresponsible about it. A successful, happy marriage requires that both partners act like grownups. It’s not surprising if you have disagreements about how much to save, when and what to spend and who makes financial decisions, because such differences are normal between people. If you take them seriously, and sit down to solve them together with mutual good will, your different points of view will become assets, not problems.

5. Check in Regularly.
As you do in business, have a brief check-in as frequently as possible. In the morning, or the night before, compare your daily schedules. Even if the things on your schedule don’t really involve your spouse, mention them, so that each of you will know if you’re facing anything important, or challenging in the day ahead. When you have an idea of what’s involved in each others’ daily lives while you’re apart, you will be much more able to respond in a helpful fashion to each other, especially when sudden changes or problems arise.  For example, you can say I have to pick up some clients at the airport today, and I don’t know what the traffic will be like, so I could be late tonight.”

When you follow these guidelines for handling money together, you’ll understand each other better, and you’ll both understand your goals and feel more motivated to follow the plans you make.

Source: Divorce360.com

Filed under: Finances, Marriage , , ,

Does Divorce Make Women Look Older?

Divorce is one of several factors now found to add years to a woman’s face.

Lots of things make us old. Previous research has shown smoking causes premature aging in men and women, literally etching the aging in their faces. Other research has found that poor skin tone can add a decade to a woman’s perceived age.

In the new work, researchers photographed the faces of 186 pairs of identical twins, mostly women, and asked them each a series of questions about their life habits and medical backgrounds. Four other people then reviewed all the photos and guessed the ages of each person.

Women who were divorced were judged to look nearly two years older than their siblings who were married, single or widowed, according to an article at the The Los Angeles Times web site. The research was led by Bahman Guyuron, chairman of the department of plastic surgery at University Hospitals Case Medical Center, part of Case Western Reserve University. It was reported in the journal Plastic and Reconstructive Surgery.

Only the results for women were released. Other factors that made one twin look older than a sibling:

  • Sun exposure
  • Smoking and alcohol use
  • Antidepressant use

Antidepressants may cause facial sagging, Guyuron speculated.

Interestingly, being heavier made those under age 40 look older, but it made those over 40 look younger, Guyuron and colleagues report. Previous research has suggested that a little weight – particularly in the cheeks – looks good on people as they age. Predictably for a plastic surgeon, Guyuron said his findings support “fillers” used in plastic surgery.

For those who prefer to keep the looks they’re given, perhaps some comfort can be found in the old adage “you’re only as old as you feel.” A study in December found that older people tend to feel about 13 years younger than their chronological age.

Read more in LiveScience.com

Source: California Divorce and Family Law Blog

Filed under: Divorce

Work On Your Credit Score Before Divorce

On a couple’s wedding day, divorce is the furthest thing from their minds. At such a wonderful, joyous time in one’s life, it is difficult to consider the possibility that the relationship will end. However it does occur on occasion. Many people get married every day and over half the population has been divorced. In the beginning the bad credit of your partner can be overlooked, but not for long. Sometimes, the stress of dealing with financial issues can ruin the relationship before the couple takes their first steps down the aisle. Still others may become vengeful, wanting to place their ex deep in debt.

When you get married, you are only responsible for debt you incurred as a couple. Keep in mind that, as a couple, one person’s bad credit rating will affect the both of you when trying to get a loan or a line of credit. Don’t be surprised when these joint applications are turned down. It is essential that you both discuss your finances before you walk down the aisle. Many marriages break up because of financial difficulties. Many couples avoid discussing financial arrangements in hopes that the subject will not rear its ugly head. Unfortunately, that usually indicates that it will.

Keeping on top of a situation has never had a negative effect on any relationship, and open communication will only make the relationship stronger. You should each obtain a copy of your credit report, then sit and have an open conversation about finances. After speaking openly, enlist the aid of a professional and consolidate all your debt. You can alleviate any future problems if you consult with an expert who will be completely honest with you. If you and your spouse can’t come to an agreement regarding an issue, you should have your debt manager’s contact information close at hand to avoid an argument. Of course, this won’t work for divorcing couples. If by chance your divorce is amicable, get ready to hate each other at least some of the time and to disagree often. Truthfully speaking, if you really did get along so well, you probably wouldn’t be divorcing.

After a divorce, you must protect yourself. You should alert the credit reporting agencies when you separate or divorce. All the important information will then be recorded for each of you separately and the agencies will help you make individual transactions. You should make sure that anyone you still owe money to has your updated contact information. Even though it may seem childish, divorced people have a habit of tossing away their former spouse’s mail. Following a divorce, close all joint accounts and pay all balances if possible. If there was a substantial amount of debt acquired during your marriage, you should consult with your attorney about including a plan to resolve the situation during your divorce proceedings. As far as divorce is concerned, get everything in writing or it won’t hold water.

Although your marriage may not be forever, credit problems can be. Regardless of how much love you feel for your spouse, you need to protect your own interests. It sound awfully formal, but in the long run you will be thankful you did.

Source for post: Charles Sellestor

Filed under: Divorce, Finances

Crash Causes Settlement Changes

When John and his wife divorced, they agreed to sell their home. But every time they come close, his ex stalls “because she wants to buy it.” With the real estate market in a tailspin and the nation in a recession, “She feels prices will go down further,” which would enable her to buy it from him at a cheaper price.

To complicate matters, John, not his real name, recently lost his job in the financial industry. With the house issue looming, he’s already asked the court in his state to award him attorney’s fees since his wife filed for divorce. In addition, he’s considering a change to his property settlement: he may return to court to ask his ex for alimony, something he never would have done before the layoff.
According to legal experts from around the country, John’s tale isn’t unusual. The recession that’s affected every other aspect of America is now affecting family court as well. Clients are returning to court as a way to deal with financial hardships that are affecting their property settlement agreements.

“It’s happening because retirement accounts have dwindled to nothing for some people and a decree that gives you half of what was a robust account now gives you half of not much,” said retired attorney Brette Sember, author of a number of how-to books, including “The Divorce Organizer.”

Los Angeles, Calif., family law attorney Kelly Chang Rickert said her clients want to modify their judgments because their financial circumstances have changed dramatically. “Due to the economy and loss of jobs, I am seeing a lot more modifications to child support – reductions for the payor if they’re laid off and an increase for the recipient if they’re laid off…”

Another big recession issue: “Alimony needs to be increased for folks who have lost jobs,” Sember said. In some cases, according to Chang Rickert, she’s even seeing changes in child custody arrangements because “parents who have been laid off have more time to spend with children.”

A new mom herself, Chang Rickert has noticed “nannies and housekeepers are getting laid off because parents who have no jobs have more time” to spend at home.

California family law attorney David Pisarra said he’s seen so many clients dealing with this issue that he’s rolled out a new payment program – charging only a flat fee – “to address this new need”Sember said.

John’s not the only one in a quandary over the inability to sell his marital home. Many property settlements state that the divorcing couple will sell their home, but “Many people can’t sell and need to know what to do if they can’t,”said Pisarra .

Source for post: Divorce360.com

Filed under: Divorce, Finances

Let’s Bail Out the Divorce Lawyers!

So saith the dean of the matrimonial bar, Raoul Felder, in a tongue in cheek piece published in this weekend’s Wall Street Journal. What line do I get in tget my bailout money?

Filed under: General Family Law, Humor

Madonna and Ritchie May Pursue Collaborative Divorce

Interesting article in the London Times online edition edition today, reproduced in full below, regarding the Madonna – Guy Ritchie split up. As I have said before, I usually try to avoind writing about celebrity stories here. But this story I think warrants mention. It had looked like Madonna’s divorce was headed toward being the same sort of donnybrook that Paul McCartney had become embroiled in with Heather Mills. The gloves were off, the snarky comments to the media from “friends” and “confidantes” had started. But it looks like Madonna and Guy have stepped back from the abyss, and intend to pursue a process that is more civil, and will allow them a better chance of moving forward, with their children as a family. I’d like to think that the story would garner great press coverage and be a boon for collaborative practice – of which I am a HUGE advocate. But friendly and civil doesn’t make headlines, and that’s too bad. In any event, here’s the story:

Madonna and Guy Ritchie could be the first high-profile couple to divorce collaborative-style.

The new, fast-track and non-confrontational way of reaching arrangements over money and children on divorce has just won senior judicial backing – in the week that the couple’s split became public knowledge.

Collaborative law does not sound buzzy. But it is the in-method of reaching divorce agreements, with the benefits of speed, huge cost savings and, above all, minimum acrimony.

Last week a couple of hundred lawyers gathered to celebrate the fifth year since American-style collaborative law was introduced in the UK. In 2003, four London lawyers were among a handful who had qualified in the new method; now there are more than 1,250 and more than 300 in London. This year has also seen the appointment of London’s first “collaborative” silk: Tim Amos, QC.

What is it? It aims to help couples reach agreement out of court, avoiding the risk of the public mud-slinging and battles epitomised in the split between Sir Paul McCartney and Heather Mills.

Settlements are reached in four-way, face-to-face talks between the parties and their lawyers. There is an incentive to agree: if the talks fail, then new lawyers have to be instructed for court proceedings – at extra cost.

The couple draws up a consent order which is then agreed by the court. This process used to take three to four months. But last week , Mr Justice Coleridge, a senior family judge, announced a fast-track procedure whereby such orders could now be approved within a couple of days.

He said that If every aspect of the case had been agreed, and the hearing before a judge for approving the order would not take longer than ten minutes, all that was needed was a day’s notice to the court and a chance for the judge to read the papers overnight.

The fast-track initiative, which has the backing of Sir Mark Potter, president of the Family Division, comes about after an un-named couple had asked for urgent approval of their settlement because one was about to move to the United States with the children.

At first, Mr Justice Coleridge said that he thought the application rather cheeky. But he added: “However, I am, as is well-known, a pussycat, and agreed to hear the application for approval as the first in the list on the following day.”

The key benefits of the new “good divorce” method are that it is non-adversarial; solutions can be tailormade and flexible; clients have control of the pace; experts (accountants, financial advisers, therapists or counsellors) can be brought in and work with the couples; and privacy is preserved.

He did sound one note of caution, however. Lawyers needed to be “acutely sensitive” to the process failing so that “costs are not run up first by one process and then, after the trial has hit the buffers, by the old-fashioned scheme”.

Isobel Robson, partner and head of family at Andrew Jackson, the Yorkshire law firm, said there was a big take-up in the new method.

“I believe that collaborative law is the most exciting development in family law in my 24 years of practice. Clients love it; they regard the process as direct, clear and amicable whilst avoiding the expenses and latent aggression of the court process.”

Cost savings were considerable too, she said. “I have dealt with collaborative cases with assets in the millions and costs of under £10,000 – perhaps only 10 per cent or less of the costs for contest cases with the same assets.”

The take-up among lawyers is still patchy, however, with some hugely successful pockets in the regions where lawyers have embraced the new method, but a slower take-up in other areas, including London.

“The clients embrace the concept that the whole focus of their case is on settling – rather than fighting,” she said.

Suzanne Kingston, head of family at Dawsons LLP, said that for Madonna and Guy Ritchie, the privacy would be a big incentive. The settlement could be reached “in one of the offices of the solicitors rather than in court”.

So it’s down to Fiona Shackleton (for Madonna) and (Lady) Helen Ward, for Ritchie. The couple are said to want a deal by Christmas. Using this route, they could well do it.

Filed under: Alternative Dispute Resolution, Collaborative divorce, Divorce, Families, Uncategorized , , ,