Logo

If you missed what we’ve been sharing last month, here’s a round up of our blogs and some of the news posts on our Facebook and Twitter pages.

From our blog:

Anything to declare? The importance of full disclosure in divorce

hand of cards - full disclosure during divorce

 

The Goddard-Watts case shows the importance of full and frank disclosure of your financial information both at the start and during your divorce proceedings.

 

No-fault divorce: is it worth the wait?

woman waiting for divorce bill

 

The Divorce, Dissolution and Separation Bill finally offers separating spouses a true 'no-fault' divorce. But with the ongoing delays in parliament due to the current health emergency, is it worth delaying your divorce just for this option? LGFL Rita Gupta gives her insights into this new Bill, including a sting in the tail regarding the time this new 'no-fault' divorce will take.

 

 

 

How to get the new LGFL podcast “The Modern Family Lawyer”

 

Full details on how to listen to our brand new podcast "The Modern Family Lawyer" and subscribe for free.

 

 

 

Lockdown Magazine

 

Digital Mag - How lockdown is placing a strain on families and relationships - our brand new article for Stay Connected Digital Magazine in their inaugural edition.

 

 

 

From our social media:

How to co-parent as allies, not adversaries

A great TED Talk on co-parenting.

 

Blackstone barristers team up with education charity to create ‘Women in Law’ children’s book

This book celebrates the 100th anniversary of the Sex Disqualification (Removal) Act, which received Royal Assent on December 23 1919, and removed the barriers for women to enter the legal profession.

 

Weathering the emotional storms of a crisis

Some ideas to help cope in this uncharted territory of Covid-19. Emotional health during the Coronavirus Crisis: How to cope with anxiety and manage stress at work.

 

Interactive heatmap: which courts are open

Law Society president Simon Davis said: Courts must be able to reopen once this crisis abates. We must be wary to avoid any risk of significant and permanent damage to the public’s ability to access justice.

 

Signing a will during the pandemic

Some common questions & answers on writing wills during the pandemic, from the FT.

 

Police guidance on reasonable reasons to be away from your home during lockdown

A ‘cooling off’ period may be helpful if you need to remove yourself from a volatile situation at home.

 

Bruce Willis and Demi Moore self-isolate together with their children 20 years after divorce

Amicable divorce means that you can self isolate with your ex of 20 years.

 

A free information book explaining the coronavirus to children

This is an excellent book for young children with some illustrations from a very well known illustrator !

 

Judge rules on Adele's £140 million divorce settlement

Adele keeps her privacy for divorce settlement

 

Your place or mine? Coronavirus forces couples to choose

An interesting effect of the Coronavirus status. Fast-tracking relationships.

 

Coronavirus lockdown has sparked a 'horrifying global surge in domestic violence'

While the figures for domestic violence across the world rise, there are places to turn for help.

 

New bill to close gap in domestic abuse law introduced

Northern Ireland's new bill: The Domestic Abuse and Family Proceedings Bill creates a new offence which covers controlling and coercive behaviour against a partner, former partner or family member.

 

AND FINALLY

How will arrangements affecting my children stand during #COVID-19?
Director Rita Gupta & Jennifer Lee, Counsel at Pump Court Chambers have the answers in our new video series, “3 Questions”!

If you missed what we’ve been sharing last month, here’s a round up of our blogs and some of the news posts on our Facebook and Twitter pages.

From our blog:

The Modern Family Lawyer – our new podcast!

Rita Gupta Podcast

 

Our latest family law initiative - "The Modern Family Lawyer" podcast! Listen and learn more about family law anytime, anywhere, with LGFL Director Rita Gupta.

 

All change? Holiday child arrangements and COVID-19

child arrangement orders and corona virus

 

Child Arrangement Agreements: how a formal letter can save a lot of time and worry for separated parents amid corona virus concerns.

 

 

 

COVID-19: self-isolation, working from home and domestic abuse

 

If you or anyone you know are experiencing domestic violence when self-isolating or working from home, download our new leaflet detailing organisations who can help.

 

 

 

 

 

From our social media:

Domestic abuse victims missing vital health checks due to partners intercepting post

Oh this is so sad! Four in 10 survivors had experienced the terror of having their new address revealed to an abusive former partner: this is predominantly done by local authorities or a child’s school.

 

Blackstone barristers team up with education charity to create ‘Women in Law’ children’s book

This book celebrates the 100th anniversary of the Sex Disqualification (Removal) Act, which received Royal Assent on December 23 1919, and removed the barriers for women to enter the legal profession.

 

Wife awarded £400k for sacrificing her solicitor career

Woman who says she sacrificed prospects of becoming law firm partner to start family with solicitor-husband awarded £400,000 by family court:

 

Domestic abuse: Lie-detector tests planned for offenders

Those deemed at high risk of re-offending will be given regular polygraph tests to find out if they have breached release conditions.

 

Dubai's Sheikh Mohammed abducted daughters and threatened wife - UK court

The High Court publishes a Fact Finding Judgement (FFJ) in favour of Princess Haya. Sheikh Mohammed insisted that the case was “a private matter”.

 

Family leave reform aims to improve the wellbeing of families and to increase gender equality

Finland grants equal pay parental leave.

"Back in January Finland’s prime minister, Sanna Marin said too few fathers were taking time off to spend with their new children, and that reform was needed."

 

Divorce bill must not overlook pensions

The Law Society calls for long-awaited legislation reforming divorce to be amended to ensure ex-spouses are not left financially vulnerable as result of pension orders:

 

The coronavirus may be driving up divorce rates in a Chinese city, officials say

The Global Times reported that the Chinese city of Xi'an has seen a record-high number of divorce requests in recent weeks, with some districts even maxing out the number of appointments available at local government offices.

 

Here's the problem with telling women in abusive relationships to self-isolate

I agree this is a difficult situation but not just for women, but for men and children too who may not speak out. Here's the problem with telling women in abusive relationships to self-isolate

 

Welcome to Marriage During the Coronavirus

Yes, dealing with living together 24/7 will be a new experience for many.

 

Staying home alone

For many parents this is understandably such a worry. My son’s school have been amazing at sharing information.

 

COVID-19 guidance for children and families

Another great publication by Cafcass guiding parents through this difficult time.

 

Coronavirus Crisis: Guidance on Compliance with Family Court Child Arrangement Orders

Pretty much what we’ve been saying but here it is officially.

 

AND FINALLY

Our updates on Coronavirus and Family Law issues

 

man with back to camera

As part of LGFL’s holistic approach to divorce, Director Rita Gupta attended the ManKind conference at the end of 2019. In this second article, Rita highlights the effect of witnessing domestic violence for children, the financial impact of court action to enforce child arrangements, and other important issues. She also details the signs of coercive control over men, to help family and friends spot the signs.

Domestic abuse and children

Domestic violence does not happen in a vacuum. It impacts on the whole family. Domestic abuse impacts on the children regardless of their gender.

  • A child witnessing their parent’s suffering is sufficient to trigger PTSD over many years.
  • Intimate parent violence is an adverse childhood experience (ACE).
  • There is no difference if a child sees mum or dad being hit or being the abuser.
  • Children of either gender are more likely to become involved in violent and abusive behaviour when they are older. (1)

If you are experiencing domestic violence, the time to act is now. Call 999 and if possible, get yourself and your children to a place of safety. Call the ManKind confidential helpline on 01823 334244. Then, once you’re safe, contact us for professional legal advice on how to proceed.


 

Should I stay or should I go?

As we’ve discussed in our own article (Men are victims too: the ManKind domestic violence conference), it is better for the parents to live apart, than for their children to continually witness violence or dominating and abusive behaviour. However, this raises the possibility for parental alienation, where one parent (often the resident parent) continually undermines and seeks to separate children from the other parent. There is increasing pressure from various groups to have alienation included in the Domestic Abuse Bill as a recognised form of abuse.

As an experienced family lawyer, I’d add another element - financial abuse. The constant need to enforce child arrangements through the court is costly and time-consuming. Court appearances inevitably affect a parent’s ability to work and earn an income, due to the need to take precious days off for court appearances.


If you want to discuss your legal position regarding any aspect of domestic violence or abuse, call us. We offer a free 30-minute consultation in discreet offices where nobody will know you’ve come to talk to us. Call us in complete confidence on 01189 735521.


 

Nowhere to go

One of the major issues around domestic violence against men is the lack of safe accommodation and support. Across the UK, there are only 2160 refuge spaces for domestic violence victims, of which just 36 are assigned to men. This needs to change if male domestic violence victims are to get the support, advice or protection they need.

 

ManKind and the military

We applaud that ManKind are working with the armed services to raise awareness of abuse. 87% of our armed services personnel are men, so statistically, there will be thousands experiencing abuse. However, issues around masculinity add additional barriers to disclosure and reporting, especially when living in service accommodation tied to the job.

As family lawyers in Reading, we are within just a few miles’ drive of major military bases and accommodation. If you are in the military and need advice and help, call for an appointment now at our discreet countryside offices.

 

Coercive control of men – spot the signs

Coercive control is as much of an issue as physical abuse. There have been few studies on the differences between men and women doing the controlling, but female coercive control often includes:

  • Constant criticism
  • Denigrating behaviour and language
  • Jealousy
  • High degree if manipulation
  • Manipulated contraception
  • Legal and administrative aggression

Coercive control over men may emerge as:

  • Restrictions on his personal freedom
  • Telephone and message monitoring
  • Manipulation of social network
  • Alienation from his friends and family
  • Verbal abuse
  • Sexual taunts and insults
  • Jealousy and possessiveness
  • False allegations against men in powerful and high profile jobs
  • Threats to damage their reputation outside of work
  • Gaslighting and isolation
  • Suggesting older men 60+ have dementia
  • Financial abuse
  • Stalking

Coercive control and abuse can present as endless custody disputes, delay in proceedings, parental alienation, and result in financial abuse by litigation pressure. If you feel this applies to you, call us. We offer a free 30-minute consultation in our private office in central Reading or our discreet countryside location in Swallowfield. Call us in complete confidence.

 

Fear of losing everything

Many male victims of domestic violence don't speak out because of their fear of losing everything: access to their kids, their home and their relationship. As experienced family lawyers, we have helped men separate from abusive and non-abusive wives and same-sex partners and protected their interests in terms of children, home and finances.

 

How LGFL can help you

At LGFL, we have over a decade of experience and success in cases involving domestic violence, abuse and coercive control. Our approach is simple - we listen with empathy, give pragmatic advice and help you take the best action to exit an abusive relationship without losing what’s most precious to you.

No man should have to suffer domestic abuse in silence. Take the first step and call us on 01189 735521 for a review of your situation during a free 30-minute consultation for qualifying clients. Or fill in our request form here and we will make discreet contact to arrange a meeting.

Look out too for our future articles on:

  • Parental alienation
  • Adverse childhood experiences (ACE)

and their impact in a family law context.
 
 
 

note:
(1) Findings from Professor Nicola Graham-Kevan

As part of LGFL’s holistic approach to divorce, Director Rita Gupta attended the ManKind conference last November. The ManKind Initiative helps men escape domestic violence and their confidential helpline is available for male victims of domestic abuse and domestic violence across the UK. In this first article in a new series, Rita highlights some of the key findings she discovered at the conference.

Domestic violence does not discriminate. Victims come from all walks of life and professions, across all age groups, and from all parts of the UK. Yet public awareness is low and the subject can even be a source of amusement, as ManKind showed in a powerful video.

How would you react?

ManKind secretly videoed the reactions of members of the public witnessing an incident of domestic violence. The man and woman involved were both actors, but the public were unwitting bystanders the unfolding drama.

  • In the incident where the man was abusing the woman, male and female bystanders came to intervene to help the woman.
  • When the man was abused, the bystanders found it amusing and no help was given.

(If you want to view the video, click the link here. Please be aware this video contains offensive language and images of simulated violence.)

How prevalent is domestic abuse against men?

The reactions in that video show that public awareness of domestic violence is low, and understanding limited, despite the facts that:

  • There is an equal split 50/50 between the gender of the primary aggressor
  • 1 in 3 victims of domestic violence are men who self-report the incident
  • In 2017/18, 6000 women were convicted of abuse

 

If you are experiencing domestic violence, the time to act is now. Call 999 and if possible, get yourself and your children to a place of safety. Call the ManKind confidential helpline on 01823 334244. Then, once you’re safe, contact us for professional legal advice on how to proceed.

Equality for all victims

ManKind wants funding to be equal for both male and female victims, for them to be treated as equals regardless of their gender, or that of their attacker.

It’s an approach that as family lawyers, we heartily endorse. We have seen first-hand the devastating effects of domestic violence, abuse and coercive control on the victim, their children, their family, and their careers. The stigma behind domestic violence against men can mean they do not get the support, advice or protection they need. (It may also prove to be very costly for the victim, as we’ll explore in our next article in this series.)

The true scale of the issue

In his presentation, psychologist Dr Ben Hine detailed how reporting on domestic violence against men in the UK is held back by the men themselves being unwilling to officially report incidents to the police. As a result, the statistics that do exist are probably far lower than the reality.

Dr Hine and his team looked at data from the reports, and discovered that:

  • Male DV victims were generally older
  • 86% are white/ British
  • 22% are self referring

In addition, male victims are more likely to:

  • Have a vulnerability used against them, such as disability or deafness
  • Be in work and earning
  • Still live with their abusive partner rather than be separated
  • Remain in an abusive relationship, especially if they have children
  • Develop drugs and alcohol issues

 

Family law services for all

At LGFL, we have dealt with multiple cases of separation and divorces involving domestic violence, abuse and coercive control. Our approach is to same regardless of age and gender, married or cohabiting. We listen with empathy and give pragmatic advice to help you remove (extract?) yourself from that abusive relationship and situation.

We encourage any man suffering in an abusive relationship to take the first step and call us for a review of your situation. We offer a free 30-minute consultation for qualifying clients in our discreet offices either in Reading or Swallowfield. We have purposely based ourselves in high-end business centres, so nobody knows which company you are visiting when you arrive. Our countryside premises in Swallowfield even has a hidden back entrance should you require it.

domestic abuse woman crying

Is domestic abuse on the increase? According to the Office for National Statistics, the figures from the Crime Survey for England and Wales show

“Little change in the prevalence of domestic abuse in recent years.”

However, the ONS is the first to admit that:

“The majority of cases do not come to the attention of the police, and many of those that do, do not result in a conviction for the perpetrator of the abuse.” 

This situation needs to change, and as LGFL Director Rita Gupta explains, progress is finally being made through the draft Domestic Abuse Bill.

 

Domestic violence: the stats

It’s shocking to learn that in the year ending March 2018, an estimated 2 million adults experienced some form of domestic abuse. The police recorded almost 600,000 domestic abuse related crimes during the same period, a rise of 23% from 2017 thanks to more victims coming forward. Equally, during those 12 months, over 75% of prosecutions ended in a conviction.

It’s not just women of course: out of those 2 million adults, 695,000 were men. Not to mention the possible 1 million or more children caught in the crossfire of domestic abuse, and suffering abuse themselves.

What is domestic abuse?

Domestic abuse covers both physical and mental abuse, defined by the government as:

“Any incident or pattern of incidents of controlling, coercive, threatening behaviour, violence or abuse between those aged 16 or over who are, or have been, intimate partners or family members regardless of gender or sexuality. It can encompass, but is not limited to, the following types of abuse:
• psychological
• physical
• sexual
• financial
• emotional”

There are an estimated 600,000 transgender and non-binary people in the UK, accounting for just under 1% of the population. Of these, around 3,500 undergo treatment each year, according to The Royal College of Physicians.

 

What are the signs of emotional abuse?

As the government website so succinctly puts it:

“There are different kinds of abuse, but it’s always about having power and control over you.”

If you feel this applies to you:

  • Talk to someone you trust as soon as possible.
  • Find the strength to report assaults to the police. Most types of abuse are a criminal offence.
  • Get checked over by a doctor or a GP if you have any physical injuries.
  • If you are in physical danger, call 999 and remove yourself and your children to a place of safety. Many police stations have a Domestic Violence Unit or Community Safety Unit with specially trained officers to help you. There is a list of organisations who can help you here and excellent advice on how to stay safe from the CAB.
  • Ask the police for a Domestic Violence Protection Order to give you time to explore your options, by banning an abusive spouse from your home for 28 days.

 

Talk to us

Once you’re immediate safety needs are met, you can come and talk to us about the legal implications of your situation, and to explore ways to formalise your long-term exit from the relationship.

We offer clear advice on all aspects including how to:

  • Obtain a non-molestation order
  • Apply for an occupation order
  • Establish your legal rights to your family home
  • Resolve who the children will live with
  • Divorce an abusive spouse

Call us in complete confidence, or fill in our enquiry form, stating the best time and means by which we can talk to you.

 

Types of domestic and emotional abuse

The draft Domestic Abuse bill includes the first statutory definition of domestic abuse as:

  • Emotional abuse, involving controlling or coercive behaviours where your partner might isolate you from friends, criticise what you wear or do, or accuse you of having affairs.
  • Financial control and emotional abuse where they control your finances, don’t let you work or earn your own money, or don’t give you sufficient money for essentials and food.
  • Threatening and intimidating behaviour, where your partner might say they’ll hurt, you, break items belonging to you, follow you outside the home, or make threats to kill themselves or your children.
  • Physical abuse, including hitting, punching, slapping, holding down, choking and throwing items.
  • Sexual abuse, including unwanted sexual demands, hurting you, or applying pressure to have sex. (Remember, if your partner has sex with you when you either say or indicate you don’t want to, this is an act of rape.)
  • Cultural abuse, including forced marriages, female genital mutilation, and honour-based abuse.

 

Giving evidence in court; the new Domestic Abuse Bill

I firmly believe that one of the major barriers for domestic abuse victims coming forward is the current right for their abuser to cross-examine them in court. Having escaped once from an abusive relationship, it takes enormous courage to face your abuser again, let alone have them try to discredit everything you say through cross examination.

That’s why LGFL is a strong supporter of the draft Domestic Abuse Bill that would remove this right. The Bill, when passed will, according to the Law Gazette:

  • End cross-examination of domestic violence victims by their alleged abuser.
  • Introduce the first statutory definition of domestic abuse.
  • Specifically include economic abuse which is an extremely important factor often overlooked.
  • Also include controlling and manipulative non-physical abuse.

 

Giving evidence in court: other changes

This bill comes close on the heels of other much-welcomed changes to evidence requirements in private family law disputes including:

  • No time limit on abuse evidence (formally 5 years).
  • A wider remit for evidence to include statement from support organisations and housing officers.
  • Easier access to legal aid (although still subject to means and merits tests).

 

Domestic abuse and child access for those accused of abuse

When a case goes before the Family Court for child access rights, the court is primarily concerned with the welfare of the children involved. If an accusation of domestic abuse is made, the judge must be satisfied that what someone has said happened did actually happen.

 

Preventing domestic violence

There are many factors that contribute to domestic abuse, some of which start with people unwittingly choosing a partner with a violent past. The domestic violence disclosure scheme allows you to check with the police if a prospective partner has a recorded history of violence that places you at potential risk.

This ‘right to ask’ also extends to friends and family who can ask on your behalf. The police can release the information if it is considered:

“Lawful, necessary and proportional to do so.”

 

Domestic abuse: we’re here to help

As an experienced family lawyer here at LGFL, I’ve seen my fair share of cases involving every type of emotional abuse, physical violence and coercive control. I know it can happen to anyone; male, female, young, old, regardless of gender, race, sexuality or social background. Nothing shocks me (sadly), I am genuinely here to help, and I take the utmost care to ensure your confidentiality. As my client, I place you and your children at the heart of everything we here at LGFL will do, using every legal method and safeguard to help you move forward with your life.

Call me to discuss your situation. I offer a free 30-minute consultation where you can meet me in our discreet countryside offices, or at my new private office in central Reading.

The shocking story of solicitor Dave Edwards, who was stabbed in the chest by Sharon Edwards, his wife of two months, is certainly not an isolated case. According to statistics from the Crime Survey for England and Wales, in the twelve months to March 2015, around 600,000 men were victims of domestic abuse. Overall, one in six men will suffer some form of domestic or emotional abuse during their lifetime.

(more…)

Long-running radio soap ‘The Archers’ has stirred up emotions with a gritty ongoing storyline of domestic abuse. The unfolding of Rob Titchener’s emotional manipulation of his pregnant wife Helen has gripped the programme’s loyal followers including LGFL Ltd partner Anne Leiper, who is a life-long Archers fan.
It’s the all-too-hidden side of a relationship, the seemingly charming partner who is abusive, controlling and violent behind closed doors. It’s also difficult to talk about or unearth, as the victims often seek to excuse or cover up their abuse through fear or embarrassment.

(more…)

In December 2014, home secretary Teresa May announced a new domestic abuse offence of “coercive and controlling behaviour” carrying a penalty of a fine and a custodial prison sentence.

 

(more…)