IS ELDERLY CARE AT TIPPING POINT?

Elderly Care  -  A Broken Promise

• When the Conservative party were elected as the governing party on the 7th May 2015 into this countries 56th Parliament  one of their election mantras was that the most anybody would have to pay on their long term elderly care would be £72,000.

• Shortly thereafter on the 17th July 2015 this promise was broken and some say consigned to the long grass never to see the light of day again.  The principle is contained in the Care Act 2014 and can be reviewed under the Act in May 2020.  This broken promise can be viewed as political cowardice or political pragmatism depending on your point of view.  The truth is that as things stand there is no solution to the long term elderly care funding and resource gap now reported to be at a tipping point.

• If reports from those in the know are to be believed the latest solution is to increase Council Tax by as much as 7% to pay for the lack of resource. An announcement is expected by the Communities Secretary this Thursday the 15th December.  This proposal has already been attacked as nothing more than a short term fix and dumping a problem of the governments making on local authorities who are the biggest providers of social care in this country. 

• The truth of the matter is that reform of elderly social care in this country is a difficult matter.  Some say impossible.  That may be true but others say nothing is impossible. The reality is that something has to be done at a time when it is reported that :-

          1.    One third of residential care homes are at risk of closure.

          2.    5,000 care beds have been lost in the last 18 months and                               one tenth of the social care budget since 2010.  
                       
          3.    One in ten people have elderly care bills of £100,000 or more.

• No matter the unfairness it is still vital that the existing system is understood. It is the need to understand what the system can and cannot provide, combined with the need to be persistent and to get advice early that is key.

The above is an overview only.

Andrew Douglas
Partner

For a FREE appointment and to find out
answers to the questions that need answering 
also to get the care you or a loved one needs
email Andrew Douglas and his  team
or simply call on 0800 072 8636.

Alternatively visit our website abdcare 
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DOUBLE HELPING OF SPROUTS...

Make sure your kids don’t get double sprouts – planning Christmas across two households

Christmas is traditionally seen as a time for families. But parents know only too well, it can bring plenty of challenges too – there is always so much to do, and there can be stresses and strains as you try to ensure that your children have a great time.

For divorced and separated parents, Christmas can require particularly careful planning. After all, how many children like brussel sprouts, let alone facing the dreaded “greens” twice, and possibly on the same day! 

More seriously, Mum, Dad and the children can find themselves feeling confused, disappointed and frustrated during the festive season.

Christmas across two separate households, and between extended family on both sides, can be very difficult for children and for their parents too. But with a bit of planning and willingness to compromise, separated parents can go a long way to ensuring that their family still has a merry Christmas.  The main thing to remember is that you are both still parents – and putting the children’s needs first is essential for their well-being and happiness.

The first Christmas apart can be especially difficult. The emotional pain of the split may still be strong, and even if this is not the case Christmas can bring unfamiliar expectations, pressures and decisions. Understandably, both parents will want to be with their children. But, separate homes with perhaps additional travel time in-between, visiting extended family, etc. can all make splitting Christmas and Boxing Day a real headache. It is important to remember though, that arguing can be very damaging to the children. 

Here are my top 10 Christmas tips: 

1. Put your children’s needs and feelings first. Discuss arrangements with the other parent and try to share both the pleasure and the responsibilities. 

2. Plan early. Leaving arrangements to the last minute can make discussions much more difficult. Agree the plans, and keep the children informed about them.  Agree how handover times will work as these can be particularly difficult. 

3. Think long-term and stay flexible. You may want to be with the kids on Christmas Eve and Christmas Day. Sometimes it’s not practical to split the time for a variety of reasons including, travel distance and, visiting relatives, etc. Bundling children into a car on Christmas Day when all they want to do is play with their new toys and eat the chocolate off the tree, may not be the best way to start a happy day. It may be fairer and easier on your children - to agree to alternate which household the children spend Christmas Eve and Christmas Day in, from one year to the next. 

4. Don’t ask your kids to choose between Mum and Dad. This puts them in an impossible and unfair position. Difficult decisions should be taken by adults.

5. Let the children know that even though things will be different, Christmas can still be special. Work together with your children to create new Christmas traditions in each home.

6. Take the children to visit family and friends. Christmas can be a good time to strengthen the children’s important relationships with relatives like grandparents or cousins. This also helps provide some stability for children when their lives are changing.

7. Don’t over-do things. Sometimes separated parents can feel guilty which leads to them over-compensating by doing too much. This can overwhelm children and leave them feeling exhausted and stressed. 

8. Don’t compete with your ex over presents for the children. Instead, discuss what presents to buy so that you don’t duplicate. Consider whether it would be helpful to continue the tradition of a joint present from both of you; and allow your children to decide where they will keep their gifts.

9. Help your children make or buy gifts for their other parent. Children need to experience the joy of giving. This also lets them know that you support their relationship with the other parent.

10. Compromise and be positive. If you don’t get exactly what you want, be gracious about it for the children’s sake, as well as your own. Holding grudges, is a negative emotion that will stay with you for a long while. It may well end up colouring your better judgement on other issues.  You can always try a different arrangement next Christmas; and if you are spending Christmas without the kids, use the time positively – make plans with close friends and family members or take time to do something special for yourself.

Peter Berry
Family and Collaborative Lawyer

Peter Berry is a Family and Collaborative Lawyer
who is based at
the firm's Marlborough Office.

Please contact
Peter Berry for
further details and if you wish
to organise a free initial
consultation.

I WANT A DIVORCE!

What do I have to consider?

"My husband and I split up two years ago. There were no serious arguments; we both felt we didn’t want the same things, or each other, anymore. I live in the family house in Marlborough with our children, aged three and six. He sees the children at weekends. He gives me money for them and he pays the mortgage. I would like a divorce now so I can move on with my life. What do I have to consider?"

Divorce or Separation is a very worrying and stressful point in anyone’s life. Decisions often do not come easily, by any means. Here are some of the initial issues that may need to be considered:  

Are there any remaining emotional issues?

It’s clear how you feel, but is your husband ready to move on finally? You have been able to agree a lot between you, but it would be sad to see one of you left unhappy at the thought of final closure particularly if this impacts on your children. 

Do you have grounds for a divorce?

Yes. The marriage must have broken down irretrievably and one of the following facts must be proved: - adultery, unreasonable behaviour, desertion, separation for two years with consent or five years without consent. In England and Wales, divorce is still based upon either “blaming your spouse” or a long period of separation. You have been apart for two years so with your husbands consent, it is possible. 

DIY Divorce?

The so called “DIY quickie” or “internet” divorce ends your marriage, but that is only half of the story. It does not resolve your children’s arrangements, the financial arrangements, or help you plan for the future. 

Parenting Plan

If you and your husband would like to have a written agreement concerning your children’s up-bringing and the time they spend with each of you, then a Parenting Plan would be worth while considering. This could provide you both with reassurance and certainty for the future.

Financial Arrangements

Financial arrangements are far from straight forward. Is it likely that your family assets will be shared, but sharing does not necessarily mean equal shares and how soon will it be before you each receive your shares? Will the family home be sold or preserved to a later date and who will be paying the mortgage in the meantime? Do you need a monthly payment from your husband to maintain the bills, can he afford to continue paying anyway?  All quite practical issues but far from easy to resolve, even leaving aside more thorny questions like pensions, new relationships etc. Are you able to talk to your husband about his views and plans for the future? 

Wills

Do you and your husband have one, do you need one? A divorce is a fundamental legal change in your status and you should both certainly think about want might happen. Planning ahead may not be the most important thing on your mind at present, but only you know what you wish to happen, and time spent now, will undoubtedly save your family and friends a great deal of extra worry and stress.  

Bespoke Advice

To coin a phrase, “there is no substitute for good advice” and divorce is such a fundamental change in life that good advice is vital. Each family is different, and the advice we give is carefully tailored to your particular circumstances.  

If you and your husband would like to work out all the “details” together and remain in control of decisions concerning your families future, then I recommend that you both consider:-

• a “Collaborative” Law approach  www.collaborativefamilylawyers.co.uk

• By choosing legal representatives who are committed to the constructive
  resolution of family disputes and issues.

Awdry Bailey Douglas have two highly skilled Collaborative Lawyers within its Family Law Team, myself and Cindy Ervine. 

Also, all of our Family Lawyers are members of Resolution, a national organisation that is committed to a constructive, non-confrontational approach to sorting out family law matters. Members of Resolution follow a clear code of practice and work to find solutions that consider the needs of the whole family - and in particular the best interests of any children.  

Peter Berry
Family and Collaborative Lawyer

Peter Berry is a
Family and Collaborative Lawyer 
who is based at the
firm's Marlborough Office.

Please contact
Peter Berry
for further details and if you wish to organise
your free initial consultation.

THEY STARTED TO FIGHT WHEN MONEY GOT TIGHT...

“I am sure my wife is planning to end our marriage. We are arguing about our money worries,  I fear losing my job and any hope of getting another mortgage if we do split up. I feel like I am about to lose everything, what should I do? "

The “double whammy” of Christmas bills and financial uncertainty will make January 2017 a very stressful time for many families. Recent surveys suggested that nationally up to 1 in 4 relationships are under strain and one of the major factors is money worries. “RELATE” the national relationship counselling service, have reported a 59% increase in the number of enquiries it is receiving.   

Financial worries are rarely the main cause of a relationship break down, the added strain of money worries tends to open more deeply routed personal issues. Couples find it more difficult to ignore their differences. Accusations start flying and relationships can quickly fall apart.

If you have not already done so, I recommend that you both seek help to communicate about your feelings for each other. Your arguments may be the end result, but the causes are likely to run much deeper than money worries. Wiltshire has some of the best Couple counselling services available.     

If your marriage is truly over, then beware the stress and strain of trying to manage on your own. You have already started to worry about what the future holds, and it is very likely that your spouse has similar fears and concerns.  When you add these issues together, along with the prospect of losing your employment, it is without doubt a hugely stressful time.  

There is never going to be such a thing as a ‘good’ divorce or separation but in my experience the traditional approach of going to Court first before resolving issues, polarises attitudes quickly, and forces couples to highlight their differences. This can lead to the acrimony and family “feuds”. The emotional costs of this approach are enormous and the effect on children and wider family members can be long lasting. 

But does it have to be this way?

The majority of people really do want to resolve issues without confrontation. Protecting their children from emotional harm and the worry of separation is a high priority. Love may be lost, and you may not “agree” everything, but one thing is clear, if parents can retain a positive and respectful relationship, their children are more likely to grow up happier and more secure as a result. So how do we achieve this?

Expert advice and good communication are the keys. Finding the right process to resolve differences, and committing to resolve the problems are the first stepping stones.  So what “process” or approach might be best for me? 

• Get legal advice, so you know where you stand.

• Get help with emotional issues, your GP may have a practice counsellor, or can refer you. 

• RELATE help couples communicate, whether trying to rebuild their relationship, or to help cope with parting.    
          
• Mediation can also help couples trying to plan a way forward, particularly for child arrangements.     
                           
• Collaborative Family Law, enables couples to meet with their legal advisers to find solutions together, around a table.     
           
• Court. The last resort for many, but sometimes a timescale and a clear set of rules are needed.                        

Peter Berry
Family & Collaborative Lawyer

Peter Berry is a Family and Collaborative Lawyer who is based at
the Firm's Marlborough Office.

Please contact
peter.berry@awdrys.co.uk
for further details and if you wish to organise
your free initial consultation.


   

GOOD DIVORCE WEEK

The New Code of Practice

I am a proud member of Resolution which is a community of family justice professionals who work with families and individuals to resolve issues in a constructive way.

Resolution membership is about the approach I take to my work. Resolution have a Code of Practice which members follow and  means that  I will always seek to reduce or manage any conflict and confrontation, support and encourage families to put the best interests of any children first and act with honesty, integrity and objectivity.

I have been working as a family law professional for over 21 years and appreciate, that clients reach the best outcomes when they are helped to understand and manage the potential long-term financial and emotional consequences of decisions. This is why I use experience and knowledge to guide my clients through the options available to them.

As a Resolution member, I have signed up to a Code of Practice that will demonstrate to clients the approach I will always take. The Code promotes a constructive approach to family issues and considers the needs of the whole family, in particular the best interests of children.

If you decide to work with me, this means:-

• I listen to you, will be honest with you and treat you with respect.

• Explaining all the options and giving you confidence to make the right
        decisions.

• Helping you focus on what’s important in the long-term.

• Helping you balance financial and emotional costs with what you 
        want to achieve.

• Working with others to find the right approach and the best solutions
        for you.

• Managing stress in what can be an already stressful situation.

The new Code of Practice is being launched TODAY  (28.11.16) to commence the start of “Good Divorce Week”. This years’ campaign will be focusing on no fault divorce and improving rights for cohabiting couples.

If you have any queries or seek further information please contact me Cindy Ervine.

Cindy Ervine
Matrimonial Solicitor and Collaborative Lawyer

Cindy Ervine is a Matrimonial Solicitor

and Collaborative Lawyer who is

based at the firm's Devizes office.

WHEN RELATIONSHIPS TURN SOUR

Owning your home, and claiming that your partner only pays “rent” towards the bills, may be a recipe for disaster...

Mr Burton found this out the hard way when his ex was awarded £33,522 by a Court in compensation, for payments she had made to the property he owned.  Liden v Burton 2016 EWCA.

Cohabiting couple families are the fastest growing family type in the UK. National Statics show that cohabiting couples have more than doubled, from 1.5 million families to 3.3 million families in 2016.

If you own your own home then before a new partner moves in, it is very important to establish exactly what they will contributing to, why and how much. This may sound clinical or even off putting, but had Mr Burton taken advice and set the ground rules properly, he would not need to pay £33,522 now.   

Protecting your property from claims, or agreeing the share your new partner will be entitled to if they contribute, is something that can be achieved in a Cohabitation Agreement or a Declaration of Trust. Later on,  if marriage is contemplated, it is also possible for the Agreements to continue within a Pre-Nuptial.  

Take advice, before its too late, or you could be heading back to see your mortgage broker sooner than you thought.

Peter Berry
Family and Collaborative Lawyer

Peter Berry is a Family and Collaborative Lawyer who is based at
the firm's Marlborough Office.

Please contact
peter.berry@awdrys.co.uk
for further details and if you wish
to organise a free initial
consultation.

     

DIVORCING?

Then make sure your Pension rights are properly checked out. 

Due to new state pension rules, people who Divorce now will only be entitled to a state pension based solely on their own National Insurance (NI) record.  Well why not, some might say….

However, if you have not worked, perhaps because you have been caring for your children then you may not have made any NI contribution for a number of years.  You may have thought that your husband or wife’s NI contributions could be used to top up your NI record.  After all, you have been at home caring whilst your spouse has worked.  You have both contributed towards  your families needs, but in different ways.  Under the old pension rules, a Divorcee could claim missing NI contributions from their ex-spouses NI account and in the vast majority of cases, this had no impact or loss for the ex-spouse.  For many getting divorced, this was an important provision, which enabled them to receive a full state pension on retirement.  Not so anymore.

The new “single tier” state pension has replaced the old two-tier system of basic and additional state pensions.  Entitlement to a state pension is now solely based on your own National Insurance (NI) record.
There will be a lot  of people,  predominately women who are not working and have no idea about this change. The new full state pension is currently set at a maximum of £155.65 a week, based on 35 years of NI contributions.  For each year under the 35 limit you lose 1/35th of the full amount, equivalent to £4.45 a week or £231.25 a year.  You need a minimum of 10 years of contributions to receive the state pension.  If a spouse takes a career break for 5 - 10 years or possibly more whilst caring for children, then the impact of this break in NI contributions could be very significant on retirement.

Pension rights on Divorce and seeking a Pension Sharing Order are complex matters and essential  to get right.  Pension Sharing Orders allow spouses to balance out the pensions that they have, to achieve a fair division.  This can involve a division of the value of the pension schemes, or the pension income that will be received on retirement. Where one spouse will lose out, perhaps as a result of a shortfall in their National Insurance record, a Pension Sharing arrangement can often be used to redress that shortfall.

Whilst pensions may not be top of your priority list right now,  getting expert advice will set you up for a more secure retirement prospect later in life.

If you are Divorcing or thinking of separating, take specialist advice from our Family Team.