The administration said: “Planning authorities in rural areas with high demand for homes may want to consider amending their local planning policies to support the change of use of farm buildings to affordable homes where these are considered inappropriate for employment use, or take the need for affordable homes into account in assessing individual applications.”

The Government has reaffirmed plans to publish a countryside policy statement setting out its rural policy priorities, including economic ones, before the summer Parliamentary recess.

Also in the Government’s sights are proposals to amend national park legislation to reflect the importance of sustainable development in park authorities’ activities.

However, the administration has decided there are no “overwhelming arguments” for adding a specific socio-economic duty for national parks to promote socio-economic development.

The idea of such a duty was promoted by the advisory body the Commission for Rural Communities (CRC).

This was the decision of the Court of Appeal in a recent case concerning the construction of a property in Prestbury in Cheshire. The property was built by PE Jones (Contractors) Ltd. for its client, Mr James Robinson. On completion of the works, it was sold to him.

During the construction of the property, Mr Robinson decided that he would like an additional gas fire flue built into a second room (the original contract included only one gas fire flue). This was agreed under the contract and the contractors constructed a second chimney flue and Mr Robinson arranged directly with British Gas for the supply and installation of a second fire. The work progressed to completion in April 1992.

It wasn’t until September 2004 that a British Gas service engineer discovered that the second gas flue was defective, which resulted in both gas fires being disconnected for safety reasons. A subsequent surveyor’s report indicated that the flues had not been constructed in accordance with good building practice nor with the Building Regulations in force at the time of construction. The required remedial work was estimated to cost around £35,000.

When attempts to resolve Mr Robinson’s claim for a refund of the cost of the remedial work failed, he issued a claim in the Manchester County Court. The claim was later transferred to the Technology and Construction Court, where it was rejected on the grounds that it was out of time under the contract.

On appeal, it was argued that the trial judge was wrong in rejecting the claim and that the builder owed a duty of care to its client resulting in a liability for the economic loss suffered by the house owner. The appeal, along with the original claim, sought to rely on the Unfair Contract Terms Act 1977. Although the building contract included terms excluding liability after a specified period of time, it was argued that such terms could not exclude a general duty of care.

The Court of Appeal rejected Mr Robinson’s arguments, however, and dismissed his claim for damages against the builder. The contract terms agreed between them were such that he could not invoke the law of tort in order to impose liabilities upon the builder which were inconsistent with the contract.

Michael Dalton says, “New building contracts are normally governed by the National House-Building Council’s (NHBC) standard forms of agreement. It is vital that expert advice is sought on the implications of any contract, including one that uses the standard NHBC terms, prior to entering into any building agreement.”

The claim arose because after the property purchase was agreed, but before contracts were exchanged, a burglary took place resulting in substantial damage to the property and the theft of many valuable fittings, such as period fireplaces and doors. The contract for sale included a clause that the sale included ‘all fixtures and fittings therein’.

The buyer had previously carried out a detailed inspection of the property and, although he had been informed that a burglary had taken place, claimed that he was not made aware of the extent of the damage to the property and the losses. He alleged that on the day of the exchange of contracts he was told by the vendor’s agents that there had been damage to a fireplace and he assumed that this was damage of which he was already aware. The agents claimed that the buyer was made aware of the removal of some of the fireplaces and the possibility of further damage.

The Court ruled that the buyer had an arguable claim of deceit on the basis of the non-disclosure by the seller’s agents of the extent of the damage.

The case will now be heard on the basis of a claim that the exchange of contracts was procured by misrepresentation.

Pop singer, Cheryl Cole’s divorce from her England footballer husband Ashley would be “clean, swift, amicable and smooth” reported national newspapers earlier this summer. And yet the divorce papers filed on her behalf were said to cite the reason for the break-up of the marriage as being Ashley Cole’s “unreasonable behaviour”.

If Cheryl truly wanted an amicable and smooth divorce, Ashley may have wondered why irreconcilable differences or the like wasn’t cited as the reason for the divorce. Few like to be accused of behaving so badly that their partner cannot ‘reasonably’ be expected to live with them.

Divorce in England & Wales is based on a marriage having “broken down
 irretrievably”

Following an unhappy marriage most couples just want to bring matters to an end swiftly, with dignity and respect. Unfortunately it is not possible to obtain a divorce based on “irreconcilable differences” in the divorce courts of England and Wales.

Divorce in England and Wales is based on a marriage having “broken down irretrievably”. But there is a complication. The breakdown must be “proved” by using one of five “facts” laid down by the law. They are adultery, unreasonable behaviour, desertion, two years’ separation with consent and five years’ separation without consent. Three of these methods - desertion, two & five years’ separation - involve a considerable period of delay (at least two years) before a divorce is possible at all. Adultery can only be relied upon if it too has taken place, so a suspicion will not be sufficient.

As the latest published figures from the Office of National Statistics on divorce rates in England and Wales show, unreasonable behaviour is the most common ground for an immediate Divorce. This is not a new revelation but, it is one that has lead to many family law practitioners campaigning for the current divorce laws to be reformed. Research on the effects of divorce on children has shown that it is not the divorce, but the way divorce is dealt with that impacts on children the most. Minimizing emotional harm whether for the adults or children involved is an important priority.

To help them work through the legal, financial and practical issues arising from separation many couples are turning to the dispute resolution process known as Collaborative Family Practice. This process aims to minimise the emotional and financial costs of divorce.

Despite the fault-based divorce process, the approach of Collaborative Family Practice enables divorcing couple to meet their goal of achieving an amicable divorce.

I urge you to find out more about Collaborative Family Practice by contacting Rebba Hawkins. There are a number of specially trained collaborative lawyers in Petersfield who are willing and able to assist you. We are organised into a group known as the Portsmouth and South Downs pod. Full details can be found on the website www.collaborativefamilylawyers.co.uk.

To whom can they turn for expert advice which won’t result in them becoming embroiled in long drawn-out and often acrimonious legal proceedings?

Collaborative Family Practice is one of the best alternatives available for couples who wish to resolve the issues surrounding their divorce constructively and with the aim of minimising the stress & strain on their children, and wider family.

However, what is less well known is the fact that the same specially trained and accredited Collaborative professionals can also work with couples and
parents who are not married.

So what makes the collaborative approach so special? The essence of it is the realisation that focusing on the pain and unhappiness of the past, is not going to create a healthy foundation for the future. Arguing over the blame, is just that, an argument that is likely to go on and on.

The Collaborative approach helps couples to draw a line under past, emotional problems so that they can focus their energy on sorting out the most important issue, their futures. Being able to find closure and to move on with a sense of dignity and respect, is vital.

Rather than being caught in the middle of warring parents, the needs of any Children become the focal point. Parents see the benefit to their children of being able to maintain a sensible working relationship, and understanding each others feelings. The distress and potential long term harm to children can be minimised.

Be under no illusion, Collaborative is not a “soft” option, nor does it mean that everything is simply split 50:50. Facing emotional, practical and financial issues head on is never going to be the easy option. Listening to, and finding common ground with your “ex” is never going to be easy.

The Collaborative approach allows the couple concerned to express (in a supportive environment) how they feel and what in broad terms they hope to achieve for themselves and their family, post separation. Collaborative meetings are carefully structured by the professionals involved to achieve a positive outcome. Some couples will need immediate assistance from a Family Consultant (Counsellor/Psychotherapist) to resolve emotional or relationship issues, others may need Financial Experts to help them understand and unravel the finances. Collaborative Lawyers will work with the couple towards drawing together all the issues and with their expertise focused on helping to achieve a binding settlement for the future.
Feedback from couples who have been through the Collaborative process is excellent. I urge you to find out more about Collaborative Family Practice by contacting Rebecca Hawkins. There are a number of specially trained collaborative lawyers in Petersfield who are willing and able to assist you. We are organised into a group known as the Portsmouth and South Downs pod. Full details can be found on the website www.collaborativefamilylawyers.co.uk.

30 years ago such a thing would have been unheard of; even 10 years ago it was rare in the UK divorce courts. But now late-life divorces are no longer so uncommon.

Whilst the current rate of divorce in England & Wales is at its lowest since 1981, the Office for National Statistics show that the proportion of divorces amongst the over 60s has increased.

Whether that’s because a divorce has been “in the works for a long time” or some other reason, the issues for couples who divorce late in life are far ranging.

What issues arise for the couple who untie an old knot?

Helping a couple late in life, separate or divorce can be more complex than for the
younger couple who have invested less in their relationship. How to secure the best and/or protect a pension provision built up over a long marriage may not be straight forward.

The family home may by now be mortgage free, but its sale might not realise sufficient to re-house both. Financial independence may be a reality but the costs of living remain a mystery to the one who has never before had to manage a household budget.

“We were married for 47 years, and our goal was to end our marriage not destroy our family
“
In addition to worries about financial security and management, the break up can
bring on physical isolation for one or both parties as family and friends take sides and
contact with children and grandchildren is adversely affected and even lost. Previous inheritance tax planning can be undermined by a divorce. Who will inherit in the absence of a spouse, and how might potential post death claims be avoided, are
questions along with many others that have not previously been considered.

How might some of these issues be resolved with dignity?

Roy and Patricia Disney, choose the Collaborative Family Practice method to end their long marriage. By doing so they ensured that no attendance at Court was needed, all decisions were kept in their hands and their Collaborative Divorce remained confidential.

Most senior clients that I work with want to get through their divorce with their dignity intact, do what is best for their children and grandchildren, come up with a fair financial settlement with their spouse of many years, be able to attend family christenings, weddings and funerals and move on with the remainder of their lives.

The experience of a recently retired person was that “….Collaborative Law helped my wife and I to work together in difficult circumstances to resolve our differences respectfully, in private and without the threat court action. We were married for 47 years, and our goal was to end our marriage not destroy our family.”
Collaborative lawyers work with Family Consultants, Counsellors & Psychotherapists, who help clients manage the emotions of divorce, and Financial Planners who are recognised as specialists in handling the complex financial issues that face divorcing couples. By working together the Collaborative “team” of professionals can help separating and divorcing couples of all ages find creative solutions to their issues at an affordable cost. Those solutions are crafted by the couple themselves with help and guidance, rather than dictated by a “one size fits all” solution from a divorce court. Which would you choose?

I urge you to find out more about Collaborative Family Practice by contacting Rebecca Hawkins. There are a number of specially trained collaborative lawyers in Petersfield who are willing and able to assist you. We are organised into a group known as the Portsmouth and South Downs pod. Full details can be found on the website www.collaborativefamilylawyers.co.uk.

Divorce/separation are top stressors and if you or any of the other members of your team are going through this, it is very hard to keep the personal emotions from spilling over and harming the business interests.

There is a new way of divorcing which can help. It is called Collaborative Family Practice. It means you both work together with your lawyers to find the most satisfactory way of sorting out the financial consequences of a relationship breakdown.

In a traditional divorce the Judge and the lawyers have to work within the narrow Court regime on issues that the Courts have deemed important. In Collaborative Practice you are free to sort out the problems which are the most important to you and to try to find creative solutions which may be outside those that can be imposed by the Court.

Having four of you working together on a problem, with additional professional advisors as necessary, gets those creative juices flowing. You can come up with tailor made solutions to your specific problems.

Given the complex interrelationships in family businesses, Collaborative Family Practice is an ideal way to move forward without the hostility and bitterness often found in a traditional divorce. Other family members can contribute to the problem solving rather than taking sides. You can preserve peoples’ dignity with the control they have over their own divorce and in turn, the reduction in animosity and bitterness means that the valued contributions of family members that otherwise might be lost can continue to add value to the business.

You may also be able to preserve the family business as a going concern, rather than having to sell it as a consequence of the divorce/separation, which might otherwise happen in a case disputed in Court.

Collaborative Practice can also be used for resolving business disputes, not just for divorces. I urge you to find out more about the practice by contacting Rebecca Hawkins. There are a number of specially trained collaborative lawyers in Peterfield who are willing and able to assist you. We are organised into a group known as the Portsmouth and South Downs pod. Full details can be found on the website www.collaborativefamilylawyers.co.uk.

No matter what you hear, divorce or separation are always stressful for the people involved. There is a new way of divorce which cannot eliminate stress but can certainly help reduce it and we hope that more people will consider it as the dignified way forward.

It is called the collaborative approach to divorce. It works by having a series of four- way meetings with the couple and their solicitors trying to reach a negotiated settlement. The four way discussion creates a more imaginative and tailor made solutions to their own problems, rather than having the Court impose solutions on you. There are none of the nasty letters flying between the lawyers which often cause more anger and increase the costs in an adversarial divorce.

Each person has the support, protection and guidance of his or her own lawyer and together the lawyers and the parties meet to discuss all of the issues that the parties believe need to be addressed. The lawyers agree that they are there to help the parties resolve those issues constructively and that they are not there to take the case to Court. The lawyers are prevented from taking the case to Court.

This encourages open communication and information sharing so as to let people negotiate a mutually accepted settlement without using the Court. It also means that the couple can concentrate on the issues that are most important to them, and not the ones that the law deems to be important. Solutions can be agreed between the couple that suit them, rather than the couple having to fit into a decision imposed upon them by a Judge.

You can see how useful this would be if you need to sort out details about horses or pets and at the other end of the scale, if you are in partnership or business together. Creative solutions may enable you to keep the business going without causing undue hardship to either the couple themselves, or their employees and wider family members.

The couple might want to use a team of people. Oftentimes there are divorce coaches/counsellors involved to help a couple (either individually or together) work through their emotional or communication difficulties as well as IFAs and accountants to assist with financial information and planning for the future. Mediators or child specialists may be involved to help sort out issues about their children for example.

The process came to England about four years ago and it is really taking off. The more people hear about it the more they want to take this dignified way forward. It provides a much better role model for the children than the old adversarial approach; it helps couples who are involved in businesses or work in partnerships together to separate without adversely impacting on their business and it gives back control for the couple which otherwise they hand over to the Court.

I urge you to find out more about Collaborative Family Practice by contacting Rebecca Hawkins. There are a number of specially trained collaborative lawyers in Petersfield who are willing and able to assist you. We are organised into a group known as the Portsmouth and South Downs pod. Full details can be found on the website www.collaborativefamilylawyers.co.uk.

Savings and investment products have never been more complex than they are today. Money can be held in a wide range of investment vehicles with different tax treatments. Your savings may range from old policies with complex guarantees to new investments incorporating derivatives and hedge fund strategies. Personal finance is rarely straightforward and as separating couples embark on a divorce, they often wonder “Will my finances survive my divorce?”
The factors that have the most impact on whether you end up with a fair settlement that has protected and maximised your wealth include;

• The willingness of both parties to fully disclose all financial information
• The ability of all parties to assess the true value of the assets held
• Understanding how assets can best be split to suit your individual future financial goals and agreeing a mutually beneficial split of assets

With Collaborative Family Practice, both parties agree to make decisions that suit you and your family. This process of working together as a team, in a respectful manner and with open communication means that all finances are fully disclosed and time can be spent to make sure that the value of the assets is fully understood.

You each work with collaborative family lawyers who have access to financial planners who are qualified divorce specialists. These financial planners are able to act in a neutral capacity and help both parties fully understand more complicated investments and ensure that you maximise your post-divorce wealth and avoid expensive mistakes.

They can also help divorcing couples make positive financial plans for the future and ensure that the finances are separated not just in a fair way, but in a manner that helps both achieve their future financial goals.
I urge you to find out more about Collaborative Family Practice by contacting Rebecca Hawkins. There are a number of specially trained collaborative lawyers in Petersfield who are willing and able to assist you. We are organised into a group known as the Portsmouth and South Downs pod. Full details can be found on the website www.collaborativefamilylawyers.co.uk.

There are all kinds of other mishaps in life that we easily forgive ourselves for, but the prospect of divorce can press all our self-blame buttons. Why?

I recently conducted some research into what marriage means to us, and discovered that it cuts across all the key reference points we use for conceptualising our world and our place within it. It contributes to our understanding of ourselves and others in legal, moral, emotional, political and developmental terms. You don’t even have to like or approve of marriage for it to hold this level of impact. In fact, not liking it indicates its power just as much as liking it does.

Now, if we take just one of those domains - moral - and remind ourselves that our cultural history is steeped with the notion that marriage is good - so divorce, therefore, is bad - it instantly becomes clear why your divorce is making you feel you’re suddenly living on the wrong side of the tracks, whether it was your choice or not. This is a feeling, remember, not a thought. Rationally you may know the relationship was irreparable, going nowhere, over. But this isn’t enough to dispel those gnawings of primitive, reactive guilt and sense of failure.

It might surprise you to know that Collaborative Practice takes all this into account. Whether the person you’re working with is a Family Consultant (Counsellor/Psychotherapist), a lawyer or a financial adviser, we’ll be listening to what’s happened, how you feel about it and what you need, but never judging you. Those moralising days are long gone. Our holistic interdisciplinary approach just focuses on helping you achieve whatever it is you need to build the best future for your children, yourself and your ex, emotionally, practically and financially.

It can be a tough challenge, but if by working together we can keep your divorce out of court, that’s a success, not a failure.

I urge you to find out more about Collaborative Family Practice by contacting Rebecca Hawkins. There are a number of specially trained collaborative lawyers in Petersfield who are willing and able to assist you. We are organised into a group known as the Portsmouth and South Downs pod. Full details can be found on the website www.collaborativefamilylawyers.co.uk.