What is nesting and does it work?

Nesting is a form of child arrangements, which can be adopted by parents to enable the children of the family to remain living in the family home following the separation.

The parent who is not in the family home would need to stay with friends or family whilst the other parent resumes occupation of the family home. In some cases, parties agree to rent a one bedroomed property for a fixed period to provide a base for each parent when they are not spending time in the family home with the children. This is of course dependent upon available finances resources.

Why would parents consider this type of arrangement?

Nesting allows the parents to move in and out of the home rather than the children, often the goal of a Nesting arrangement is to provide stability and security to the children and to minimise the disruption that is usually caused by the separation of their parents. It allows the parents to focus on the needs of the children and to put them first.

What are the Pros and Cons of this type of arrangement?

The Pros of Nesting Arrangements

Children can remain in the family home and their daily routine does not need to change immediately following the separation of their parents.

Parents can work together for the benefit of their children and can remain equally involved in the upbringing and care of the children.

The Cons of Nesting Arrangements

The parties must be able to communicate. Trust and communication are key requirements to this type of arrangement being successful.

Nesting is usually only a short-term arrangement whilst the parties find their feet following a separation and whilst financial settlement negotiations are ongoing and/or transfer of ownership or a sale of the property is pending.

The non-resident parent will need to have somewhere else to stay when they are not with the children.

When should nesting be considered?

In most cases, this type of parenting should be considered as an option as it is a way of promoting positive parenting and it does allow the parents to put the children first.

Due to the level of communication and cooperation that is required to make this type of arrangement work the parties will need to be amicable.

Nesting is unlikely to work in situations where the separation is acrimonious, where parents wish to move out of the area or are already in a relationship with a new partner and, in cases where children are older and more aware of their parent’s separation.

Nesting can be a good alternative option to consider as a short term solution; particularly when children are very young. Nesting may also be useful where parents are shift workers.

How can we help?

The Family Law team at Browell Smith & Co have a wealth of experience in negotiating child arrangements and we aim to provide clear and tailored advice and assistance in respect of your specific family circumstances. Our team are highly experienced in this area and are able to advise and assist you in negotiating an agreement, referring to mediation and/or making an application and representing you in the Family Court should such a step be necessary.

It’s the most wonderful time of the year…or is it?

Child Arrangements at Christmas

Christmas is a time for families to come together. If however, you have recently separated; then Christmas can of course become a minefield in terms of arrangements regarding the children.

Both parents understandably wish to spend time with their children at this most special time of the year. Leaving the planning of arrangements for Christmas until the last minute can cause unnecessary distress to all involved.

It is of course preferable for both parents to communicate at an early stage and well in advance of the festive period to reach an agreement that works well for all involved, particularly the children.

In certain situations it can be difficult for parties to communicate, agreements cannot be reached, compromise is off the table and families are left at an impasse. If you find yourself in a situation like this then we recommend taking legal advice as soon as possible.

Tailored Advice for Child Arrangements this Christmas

At Browell Smith and Co we provide clear and tailored advice and assistance in respect of your specific family circumstances. Our team are highly experienced in this area and able to advise and assist you in negotiating an agreement and / or making an application and representing you in the Family Court should such a step become necessary.

CRYPTOCURRENCY IN DIVORCE PROCEEDINGS….a tangled web…

Cryptocurrency, like any other asset in a Divorce, must be disclosed and of course, can be shared. 

Both parties have a duty to provide full and frank disclosure of all matrimonial assets. In the absence of full disclosure, and one party potentially trying to hide an asset, it is impossible to ascertain exactly what is “in the pot,” and consequently, what would be a fair division of that pot.

How is cryptocurrency different to other assets?

Cryptocurrency is a decentralised digital currency.  A digital asset, held in an online wallet or exchange which stores the public and private keys to the currency, in what seems like another world. Because of the other worldliness of this type of asset, those who own it can attempt to hide its existence by failing to disclose it. This may be relatively easy to do if the other party is not aware of its existence.

Issues with disclosure

If you believe that your partner may have failed to disclose cryptocurrency then the starting point is a thorough analysis of their Bank statements. Payments to trading platforms/exchanges are a giveaway as to the existence of cryptocurrency. In the absence of disclosure of cryptocurrency, then payments of this nature can be brought to the attention of the Court and inferences thereafter drawn.

Where Cryptocurrency has been disclosed, then a screenshot of an online wallet is not sufficient disclosure. A full transaction history of the ledger should be requested to ascertain a value, whether a party has been attempting to move the asset or, dissipate it during the post-separation negotiations or proceedings.

If you believe that your partner is hiding or dissipating cryptocurrency then an application to the Court can be made under section 37 of the Matrimonial Causes Act 1973 for an order preventing disposition or a freezing Order. Both such applications can be made in respect of other assets you believe are being hidden or dissipated within divorce proceedings, not only cryptocurrency. The purpose of such interim orders is to preserve the assets until a judgement can be enforced.

Such applications can be complex in respect of cryptocurrency due to the very nature of the asset and indeed jurisdictional issues. It is highly recommended that you seek advice early on in a divorce where crypto assets are involved or where you believe any other assets are being hidden or dissipated.

At Browell Smith and Co we provide clear and tailored advice and assistance in respect of your specific family circumstances. Our Team are highly experienced in this area and able to advise and assist you in negotiating an agreement and / or making an application to the Court should such a step become necessary.