Through Breakup Case
Studies
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Support for FDR (Financial Dispute
Resolution Hearing) for a Litigant in Person
(LIP).
Stephen (names have been
changed) was looking for answers to get him through his divorce
as a litigant in person in an ancillary relief (financial
split) case. He had already spent several thousands of pounds
on legal bills and he could not afford to pay for more. He
wrote:
I think I have a fairly good grasp of the
overall situation, have been open and honest and total
with my disclosures but obviously the legal side/
procedure is another matter, and I’d just add, I would
rather be represented, but when I say I simply cannot
afford it, I mean it.
Kirsten asked him specifically what he was
looking for and he replied that he needed help around
court procedure and what he was and wasn’t allowed to
say. Kirsten replied that whilst we are not able to get
involved in the detail of the case, there was much she
could do to help Stephen reduce his anxiety, present his
case effectively and be in control, especially important
for a litigant in person.
Over a couple of 1-1
telephone calls, Kirsten focused on helping Stephen understand
what it was he was asking the court to do - reach a settlement
which would enable him to stay in his house - and to focus on
the facts. He knew his case but he was concerned about his
understandable lack of knowledge of the procedure on the day
and what would get thrown at him as a litigant in person by the
weight of the other side's lawyers. He
wrote:
Thank you so much for your advice yesterday.
During our telephone conversation I began to feel
reassured on many points, plus you have clarified my
thinking, so much so, in fact that today I have run
through practically all the evidence and statements again
and made notes to pin down the points I want to make. I
want you to know that I am very, very grateful to you for
your help. I really hope I can handle things on the day
on my own. It has become important to me to be able to do
that, now.
Inevitably pressure was
put on Stephen as a litigant in person (LIP) on the day by the
other side’s lawyers. He wrote after the
hearing:
‘..I am so very grateful for your advice. I
think, without our telephone conversations I would not
have had the relative calm and clarity I managed to
achieve. So once again, thank you.’
Read
more here.
Collaborative
Family Law Support
Olivia (names have been changed) was referred to
Kirsten by a life and parent coach who recognised her client
needed help from someone who understood the divorce process.
Olivia wasn't actually married but she had been with her
ex-partner Paul for eight years and had a two year old
daughter. She wrote to us:
"We have got to the stage in my coaching
sessions where everything I now want to focus on is a
formal separation with my ex-partner. We are now about to
start a collaborative law process to agree financial
arrangements and access but I am still finding it hard to
come to terms that this is the end. I would very much
like to go through your coaching process as I feel I
cannot explain myself fully to lawyers etc when I have so
many emotions going on."
Olivia's anxieties were exacerbated because they
weren't married and the bulk of their financial assets
were in her ex-partner's name. As a result she was
worried about her ability to re-house herself and her
child and recognised the importance of agreeing a
settlement amicably.
Divorce coach Kirsten spoke to Olivia on the
phone and reassured her that she was making
progress, though it may not seem like it to Olivia in the
emotionally fraught position she was in. Kirsten assured
her she was being courageous by driving the settlement
she needed in order to move on and we could certainly
help her progress matters, specifically:
- Around identifying
fears, especially the unknowns e.g. financial uncertainty
and ‘can I cope as a single mum?’
scenario.
- Supplying
emotional support - how to cope, keep herself
going.
Afterwards Olivia
wrote: "Our discussion helped me to talk to someone
who actually understood where I was coming from because
of their own personal experience. I felt more positive
that the situation can be solved, even if it is still
going to be a bit of a bumpy ride and I felt able to open
up about my feelings on the split more than I probably do
with friends as I want them to think I am being strong
and getting on with it when in reality I’m
not!"
The next week Kirsten
and Olivia met face to face. Olivia had, at Kirsten's
suggestion, broken down the issues she needed to confront into
the following areas:Emotional - how to
maintain ongoing contact with Paul outside of legal
meetings.
- Financial - how
she could afford to stay in the family
property.
- Practical - how
she could work and care for her two year
old.
- Legal - the whole
collaborative law process.
These were some large
issues and Kirsten suggested they were taken one by one and
these were discussed over the coming
weeks.
Olivia was
well-supported by her collaborative family
lawyer Fiona
Read at Russell-Cooke
solicitors and
had full confidence in her ability to achieve a best
possible settlement. The collaborative process works best
when emotions are not allowed to interfere with the
process of finding a solution for all the parties
involved. But as the first meeting got nearer, Olivia
became anxious about her fear of scuppering the whole
collaborative process if she became emotional in their
four-way meetings and had to leave.
By speaking over the
telephone for an hour Olivia and Kirsten dug right down into
this fear - where it was coming from, what would trigger it and
what she could do to avoid feeling it. By facing up to the
fear, when it did arise, she knew she could cope as she had
learnt to manage it .She coped fine and they reached agreement
soon after in the third collaborative process
meeting.
A few months later Kirsten caught up with Olivia
again. She was dating again and in a full-time job and
sounding very positive. This is what she wrote about how
our divorce coaching services helped
her:
Q: How was your experience with the
collaborative law process?
A: "The collaborative process suited both
myself and my ex partner as we had been able to maintain
good communication despite our split. However, I still
found it very emotional when we reached our final
conclusion as it is finally shutting the door on that
relationship. The big plus was that we were able to sort
all our arrangements in just three meetings so avoided
very large legal costs."
Q: How did divorce coaching help
you?
A: " It enabled me to focus on the emotional
upheaval I was going through and helped me deal with the
stresses of having to sit opposite my ex partner during
our mediation service with
solicitors." Q: Would you recommend our services to a
friend in need?
A: "I think anyone going through a divorce/break
up would benefit from divorce coaching and wouldn't
hesitate to recommend this service."
Read more here.
Litigant in Person -
support before Final Hearing
Terry (names have been changed) found Kirsten by
searching for information to help his case on the web. He
felt he was in control of his case but needed some
practical and emotional help to get him through the two
months leading up to his three day final hearing in the
family court. He had already spent a very large amount of
money on legal representation to date with lawyers he
liked, but the money had run out. He had however
earmarked enough to pay a barrister at his final hearing,
but he was facing the next two months on his own,
preparing his own case with his lawyer to advise him if
he got stuck. He was as quite clear about the support he
needed:
- Help with his narrative
statement.
- Help with his court
bundle.
- Some support in keeping his emotions in
check in the courtroom and how to ‘perform’
better.
With a three month
tele-support programme Kirsten was able to help Terry
find answers to the questions around the practicalities
of getting ready for a court appearance as a litigant in
person and how to deal emotionally in court. Coaching
sessions of this type work by the client taking
responsibility for a series of actions they agreed with
their coach at the previous session and Terry was
exemplary in carrying out the tasks he had agreed. If he
had any questions between sessions, he was able to fire
them off in an e-mail to Kirsten and get a response fast.
As a financial consultant, the financial aspects of his case did not faze him
but he was keen to, as he put
it: ‘prepare myself emotionally,
physically and mentally for the final
hearing’
and we went over a list of
courtroom ‘dos and don’ts’ on several occasions so that they
would be automatic on the day.
As the case approached Kirsten helped Terry to
focus on how he would feel in court, and exactly what he
thought his anxieties might be. Kirsten found him a
pleasure to talk to because he was able to voice his
anxieties and Kirsten in turn could help him understand
that he was doing everything he could. We also looked at
the worst case scenario - and he decided he really wasn’t
going there!
His barrister was going to prepare a statement
of issues and the skeleton argument, but he needed the
chronology and an up-to-date financial statement. As we
are not lawyers and do not give legal advice, it was easy
to draw boundaries and make it clear what was a legal
question (which we couldn’t help with) - and what was not
-where we could help.
At the end
of his three day hearing an
elated Terry called to say the
hearing ‘went very
well’, ‘the settlement was better than I’d
expected’ and his barrister had been 'brilliant.' Not only did he say his
evidence was ‘brilliant’ -
in fact the judge complimented his evidence saying it
was ‘clear evidence and
brisk’ whilst Terry
said ‘the judge was pulling her hair out
with the other side.’
Here’s what Terry wrote about how our divorce
coaching services helped him.
Q: How did our services help
you?
A: "By giving me access to
resources and advice not available from my
solicitors."
Q: How specifically did we
help?
A: "Gave lots of practical tips on how to give
evidence in court especially the courtroom card. You
emailed me certain documents I could work from when I was
acting for myself e.g. courtroom bundle index
etc." Q: What was the most useful aspect of our
services?
A: " Advice on giving evidence and advice on
emotional, physical, mental and psychological aspects of
the divorce. Kirsten Gronning's coaching was invaluable
as she was able to help me in areas my lawyers
couldn't!"
Read
more here
It’s important to note that we prepare
clients for their experience in the family court and under no
circumstances do we rehearse the evidence, coach or discuss the
evidence or detail of the case.
Why
not contact us now and tell us how
we can help.
Read some Post Breakup case studies here.
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