1. Developments in Family Law and Legal Aid that benefit the
people you work with and support.
Welcome to the third edition of our newsletter. We will be bringing you quarterly
updates in relation to Family Law, Mediation and Legal Aid.
Address:
3-5 South Street
Havant
Hampshire
PO9 1BU
Tel: 02392 492967
Fax: 02392 499349
Mediation Tel: 02392 474040
Email: mail@swainandco.com
Web: www.swainandco.com
24/7 Domestic Violence Helpline
07435 969 798
Business Name
Practical Legal Updates
February 2015 Volume 1, Issue 3
SAMANTHA LEE
FAMILY MEDIATOR,
SOLICITOR AND MANAGING
PARTNER
MEDIATION
For a number of years repeated research has shown that if parents can cooperate with each other, children
can cope better with their separation. Mediation allows parents to meet with an independent and neutral me-
diator to discuss the arrangements for their children with the hope of avoiding the acrimony of court pro-
ceedings. Mediation can also help parents find a means of improving communication between them for the
future.
The Joseph Rowntree Foundation undertook extensive interviews of families for their report "Children's and
Parents' Experience of contact after divorce". Children reported that more difficulties arose when they had
not been consulted on the contact arrangements.
Following a comprehensive review of the whole family justice system, David Norgrave, in his final report con-
sidered decisions should take the wishes of children into account and children should know what is happening
and why.
On occasions therefore it is appropriate for children to become part of the mediation process and to meet
with the mediator to express their views. Samantha Lee at Swain and Co Family Mediation Service has com-
pleted specialist training to be able to meet with children as part of their parents mediation.
Samantha will first have discussions with the parents to consider whether consulting with their child is ap-
propriate and to agree the process. The parents need to agree they will take on board what the child says and
not question or try to influence the child before or after their meeting.
Samantha says "we write directly to the child explaining we are helping their parents and asking if they
would like to meet to let us know what they would like to happen. Children do not want to feel as though they
are being asked to chose between their parents and have divided loyalties. We make it clear that decisions
will be made by their parents taking their views into account"
Consulting with the child is very helpful when both parents have different views about the child's wishes. It is
not uncommon for a child to be saying different things to each parent. Samantha says "mediation gives the
child an opportunity to talk about things they are concerned about without fear of worrying or upsetting
their parents. The content of the discussions are confidential and are only shared with the parents if the
child agrees to this".
If you are working with any parent facing difficulties in making arrangements for their children please contact
Samantha for more information. Subject to their financial position legal aid is still available for mediation and
the process can therefore be free including the consultation with the children. Swain and Co Family Mediation
Service can be contacted on 02392 474040 or for further information look at
www.whatisfamilymediation.com

2. Page 2 Practical Legal Updates
Pensions on divorce – what is your client entitled to?
When people separate, they are often overwhelmed by so many decisions that they have to make. Where will we live? Who will look after the chil-
dren? Who is going to sort out the debts? So often, the day to day problems take precedence. These decisions are important, but something that
can often be overlooked is pensions.
Pensions are complicated, and people often don’t even know if they have one, let alone if their (former) partner has one. And even if someone
knows they do have a pension, how do you know its value or even what the numbers mean?
There are also the situations where people have separated due to domestic abuse. For good reason, often the victim will not want to be further
involved with their former partner and going to court and arguing about money is the last thing on their mind.
But what about the future? Sure, pensions do not become particularly of interest until you’re approaching retirement but for a pension to provide
an income it needs to be set up and paid in to for a substantial number of years first. So, even a small pension now (if you’re, say, aged between 30
-50 years old) may have some considerable value upon retirement.
So what are the things to consider? Here are a few questions to ask people who are separating and maybe have not considered their financial
position yet:
1. Have you or your (former) partner ever paid into a pension?
2. Have you or your (former) partner ever had an employee pension through work?
a) In particular, have either of you ever worked in the public sector (armed forces, emergency services, civil service, teaching)? If so
there is likely to be a pension pot somewhere.
3. Do you know what your state pension entitlement is?

3. Page 3 Volume 1, Issue 3
What next? See what information can be gathered about the pension(s). Most companies send out a statement every now and again. Or have a look
through old employment records or paperwork which may have details of any scheme you have paid in to. Lastly, get a state pension forecast to see
what you’re entitled to. You can do this here: https://www.gov.uk/state-pension-statement
The more information available, the better. The next steps is to then take some advice. For pensions to be divided or changed, the pension company
require a court order (we can help with that). Pensions also need to be looked at as part of the overall picture of a financial settlement and cannot be
considered in isolation.
So, although there are lots more pressing matters to look at on separation, a pension is for future security and cannot be ignored. It’s complicated and
sometimes confusing, but we can help with this and explain the options available in plain English.
Also, don’t forget, it is often possible to reach an out of court agreement and we will do everything we can to help you reach a settlement without having
to attend Court.

4. New Contact Centre offers unique service
Business Name
‘The People’s Lawyers’
Address:
3-5 South Street
Havant
Hampshire
PO9 1BU
Tel: 02392 492967
Fax: 02392 499349
Mediation Tel: 02392 474040
Email: mail@swainandco.com
Web: www.swainandco.com
24/7 Domestic Violence Helpline
07435 969 798
A new contact centre for families across Hampshire and the Isle of Wight opened earlier this year. Carole
Anne House offers a unique service for children to spend time with their non-resident parent.
Their services include:
 Coverage of Hampshire, IOW, Dorset, Wiltshire & neighbouring areas
 Transport to & from contact when needed
 Facilitating contact within a week based at the centre or in the community when agreed by both parties
 Meeting with both parents prior to facilitation
 Meeting with the child/ren prior to facilitation
 Enabling residential parent and child/ren to visit our centre for a pre play session
 Responding to anxiety from child/ren, residential parent & non residential parent & work with all in-
volved to reduce their anxiety around contact to ensure the contact benefits all involved
 Supporting child/ren in reforming their relationships
 Ensuring parents don't meet each other
 Supported and supervised contact
 Handover service, letterbox service
 Overnight supported contact
Nicola Whitley, family law solicitor says “This service is fantastic. I have been to the centre and it is like a
home away from home. As far as I know, no other centre offers overnight contact so it offers a truly unique
service to enable children to continue spending time with both parents after a separation”
For more information, please visit: www.chancesgiveschoices.com
NICOLA WHITLEY
SENIOR ASSOCIATE
SOLICITOR