The first five steps towards getting a divorce
The beginning of January sparks a surge in divorce enquiries so we decided to ask our specialist divorce lawyers, what steps you need to take first if you have decided to get a divorce or separate after a long-term relationship.
The top 5 are below.
Take a step back
First, take a step. Is the marriage irreparable? Have you tried couple counselling? Christmas is a mix of happiness and tension so if emotions have run away over the festive season make sure you take stock and think through your decision. It will affect the rest of your life.
Find your marriage certificate
If you decide that divorce is the right thing for you then the first step is to find your marriage certificate. You will need this to start divorce proceedings. And it cannot be a photocopy. Don’t panic if you cannot find it. You can order a replacement online here.
Prioritise the children
Put the children first and be mindful of them in every decision you make. Even though the relationship has broken down you will still need to co-parent and work with your partner. This will be so much easier if where possible, you are amicable. Try to not lose sight of this if tensions flare.
Get your finances in order
To work out an equal split of finances and assets you need to have a clear picture of the marital pot. Make a list of assets, liabilities and income (earnings, property values, mortgage, loans, credit and store cards, savings and pensions) as best you and gather together all the relevant paperwork.
You will need all of this information to complete Form E, which requires you to set out a full financial disclosure of all assets and financial resources so it is worth pulling it together now.
Consult a divorce lawyer
Every case is different, so the best advice is to get professional legal advice as soon as you can. It is important that you make the call and make an appointment.
Planning for your meeting will help you feel prepared for that first meeting. You will feel anxious but having a clear idea about what information you need and questions to ask will help you feel more in control.
Think about your journey times, where to park etc so you are not rushing. We always recommend that you do not bring your children. Any paperwork that you can gather and take with you is helpful and will help the case to progress quickly. The work that you undertook in step 4 will ensure you are ahead of the process in your first meeting.
Divorce is never easy and there is no magic solution so make sure you get the support that you need. Counselling and divorce coaching are both great tools to help you manage the anxiety and stress it can cause. Be mindful of your needs and the children’s needs and where possible, prepare and plan. Compromise also goes a long way.
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The year of Stowe: A review of 2018 by Senior Partner, Julian Hawkhead
It’s that time again for the annual review as commentators across the world look at the good, the bad and the unforgettable moments of 2018.
This year brought us a heatwave, a World Cup, political chaos over Brexit by the bucket load and Donald Trump gaslighting America with his fake news and lies. (You can read more in my article here.)
For Stowe, 2018 has been a pivotal year in the growth and development of our business. I have shared the best bits with you below.
We started the new year with a new solicitor Cheryl Grace our Harrogate team.
In February we opened our 14th office in Bristol, welcoming Jemma Slavin, Rachel Fisher and the team to the business. They have certainly hit the ground running, building an impressive reputation in a stunning office (it definitely wins the prize for most beautiful building), developing community ties and Rachel was recognised with her nomination for Junior Lawyer of the Year at the Bristol Legal Awards.
In March and April, we expanded our team in London with solicitor Roz Lidder and in Winchester, with Senior Solicitor Paul Linsdell joining us. We also promoted seven staff internally at the end of another successful financial year.
In May, Emma Newman, the Managing Partner in our Esher office was recognised for her exceptional work with a nomination for the Lawyer of the Year at the SLS Awards.
As the heatwave continued in June, we moved our Wilmslow team into larger premises to accommodate the growing team. It is now in a much more convenient location opposite the station with free parking available to clients. In the capital, we opened our second London office at the prestigious address of 128 Buckingham Palace Road, just a 3-minute walk from Victoria Station and headed up by Phoebe Turner. Back up north, a new solicitor, Camilla Burton-Baddeley joined the team in Altrincham.
In July, our team expansion continued with a new Senior Solicitor, Sarah Hodges joining the team in Esher whilst in Reading, we opened our 15th office and welcomed Naheed Taj who was joined by Mark Chapman, a Partner from our Winchester office. The office is located at One Valpy and overlooks the beautiful Forbury Gardens.
In Leeds, the Stowe team moved offices to the Minerva buildings in the heart of the city due to a growing team. It now has ten lawyers (including myself) and is the largest family team in the city. Down in St Albans, Senior Solicitor Bindu Bansal joined the team whilst over in the new London Victoria office, Solicitor Jonathan Day joined the team.
I also had the pleasure of participating in the Ride London 100-mile bike ride for Beating Bowel cancer. Despite several months of training in glorious sunshine, the big day itself experienced rainfall of biblical proportions. I guess that added to the fun!
At the beginning of August and peak holiday time, we had the great news we had been shortlisted for three Yorkshire Legal Awards (we went on to win two but more about that later. This month also saw two new appointments at the Manchester office with Michelle Ashworth joining us as Senior Solicitor and Gareth Curtis, promoted to Managing Partner.
As the schools went back in September, it was a month of new starters across the firm. Solicitor Rebecca Coates joined our Tunbridge Wells office, Surrogacy specialist and Solicitor Bethan Cleal joined Winchester and Solicitor Rachel Darrell, joined the Manchester office. At the end of the month, Solicitor Hannah Ross joined the team in Leeds.
Not to be outdone, Charles, our Chief Executive entered an endurance event, a mountain marathon, running some 40 miles up, down and all over the Lake District in baking heat.
October brought autumn and some slightly cooler weather. It also saw Matthew Miles; a new Senior Solicitor join the Harrogate team and Senior Solicitor Kaleel Anwar join the Manchester office. In Nottingham, we opened our first office in The Midlands. Headed up by Sushma Kotecha, the office became our 17th office in the UK.
This month also saw us meet in Birmingham for the Stowe annual conference. With a year-on-year increase in the company’s lawyer team of 40%, there were lots of new faces to meet. At the conference, we launched our mental health awareness initiative which will see a Mental Health First Aider or Champion trained and in place in each of our offices. We were also joined by four good friends and highly esteemed barristers from 1 Kings Bench Walk who presented on a wide variety of topical family law subjects including Philip Marshall QC talking about his involvement in the Owens case and James Turner QC talking about the Waggott case. Our afternoon team building event was great fun though somehow, I ended up wrapped like a mummy in loo roll. Though my team also won!
In the middle of October, we celebrated winning two awards at the Yorkshire Legal Awards: Family Law Firm of the Year and The Rising Star Award for Solicitor Charlotte Newman. It was a great pleasure to receive this recognition for the Yorkshire teams and shows the great progress we have made in enhancing our reputation as a team to be reckoned with that delivers excellent service and results for our clients.
I also took great pride in watching Charlotte receive her award having trained her through her training contract. Having been a trainee in the firm myself and seeing so many of our former trainees become managing partners or partners in the firm it’s fantastic that we are building a strong foundation for the future.
And finally, at the end of October, we launched our specialist domestic and international surrogacy law service whilst attending the National Fertility Show. Family law has so many facets to it. Divorce and relationship breakdown is upsetting and disruptive though we try our best to help people look towards a brighter future, however our adoption and surrogacy work are also incredibly rewarding for our lawyers as well as life-changing for our clients.
November brought another award win as we successfully won the Law Firm of the Year at the Elite Business Awards in Leeds. We welcomed Solicitor Maria Coster to the new team in Nottingham and in Birmingham, we opened our 18th office, our second in The Midlands this year. Headed up by Rebecca Calden-Storr and joined by Shelley De’Worringham shortly afterwards, the team is already making inroads into the market and establishing a name for itself.
And now, before we know it, we are nearing the end of December. Having the time to sit back and take stock makes us all realise what we have achieved and what a remarkable year it has been for us.
What I am particularly proud of is that we have a strong team spirit with no egos. Everybody in the firm is valued for the role they play and contributes to the success of the business. We are all committed to helping our clients and each other.
As the largest family law firm in the UK, we will continue to push the boundaries of excellent service and results for our clients across the whole country. As we continue to grow in 2019, we will be supported by the significant resources of a national firm but delivered at a local level.
But it is not just about us. Throughout the year we have worked hard to give something back to the communities where we have offices. We have sponsored youth cricket clubs, the Ilkley Literary Festival, Wetherby Stage Stars, The Winchester Hat Festival, St Albans Film Festival and the Reading Santa walk.
Our people have run half-marathons, walked 10K’s, ridden 100 miles, collected Christmas gifts, baby clothes and travelled to Kenya, all to raise money for charities including St Michael’s Hospice, The Sick Children’s Trust, make a Will month, Little Bundles, Save the Children and the Alzheimer’s Society.
So, what will 2019 bring us, well that would be telling so keep watching this space.
Lastly, may I thank you as readers of this blog for your loyal following and wishing you all a peaceful, healthy and prosperous New Year.
Julian
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Author: Julian Hawkhead
2018: The year we looked to the future by John Bolch
This year I will keep my review of the year mercifully short. Not only will I limit it to one post, I am only going to mention my top five stories of the year, stories that will all make a difference to families and family justice in the future, one way or another. In fact, as I put this together I realised that I am not so much looking back, as looking forward. Accordingly, I decided that the best way to review 2018 was to peer into my trusty crystal ball to look at 2019…
Story 1: I see a future in which couples can divorce without animosity.
I will begin with the obvious one, and the one that I suspect most commentators would agree is the most significant family law story of the year: reform of the law on divorce.
The mists are clearing. I see a 69 year-old woman. She looks very sad and frustrated. She is desperate to rid herself of an unhappy marriage. However, she still has to wait another year before she can at last divorce her husband, on the basis that they have now been separated for five years. She had tried previously to divorce her husband on the basis of his ‘unreasonable behaviour’, but he defended her petition, and the law said she could not have her divorce, thereby trapping her in a loveless marriage.
The mists are returning. The woman fades, and then returns. This time she looks happy. The law has changed! She no longer has to blame her husband for the breakdown of the marriage! She just has to file a statement with the court saying that the marriage has broken down, and there is no longer any such thing as a defended divorce. She can finally get on with her life.
The woman’s name, of course, is Tini Owens.
Story 2: I see a future in which all are treated equally.
Civil partnership for opposite-sex couples.
Somewhere in the cloudy depths of my crystal ball I spy a young couple. They are a very principled couple. They want to enter into a legal relationship, but they consider the institution of marriage to be patriarchal and sexist. Ideally, they would like to enter into a civil partnership, but until now that option has only been open to same-sex couples.
But what is this I see? The couple are undergoing a ceremony at a Register Office. Surely, they have not disregarded their principles and decided to marry after all?
I listen to what the Registrar says. This is not a marriage, but a civil partnership! The happy couple beam at one another as the ceremony ends.
Their names, of course, are Rebecca Steinfeld and Charles Keidan.
Story 3: Do I see a new course being plotted?
A new President of the Family Division.
As I peer deeply into my crystal ball I see the fog clearing. I am at some sort of conference. The next speaker is being announced – it is the President of the Family Division!
But what is this? This is not the familiar face we know and love. This is a new face. It is, of course, the face of Sir Andrew McFarlane.
What will Sir Andrew say? Will he announce some new initiative to reform family justice? Will he plot a new course for those involved in the family justice system? Will he, indeed, be as ‘hands on’ as his predecessor? The audience eagerly await what he has to say.
Unfortunately, the fog returns as he begins to speak. We will just have to wait to hear what he says.
Story 4: I see a better way of dealing with financial disputes.
As I look into my crystal ball all is murky. I can barely make out what is taking place. It seems to be some sort of arcane ritual, with those present unsure what is going to happen to them.
Ah, then I realise what has happened. My crystal ball is stuck in the present, watching a financial remedies case being heard in a family court in 2018. I give the crystal a clean, and it moves forward a year.
That’s much better. The court is now run by specialists, who help most of the couples settle their cases by agreement. And those cases that don’t settle are decided in a far more predictable way, consistent with other such courts around the country.
Both lawyers and litigants in person have a better idea what to expect when they go to court to sort out financial remedy claims!
Story 5: I see a brave new paperless world.
The view in my crystal ball is hazy, but the haze is clearing. I see a lawyer sitting at her desk, her eyes fixed on the computer screen in front of her.
I can now make out the words on the screen. The lawyer is filing a divorce petition on behalf of her client.
I watch as she submits the petition. I look on jealously as it is accepted, remembering how long it used to take me to issue a divorce petition by post, and how the court would so often come up with some trivial reason to reject it, causing further delay.
The lawyer quickly turns to another client’s file on her computer (I can’t see any paper files anywhere). This time she is applying for a decree absolute. The application is gone in moments…
____________
OK, I realise that I may be somewhat optimistic as far as the timing of some of these changes goes. We may, of course, have to wait until beyond 2019 for no-fault divorce, civil partnerships for opposite-sex couples, country-wide financial remedy courts and a fully digitised divorce system. Still, at least we can dream…
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Author: John Bolch
A week in family law: Caseloads, mediation and grandparents’ rights
A week in family law
The latest figures for care applications and private law demand, for November 2018, have been published by Cafcass. In that month the service received a total of 1,214 new care applications, 1.2 per cent less than November 2017. The total number of new public law cases during the current year (since April 2018) is running at just under 2 per cent lower than last year. As to private law demand, Cafcass received a total of 4,111 new private law cases, which is 9.1% higher than November 2017. The total number of new private law cases during the current year (since April 2018) is running at nearly 3 per cent higher than last year. So the pattern seems to be becoming clearer: modest decreases in public law cases, but modest increases in private law cases.
Still on the subject of statistics, the latest ones for legal aid, for the quarter July to September 2018, have been published by the Ministry of Justice and the Legal Aid Agency. Amongst other things, the statistics showed that Mediation Information and Assessment Meeting (‘MIAM’) volumes were 5% lower than in the same quarter of 2017, and that mediation starts decreased by 3%, and are now running at just under half the levels they were at prior to legal aid being abolished for most private law family matters in 2013. A stunning success for the government’s policy to fill the void left by abolishing legal aid with more cases being settled by mediation. Of course, as has been pointed out many times, the main reason for fewer mediations is that solicitors used to ‘direct’ many cases into mediation, but were taken ‘out of the loop’ by the abolition of legal aid. Perhaps that fact might encourage the government to restore legal aid for early advice, when it finally gets round to finishing its legal aid review in the New Year.
Perhaps the most notable thing shown by the legal aid statistics with regard to family matters, however, is the ‘bottom line’, i.e. the total expenditure during the period. The statistics show that the total family law legal aid expenditure during the quarter was some £138 million, with public law work accounting for some £116 million, and private law work some £22 million. These figures demonstrate just how little (comparatively) is now spent on legal aid for private law family matters. More importantly, however, they show just how costly public law legal aid is, an indication of the scale of the problem of children needing protection in this country.
Moving on, it has been reported that grandparents (and aunts and uncles) may get more ‘access’ rights, under plans being considered by the government. Leaving aside the fact that the term ’access’ was replaced by the term ‘contact’ nearly thirty years ago, the story is that Justice Minister Lucy Frazer QC has agreed to look at the rules allowing grandchildren to maintain contact with grandparents after parental separation, following pressure from MPs and campaigning groups. Specifically, campaigners seem to want two changes: a presumption in favour of contact between the child and its close relatives, and the removal of the requirement for such relatives to have to obtain the leave of the court before they can apply for a child arrangements (i.e. contact) order. As to the former, a presumption didn’t make any real difference when it was introduced in relation to parents (it was never going to), and it won’t make any real difference in relation the grandparents/aunts/uncles. As to the latter, is this even news? I seem to recall this being raised a while back. Whatever, the ‘leave’ stage is really little more than a formality in most grandparent contact cases, so again I can’t see that removing it will make much difference.
And finally, yet more statistics for your delectation. Or perhaps not. Experimental statistics on cases processed under the 2012 statutory child maintenance scheme administered by the Child Maintenance Service, between August 2013 and September 2018, have been published, courtesy of the Department for Work and Pensions. I was going to make some pithy comment upon the statistics, but the bacchanalian delights of the holiday season beckon, so I will leave it to you to read them yourself if you so wish, here.
Have a great Xmas and New Year break.
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Author: John Bolch
What does EastEnders tell us about divorce and Christmas?
Let’s be honest, there is no such thing as a merry Christmas in EastEnders with the Christmas Day episode now famous for its dramatic events from tragic deaths to murders to illicit affairs.
But when a recent poll placed the Max and Stacey’s affair reveal from 2007 as the most shocking soap Christmas moment it highlighted that most of them are based on family and relationships dramas.
The Den & Angie divorce
Back in 1986, approximately 30.1 million viewers tuned in on Christmas Day to watch Den serve Angie divorce papers, sealing its position as one of the most popular and shocking soap moments.
Taking place next to the crisp boxes in the Queen Vic, Den informs Angie that he has a letter from his solicitor saying he has filed a petition for divorce and that she needs to get one herself, quickly. Well, at least he gave some good advice.
Possibly served on the grounds of unreasonable behaviour, Angie had feigned a terminal illness to keep the marriage going but had revealed all in a drunken conversation on the Orient Express that Den overheard.
So, can you file for a divorce using this as a reason? Specialist family lawyer, Sarah Jane Lenihan from our London Victoria office explains:
In order to file for a divorce in England you need to prove to the court that the marriage has irretrievably broken down which has to be based on one of five facts:
Adultery
Behaviour of such a nature that you cannot be expected to live with them
Desertion
2 years separation with consent
5 years separationIf Den had been my client I would have advised him that we could file a divorce based on her behaviour if he felt he could no longer live with her. If not, he would need to wait for two years and even then, it would require Angie’s consent
I would draft a petition for Den including how Angie’s behaviour has impacted him. I often see dishonesty as a key factor in behaviour petitions whether it is like Angie being dishonest about health/debts/where or who they are spending their time with or dishonesty around addiction whether it be drugs/alcohol or sex.
The Max & Stacey affair
Another memorable Christmas Day moment was in 2007 when the affair between Max and Stacey, who was rather awkwardly married to Max’s son Bradley at the time, was revealed.
Having been caught on camera a few months earlier, the scene somehow made it onto the wedding video which was shown to the whole family in the living room after the presents opening. By July 2009, Stacey was shown signing her divorce papers, albeit reluctantly.
Fast forward to early 2018 and Stacey has been thrown out of her home and in a custody battle with her husband Martin over their three children after she has another short affair with Max on Christmas Eve.
This Christmas, Stacey has been reunited with Martin, but the marriage is struggling with Martin recently declaring “I want a divorce…”
Sarah Jane explains:
It is likely that Bradley issued his divorce based on Stacey’s adultery. However, this would have required Stacey’s to admit the adultery or Bradley to be able to prove it. Without either of these, Bradley would have had to consider issuing a petition on her unreasonable behaviour.
However, I often find that adultery may not have been the root cause of the marriage breaking down, adulterous relationships don’t usually begin within happy marriages. When I first meet a client, I take details of their breakup and the reasons why to assist me in providing the most appropriate approach for that individual, considering all the circumstances of the case.
I am frequently asked by clients, does adultery have any impact on your settlement or spending time with the children?
The answer to this is specific to each case however generally an act of adultery itself would not legally have an impact on either the financial outcome or the individual spending time with their children.
It can have an impact emotionally on the other party which can in turn make negotiation difficult as they feel that the other party should be ‘punished’ for their behaviour.
Relationship worries at Christmas
Christmas can easily put pressure on relationships and marriages. Dubbed Divorce Day, the first Monday in January is apparently the most popular day to start legal procedures for a divorce as marriages meltdown over the festive season.
Well, they certainly do in EastEnders….
If your relationship is struggling to survive Christmas season, the best advice is to seek early legal advice, so you know your rights from the beginning.
You can contact Sarah Jane Lenihan at the contact details below.
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Author: Sarah Jane Lenihan
6 Ways to Feel Better About Your Money in 2019
6 Ways to Feel Better About Your Money in 2019
The Cut’s financial advice columnist Charlotte Cowles answers readers’ personal questions about personal finance. Email your money conundrums to [email protected]
Photo: Mirrorpix via Getty Images
It’s time to throw in the towel on 2018. We tried our best, right? I, for one, got nowhere near the bar I set in 2017, when I socked away a baffling 30 percent of my income. This year, however, I was not quite so thrifty. On the upside, I’m satisfied with where my money went: I took a long trip to South America last spring, donated to great political candidates last fall, and paid some annoying but necessary medical bills last summer. But still. I’d like to get back on the wagon, or at least more disciplined.
Where to start? I know all the things I’m supposed to do — be better about automating my savings, stick to a budget, etc. — but I’m not feeling particularly inspired or motivated. Many people take a rip-off-the-Band-Aid approach to January, but I’d rather ease my way in. Plus, that’s what research says you should do: Make small, manageable behavior changes rather than a punitive overhaul. So I asked a bunch of my favorite money experts — financial planners, psychologists, investment advisers — to send me their best, most painless advice for starting fresh in the new year, regardless of how your bank account currently looks. Here’s what they said.
- Break up your habits, even just for a little while.
“If you normally put everything on a card, try going cash-only for a week to see how it affects your behavior,” says Amanda Clayman, an L.A.-based financial therapist. “Or, if you hate talking about money, challenge yourself to haggle down a price for something.” The point is to try something new in a playful, low-stakes way so that you can shake up your routine (or get out of your rut).
Personally, I’m toying with the idea of attempting the “envelope method”: instituting a weekly spending limit, and then dividing that amount — in cash — between envelopes labeled with the days of the week. If I want to spend more on any particular day, I have to “save up” cash from other days to cover it. I’ve already labeled the envelopes, which are sitting on my desk. Baby steps.
- Make yourself an inspiration board — no, really.
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This sounds so cheesy, but that’s why I love it. Dr. Brad Klontz, the co-founder of the Financial Psychology Institute and a professor at the Creighton University Heider College of Business, recommends the following steps: 1) Identify three top financial goals; 2) Get some poster board, glue, scissors, and art supplies, and make a visual representation of those goals; 3) Put the poster someplace where you’ll see it every day, like your desk or your kitchen, and/or take a photo of it and make it the wallpaper on your phone. “Last year, we studied people in five different cities who did this, and their savings rates increased by 73 percent — no joke,” says Dr. Klontz.
And even if it doesn’t work, it does sound sort of fun, right?
- Pair up with someone who’s equally interested in getting their act together.
I know, every annoying “How to Stick to Your New Year’s Resolutions” article always recommends a “buddy” to “hold you accountable.” The thing is, they’re right — especially when it comes to finances. You don’t need to enlist someone to check your bank statements and nag you about that shirt you just bought; instead, just finding a person to talk to helps destigmatize the subject more generally. And it works: According to a 2016 survey by LearnVest, 74 percent of respondents were more likely to stick to a financial resolution if they discussed it with others, says Alexa von Tobel, the CEO and founder of LearnVest and chief digital officer at Northwestern Mutual. Her recommendation: “Find a ‘money buddy’ who you’re around often — your partner, a family member, or a friend — and check-in with each other as you both move toward your goals.” Even better, find more than one. It takes a village, I say.
Also of note: You don’t need to partner up with someone who’s better with money than you. In fact, a recent study found that people with low financial skills tended to learn more and improve their money decisions if they sought advice from peers with similar levels of financial knowledge. This backs up my personal theory that it’s better to get financial advice from someone you can relate to (and is already in your life) rather than a whiz who’s ten steps ahead.
- Think about who else might get your money someday, and put it on paper.
It’s Thursday. Do you know where your beneficiaries are? If you’re anything like most people, you probably aren’t sure. (A beneficiary is whoever receives your retirement savings and/or life insurance policies if you die.) It’s a morbid subject, yes, but don’t underestimate how on-top-of-it you’ll sound when you call up your brother and say, “Hey, just letting you know, I’ve put down your name as my secondary 401(K) beneficiary.” It’ll also make you feel generous, in a weird way, and remind you that your money management — good or bad — always affects your loved ones.
Best of all, this process takes about two minutes (or maybe a little more if you need to track down your login information — but look, you’ve been meaning to do that too). “I always remind my clients to take the time to make sure their provider has things set up how they want,” says Pari Hashemi, a Philadelphia-based financial adviser. “Too many people forget to update that information after they get divorced, have a child, or lose a family member” — and inadvertently leave their money to an ex-spouse or no one at all.
- Cut out unnecessary clutter — extra credit cards, and subscriptions or memberships that you don’t use often.
“Close down any store credit cards and cut them up,” says Manisha Thakor, the VP of financial education at Brighton Jones. Yes, this may temporarily ding your credit score (closing a credit card does that, for counterintuitive reasons explained here), but it’s like cleaning out your closet — making a mess is part of the process. And the result will be worth it: “It’s best to keep your financial life simple,” explains Thakor. “Store cards in particular tend to have very high penalty interest rates if you’re the tiniest bit late on a payment. Don’t be enticed by the 10 percent off your purchases.” She recommends having one primary credit card and one as a backup — chop the rest. “Unless you are right about to buy a home or a car, it’s fine for your credit score to take a temporary dip while you clear your credit-card clutter,” she says.
While you’re at it, look at your other recurring charges — Hulu, magazines, the Tidal subscription you signed up for just to get Beyoncé’s new album — and do some weeding. You can even use online tools like Trim and ClarityMoney to ferret out “gray charges” (like those mentioned above, or that mysterious $2.99 that shows up on your bill every month for reasons you can’t remember) and help you get rid of them. There may be a cancellation fee, but like the credit-score penalty, it’s a temporary annoyance that’ll pay off in the future.
- Do the “Three Things” exercise to become more aware of your spending habits.
Psychologist Sarah Asebedo, who is also the president of the Financial Therapy Association, recommends the following: “For at least one week, identify three good things that happen in your life every day. Write them down, along with how you felt about them and what led to them happening.” Research has shown that this exercise boosts your overall psychological health and decreases symptoms of depression (which we can always use in the dead of winter). Then, to layer on a financial component, Asebedo advises adding three good financial things to your list as well. “We often focus too much on the negative, especially with money. Recognizing the good things, even if they’re very small — like resisting an impulse buy — matters a lot for habit development over the long-run,” she says. The objective is to train yourself to pay more attention to links between spending money and your general well-being. Touchy-feely stuff, I know, but hey — it costs nothing to try.
Parenting Apps
Co-Parenting Woes: There’s an App for That
By Darla Jackson and Jim Calloway
Ask any parent and they will likely agree that parenting is a difficult job in the best of circumstances. Co-parenting during and after a divorce, where negative feelings and miscommunication have often been the case, increases the difficulty of focusing on the interest of the children. In today’s app-filled world, you would expect there to be apps to help with clear communication, documentation and scheduling between co-parents, and there are.
This article covers six apps that can assist with co-parenting. The use of these apps may be ordered by a court.1 Sometimes family law attorneys or other professionals recommend the apps to their clients. Divorced or separated parents may locate these tools on their own.
The relationship between the parents, the technological competence of the parents, the device and platforms the apps utilize, the likelihood the parents will use the app and available budget are all factors to be considered when choosing such an app.
FEATURES
While not an all-inclusive list, some of the features of co-parenting apps are:
- Calendars with embedded tools to create parenting schedules, record upcoming events and make requests for trades in parenting time
- Expense and payment tracking tools that allow parents to communicate about parenting costs and to attach virtual receipts
- A banking feature that allows for transfers between parents’ banking accounts for parenting-related costs such as child support or medical expenses
- A feature to maintain a record of vital family information that both parents and caregivers have access to, such as medical insurance, medication, Social Security numbers, etc.
- A message board or message feature where important topics can be discussed
- An accountability tool that dates and timestamps all messages sent as well as the date and time when those messages were viewed2
APPS
We focus on six apps. There are others and, many of the others are discussed in the articles and blogs referenced.
OurFamilyWizard
OurFamilyWizard (OFW) is perhaps one of the most often recommended3 co-parenting apps. One attorney-authored blog about the app differentiates OFW from other similar apps, indicating that “[w]hile some co-parent communication tools only facilitate messaging, the OurFamilyWizard website offers a full suite of tools to help parents create parenting schedules, log expenses, send reimbursements, and share important family information.”4 One of the more unique features offered by OFW is its ToneMeter. The ToneMeter, sometimes referred to as an “emotional spellchecker,” will “identify and flag emotionally charged sentences within your OurFamilyWizard message. As intuitive as grammar or spell-check, ToneMeter goes beyond sentiment to gauge words and phrases against eight levels of connotative feeling, allowing the end user to make real-time corrections and adjust the overall tone of messages.”5 However, ToneMeter is currently available only for communications in English.
OFW is also favored by some attorneys because it “makes it easy for professionals to work with clients. OFW Family Law Practitioner provides a way to oversee parent activity and access court-ready reports at no cost.”6 Yet, while OFW is “one of the oldest and most established of the co-parenting apps [that] … has been developing and refining their program for the last 15 years”7 it received only a 2.2 average rating in the App Store. One attorney has suggested that although he recommended OFW for several years, in part, because of the cost, he has had few clients use the app and had received no feedback from those who did.8
The cost of OFW depends on the period of subscription and the package selected. The basic subscription is $99 per year for each parent.9 A professional account is free. As described by OFW, the “professional account gives you the ability to create parent accounts, manage a database of your clients, store important client documents online (judgment and decree, court orders, etc.), communicate with your clients, create client to do lists, and much more. This account gives you the ability to see what is actually going on in your cases. All of the information is directly tied to the parent accounts that you create.”10
If you already use a practice management solution with a client portal feature, you can share documents, events and information with your client. However, a practice management solution will not facilitate communications between co-parents. For attorneys wanting to offer the app as part of the legal services provided, OFW offers volume discounts which may represent significant savings depending on the number of subscriptions purchased. For example, for a firm that provides accounts to 20 clients the package pricing is $240 less than 20 individually priced accounts.11
2Houses
2Houses has been described as “on par with Our Family Wizard and slightly less expensive.”12 2Houses offers a calendar to organize events, share information about appointments, a journal to record notes and important reminders and an expense module to manage child-related expenses for both parents.13 One of the features of 2Houses users appreciate is the ability to upload and export photo albums.
Even though it has many features, the app is described as “very user friendly, organized, and intuitive.”14The cost of 2Houses is $10 per month or $120 per year for a family, regardless of the number of family members.
AppClose
AppClose is described on one law firm blog as:
It turned out to be my top choice … First, it’s free. Second, it’s very user friendly and has most of the features to address common parenting disputes. It keeps track of messages and shows you the latest when you open the app. The shared calendar provides schedule templates, with descriptions like “Alternating weeks” and an explanation of how that schedule is followed. Parents can use a template with specified days/times and apply it to one or more children, or have the option to customize the entire parenting time schedule. Parents have the ability to create events, notify family members, and create reminders. Parents can request a parenting time trade or drop off/pick up change in the app. The reimbursement request has an option to attach an image and allows parents to keep track of their share of the expense and payments that are made.
This app includes a place to keep important, detailed information about each child, but parents will need to do some customization when it comes to organizing that information. I found this app easy to navigate and fairly intuitive after getting accustomed to it. This would be the best alternative to the subscription services … Also, this app, available at appclose.com, has a separate side for attorneys to communicate with clients and accept electronic payments.”15
AppClose is a free download from the App Store or Google Play. Additionally, as suggested previously, AppClose integrates with LawPay to allow electronic payments.16
Kidganizer
Kidganizer is suggested as “great for a couple who find it difficult to get together, either because of divorce, [difficulty communicating well face to face], or time constraints”17 or if you “have a number of people involved in the care of your children and need a central point for communication and record keeping.”18 The app provides parents with the ability to create profiles for each child and input information including scheduling and finances. Updates to the system are in real time, allowing all users of the system to have access to current information.
The cost of Kidganizer is $1.99, but the app is not available for all platforms.
CustodyJunction.com
CustodyJunction.com is designed to facilitate co-parenting arrangements both before and after the divorce. The calendar and tracking features allow parents to schedule current and future visitation and support arrangements for a significant period of time in advance (up to two years). Custody Junction also generates customized reports on topics of concern such as visitation, support payments, expenses and hours spent with a child. The customized reports can be shared with third parties, including lawyers or court-appointed professionals.19
Custody Junction is a web-based service and the service cost “is an affordable $47” for a one-year subscription.20
Talking Parents
Talking Parents is a free service described as being “designed as a secure communication system for divorced and separated parents.”21 Talking Parents primary feature is a “secure” messaging system. The system is operated so that “conversations cannot be edited or deleted, allowing for both parents to maintain a verified record of past conversations. Files can be uploaded and attached to messages as well. The system tracks when messages are sent, when parents sign in and out of the system, and when parents view each message for the first time.”22 Additionally, the system has an export feature that, for a fee, allows parents to export a transcript of past communications to a PDF file.
A standard account is available for free. Parents can upgrade to a premium account for $4.99 per month. “Premium accounts include unlimited access to PDF records; a totally ad-free experience across all devices; a 10 percent discount on printed records; and access to our new iPhone and Android apps which include new message notifications right on their mobile device. Parents can cancel Premium status anytime and their account will revert back to a Standard account.”23
SECURITY CONCERNS
The discussion of “secure” systems brings to mind a caution regarding app security. While an in-depth discussion regarding the security measures included in these types of apps is beyond the scope of this article, before ordering, recommending or adopting an app, one should inquire about the security measures employed to protect the information and carefully review the terms of service. Although Talking Parents emphasizes that the app provides a “secure” environment, its terms of service does not address encryption or legal requirements for systems containing medical records. Rather, the terms of service contain the following language:
TalkingParents.com will attempt at all times to keep your information confidential, subject to the other provisions of these Terms …. Any breach of our security measures will be the sole responsibility of the breaching party and TalkingParents.com will not be subject to any sort of liability as a result. In the event of a security breach, TalkingParents.com will make every reasonable attempt to re-secure our services and will provide an explanation of the breach upon written request.24
It should also be noted that we did not test drive all of these apps. An extensive test drive of all features would be required before recommending the app to clients. At some point a client will ask the lawyer about some function of the app and the response of “I don’t know how to use the app” will not endear the lawyer to the client who had to learn how to use it.
CONCLUSION
There are numerous apps and online resources to assist with the woes of divorcing parents and their attorneys. While tools like client portals may help with communications between clients and attorneys, these tools facilitate more neutral communications between co-parents, reducing the temptation to use their children to carry important communications.
Divorcing and divorced parents are becoming more familiar with these tools and some family law attorneys are promoting and using them as evidenced by the number of reviews and blog posts we have cited. Lawyers with technology skills might develop their own tools, integrate existing resources with their practice management systems25 or suggest use of other communication resources, such as Facetime and Google Calendar.26
Lawyers who practice family law appreciate that the pain, both financial and emotional, of divorce often impairs parents’ ability to communicate and objectively consider what is in the best interests of the children. Knowing that communications are tracked and recorded should improve appropriate communication. Perhaps being “forced by the lawyers to use this app” will be the starting point for other types of cooperation. Cooperation and effective communication will help parents make the decisions about the care of their children and will likely make the work of attorneys and judges easier as well.
ABOUT THE AUTHORS
Jim Calloway is the director of the OBA Management Assistance Program and manages the OBA Solo & Small Firm Conference. He served as the chair of the 2005 ABA TECHSHOW board. His Law Practice Tips blog and Digital Edge podcast cover technology and management issues. He speaks frequently on law office management, legal technology, ethics and business operations.
Darla Jackson is the OBA practice management advisor. She earned her J.D. from the OU College of Law. She also holds a Masters of Library Science from OU and an LL.M. in international law from the University of Georgia School of Law. She has practiced as an Air Force judge advocate and served as a law library director at the University of South Dakota School of Law.
- “We have already seen technology assisting judges in family law cases. Parents have been ordered to provide Skype or Facetime to children so they can communicate with the other parent. They have also been ordered to use apps like “Our Family Wizard” to track parenting time, reduce divorce conflict and remove the “he said/she said” that keeps families returning to court over custody and coparenting issues.” Sharon D. Nelson & John W. Simek, Through a Glass, Darkly, 74 Or. St. B. Bull. 62 (2013-2014). Two apps, OFW and Talking Parents, even provides language that parties may suggest in preparing orders for courts. The OFW suggested language includes the following: “All parents entries shall be viewable via a Professional Account to both parties’ attorney(s) of record and the (Judge / Commissioner / Minor’sCounsel/ Parent Coordinator/ Special Masters /GAL ) assigned.” Our Family Wizard, Common Order Language. www.ourfamilywizard.com/sites/default/files/pdfs/Model_Language8.13.pdf. See also Talking Parents, Court Enforcement, www.talkingparents.com/court-enforcement.
- This list of possible features is summarized from Lisa Brick, A Must Have App to Co-Parent with Ease, Huff Post Blog (Aug. 30, 2016 05:34 pm ET, Updated Aug. 31, 2017), www.huffingtonpost.com/karen-mcmahon/a-must-have-app-to-copare_b_11549114.html.
- Natalie R. Kelly and Michael Monahan, Legal Tech Tips, Ga. B.J. 46, Oct. 2017, at 46, digitaleditions.walsworthprintgroup.com/publication/?i=441814#{“issue_id”: 441814,”page”:48}. recommends OFW as one of three coparenting apps. LawInfo, Co-Parent App Helps Manage Kids’ Lives, LawInfo Blog (May 3, 2017), blog.lawinfo.com/2017/05/03/co-parent-app-helps-manage-kids-lives/, also list OFW as an app to help with coparenting.
- John Harding, Our Family Wizard, Family Law Lawyer Tech & Practice (Jan. 20, 2017). familylawyertech.blogspot.com/2017/01/our-family-wizard.html.
- Our Family Wizard, Frequently Asked Questions – ToneMeter, Your Emotional Spell-Check, www.ourfamilywizard.com/help/tonemeter-your-emotional-spell-check.
- Id.
- Lisa Brick, A Must Have App to Co-Parent with Ease, supranote 2.
- Seif & McNamee, Getting the Most Out of Co-Parenting Technology, Seif & McNamee Blog (Mar. 29, 2017), law-oh.com/2017/03/29/getting-the-most-out-of-co-parenting-technology/.
- Our Family Wizard, Plans and Pricing, www.ourfamilywizard.com/plans-and-pricing(last visited Jan. 9, 2018).
- Id.
- Id.
- Seif & McNamee, Getting the Most Out of Co-Parenting Technology, supranote 8.
- Id.
- Id.
- Id.
- LawPay, AppClose, lawpay.com/appclose/(last visited Jan. 9, 2018).
- CoParents.com, Three Useful Co-Parenting Apps, CoParents.com Blog (Feb. 2, 2016), www.coparents.com/blog/three-useful-co-parenting-apps/.
- Lucy Good, 5 Apps for Calm and Controlled Co-Parenting, Beanstalk (Feb. 7, 2016, updated on Sept.9, 2017), beanstalkmums.com.au/co-parenting-apps-for-calm-and-controlled-parenting/(last visited Jan. 9, 2018).
- Tracey Dowdy, Apps to Help with Co-Parenting, TheOnlineMom (www.theonlinemom.com/apps-help-co-parenting/(last visited Jan. 9. 2018).
- CustodyJunction, Pricing, www.custodyjunction.com/pricing.shtml(last visited Jan. 9, 2018).
- Grant Toeppen and Lora Grevious, Co-Parenting Apps and Online Resources, Toeppen & Grevious (Jan. 13, 2016), grantandlora.com/co-parenting-apps-and-online-resources/.
- Id.
- Talking Parents, How it Works, www.talkingparents.com/how-it-works(last visited Jan. 9, 2018).
- Talking Parents, Terms of Service, Talking Parents (Sept. 15, 2017), www.talkingparents.com/terms-of-service.
- Yet there are security concerns that need to be addressed when resources are integrated or linked. Juliana Hoyt, Getting Up to Speed: Tech Savvy Tips for ADR Professionals – A Mile Wide, Inch Deep Review of Online Resources for Your Business, Vermont B.J. (Fall 2010), at 45, www.riverstoneresolutions.com/files/ADR%20Getting%20Up%20To%20Speed%20Tech%20Savvy%20Tips%20for%20ADR%20Professionals%20Hoyt.pdf(web-based version does not reflect pagination of print original).
- Brandie Weikle, Divorced Parenting in the 21st Century — There’s an App for That, TheStar.com (Mar. 24, 2016), www.thestar.com/life/2016/03/24/divorced-parenting-in-the-21st-century-theres-an-app-for-that.html, suggests the use of Google Calendar, and Damien McKinney, Co-Parenting In The Digital Age, www.themckinneylawgroup.com/co-parenting-digital-age/, addresses the use of Facebook.
Originally published in the Oklahoma Bar Journal — OBJ 89 pg. 28 (March 2018)
Don’t forget!
The Spacing Effect: How to Improve Learning and Maximize Retention
Reading Time: 12 minutes
We are not taught how to learn in school, we are taught how to pass tests. The spacing effect is a far more effective way to learn and retain information that works with our brain instead of against it. Find out how to use it here.
“Every perception is to some degree an act of creation, and every act of memory is to some degree an act of imagination.”
— Gerald Edelman, Second Nature: Brain Science and Human Knowledge
The most important metaskill you can learn is how to learn. Learning allows you to adapt. As Darwin hinted, it’s not the strongest who survives. It’s the one who easily adapts to a changing environment. Learning how to learn is a part of a “work smarter, not harder” approach to life—one that probabilistically helps you avoid becoming irrelevant. Your time is precious, and you don’t want to waste it on something which will just be forgotten.
During the school years, most of us got used to spending hours at a time memorizing facts, equations, the names of the elements, French verbs, dates of key historical events. We found ourselves frantically cramming the night before a test. We probably read through our notes over and over, a gallon of coffee in hand, in the hope that the information would somehow lodge in our brains. Once the test was over, we doubtless forgot everything straight away.1
Even outside of formal education, we have to learn large amounts of new information on a regular basis: foreign languages, technical terms, sale scripts, speeches, the names of coworkers. Learning through rote memorization is tedious and—more important—ineffective. If we want to remember something, we need to work with our brains, not against them. To do that, we need to understand cognitive constraints and find intelligent ways to get around them or use them to our advantage.
This is where the spacing effect comes in. It’s a wildly useful phenomenon: we are better able to recall information and concepts if we learn them in multiple, spread-out sessions. We can leverage this effect by using spaced repetition to slowly learn almost anything.
It works for words, numbers, images, and skills. It works for anyone of any age, from babies to elderly people. It works for animals, even species as simple as sea slugs. The effect cuts across disciplines and can be used to learn anything from artistic styles to mathematical equations.
Spaced repetition might not have the immediacy of cramming or the adrenaline rush of a manic all-nighter. But the information we learn from it can last a lifetime and tends to be effectively retained. In some ways, the spacing effect is a cognitive limitation, yet a useful one—if we are aware of it.
In Fluent Forever: How to Learn Any Language and Never Forget It, Gabriel Wyner writes:
Spaced repetition…[is] extraordinarily efficient. In a four-month period, practising for 30 minutes a day, you can expect to learn and retain 3600 flashcards with 90 to 95 percent accuracy. These flashcards can teach you an alphabet, vocabulary, grammar, and even pronunciation. And they can do it without becoming tedious because they’re always challenging enough to remain interesting and fun.
In Mindhacker, Ron and Marty Hale-Evans explore further:
Our memory is simultaneously magnificent and pathetic. It is capable of incredible feats, yet it never works quite like we wish it would. Ideally, we would be able to remember everything instantly, but we are not computers. We hack our memory with tools like memory palaces, but such techniques required effort and dedication. Most of us give up, and outsource our memory to smartphones, cloud enabled computers, or plain old pen and paper. There is a compromise…a learning technique called spaced repetition which efficiently organizes information or memorization and retention can be used to achieve near perfect recall.
“If you wish to forget anything on the spot, make a note that this thing is to be remembered.”
— Edgar Allan Poe, Marginalia
The Discovery of The Spacing Effect
Hermann Ebbinghaus (1850-1909), a German psychologist and pioneer of quantitative memory research, first identified the spacing effect. After earning his PhD in Germany, he traveled to London. Like so many people, he found his life forever changed by a book.
The work in question was Elements of Psychophysics by the pioneering experimental psychologist Gustav Fechner. Inspired by this book, Ebbinghaus began the research into memory that would consume his career and impact all of us.
Ebbinghaus took up his new field of study with the unbridled zest of a newcomer. He didn’t believe strongly in the prevailing understanding of memory at the time. In his wish to avoid getting bogged down in theory, he made everything about experimentation. As researcher and the sole subject of his experiments, he faced an uphill battle.
His most important findings were in the areas of forgetting and learning curves. These are graphical representations of the process of learning and forgetting. The forgetting curve shows how a memory of new information decays in the brain,2 with the fastest drop occurring after 20 minutes and the curve leveling off after a day.
There is a way to slow down the process of forgetting. We need only to recall or revisit the information after we originally come across it. Going over the information later, at intervals, helps us remember a greater percentage of the material. Persistence will allow us to recall with 100% accuracy all that we want to remember.
The learning curve is the inverse. It illustrates the rate at which we learn new information.
When we use spaced repetition, the forgetting curve changes:
Frequency matters. Under normal conditions, frequent repetitions aid memory. We know this intuitively. Just try to memorize this article on a single repetition. However much attention, focus, or individual ability you have, it won’t work.
Memory mastery comes from repeated exposure to the material. Ebbinghaus observes, “Left to itself every mental content gradually loses its capacity for being revived, or at least suffers loss in this regard under the influence of time.” Cramming is not an effective memorization strategy. Lacking the robustness developed in later sessions, crammed facts soon vanish. Even something as important and frequently used as language can decay if not put into use.
There are other ways to improve memory. Intensity of emotion matters, as does the intensity of attention. Ebbinghaus notes in his definitive work on the subject, Memory and Forgetting:
Very great is the dependence of retention and reproduction upon the intensity of the attention and interest which were attached to the mental states the first time they were present. The burnt child shuns the fire, and the dog which has been beaten runs from the whip, after a single vivid experience. People in whom we are interested we may see daily and yet not be able to recall the colour of their hair or of their eyes…Our information comes almost exclusively from the observation of extreme and especially striking cases.
Ebbinghaus also uncovered something extraordinary: even when we appear to have forgotten information, a certain quantity is stored in our subconscious minds. He referred to these memories as savings. While they cannot be consciously retrieved, they speed up the process of relearning the same information later on.
A poem is learned by heart and then not again repeated. We will suppose that after a half year it has been forgotten: no effort of recollection is able to call it back again into consciousness. At best only isolated fragments return. Suppose that the poem is again learned by heart. It then becomes evident that, although to all appearances totally forgotten, it still in a certain sense exists and in a way to be effective. The second learning requires noticeably less time or a noticeably smaller number of repetitions than the first. It also requires less time or repetitions than would now be necessary to learn a similar poem of the same length.
As the first researcher to undertake serious experimentation on memory and why we forget, Ebbinghaus transformed psychology as a new branch of science. His impact has been compared to that of Aristotle. Ongoing research into the spacing effect continues to support Ebbinghaus’s findings.
“There is no such thing as memorizing. We can think, we can repeat, we can recall and we can imagine, but we aren’t built to memorize. Rather our brains are designed to think and automatically hold onto what’s important. While running away from our friendly neighborhood tiger, we don’t think “You need to remember this! Tigers are bad! Don’t forget! They’re bad!” We simply run away, and our brain remembers for us.”
— Gabriel Wyner, Fluent Forever: How to Learn Any Language and Never Forget It
How the Spacing Effect Works
Let’s take a quick refresher on what we know about how memory in works, because it’s not what we think.
Memories are not located in any one part of the brain. Memories are formed in a process which involves the entire brain. If you think about your favorite book, different parts of your brain will have encoded the look of it, the storyline, the emotions it made you feel, the smell of the pages, and so on. Memories are constructed from disparate components which create a logical whole. As you think about that book, a web of neural patterns pieces together a previously encoded image. Our brains are not like computers – we can’t just ‘tell’ ourselves to remember something.
In Mastery, Robert Greene explains:
In the end, an entire network of neurons is developed to remember this single task, which accounts for the fact we can still ride a bicycle years after we first learned how to do so. If we were to take a look at the frontal cortex of those who have mastered something through repetition, it would be remarkable still and inactive as they performed the skill. All their brain activity is occurring in areas that are lower down and required much less conscious control…People who do not practice and learn new skills can never gain a proper sense of proportion or self-criticism. They think they can achieve anything without effort and have little contact with reality. Trying something over and over again grounds you in reality, making you deeply aware of your inadequacies and of what you can accomplish with more work and effort.
No definitive answer has been found to explain how the spacing effect works. However, a number of factors are believed to help:
Forgetting and learning are, in a counterintuitive twist, linked. When we review close to the point of nearly forgetting, our brains reinforce the memory as well as add new details. This is one reason practice papers and teaching other people are the most effective ways for students to revise—they highlight what has been forgotten.
Retrieving memories changes the way they are later encoded. In essence, the harder something is to remember now, the better we will recall it in the future. The more we strain, which is painful mental labor, the easier it will be in the future. There is no learning without pain. Recall is more important than recognition. This explains why practice tests are a better way to learn than opening your text and re-reading your highlights.
Our brains assign greater importance to repeated information. This makes sense; information we encounter on a regular basis does tend to be more important than that which we only come across once. Disregarding any forms of mental impairment, we don’t have trouble recalling the information we need on a daily basis. Our PIN, our own telephone number, the directions to work, and names of coworkers, for example. We might once have struggled to remember them, but after accessing those sorts of information hundreds or thousands of time, recall becomes effortless.
Some researchers also believe that semantic priming is a factor. This refers to the associations we form between words which make them easier to recall. So, the sentence ‘the doctor and the nurse walked through the hospital’ is easier to remember than ‘the doctor and the artist walked through the supermarket’ because the words ‘doctor’ ‘nurse’ and ‘hospital’ are linked. If you are asked to remember a logical sentence such as ‘mitochondria is the powerhouse of the cell’, it’s not too difficult. If those same words are scrambled and become ‘cell the house mitochondria power is of’ it’s a lot harder to remember. And if those words are broken up into nonsensical syllables – ‘th ell ce he ous hon mit odria fi of’ – retaining them would become arduous. But some researchers have theorised that repetition over time primes us to connect information. So, if you revised ‘th ell ce he ous hon mit odria fi of’ enough times, you would start to connect ‘th’ and ‘ell.’ We can demonstrate semantic priming by telling a friend to say ‘silk’ ten times, then asking them what a cow drinks. They will almost certainly say ‘milk.’ The answer is, of course, water.
Yet another theory is that of deficient processing. Some literature points to the possibility that spaced repetition is not in itself especially efficient, but that massed learning is just very inefficient. By comparison, spaced repetition seems special when it is, in fact, a reflection of our true capabilities. Researchers posit that massed learning is redundant because we lose interest as we study information and retain less and less over time. Closely spaced repetition sessions leverage our initial interest before our focus wanes.
With properly spaced repetition, you increase the intervals of time between learning attempts. Each learning attempt reinforces the neural connections. For example, we learn a list better if we repeatedly study it over a period of time than if we tackle it in one single burst. We’re actually more efficient this way. Spaced sessions allow us to invest less total time to memorize than one single session, whereas we might get bored while going over the same material again and again in a single session. Of course, when we’re bored we pay less and less attention.3
In Focused Determination, the authors explain why variety also contributes to deficient processing.
There is also minimal variation in the way the material is presented to the brain when it is repeatedly visited over a short time. This tends to decrease our learning. In contrast, when repetition learning takes place over a longer period, it is more likely that the materials are presented differently. We have to retrieve the previously learned information from memory and hence reinforce it. All of this leads us to become more interested in the content and therefore more receptive to learning it.
“How do you remember better? Repeated exposure to information in specifically timed intervals provides the most powerful way to fix memory into the brain. …Deliberately re-expose yourself to the information more elaborately, and in fixed, spaced intervals, if you want the retrieval to be the most vivid it can be. Learning occurs best when new information is incorporated gradually into the memory store rather than when it is jammed in all at once.”
— John Medina, Brain Rules
Taking Advantage of the Spacing Effect
We don’t learn about spaced repetition in school—something which baffles many researchers. Most classes teach a single topic per session, then don’t repeat it until the test.
Going over a topic once teaches very little—sometimes nothing at all, if the teacher is unengaging or the class is too long. Most teachers expect their students to take care of the memorizing part themselves. As a result, many of us develop bad learning habits like cramming to cope with the demands of our classes.
We need to break up with cramming and focus on what actually works: spaced repetition.
The difficulty of spaced repetition is not effort but that it requires forward planning and a small investment of time to set up a system. But in the long run, it saves us time as we retain information and spend less total time learning.
A typical spaced repetition system includes these key components:
- A schedule for review of information. Typical systems involve going over information after an hour, then a day, then every other day, then weekly, then fortnightly, then monthly, then every six months, then yearly. Guess correctly and the information moves to the next level and is reviewed less often. Guess incorrectly and it moves down a level and is reviewed more often.
- A means of storing and organizing information. Flashcards or spaced repetition software (such as Anki and SuperMemo) are the most common options. Software has the obvious advantage of requiring little effort to maintain, and of having an inbuilt repetition schedule. Anecdotal evidence suggests that writing information out on flashcards contributes to the learning process.
- A metric for tracking progress. Spaced repetition systems work best if they include built-in positive reinforcement. This is why learning programs like Duolingo and Memrise incorporate a points system, daily goals, leaderboards and so on. Tracking progress gives us a sense of progression and improvement.
- A set duration for review sessions. If we practice for too long, our attention wanes and we retain decreasing amounts of information. Likewise, a session needs to be long enough to ensure focused immersion. A typical recommendation is no more than 30 minutes, with a break before any other review sessions.
The spacing effect is a perfect example of how much more effective we can be if we understand how our minds work, and use them in an optimal way. All you need to learn something for life are flashcards and a schedule. Then, of course, you’re free to move on to actually applying and using what you’ve learned. Tagged: Gabriel Wyner, Gustav Fechner, Hermann Ebbinghaus, Memory, Robert Greene
Footnotes
- 1 When is the last time you used a2+ b2= c2 in real life?
- 2 This is different than the half-life of knowledge, the process by which information in memory becomes less valuable because your understanding of the world has changed.
- 3 You can test this by asking yourself what your last meeting yesterday was about.
Source: https://fs.blog/2018/12/spacing-effect/