Writing a Will is one of the most important things you can do to protect your family. In this blog, our Will solicitors explain why you should make a Will and the things to consider. Contact Evolve Family Law for advice on writing a Will. Why write a Will? You should make a Will because a Will can: Set out how you want things to be dealt with after you have passed away. Provide for your family and loved ones. Protect your family. Help reduce the inheritance tax payable on your estate. Through estate planning, you can reduce the inheritance tax payable on your estate. If you leave all your estate to your spouse, civil partner, or to charity, there is usually no tax to pay. There are other ways to reduce the inheritance tax payable, such as placing all or part of the estate in trust or making lifetime gifts.   What is a Will? A Will outlines how you want your estate distributed after your death. As well as specifying who will inherit and what they will inherit, your Will can also: Appoint executors to administer your estate. Appoint a testamentary guardian. Appoint substitute beneficiaries in case the intended beneficiaries die before you. Create a trust. Explain why your estate, or part of it, is not being left to people who might have an estate claim. Offer comfort to loved ones, as they will know you took time and trouble to protect them with a Will.   Wills and protection Not having a Will makes an already devastating time for your family even more difficult. Having a Will offers protection because: Those who would not receive a share of an estate under intestacy rules can be left the estate or legacies, such as unmarried partners or stepchildren. If there are children from a previous marriage, the Will can leave their estate between their spouse and their children as the Will maker thinks is appropriate. If the deceased is a business owner, the Will, a shareholder agreement, or cross-option agreement can provide business continuity until the business is sold or transferred to the chosen beneficiary or other business shareholders as part of the cross-option agreement. Wills and protecting children As well as providing a legacy for a child, a Will can protect a child by: Appointing trustees in the Will who deal with the legacy until the child is of an age to inherit. Providing a specified age for inheritance, such as at age 18, 21, or a later age. Giving the trustees the power to advance capital or income to the child before the age of inheritance. Placing money in a discretionary trust so the child is protected from potential future claims, for example, by a step-parent. Appointing a testamentary guardian. A testamentary guardian can be appointed in a Will for any child under the age of 18 at the time of their parent’s death. Although family members can dispute who cares for a child after a parent’s death, the appointment of a testamentary guardian is compelling evidence of who the Will-maker thought would be the best person to bring up their child.   What is Intestacy? If a person dies without making a Will, then they die intestate. Problems with intestacy include: The deceased’s estate is distributed in accordance with intestacy rules. The intestacy rules are inflexible and dictate who inherits the estate. The intestacy rules mean relatives inherit according to a strict order, set out in legislation. The beneficiaries of the estate under intestacy rules will be the closest biological relatives, but not necessarily those closest to the deceased or those in the greatest financial need. The intestacy rules may not reflect how the deceased would have left their estate if they had made a Will.   The effect of intestacy The unintended effects of intestacy include: An unmarried partner or stepchildren will not inherit under the intestacy rules. An estranged husband or wife may inherit. Family members may bring claims against the estate because they believe the intestacy rules do not make reasonable provision for them. The estate may pay more in inheritance tax because estate planning did not take place. You might also be interested in [related_posts]   Frequently Asked Questions on Wills  Do I need a Will if I have a Lasting Power of Attorney? A Lasting Power of Attorney provides the authority for your attorneys to handle your financial or health and welfare affairs during your lifetime. A health and welfare Lasting Power of Attorney only becomes operative if you lose capacity to make your own decisions, and both types of Power of Attorney end on death. You therefore need a Power of Attorney and a Will. Do I need a Will if I want to leave everything to my wife? It's still a good idea to make a Will even if you want to leave everything to your husband or wife. Depending on your family situation and the size of your estate, your spouse may not receive the entire estate under intestacy rules. In addition, a Will allows you to appoint executors and trustees, estate plan, provide substitute gift clauses if your spouse predeceases you (so you do not need to change the Will) and create a trust in your Will. Do I need a new Will if I divorce?   If you have a Will and get divorced, any bequests to your ex-spouse or their appointment as your executor are cancelled. However, it's best to get a new Will when you divorce so you can discuss what you would now like to happen to your estate with your Will solicitor and obtain advice on how to minimise the risk of a former spouse claiming a share of your estate if you have not obtained a clean break financial court order. How much does a Will cost? Evolve publishes a price guide outlining the cost of a Will. If you have an existing Will, a Will solicitor can check and review your existing Will for you. It is sensible to get your Will checked because family and personal circumstances change, or your Will may no longer be as tax-efficient as it could be. If you have complex financial and business affairs and need in-depth advice on trusts, estate planning, tax, or domicile, our Will lawyers can provide a bespoke quote. Contact Evolve Family Law for advice on writing your Will.  

In this article, our family lawyers explain the legal definition of domestic violence and how you can protect yourself from it.   Contact Evolve Family Law Today for Family Law Advice.   What is domestic abuse? Domestic abuse can be referred to as domestic violence, partner abuse or family-based violence. Whatever label is given to domestic abuse, it involves any incident or series of incidents of controlling, coercive, threatening, abusive or violent behaviour. Domestic abuse includes: Physical violence. Sexual abuse. Emotional or physiological abuse. Economic abuse. Coercive and controlling behaviour. Harassment Online and digital abuse. Stalking.   Victims of domestic abuse A victim of domestic abuse can be anyone in an intimate or family relationship. Most victims of domestic abuse are women. However, men experience domestic abuse from female or same sex partners. Children can also sadly experience abuse either directly through being hit or experiencing emotional abuse through witnessing a parent experience domestic abuse. In many families, the domestic abuse is not always apparent to extended family, professionals or outsiders. However, that does not mean that it is not occurring. A victim of domestic abuse does not need their abuser to have been arrested or convicted of an offence to qualify as a victim or to receive help from family lawyers or other professionals.   Types of domestic abuse Some people do not understand the scope of domestic abuse in its various forms. Here are some examples of the range of domestic abuse: Physical abuse ranging from extreme violence to a punch, shove or push. Sexual abuse includes all forms of unwanted sexual contact and is not limited to rape. Psychological, mental or emotional abuse can range from mental mind games, gaslighting and derogatory remarks. For example, telling someone they are a nutter, ugly or stupid. Harassment ranging from stalking type behaviour outside someone’s home to online harassment on social media accounts. Financial abuse can take many forms, such as restricting a spouse’s access to money and to their bank account. Coercive control covers anything from not allowing a spouse to leave the family home unaccompanied to controlling what a spouse wears or eats.   Response to domestic abuse The response of many victims of domestic abuse can be confusing, as they may: Accept the behaviour, as often a spouse will be told that the domestic abuse is their fault, and so they learn to accept the behaviour as part of the relationship. For example, victims are told that the abusive behaviour is normal, and they are not. Normalise the behaviour, thinking that an assault is just a slap. Deny the behaviour by thinking that the domestic abuse is all in their mind, after having been repeatedly told that they are the ones with the mental illness. Respond to the behaviour with abuse by starting to become abusive to their spouse or others, as domestic abuse has become the ‘’norm’’ within the household. Justify the behaviour to the children or others. For example, saying that the domestic abuse only happens because of a spouse’s stressful job or family pressures. A family law solicitor can advise and help you leave an abusive relationship and explain the sort of help that organisations and charities offer to help you understand how you were groomed into thinking that the abuse was an acceptable part of your relationship.   The impact of domestic abuse Most experts agree that being subjected to or witnessing domestic abuse can lead to: Low self-esteem. Low mood. Isolation from friends and family. Indecisiveness. A spouse may only decide to leave a partner when they see the impact that adult domestic abuse is having on their children. Even if the children do not see the abuse, the atmosphere and tension in the family home can be very damaging to their welfare.   [related_posts]   Injunction court orders An injunction order is one means of protecting yourself or your children from domestic abuse. An injunction is a court order stopping a named person from taking a step or ordering a step to be taken, such as: Stopping an assault or harassment by an ex-partner. This is called a non-molestation order. Ordering one spouse to leave a family home or stay away until the court decides what should happen long-term with the family home. This is called an occupation or ouster order. Removing a child from one parent’s care if there is a fear of child abduction. Preventing one spouse from taking money and assets until the court decides how property and assets are split in the financial settlement. This is called a Section 37 injunction or freezing order. If you are concerned about your children, the court can also make an urgent child arrangements order. This child order determines with whom your child should live and whether your child should have contact with the other parent. In an emergency, the court can make temporary urgent orders.   Frequently Asked Questions on Injunctions How do you get an injunction order? To obtain an injunction, an application is made to the family court supported by a statement. The evidence you need for the injunction depends on what you are trying to stop or prevent. The court may make an injunction order without your spouse being present if the judge considers the situation urgent. The court will list a hearing where your spouse or partner can attend and oppose your application or object to the injunction continuing if the court has made a temporary order in their absence.   What are the grounds for an injunction order? The grounds depend on the injunction order that is requested from the court. If you are worried about your safety or the physical or emotional safety of your child, Evolve Family Law can assess your options, including the option of applying for an injunction order.   Is an injunction order permanent? Typically, injunctions are temporary court orders designed to help a family until they, or, if necessary, the court, can make long-term decisions about the custody and contact arrangements for a child, or about the sale or transfer of the family home. However, an injunction can be an essential protective measure needed before long-term decisions are made.   Legal help with domestic abuse If you are in an abusive relationship and need help from an injunction solicitor, we can advise you on your options and help you secure an injunction order. Contact Us Today

In this blog, our family law solicitors look at the concept of parental responsibility and how, in exceptional circumstances, some fathers can have it removed.   Contact Evolve Family Law Today for Family Law Advice.   What is parental responsibility? Under the Children Act 1989, parental responsibility is defined as the legal rights, duties, powers, responsibilities, and authority a parent has for a child.   ​Who has parental responsibility for a child? A biological mother automatically has parental responsibility for their child. If others have parental responsibility for a child, the responsibility is shared equally; the mother’s parental responsibility does not give her more rights than the others with parental responsibility for the child. Family law says that a biological father has parental responsibility for his child if he falls into one of these criteria: The father is married to the child’s mother or in a civil partnership with her. The father was married to the child’s mother, but they are now separated or divorced. The father was not married to the mother, but the child was born after 1 December 2003, and the father is named on the child’s birth certificate. The father and mother signed a parental responsibility agreement to give the father parental responsibility. The father obtained a parental responsibility order from the family court.   What does it mean to share parental responsibility with a father? Understanding what parental responsibility means is vital before you can consider what is involved in sharing it with your ex-partner, or whether it is necessary to try to remove it. Parental Responsibility is defined as the obligations and responsibilities a parent (or anyone else who has parental responsibility) has for a child. If you have parental responsibility for your child, you have: A say in major parenting decisions, such as the choice of a new school or whether a young child should follow a vegan diet or be brought up in a specific faith.  The right to receive information, such as school reports or medical information. The ability to give consent on behalf of your child. If the other parent does not agree to what you are consenting to on behalf of your child, then you can ask the court to make a prohibited steps order or a specific issue order.   How should parents share parental responsibility? Ideally, parents should try to reach an agreement on any aspects of parenting where they cannot agree on what is best for their child. The disputed issue could be as simple as whether a child should have their ears pierced or eat a gluten-free diet, or be as complicated as whether a child should have major surgery or be taken overseas to live after a parental separation. Family mediators, family counsellors, and family law solicitors can help parents reach an agreement on aspects of parenting where there is parental disagreement.   Problems with sharing parental responsibility for your child  It can be challenging to share parental responsibility for a child, particularly if you are separated or divorced and: You are the one who carries out all the day-to-day care of the child, but the other parent thinks they know best. The other parent is working but will not provide financial maintenance or child support. The other parent does not have contact with the child or only does so infrequently, at times to suit them. You and the other parent have different parenting styles, routines and attitudes to how best to bring up a child. You had an acrimonious separation, or there was domestic violence during the relationship You think that your ex-partner is only using their parental responsibility to try and maintain a relationship with you, or to control you, and they are not interested in the child and what is in the child’s best interests.   When does parental responsibility end?  Parental responsibility will end when: A child reaches 18 years, or A child gets married, or A child arrangement order is discharged provided the parental responsibility was conferred by the making of the child arrangement order, or The child is adopted or made the subject of a parental order, or The court makes a family law order under the Children Act to end a father’s parental responsibility.   How do you remove parental responsibility from a mother? The law says that a biological mother of a child can only lose parental responsibility for her child if the child is adopted or the child is made the subject of a parental order after a surrogacy arrangement. The law is different when it comes to fathers losing parental responsibility for their child.   How do you remove parental responsibility from a father? If a father is or was married to the child’s mother or is or was in a civil partnership, then he has automatic parental responsibility for the child. This means the mother cannot ask the court to order the removal of the father’s parental responsibility. However, the mother can apply to the family court for other orders. For example, she could ask the court to make a child arrangement order that says her child lives with her and is to have no contact with their father. If an unmarried father has obtained parental responsibility for his child by signing a parental responsibility agreement or by a parental responsibility court order, then an application can be made to the court to remove his parental responsibility for his child. The law says that a family law judge should only terminate a father’s parental responsibility for the child if: The circumstances are exceptional, and The termination of parental responsibility is in the child’s best interests. The court will not end an unmarried father’s parental responsibility for his child because he has decided to separate, is not having contact or is not paying child support. These are not considered to be exceptional situations.   [related_posts]   Applying to the court to remove a father’s parental responsibility It is best to take specialist parental responsibility advice from a family law solicitor before applying to court to remove a father’s parental responsibility, as a court will only end a father’s parental responsibility if the circumstances are exceptional and if the father did not have automatic parental responsibility by virtue of their marriage or civil partnership. The types of exceptional situations that have led to the ending of parental responsibility include: Significant and extended domestic violence. Physical abuse of a child. Committed child sexual abuse. An absent parent will not usually meet the exceptional criteria, nor will a parent who fails to pay child support.   Factors the court considers when ordering the termination of parental responsibility The family court will consider the following when deciding whether to terminate parental responsibility: The best interests of the child. The child’s wishes and feelings, if the child is of such age and understanding to have a view. Any physical, sexual or emotional abuse the child has experienced. The capacity of each parent to meet their child’s needs. The parents' involvement in the child's life. Any previous misuse of parental responsibility.   Alternative court orders to an order ending parental responsibility  Although a mother may struggle to secure an order to remove a father’s parental responsibility, they may be successful in getting other children's law orders to resolve the difficulties of sharing parental responsibility where there is ongoing disagreement. Available orders include: Child arrangement orders. Specific issue orders. Prohibited steps orders. Although these court orders do not remove a father’s parental responsibility for his child, they can significantly limit the father’s involvement in the child’s upbringing. For example, a child arrangement order can stop direct contact between a father and a child, a prohibited steps order can stop a father from attending a child’s school or nursery, and an injunction order can prevent the father from going to the child’s home address. An experienced children law solicitor will talk to you about the alternatives to a court application, such as a roundtable meeting, or they can provide legal support during family mediation.   Change in the law on ending parental responsibility  In October 2025, the government announced plans to automatically restrict the exercise of parental responsibility in situations where a person with parental responsibility has been convicted of a serious sexual offence against any child, and where a child is born of rape. These changes will be brought into force through the Victims and Courts Bill.   Contact Evolve Family Law At Evolve Family Law, our children law specialists can advise you on the meaning and scope of parental responsibility and what you can do with it. We are highly experienced in helping parents resolve parental disputes and, in exceptional situations, in securing orders to terminate parental responsibility.   Contact Evolve Family Law Today for Family Law Advice.

The government has announced its intention to change the parental rights law and the presumptions contained in the Children Act 1989. Our family lawyers look at what the changes will mean for separated and divorced couples negotiating parenting arrangements and applying to court for children orders under the Children Act.   Contact Evolve Family Law Today for Family Law Advice.   Parental rights and the Children Act 1989 The Children Act defines the concept of parental responsibility and says: Who automatically has parental responsibility for a child when the child is born. Who can acquire parental responsibility by agreement or court application. Who gets parental responsibility if a child arrangement order is made in favour of a non-parent. How parental responsibility can be lost. What authority is given to those with parental responsibility. The government does not intend to change the law on parental responsibility, but instead shift the presumption of parental involvement.   Presumption of parental involvement enshrined in the Children Act 1989 The Children Act states that when the family court is considering making, varying or discharging some types of children law court orders, the judge is to presume that, unless the contrary is shown, the involvement of a parent in the child’s life is in the child’s best interests and will further their welfare. The type of court orders to which this presumption applies includes: Child arrangement order applications. Specific issue order applications. Prohibited steps order applications.   Change to the presumption of parental input The government intends to repeal the presumption of parental involvement when parliamentary time allows. When the presumption is no longer enshrined in the Children Act 1989, the judge determining some types of children law applications will not start from the premise or assumption that the involvement of a parent in the child’s life will further the child’s welfare. Instead, a judge will need to: Review and assess the evidence. Consider the child’s welfare and the child’s best interests rather than assuming parental involvement is in the child’s best interests.   Why is the government intending to change the Children Act 1989?  The government plans to repeal the presumption of parental involvement after calls from children's organisations and domestic violence agencies. When announcing the proposed change, the government stated that retaining a presumption of parental involvement could lead to prioritising contact over child protection and safeguarding. The government press release can be found here. Domestic abuse charities have long argued that repealing the presumption in favour of contact and parental involvement will not only protect the children but also the parent who has been subjected to domestic abuse. When the presumption is repealed, the change in approach will focus the court on the child’s welfare rather than parental rights.   Parental rights or child welfare  The planned appeal of the presumption in favour of parental involvement is a nuanced amendment. That’s because, under the Children Act, a judge must decide a child law application based on their assessment of the child’s best interests, after considering the welfare checklist in the 1989 Act. The welfare checklist includes: The ascertainable wishes and feelings of the child or children (considered in the light of the child’s age and understanding). The child’s physical, emotional and educational needs. The likely effect on the child of any change in their circumstances. The child’s age, sex, background and any characteristics which the court considers relevant. A relevant characteristic, for example, is whether a child is neurodiverse. Any harm which the child has suffered or is at risk of suffering. This includes all types of domestic abuse, including emotional abuse or witnessing parental domestic violence. How capable each of the parents, and any other person in relation to whom the court considers the question to be relevant, is of meeting the child’s needs. A child’s needs are not limited to physical needs, such as housing, but include emotional and educational needs. The range of powers available to the court under the Act.   The government has said it does not intend to change the welfare criteria, and many experts will remain of the view that, in most family situations, it is in a child's best interests to maintain a relationship with both parents after a separation or divorce.  However, there will be a shift in emphasis from parents' rights to the child's needs.   [related_posts]     What will the change in law mean for parents? When the law changes, parents will need to understand the nuances. When asking the court for contact under a child arrangement order or asking the court to refuse contact or to limit contact to a supervised setting, parents and their family law solicitors will need to focus their arguments less on parental rights and more on why the order they are seeking is the best order for the child. Many Children Act child arrangement order decisions will remain challenging or finely balanced, such as: Where there are disputed allegations of domestic violence. Where there is clear evidence of abuse, but an older child wants contact, despite the potential risks. If there is a fear that a parent is pursuing contact to maintain ongoing contact with the abused parent and to exercise control.   Getting help with agreeing on parenting arrangements after a separation or divorce At Evolve Family Law, our specialist Northwest family solicitors can help you resolve child care arrangements after a separation or divorce through: Legal advice so you know your rights as a parent and potential court outcomes if you apply or respond to an application for a child arrangement order, specific issue order or prohibited steps order. Solicitor negotiations to help you reach an agreement over contact and residence arrangements. Parenting plans through mediation. Representation in applications for orders under the Children Act or injunction orders.   Contact Evolve Family Law Today for Family Law Advice.  

We all fear some appointments, whether it's with a doctor or dentist, or meeting your family lawyer for the first time. In this blog, family law solicitor Louise Halford looks at how to get the most out of your first meeting with your family lawyer.   Contact Evolve Family Law Today for Family Law Advice.   In this article, we look at: Choosing your family law solicitor Timing your appointment Company at your appointment Preparing for your appointment Talking to your family solicitor   Choosing your family law solicitor Before your initial consultation with your family law solicitor, it is best to do some research on whether your family lawyer and the firm are the right fit for you. Just because a friend found a family solicitor wonderful in their divorce, it doesn’t mean they will necessarily be right for you, or that they are experts in the area of family law you need help with. At Evolve Family Law, we believe in being proactive in helping you choose the right solicitor for you. That’s why our website includes information about: The lawyers Our fee guide Our client reviews.   We will also speak to you to ensure you are seeing the best solicitor for your needs at your initial consultation. That’s because family lawyers, just like consultants and surgeons, specialise in different areas. If you need urgent advice about child abduction fears and child relocation orders, you don’t want to see a solicitor who has a particular interest in family finance on divorce or international prenuptial agreements.   Timing your appointment It is never too early to have an initial consultation with a family law solicitor. It can be helpful for you to learn about likely children or financial settlement options should you go ahead with a planned separation. That way, you can make informed choices. Taking family law legal advice does not commit you to starting children law or financial court proceedings, but it does help you work out the best options for you, through having the information you need about: Your rights. Likely court outcomes. Alternatives to going to court (called non-court alternative dispute resolution). The timescales and costs of each option.   You might also be interested in [related_posts]   Company at your appointment Bringing someone with you to an appointment can be helpful. A friend or family member can ensure you ask the questions you need answered. They can also discuss the advice you received with you after the meeting. All family solicitors ask is that you choose the person carefully if you decide to bring someone to the appointment. That is because you may be discussing personal issues or financial matters at your consultation. Your family lawyer will not want you to feel inhibited and unable to be totally open about the personal or financial reasons why you need family law help and legal advice. Also, a family friend or relative should be there to provide support, rather than take over the appointment to discuss their own family law problems or their views on your relationship or family law issue. If they do that, it is frustrating for both you and your family lawyer, as the focus should be on you. Therefore, if you want company at your appointment, think about who will provide the best support to help you get the most out of your consultation.   Preparing for your appointment Whilst you are welcome to turn up to your phone, online or office appointment, it can help to prepare for the appointment. We don’t mean anything ‘too heavy’ by this. Just think about why you need advice and the background. For example, your family solicitor will want to know the date of your marriage, the date of separation, when your children were born or the approximate date of when an incident occurred. It is surprising how easy it is to forget dates or only to remember the questions you wanted to ask your solicitor after your consultation. Lawyers like questions, so bring a list of questions with you. Whilst a family lawyer may not be able to answer all your questions at a first meeting fully, they will be able to tell you what information they need to gather to answer your queries fully.   Talking to your family solicitor An initial consultation with a family solicitor is a two-way street; your family lawyer needs to know a bit about you, your family law query, and your goals. Armed with that information, a family solicitor can help you get the best out of an initial consultation. Consultations work best when you have the confidence to ask your questions. You therefore should not worry about whether your questions are too basic or whether your solicitor will think you should know the answers. Likewise, your lawyer may need to ask you some questions that you don’t think are relevant to your circumstances or will help in answering your questions. However, some questions will help your lawyer understand the circumstances, enabling them to determine the best way to answer your questions as accurately and thoroughly as possible.   Relationship breakdown: comprehensive initial review At Evolve Family Law, we offer a fixed-price relationship breakdown review meeting with a solicitor, covering all legal and practical aspects of your situation, including an assessment of the best routes to resolution. This is a one-off fee. You can then decide if you want to instruct us to take additional steps, such as starting no-fault divorce proceedings, applying for a child arrangement order, or applying for a relocation order.   Contact Evolve Family Law Today for Family Law Advice.  

The family law solicitors at Evolve Family Law are regularly consulted about common law marriage rights by unmarried partners and former cohabitees. In this article, we look at the myth of common-law marriage.   Contact Evolve Family Law Today for Cohabitation Law Advice.   What is common law marriage? Legally, there is no such thing as a common-law marriage. Common law marriage is a myth. In English family and property law, common law marriage is not a legally recognised concept. If you are cohabiting with an unmarried partner, you do not get rights as a cohabitee if you view yourself as being in a common-law marriage with your partner. An unmarried relationship does not become a common law marriage because of the number of years you have been living together. You do not get common law marriage status whether you have been in a cohabiting relationship for 2 years or 20 years.   Cohabitation rights If you don’t get cohabitation rights through common-law marriage, how do you get cohabitation rights? Family agreement solicitors say there are ways to get rights as an unmarried partner, but it is best to understand how you can get those rights before you: Move in with your partner. Have children together. Rule out getting married or entering a civil partnership. Buy a property together. Make significant property, pension or financial decisions. Make a Will. Unfortunately, too many unmarried couples only find out about their cohabitation rights (or lack of them) after they split up with their partner.   Getting rights as an unmarried partner As an unmarried partner, your cohabitation rights can come from: Joint property ownership – you can jointly own property either as tenants in common or joint tenants. The way you own property can significantly impact what happens to it if you split up or if one of you passes away. That’s why it is best to take family law legal advice before you jointly buy a property as an unmarried couple. Sole property ownership – you can claim a share of a property even if it is owned in the name of your partner. A claim can potentially be made under property or trust law if you can show that you have an equitable interest in the property. A cohabitation agreement or deed of trust – if you reach an agreement with your partner, either at the outset of your relationship or during it, you can set out your agreement and rights in a cohabitation agreement (or deed of trust if the agreement relates solely to a specific property). If you have dependent children with your unmarried partner, you may also have the right to claim: Child support through the Child Maintenance Service or through the family court if the Child Maintenance Service does not have jurisdiction, or if the Child Maintenance Service has made a maximum assessment under their child support formula. If the Child Maintenance Service makes a maximum assessment, you can apply to the family court for top-up maintenance. Lump sum payment to meet a child’s specific needs. Housing for the child whilst the child is dependent – this type of housing provision ends when the child is age 18 or 21. School fee payments if your child is being educated privately. Disability-related extra costs of caring for a child with a disability. The bottom line is that, however long your unmarried relationship lasted, you do not have the same legal rights as a civil partner, husband, or wife. For example, as an unmarried partner, you cannot claim: A share of the family business – unless you are a shareholder or a business partner, or you can successfully argue that ownership of all or part of the business was held in trust for you. A share of your partner’s pension. Spousal maintenance. A share of investment portfolios held in your partner’s sole name unless you can argue that the investments were held in trust – something that is very hard to do.   Disputed cohabitation rights In cases involving unmarried partners, the family court must follow property and trust law to resolve disputes over ownership. If you are married or in a civil partnership, the family court looks at a range of statutory factors to achieve fairness. That’s why in divorce proceedings, the court can exercise a lot more discretion, and there is less likelihood of one partner walking away with nothing after a long relationship. If you are engaged to marry or married and you do not like the idea of the family court having such a degree of flexibility in divorce financial settlement proceedings, you can either sign a prenuptial agreement or a postnuptial agreement to record how family assets should be split if you separate.   You might also be interested in [related_posts]   Cohabitation rights and estate planning If an unmarried partner dies without making a Will (intestate), the surviving cohabitant has no automatic right to their partner’s estate. The surviving partner could claim a share of the deceased’s estate, but this would involve court proceedings against the deceased’s relatives who inherited the estate under the intestacy rules. To succeed in a claim, the claimant needs to show that the intestacy rules did not make reasonable financial provisions for them as an unmarried partner. This is why it is vital that if you are in an unmarried relationship, you and your partner make a Will and carry out estate planning.   Protection for you as a cohabitee Family lawyers understand that financial hardship due to the breakdown of a cohabiting relationship is a realistic possibility. In many cases, the hardship results from property ownership decisions made by the couple during the relationship. If a married couple make the same property ownership decisions during their marriage, the family court has the discretion and power to make orders that it thinks are fair to both husband and wife or both civil partners. In a non-married relationship, a family judge does not have the same degree of flexibility. In cases involving cohabiting couples, the court must divide the property or assets of an unmarried couple based on property and trust law rather than housing or other needs. The best option for cohabitants concerned about property issues and protection if they split up from their partner is to sign a cohabitation agreement. This document is a form of contract that outlines a couple’s decisions regarding what will happen to their property upon separation. It works like a prenuptial agreement, and if appropriately drafted by a specialist family lawyer, should be upheld by a court. The cohabitation agreement should be accompanied by both cohabitees signing Wills and Lasting Powers of Attorney. If you need advice on a cohabitation agreement or need legal advice after separating from your cohabitee, Contact Evolve Family Law Today for Cohabitation Law Advice.  

If your child has been taken out of the UK by one parent without the other parent’s parental permission, then this may amount to parental child abduction. This type of child abduction is on the increase because of the rise in families living in the UK with international connections. In this article, child abduction solicitor Louise Halford looks at return orders after child abduction from the UK.   Call Evolve Family Law for specialist family law advice or complete our online enquiry form.   What is parental child abduction?  Parental child abduction is when a parent takes or sends their child out of the UK without the consent of: Every other person who has parental responsibility for the child, or A court order from the family court. Parental child abduction is complicated because some parents have sole parental responsibility, and some parents are legally allowed to take their children overseas without the agreement of the other parent because the parent has: A child arrangement order that says the child lives with them, or A holiday order that specifies that the parent can take the child abroad on holiday, or A relocation order that states the parent can take the child to live overseas. Parental child abduction can either be: Taking a child overseas without parental agreement or a court order, or Not returning a child to the UK at the end of an agreed overseas trip. The former type of child abduction is called wrongful removal, and the latter is referred to as wrongful retention.   Child arrangement orders and taking a child overseas If a parent has a child arrangement order that says their child lives with them, the law says that the parent is allowed to take their child out of England and Wales on holiday, provided that the overseas holiday is for no more than 28 days. With the appropriate child arrangement order, the other parent’s agreement to the holiday is not necessary, and a holiday order is not required. If a parent with that type of child arrangement order wants to take their child overseas for longer than 28 days, they will need the consent of all those with parental responsibility for the child or a holiday or relocation order.   Holiday orders and taking a child overseas A holiday order allows a parent to take a child overseas on holiday if the other parent or others with parental responsibility for the child won't agree to the planned holiday. A holiday order can either: Relate to a specific one-off holiday or Give a parent who does not have a child arrangement order that says the child lives with them, permission to take the child overseas on holiday for a specified period each year, so they don’t have to make annual holiday order applications.   Relocation orders and taking a child overseas A relocation order allows a parent to take their child overseas to live. An order is only required if the other parent and anyone else with parental responsibility for the child objects to the planned overseas move. [related_posts]    What is a return order A return order can be made by a family court ordering the return of a child to England, where a child has been subject to parental child abduction through either: Wrongful removal – no parental agreement or court order. Wrongful retention – staying outside the UK for longer than agreed to by the other parent or beyond the scope of the child arrangement order or holiday order.   What happens if a parent does not comply with a return order? If a parent does not return their child to the UK, then the court can commit the parent to prison for breach of the return order. In  AA (Mother) v XX (Father)[2025] EWHC 2165 (Fam), a mother asked the court to commit the child’s father to prison for breaching orders requiring him to return the child to England from Iran. The family were from Iran and the mother took her daughter to Iran on holiday. A paternal relative abducted the child from the airport. The mother returned to the UK and started wardship proceedings to secure the return of her daughter to the UK. She alleged the child’s father had prior knowledge of the child's abduction. The court made a series of court orders, including return orders, but these were not complied with. The mother, therefore, asked the court to commit the father to prison. The judge sentenced the father to six months' imprisonment and concluded that the: ‘’sentence is the only hope of compliance and of securing B's return. The father has been given numerous opportunities to return B but has ignored them, and ignored any of the preparatory steps required. His attitude throughout is that he will only comply with orders on his own terms. Secondly, that a custodial sentence is required to show the court's displeasure about what have been complete and deliberate breaches of court orders both in securing B's return and taking the required steps to secure return and provide for indirect contact’’.   Child abduction legal advice If you think your child is at risk of parental child abduction, it is best to talk to a specialist child abduction solicitor while your child is still in the UK. The family lawyer can advise you on the steps that can be taken to reduce the risk of child abduction. These include: Applying to court for a child arrangement order that says your child should live with you. Asking the court to make a prohibited steps order to stop your child from being taken overseas. Applying to make your child a ward of the court. Taking steps to prevent your child from being issued a passport or asking for a port alert. If the other parent has applied for a holiday order or a relocation order, then you can object to their application. A specialist family solicitor can help you explain to the court why the holiday or relocation order is not in your child’s best interests. If your child has already been taken overseas, then your remedies will depend on whether the country your child has been moved to is a member of the Hague Convention. An experienced child abduction lawyer can identify all your potential legal remedies and help you pursue them as quickly as possible to secure the safe return of your child to the UK.   Call Evolve Family Law for specialist family law advice or complete our online enquiry form.

When you are married to a narcissist, it can feel as if there isn’t a way out of the relationship. There is always a way out, and in this blog, our divorce solicitors look at your best options if you want to divorce a narcissist. Call Evolve Family Law for specialist family law advice or complete our online enquiry form.   Can I divorce a narcissist? When you are married to a narcissist and subject to constant belittlement, it can be hard to contemplate feeling empowered enough to start divorce proceedings, especially if you are told by your husband, wife or civil partner that you can’t leave and you can’t get divorced. You can divorce your spouse by starting no-fault divorce proceedings. Although your spouse may not want you to leave or to start divorce proceedings, the reality is that they cannot oppose a no-fault divorce. Our divorce lawyers provide legal advice on no-fault divorce and, in most cases, offer fixed-fee divorce services. Narcissists' threats about what will happen if you start divorce proceedings   Often, the question isn’t about whether you can start divorce proceedings against a narcissist, but whether their threats that you will ‘walk away with nothing’ or ‘you won’t see the children again’ are realistic. As specialist Northwest divorce solicitors, we find that many people who are married to spouses with narcissistic personality disorders wait a long time before taking legal advice because their partners have told them that divorce proceedings will result in them losing custody of their children or not having enough money to look after themselves and the children. That is very rarely true, but it is hard to believe that your divorce lawyer is right when the person you are married to is so adamant in their beliefs.   Tips on divorcing a narcissist  The first steps in divorcing a narcissist are: Recognising the problem – that is harder than you may think if you have been subject to demeaning comments for years and lost a lot of your confidence. Get help – that can be from your GP, a counsellor, friend or family member – it is important to have emotional and practical help if you are getting divorced and especially if you are divorcing a narcissist. Take legal advice – an expert divorce solicitor can help reassure you about your legal rights and give you an idea of the likely financial settlement and the childcare arrangements for your children, so that you have the confidence to decide whether you want to start divorce proceedings. Focus on what is important to you – if you have been living with a narcissist, it is hard to gain the confidence and determination to start divorce proceedings. That’s why it is essential to focus on why you are doing it. For example, your motivation may be not wanting your children to be affected by your partner’s narcissistic personality disorder, or you not wanting to be in the same position in ten or more years. Remember, what is important to you is the crucial point. That means you should not substitute the views of friends or family for the control imposed on you by your narcissistic partner, as you need to look at what’s best for you.   You might also be interested in [related_posts]   Fears about divorcing a narcissist If you are married to someone with a narcissistic personality disorder, you may worry about whether to mention the full extent of your partner’s behaviour to your divorce solicitor. The reluctance to be fully open with your divorce lawyer can be due to: Embarrassment. Fear that you won’t be believed. Worry that you will be thought to be the one with the ‘problem’. Concern that your partner will react badly if they think that you have said things about them. Thinking that it is pointless to say anything about your partner’s behaviour, as it won’t make any difference.  Your partner’s belief that they are brilliant and exceptional and, of course, always in the right. Your partner’s belief that you are in the wrong and worthless in comparison to them, so your views and feelings don’t count. Extreme reactions if you or anyone else questions your partner’s sense of self-importance or entitlement.   A narcissist is a challenge for anyone who lives with them, as well as for divorce solicitors and the family court. That’s why it is essential that you instruct a divorce solicitor with experience of dealing with those with narcissistic personality disorders, and that you tell your divorce lawyer about the extent of the issues you’ve faced so they can help you. Tell your divorce solicitor if your spouse has a narcissistic personality disorder You may not think that it matters whether your divorce solicitor knows about your partner’s narcissistic personality disorder traits, but it is essential because: If you have children, then your partner’s narcissistic personality may be affecting the children and even influencing how they treat you, as they are so used to seeing you belittled by your partner. That may influence your solicitor’s advice on the best child care arrangements to suit you and your circumstances and to reduce ongoing emotional harm to your children. If your partner is a narcissistic person, then family mediation is unlikely to be a sensible option to try to resolve financial or child care matters, as your partner won’t listen to anyone’s views other than their own, so you’d be better using either family arbitration or court proceedings to reach an enforceable decision. If your partner exerts coercive and controlling behaviour, then you may want to minimise future financial links with them. This could, for example, involve agreeing to a clean break financial court order rather than ongoing spousal maintenance, so you get additional capital rather than having to rely on your former partner paying regular spousal maintenance payments to you. If your partner is abusive, you may need the protection of an injunction order or a child arrangement order to protect you and the children.   How can Evolve Family Law help me? At Evolve Family Law, our divorce solicitors will be very honest with you and tell you that they know, from experience, that starting divorce proceedings against someone with a narcissistic personality disorder is hard. You’ll therefore need all the help and expert support you can get. A narcissistic person needs to feel that they are in control and the winner. That may mean you have to start financial court proceedings to get financial disclosure from your partner and get a fair financial court order, or it may mean you need a child arrangement order to restrict their contact with the children or an injunction order to stop the coercion and domestic abuse. Our specialist divorce solicitors are not only experienced in securing these types of orders but are also adept at finding a way through divorce proceedings involving a partner with narcissistic personality traits.   Call Evolve Family Law for specialist family law advice or complete our online enquiry form.   Our latest blogs