Family Law Articles & Advice

In certain situations, you may be able to skip mediation and proceed directly to court to resolve a family law dispute. In this article, our North West divorce solicitors explore why you may want to consider alternatives to family mediation. Contact our specialist family lawyers for a consultation on how to resolve your family law disagreement effectively. Is mediation compulsory? If you are separating from your husband, wife, civil partner or unmarried partner, there are many matters to resolve, such as: The parenting arrangements for your children Who will stay in the family home Whether maintenance and child support will be paid The financial settlement if you are married or in a civil partnership The property settlement if you were in a cohabiting relationship Whether divorce proceedings should be started and by whom Mediation can resolve all these matters and others. Mediation is not compulsory. It is a voluntary alternative dispute resolution process. All parties to the mediation should attend voluntarily rather than through coercion. However, some people may feel compelled to mediate, as court rules make it clear that parties in most family law disputes must first attempt to resolve their issues outside of the court process. If you feel pressured to go to mediation, it's best to speak with a family law solicitor about your concerns and your alternative dispute resolution options. Trying out family mediation Family mediation begins with each party attending a Mediation Information and Assessment Meeting (MIAM). The purpose of the MIAM is for the mediator to: Give you information about mediation Discover what you want to achieve from mediation Determine if you are a suitable candidate for mediation Decide the type of mediation and mediator that best suits your needs MIAMs are usually held separately, allowing you to discuss any reservations about attending mediation and for the mediator to ask questions to ensure that mediation is suitable for you and your former partner. For example: It may not be apparent in the information sent to the mediator that you have experienced domestic violence in your relationship. In a dispute over parenting arrangements for your teenage children, you may want the children to have a say about their living and contact arrangements. A specially trained mediator can involve older children in child-inclusive mediation*. Your partner may inform the mediator that they are unwilling to provide any financial disclosure during mediation, which would render the process ineffective, as the mediator cannot compel such disclosure. In financial court proceedings, the court can order financial disclosure. Here is a link to a Family Mediation Council video that provides a more detailed explanation of child-inclusive mediation. Can I skip mediation? Here are some of the situations where you can skip family mediation and go straight into court proceedings: Your child is at risk of significant harm There is a threat of child abduction Risk of domestic violence Your ex-partner is disposing of assets Here are some examples of why you should bypass mediation: You fear your child will be taken overseas unless you secure a prohibited steps order to prevent parental child abduction by your ex-partner. Your estranged wife is selling or transferring assets, and you need the urgent protection of a Section 37 injunction order to stop them from disposing of assets to defeat your financial claims. There are serious current or historic domestic violence issues, and you do not think that any type of mediation is safe for you to engage in. There are other scenarios where you can bypass mediation and initiate court proceedings. Family law solicitors recommend seeking expert advice before skipping mediation, as the potential consequences of making an incorrect decision can be severe. Consequences of skipping mediation If you choose to bypass family mediation because you don’t like the sound of the process, rather than because there was a good reason for doing so, then the consequence may be: Delay Additional expense Risk of a cost order Risks associated with bypassing mediation Let's look at the risks of skipping mediation in more detail: You may think you are speeding things up by making an application to the court, but the court could decide to adjourn your application for mediation to take place. Your decision to proceed directly to court may have slowed things down, as you could have been attending mediation sessions for several months while waiting for a first court hearing date. Starting court proceedings when you could have reached an agreement outside court adds to your costs. For example, the court application fee and the time spent in preparing your financial settlement or child arrangement order In some family cases, a judge may order that you pay all or a proportion of the other party’s legal costs. The court may be more inclined to make a cost order against you if the judge thinks you didn’t follow the rules and rushed into a premature court application without giving mediation or alternative dispute resolution a chance. Deciding whether to skip mediation is a delicate balancing exercise that should be undertaken with the advice of a specialist divorce solicitor with a thorough understanding of the family law rules and the potential positive and negative implications of opting to bypass mediation. Why don’t you want to go to family mediation? People give several reasons for wanting to avoid family mediation. They include: Don’t think their ex-partner will go to mediation Don’t want to be in the same room as their former partner Won't be able to stand up for themselves in mediation Want to leave it to a judge to decide what happens Previous bad experience of mediation Addressing why you want to skip family mediation At a consultation meeting, a divorce solicitor can explain: What mediation is How family mediation works The measures that can be put in place to address concerns about attending mediation The alternatives to mediation The advantages and disadvantages of mediation [related_posts] What is family mediation? Family mediation is a form of alternative dispute resolution that involves a specially trained family mediator. A family mediator is an impartial third party who helps a separated couple resolve family issues, such as child care arrangements or financial settlement. A family mediator will: Facilitate listening to one another, even when you may disagree with what the other person has to say. Help you find a resolution that works and is an acceptable compromise for both of you. A family mediator does not give legal advice to the parties. They are there as a neutral facilitator to help you reach an agreement. That’s why many separating couples find it helpful to speak to a family law solicitor between mediation sessions, so they understand their legal rights, the likely court outcomes and have the confidence to mediate a reasonable compromise. Types of family mediation Family mediation sessions usually take place with a family mediator sitting in a room with both parties. The mediator uses their skills to help you reach your agreement, rather than have an order imposed on you by a family court judge. However, this type of mediation may not be suitable for everyone. Alternatives are available. For example: Shuttle mediation - you and your partner do not meet in the same room; instead, the mediator shuttles between rooms to facilitate a mutually agreeable resolution. Solicitor-involved mediation - each of you can have your solicitor involved in the mediation sessions, as well as provide legal support outside of the mediation sessions. Measures to help mediation work for you These are some of the measures our North West family lawyers can put in place to help you get the best out of mediation: Write to your former partner to explain the implications of them choosing to skip mediation. Advise you on how to select a family mediator to resolve your family law dispute. Recommendations for shuttle mediation if you don’t want to be in the same room as your former partner. Discussing safety measures to enable you to attend mediation with confidence. For example, arriving at separate times to your ex-partner and not waiting in the same waiting room. Provide advice before you start mediation so you understand the range of orders the court has the power to make. Offer specialist advice between mediation sessions to give you the confidence to negotiate effectively during mediation meetings. Explain how counselling can provide the confidence boost you need to make mediation work. Advise on how experts can be effectively involved in the mediation process to facilitate a mutually beneficial agreement—for example, a pension actuary or forensic accountant. Legal representatives present during the mediation sessions to address the power imbalance. Depending on the reasons behind your reservations about mediation, our divorce solicitors may be able to suggest other measures to help make mediation work for you. The advantages of mediation Some people think that talking to their ex-partner is pointless. However, it is worth hearing about the advantages of mediation as an alternative dispute resolution option. The advantages of mediation are: It is often quicker than court proceedings It is cheaper than a court application You and your ex-partner set the mediation agenda, helped by the mediator The mediation process looks forward rather than analysing mistakes made during the relationship Mediation is less adversarial than court proceedings Mediation can come up with a bespoke solution to your family law dispute When you are separating from a former partner, the mediation advantages are important because: You need a decision so you can move on with your life. You and your ex need to spend as little as possible on dispute resolution so you have more to spend on your children or rehousing. Going over old ground, such as the reasons for the marriage breakdown, won't help you reach a financial settlement. If you plan to continue co-parenting your children, it is helpful to reach a parenting agreement that minimises conflict. In court proceedings, the family judge must follow family law rules. For example, the judge cannot consider the needs of adult children still living in the family home or the caring responsibilities of one spouse for aging parents. Mediation offers the flexibility to consider what is relevant to your family. The alternatives to family mediation If you are of the view that mediation isn't the best alternative dispute resolution option for you, then some of the other options are: Collaborative law Arbitration Roundtable meetings with legal representation Amicable Divorce - One Lawyer Divorce Why you should consult with a family lawyer before skipping mediation You should speak to a family lawyer before deciding whether to go to mediation because a specialist family law solicitor can: Explain the mediation process and your other alternative dispute resolution options. Help you choose the right type of mediation model and mediator to facilitate a mutually agreeable resolution with your former partner. Offer advice on potential likely outcomes, costs and timescales if you make an application to court for a divorce settlement or child arrangement order. Advise you if mediation is not appropriate, such as when you need an urgent court order, such as a prohibited steps order. Explain how they can provide legal support and guidance in between mediation sessions to give you the confidence to reach a mediated agreement. Convert your mediated agreement into a binding financial court order. Help you obtain a no-fault divorce, enabling you to implement parts of your financial court order, such as a pension sharing order. At Evolve Family Law, our family law specialists offer a mediation support service, providing all the advice and guidance you need, from your initial inquiry about mediation to helping you secure an agreed court order following a successful mediation. Speak with a Family Law Solicitor Today for Advice on Family Alternative Dispute Resolution Strategies.

If you are separating from your partner, it is important to seek specialist family legal advice on your rights from North West family solicitors. Knowing your rights can help you separate amicably. Consulting a family lawyer isn’t an adversarial step; it's just protecting your interests and helping you navigate the next steps to life after a separation or divorce. Contact our specialist family lawyers for a consultation on your separation. Tips on how to separate from a partner Whether you are separating from a spouse, civil partner, or cohabiting partner, you need to talk to an expert family solicitor. Early knowledge about your separation legal rights is vital as the advice can affect your plans and timescales. There are five key issues to consider when contemplating a separation: 1. Has my relationship ended, or could it be revived? 2. Can I leave the relationship safely? 3. When and how do I tell my partner I am leaving? 4. When should the children be told that mum and dad are separating? 5. How do I sort out the legal, property or financial aspects of my separation? Has my relationship ended? It isn't always easy to tell if your relationship has ended. You may think relationship counselling could revive it, or a trial separation may help your relationship get back on track. Even if your relationship has definitely ended, some couples find joint counselling sessions helpful in achieving an amicable separation. Others benefit from individual counselling to help them come to terms with the relationship breakdown and move on with their lives. It's common to feel grief, anger, shame and a whole range of other emotions when you separate. If your former partner does not appear as affected by the end of the relationship, it may be because they have already emotionally detached from the family. That doesn’t mean your emotions are wrong, but it can help you to work through them with a counsellor or divorce coach. Can I leave my relationship safely? Whatever the legal status of your relationship, it's vital that your separation takes place safely. If you have: 1. Lived in a relationship with domestic abuse or 2. You fear domestic violence when you announce you want to leave or 3. You are concerned about ongoing coercive control after your separation. Injunction solicitors can help you secure a non-molestation, ouster, or occupation order to safeguard you and your family. Family law solicitors always recommend taking legal advice on your separation before you leave the family home. That advice applies to you even if: 1. You are unmarried, and your partner owns the property. 2. You are renting. 3. You don’t have children. 4. You don’t think you could afford the outgoings on the family home on your own. 5. Your ex hasn’t been violent. Leaving the family home when you don’t need to do so can put you on the back foot when negotiating a property settlement as an unmarried partner or a financial settlement as a spouse. If you have children, leaving the family home can be highly disruptive for them. Child support (and interim spousal maintenance if you are married) may allow you to stay at the family home until the separation or divorce is finalised and a financial court order is made. When and how do I tell my partner I am leaving? Telling your partner that your relationship is over, or hearing the news from them, is never easy. How and when you should have the ‘it isn’t working’ conversation depends on your circumstances. However, family lawyers always recommend talking to a solicitor first as their specialist legal advice may help you: 1. Decide on the timing of your separation and put a plan in action. For example, if you need an injunction order or the support of your family in telling your partner the relationship is at an end or in the immediate aftermath. 2. Organise your finances so you know how much income you will have if you are paying or receiving child support or spousal maintenance. 3. Help you understand whether you are likely to be able to stay in the family home whilst the financial and property aspects of your separation are sorted out. 4. Understand the likely parenting arrangements for your children. Temporary arrangements may need to be sorted out until future living arrangements are finalised. You may need an urgent child arrangement order if the separation is acrimonious. 5. Think about whether there are any risk factors, such as your ex trying to take your child overseas (this is parental child abduction if going abroad is without your consent) or trying to exert coercive control (to try to force you to stay in the relationship or to agree a financial settlement that suits them). [related_posts] When should the children be told that mum and dad are separating? Talking to your child or stepchild about the end of a parental relationship is a tough one. Many parents delay the discussion because it is so uncomfortable, and they think the children won't pick up on the atmosphere at home, whilst other parents want to ‘get in first.’ Ideally, parents should try to talk to their children together, but that can be too hard for some parents or counterproductive if there is a lot of anger about the separation. There is specialist help available, such as: • Supporting Children through Separation and Divorce | NSPCC • Supporting your child through divorce and separation | Cafcass • Helping children through separation | Gingerbread Legal advice on separation: How do I sort out the legal, property or financial aspects of my separation? If you are contemplating the future of your relationship or if your partner has told you that the relationship is over, you need to speak to a family solicitor to understand your rights. Talking to a lawyer doesn’t mean that you both need to ‘lawyer up’ and go to court to thrash out who gets custody of the kids or who stays in the house. At Evolve Family Law, we offer a fixed-fee relationship breakdown comprehensive initial review. The fee includes a meeting with a qualified lawyer to discuss all legal and practical aspects of your situation, including assessing the best routes to resolving it. That meeting may then enable you to use family mediation to achieve an amicable separation or to understand your rights and not feel totally at sea, not knowing what is reasonable to ask for or how the next steps will pan out after you have made the decision to separate. An initial consultation is equally helpful if your ex has announced that the relationship is ending and that you will need to pack your bags or that they will be doing so, leaving you devastated and wondering how you will cope with the children and the bills. At Evolve, we know that any separation is painful, but we try to ease your pain by giving you the information and support you need. At Evolve, our North West family law solicitors are: • Local with offices in Holmes Chapel, Cheshire and Manchester. • Specialists – we advise on family and private client law as we know what we know. • Tailored and bespoke – with us, you get advice tailored to you and your family. • Proactive – if you need urgent legal advice to protect your children or to secure an injunction, we have the specialist team you need on your side. • Ranked excellent on Trustpilot. Contact our specialist family lawyers for a consultation on your separation.

You have come out of a court hearing and been vindicated. You were believed, and it feels great. You probably want to tell everyone that your ex got their comeuppance in court. Before contacting the Daily Mail or posting on Social Media, you need to be aware of the rules regarding what you can and cannot say about family law proceedings concerning your children. Our specialist family law solicitors can support you through children's law proceedings and provide guidance on the rules regarding confidentiality and transparency. If you need help with child residence or contact proceedings, phone Evolve Family Law or complete our online enquiry form. Telling your story Whilst your experience with child arrangement order, specific issue order, relocation order, or prohibited steps order proceedings is your story, your child is entitled to their privacy. That’s why judges insist that all court proceedings concerning children are kept confidential. Parents are not allowed to disclose to anyone who isn’t a party to the children's law court application the proceedings or to show them court paperwork. There are some exceptions to this rule. For example, your family law solicitor will need to explain to a potential witness why they are requesting that they file a statement of evidence on their behalf. Alternatively, your family lawyer may need to ask permission from the court to disclose relevant court documents to a child psychologist, allowing the expert to prepare a report. Whilst it is frustrating to be constrained by children's law rules, the easiest way to think of the blanket rules is that they are there to protect children who find themselves caught up in child arrangement orders or other court proceedings. Children rarely want the story told. If a child is old enough to have a say, they don’t want their friends gossiping, and they are fiercely protective of their privacy. Speaking about your experience of family court proceedings Before discussing your experience (good or bad) in the family court with third parties, it is essential to consult with your lawyer. Get expert advice and follow it; otherwise, you risk a judge finding you in contempt of court. Alternatively, if you breach confidentiality rules after an interim court hearing, you risk the judge at the final hearing refusing to make the orders you want. One example of this is speaking out after the judge makes findings at a finding of fact hearing. You may be delighted or appalled by the judge’s findings about an incident of domestic violence, but speaking about your experiences and identifying yourself (and, therefore, your child) could massively backfire. [related_posts] Transparency orders and children's law court proceedings A family court judge can be asked to issue a transparency order to permit limited media reporting of a child's law application. These orders are rarely made. Additionally, the information a parent is allowed to disclose is strictly controlled. Recent transparency order A current example of a transparency order application made in children's law proceedings is the 2025 reported case called M v F & Another. In these child arrangement order proceedings, the mother accused the child’s father of rape. The father countered her serious domestic violence accusations with an allegation of parental alienation. A judge initially dismissed the mother’s allegation of abuse, but eventually, the court made a finding that the mother had been raped and stripped the father of parental responsibility for his child. The family court issued a rare transparency order, allowing the mother to speak to the media and permitting the press to report her story. However, the order was tight enough to restrict the mother from personally writing or talking about the case. The mother’s barrister, therefore, asked the court to vary the transparency order, allowing the mother the freedom to speak out under a pseudonym to share her story and highlight her experience of the judicial system. When considering the mother’s request to vary the transparency order, the court had to consider: Section 12 of the Administration of Justice Act 1960 The Family Procedure Rules 2010 The inherent jurisdiction of the High Court Articles 8 and 10 of the European Convention of Human Rights The best interests of the child and the Children Act 1989 When considering the mother’s request to vary the initial transparency order, the court said: ‘The Court wishes to make clear, before embarking on its analysis of the legal arguments, that it is profoundly sympathetic to Ms. M’s position. The Court fully appreciates that the inability to be able to speak openly about how, as a victim of rape and domestic abuse she was dealt with by the family justice system, compounds the trauma she has suffered, and is experienced as a further means of coercion and control. Ms M clearly has an invaluable contribution to make to current debates about domestic abuse, parental alienation and contact with children within the family justice system. ’ The judge granted the mother’s request to vary the transparency order and allowed her to publish information under an alias about the proceedings, thereby preserving the anonymity of the child and, consequently, the parents. The transparency order says: ‘On the question of publication, and pursuant to the Court’s inherent jurisdiction, I therefore conclude: Permission is granted to Ms M to publish media articles about her experiences of the family court system and the domestic abuse she suffered at the hands of the father, using an alias. Mr F’s application is refused. Permission is granted to Ms M to speak at events facilitated by organisations such as Cafcass, women’s right groups and children’s rights groups, using an alias. Mr F’s application is refused.’ The court had to weigh the child’s right to privacy against the potential harm to the child of being known as the child in these child arrangement order proceedings, against the mother’s rights and reasonable request to inform others about her experience with the court system. The judge agreed to relax the terms of the transparency order because: ‘Ultimately, in my judgment, the greatest protection for C’s Article 8 rights is Ms M herself. She has always sought to exercise her parental responsibility in an entirely child-focused way, such that C is safeguarded and protected. Ms M is clear she will not endanger C’s own interests by risking identification. Given that clear commitment to protecting C’s anonymity, Ms M’s interests and those of C are more easily reconciled. In my judgment, Ms M can be trusted to carefully evaluate those events in which she can safely participate and those events where the risks are unmanageable. I do not consider Ms M would participate in any event where there was a risk her own anonymity or that of C would be compromised. With that safeguard in place to mitigate the risks to C, I am satisfied in balancing the competing Article 10 and Article 8 rights, the balance comes down in favour of publication. In short, Ms M can be trusted to exercise her parental responsibility to uphold and protect C’s rights and interests. In such circumstances, a blanket prohibition would be an unnecessary and disproportionate interference with Ms M’s Convention rights.’ Other family law solicitors can now use the court decision to request a transparency order in situations where a parent wishes to discuss the court proceedings while acting in the best interests of their child. Your court experience As family lawyers, we are acutely aware of the traumatic impact that court hearings and judgments can have. If you are believed, it’s understandable that you want to shout it from the rooftops because you want to highlight what you went through. Discussing your experience can give others the incentive to stand firm and say no to shared parenting or to refrain from contact if they don’t think it is in their child’s best interests. Equally, if a parent has tried to stop contact by making up false allegations, it is equally understandable why the other parent would want to tell their story to give other parents hope. Recounting their judicial experience can highlight the need for additional judicial resources to reduce court delays or provide extra training so that family court professionals understand the importance of questioning one parent’s account rather than accepting it at face value. Whatever your court experience, our family lawyers always advise caution when discussing child arrangement orders or other children's law proceedings. It is easy to type and post online and for your story to be picked up by the media, but you must ask yourself: Is this in the best interests of my child, and will I get in trouble because I haven't applied for a transparency order? Talk to our family law experts. Whether you are at the start of your journey to securing a child arrangement order or towards the end of it, our children law solicitors can help you navigate the complex family law rules to help you achieve the child arrangement order you seek and to ensure you understand and follow the rules on what you are allowed to report with or without a transparency order in place.   If you need help with child arrangement order proceedings, phone Evolve Family Law or complete our online enquiry form.

When private client solicitors talk legal jargon, it can be hard to take in what they are saying. It is tempting to just let their legalese wash over you, but if you are making a new Will with a Will solicitor or debating whether to sign a Power of Attorney, you need to understand what your lawyer is saying to you. In this blog, Will solicitor and legalese interpreter Chris Strogen explains the difference between the Executor of a Will and an Attorney in a Lasting Power of Attorney. For expert Will and Lasting Power of Attorney advice call our team or complete our online enquiry form. Will or Power of Attorney Do you need a Will or a Lasting Power of Attorney? Our private client solicitors say that, ideally, you need both as the documents are different to one another and serve different purposes. Many people don’t realise that they, and their relatives, need a Will and a Power of Attorney. They think that as they are an Attorney for a parent or grandparent, they don’t need to worry that their relative hasn’t made a Will. That’s not correct. The relative needs a Will and Power of Attorney. Here is how Wills and Powers of Attorney work separately: A Lasting Power of Attorney appoints Attorneys to act for you while you are alive. There are two types of Power of Attorney. The Power of Attorney ends on the death of the person who signed the document granting Power of Attorney A Will sets out how you want your estate administered after your death and says who will receive your estate. An Executor is appointed in your Will to administer the estate and arrange the distribution of money to your beneficiaries in accordance with your Will. A Will has no force or legal effect until the testator or Will maker has died. Therefore, an Executor of a Will has no rights to sort out the Will maker’s financial affairs, even if the Will maker has lost the capacity to make their own financial decisions A Will isn’t an alternative to a Lasting Power of Attorney and nor is a Power of Attorney akin to a Will. Both are necessary tools for an organised life. What happens if there is no Power of Attorney? Firstly, there are two types of Lasting Power of Attorney and they do different tasks. You can choose whether you want one or both types: Health & Welfare Lasting Power of Attorney – this type of Lasting Power of Attorney allows nominated family or friends (called Attorneys) to make decisions about the donor’s medical treatment and care needs if the donor cannot make decisions as they don’t have the capacity to do so Property and Financial Affairs Power of Attorney – this type of Lasting Power of Attorney allows Attorneys to manage the financial affairs of the person signing the LPA A Health & Welfare Lasting Power of Attorney doesn’t come into effect unless the person who signed it has lost the capacity to make their own health or welfare decisions. A Property and Financial Affairs Power of Attorney can come into effect when signed if that is what is required. For example, if a donor wants a relative to handle their financial affairs or a property sale whilst they are living overseas. If a person doesn’t have a Power of Attorney and a doctor assesses them as having lost capacity to make their own decisions then the fact that they are married or have a Will with a named Executor doesn’t give the spouse or the Executor the legal right to act on the person’s behalf even though they have their best interests at heart. Instead, there is a legal limbo situation until an application is made to the Court of Protection for a Deputy to be appointed. The Deputy may be the person’s spouse or Executor in the Will, but most financial institutions won't act unless there is either a registered Lasting Power of Attorney or order from the Court of Protection. Most private client solicitors recommend signing a Lasting Power of Attorney to cover for the hopefully unlikely event of temporarily or permanently losing capacity in an accident or through ill health, such as a stroke or dementia. What happens if you don’t have a Will? If a person dies without a valid Will, it is called dying intestate. The law says that any money and property pass under intestacy rules. The fact that the person had signed a Lasting Power of Attorney giving financial authority to an Attorney is irrelevant as the Power of Attorney ceases to have effect on death. The intestacy rules are very rigid. They say how much of the estate goes to a surviving husband or wife or more distant relatives if there is no spouse or children. This can produce very unfair outcomes when cohabiting partners or stepchildren won't be entitled to receive anything under the intestacy rules and an estranged cousin will inherit the entire estate unless the intestacy rules are challenged by a court application. [related_posts] Should the Attorney and Executor be the same person? A person can be an Attorney and an Executor of a Will but there is no requirement to appoint the same person. Most people prefer to appoint two Attorneys in a Lasting Power of Attorney so there is consultation before important decisions are taken. Most Wills include two Executors as that is necessary if the deceased owned property or if there is a trust because there are minor children. Choosing an Attorney and executor is very much a personal choice. Your choice may depend on the type of Lasting Power of Attorney you are signing. For example, your husband or wife is likely to be your preferred choice of Attorney for a Health & Welfare Lasting Power of Attorney but you may want to appoint your Will solicitor as the Executor of your Will as the solicitor will be handling the administration of your estate and ensuring that assets are sold and money distributed to your loved ones as quickly as possible. Whoever you choose to be your Attorney or Executor it is important to check with them first to ensure they are willing to act as an Attorney or Executor or both. That’s because both roles come with legal responsibilities that won't suit everyone. Making a Power of Attorney or Will Whether you are signing a Power of Attorney or a Will, both types of documents are all about forward thinking and planning. Our experienced Will and Lasting Power of Attorney solicitors can advise you on your choices to help you finalise a Power of Attorney and/or Will that reflects your wishes. For expert Will and Lasting Power of Attorney advice call our team or complete our online enquiry form.

The long school summer holidays are fast approaching. Our Northwest family law solicitors offer some tips if you have been unable to agree on child contact over the school holidays. For summer holiday contact advice, phone Evolve Family Law or complete our online enquiry form. Dividing the days or weeks Whether it’s your first school summer holiday after your split or your tenth year, negotiating school holiday contact can be tricky. Parents often assume that if they sorted out last year’s holiday dates with ease then this year should be equally trouble-free. That’s often not the case because: Children’s needs change Your ex may want to take the children overseas for the first time or to a country that you don’t think is safe You may want to take your children on holiday with a new partner and your ex-partner objects You can't take as much time off work this year and your former partner won't step up and share child care or pay towards the cost of school holiday clubs Your child is refusing to stay with their other parent and your ex-partner thinks you have put them up to it Your former partner wants to take the children on a long-haul flight to see extended family and experience their heritage. However, the plans involve a five-week trip because of the distances involved Your ex wants to split the summer hols into days rather than weeks so you each spend a few days each week with the children and that doesn’t suit your work or holiday plans Our family lawyers can help you whatever the reasons for being unable to agree on school summer holiday contact this year. Ways to sort out summer holiday contact disputes There are several ways you can sort out disagreements over holiday contact: Legal advice and then discuss contact directly with the other parent Letter from a family solicitor to your ex-partner Family mediation Application for a holiday order Application for a child arrangement order A family lawyer can discuss the option that best suits your needs. Here are some pointers: Direct discussions can work after a consultation with a solicitor. The meeting will explain your rights and advise on whether the court would likely think your proposals reasonable and give information on the costs and timescales of your alternate options A letter from a children lawyer can sometimes quickly sort out what initially appeared to be an intractable dispute that could only be solved with a court application Family mediation is an excellent way to speak to your ex with a neutral mediator present to help you facilitate a compromise acceptable to both of you. Advice from family lawyers before the mediation can help you understand your rights and court options. That way you know when it is sensible to compromise A holiday order is necessary if you want to take your child abroad and your ex won't give their consent. Going on an overseas holiday without either written consent or a court order could mean you are stopped at the airport or accused of parental child abduction A child arrangement order is of benefit because if the order says your child lives with you then the law states you can take your child on holiday for up to 28 days without needing your ex-partner’s agreement or a holiday order [related_posts] School summer holiday contact tips Here are the top tips from Evolve Family Law for negotiating summer holiday contact arrangements for your children: 1. Plan the holiday contact as early as possible As soon as you get the school holiday schedule for the year you should start to plan holiday contact with your ex-partner. Planning needs to start early in many families as annual leave can be difficult to arrange because all working parents want time off during school holidays. It is especially complicated when you and/or your ex are part of a blended family and have the commitments of step-parents and the needs of half-siblings or stepchildren to consider. 2. Look at the wider picture If you want to take the children skiing at Easter or want to take them on a long-haul holiday next year it's best to look at the wider picture when negotiating summer holiday contact. If your ex is prepared to make Christmas contact concessions then maybe you should be flexible over the summer holiday plans. 3. Think about the children When you are negotiating with your former partner it can be easy to forget to ask your children what they want or to agree to a contact schedule that doesn’t suit your children. For example, no teen will want a 9 am handover and most children won't benefit from going on back-to-back holidays to Spain with each parent whilst spending the rest of the summer with nothing planned. 4. Be flexible It can be hard to be flexible if you have booked a foreign holiday or if time off work for child care cover must be booked months in advance. However, it is best to listen to requests for changes to the contact regime as next year you may need a bit of flexibility. 5. Consult a solicitor Too often parents don’t take their children away on a beach holiday to Spain because their ex won't agree or a parent ends up with a contact schedule that doesn’t meet their needs or the needs of their child. With advice from a family lawyer and a letter from them to your ex-partner, you may be able to sort out a summer holiday contact regime that works for you and your children. How Evolve Family Law can help Our team of family law experts have lots of experience in negotiating contact after parental separation and divorce. Our focus is to help you reach an agreement without the need to apply to the court for a holiday order or child arrangement order. For summer holiday contact advice, phone Evolve Family Law or complete our online enquiry form.

At Evolve Family Law, founders Robin Charrot and Louise Halford recognised that if they were going to ‘break the mould’ and set up a family law firm with a difference, they would need a fair fees policy for their clients. That policy has been in place since Evolve Family Law was established in 2015. A decade on, the Law Society (a sort of trade union for solicitors) and the Solicitors Regulation Authority (the organisation tasked with regulating the legal profession) are looking at how lawyers charge. Evolve Family Law always welcomes an up-front chat with new clients about legal fees. We recommend you look at our prices page and then contact our family lawyers and Will and estate planning solicitors to see how we can help with your divorce, separation from your unmarried partner, dispute over parenting arrangements (custody or contact), financial settlement or Will and estate planning. If you need help with family or private client law, phone Evolve Family Law or complete our online enquiry form. The cost of using a divorce solicitor When you first talk to a divorce lawyer, your priority is getting your divorce sorted out. That might include obtaining a child arrangement order so your children can live with you, negotiating a financial settlement that allows you to move on with your life and securing your no-fault divorce. Enquiries about costs can be a low priority until the law firm starts sending invoices, but for interested clients, lawyers charge in two main ways: Fixed fees Hourly rates With a fixed fee agreement, you know that whether your Will solicitor spends one hour or eight hours advising you on estate planning and writing your Will, you will be charged the fixed amount. The same applies to Northwest divorce lawyers and no-fault divorces. Some areas of family law are difficult to bill fairly on a fixed fee basis. Take the case of a child arrangement order or specific issue order application, your children lawyers won't know if you will need to attend two or twelve court hearings before the family court judge makes a final order. If the lawyer bases their fixed fee on twelve hearings, that wouldn’t be fair to the parents who can reach an agreement at the second court hearing. At Evolve Family Law, we think the fair thing to do is to offer a mix of fixed fees and fees based on the fee-earner’s hourly rates. Hourly rates for divorce solicitors Evolve Family Law has been publishing our competitive hourly rates for directors (Louise Halford and Robin Charrot), family law and Will solicitors and paralegals for nearly a decade. What sets us apart from many other law firms is that we charge by the minute. That sounds greedy, but it isn’t when you contrast our established legal billing practices with other North West law firms. Most law firms charge in six-minute units. What that means in practice is if a solicitor spends 13 minutes reading a document, you will be charged for 18 minutes of the lawyer’s time. At Evolve Family Law, we charge you for the 13 minutes of time spent by one of our lawyers at their agreed hourly rate. You may think that paying extra for a few minutes of your solicitor's time isn’t a big deal. However, over a long financial settlement negotiation or complex child abduction proceedings, all those minutes can add up to thousands of pounds in comparison to the fees charged by a ‘by the minute’ lawyer. [related_posts] Interest on your money There may be times when your lawyer must hold money on your behalf. For example, client money can be held by a family law or private client solicitor where: Money is paid upfront for legal fees or expenses such as barrister or expert fees A lump sum payment will be paid to your ex-husband or wife with the payment going via solicitors The assets of an estate have been gathered in and a probate solicitor needs to pay inheritance tax and debts owed by the estate before distributing the balance to the beneficiaries in the Will (if there is no Will, the monies will be distributed by following the intestacy rules) You may think that interest will be a miniscule amount, but that could not be further from the truth. A recent Law Society financial benchmarking survey reveals the facts. The survey was written and produced by the legal team at Hazlewoods LLP for the Law Society Leadership and Management Section and sponsored by Lloyds. Data was collected from 145 small and mid-sized law firms across England and Wales, with the firms having a combined fee income of over £1.1 billion. A Law Society Gazette article highlights that falling law firm profits are masked by the equity partners or directors of law firms retaining the interest earned on client capital while it is banked by the law firms. Research shows that around 20% of partners' and directors' income is generated from client interest rather than traditional fixed fees or hourly rate charges. Using client interest to generate income for lawyers is a practice that the Solicitors Regulation Authority is looking into. At Evolve Family Law, we have taken a lead on fair billing and retention of client interest. Our policy is that the interest generated on our holding money on your behalf belongs to you and we will repay any interest earned on your money if the interest amount exceeds £50. We have a £50 interest threshold as otherwise we would spend more administration time in refunding interest. Increasing our administration overheads (and, therefore our hourly rates) isn’t in the best interests of all our valued clients. Talk to Evolve Family Law At Evolve Family Law, we believe in being transparent in all we do. That means in addition to being upfront on costs, we are equally clear on the timescales to obtain a family court order or to administer an estate and the likely complexities. We think good communication is the key to a good relationship with our clients. We hope that you will agree to our approach and will want to work with us. If you need help with family or private client law, phone Evolve Family Law or complete our online enquiry form.

Some people want to change their name after their divorce. Others worry that it will mean they have a different surname to their children. In some situations, a woman is told to change their name back to their maiden name because their ex-husband doesn’t want them to continue using his surname. In this blog, our Northwest divorce solicitors look at the law on changing your name and how to go about it if you decide to do so after your divorce. For expert divorce advice call our team of specialist divorce lawyers or complete our online enquiry form. Does your surname automatically revert to your maiden name after divorce? A woman's surname does not automatically change back to her maiden name upon her divorce. A conscious decision needs to be made. Our family law solicitors recommend you reflect on whether you want to use a different name than your married name and that you don’t allow yourself to be influenced by the views of your former spouse or family.  If you decide to change your name for a second time back to your married surname you can do so but it involves more paperwork. That’s why we suggest you consider your options rather than rush into a name change. It is also important to get the timing right. For example, you may not want to change your surname before a planned overseas holiday when your passport will be in a different name to your holiday booking or when you are a few days away from completing the sale of the family home. Changing your name after divorce  Anyone in England can call themselves what they want. There is no property in a name. By that, we mean that if you want to keep your husband's surname after your divorce you are free to do so. There is nothing he can do to stop you. Equally, you can change your first name, your surname or both names or revert to using your maiden name. How to go about changing your name You can call yourself what you want but you are likely to need evidence of your change of name. For example, if you want a new passport, to transfer your bank account into your new name or to buy a property.  If you are changing your surname back to your maiden name some institutions will accept your birth certificate, marriage certificate and final divorce order as sufficient evidence. Others may want a formal change of name deed. Our family law solicitors can prepare the change of name deed for you. We will ensure you receive sufficient certified copies so you can use the certified change of name deed with institutions such as banks, building societies, your employer, the DVLA and the passport office.  If you have a Will, you should keep a copy of your change of name deed with your Will and other important documents. When you get divorced you need to update your Will so it is sensible to sign your change of name deed before you sign your new Will. Our private client solicitors can advise you on your Will and your lasting power of attorney.  Registering a change of name deed You can register your change of name deed but there is no legal requirement or need to do so. An unregistered change of name deed document is referred to as ‘unenrolled’ and a registered one as ‘enrolled.’ Enrolling the deed involves an application to the Royal Courts of Justice and payment of a fee. Your change of name is then a matter of public record. [related_posts] Changing a child’s surname  Your decision to change your surname after your divorce may be influenced by whether your child can change their surname. A child can change their surname with the agreement of their parents and anyone else with parental responsibility for the child. If a parent or other person won't agree to the name change an application can be made to the family court for a specific issue order. In a specific issue order application, the judge decides on the child’s surname after considering the child’s best interests. Where a name change is agreed or the court orders a change of name a parent can sign a change of name deed on behalf of their child. The fact that a parent is not paying child support or a parent is not having regular contact does not mean that the court will order a name change. The court looks at the application from the perspective of the child and whether a name change would be confusing or beneficial.  Our family law solicitors can advise you on all aspects of parenting your child after a separation or divorce including advice on residence and contact, applying for a child arrangement order or reaching a parenting agreement through solicitor negotiations or in family mediation.  For friendly expert divorce advice call our team of specialist divorce lawyers or complete our online enquiry form.

In this blog, North West family lawyer Louise Halford looks at divorce emotions and explains how an empathetic family law solicitor can help you navigate the stages of grief during divorce. Separation and divorce can be an emotional rollercoaster. It’s a ride you probably didn’t want to get on with many twists and turns.  At Evolve Family Law our divorce solicitors understand that as well as needing specialist family law advice to help you on your divorce journey you also require support in navigating the path to life beyond divorce. If you need help with your divorce or separation phone us or complete our online enquiry form. Experiencing divorce emotions Everyone experiences divorce differently. With over 25 years of experience as a family lawyer, Louise Halford has learnt that divorce emotions are not necessarily linked to how long you were married or if you are divorcing with young children. If you have been married for two years your divorce emotions may be just as intense as someone who was married for twenty-plus years - because you are grieving for the years and the children you might have had. When you are separating your friends and family may try to compare what you are going through with their own experiences or tell you to get a grip because your divorce emotions can't be compared to a bereavement. However, with a bereavement, you may feel anger and an overwhelming sense of loss but not the same sense of rejection and repudiation. The grief can be just as real as a bereavement, just different. As specialist family law solicitors, we see a lot of raw divorce emotions. We believe it’s best for people to be honest about their grief and for comparisons not to be made with others – it isn’t a league table and you are entitled to feel the emotions you are experiencing. The range of divorce emotions  People can feel: Grief and sorrow Anger and rage Guilt Sadness and a sense of loss Euphoria and joy  Vindication  Fear You may feel all these emotions during your separation and divorce or just some of them. Often emotions can be all mixed up with you feeling euphoric at finally taking the plunge and leaving your ex but fearful about your future. Emotions can be very jumbled up. For example: Experiencing grief because your children won't have the sort of childhood you envisaged for them Feeling guilty that you were the one to end the relationship but feeling glad that you can move on with your life Feeling euphoric that you have your final order in the divorce proceedings but sad because of the impact of the separation on your children  Feeling vindicated because your suspicions about your ex were right but fearful about what the future may hold for you as a single parent  Some of our divorce clients are very open about their emotions. They describe the daily rollercoaster of feeling bereft at breakfast and optimistic by one o'clock with tinges of vindication tempered by guilt. Those feelings can be even more complicated when you are trying to help your children or step-children through their emotional processing of parental separation and to sort out post-separation parenting arrangements. Divorce emotions and children   The first point to acknowledge is that whether you are a stay-at-home parent of a toddler or living with your adult children in the family home your children can colour your divorce journey. For example: Guilt – because you won't be able to fund a deposit for your adult child to buy their first home or you may have to return to work earlier than anticipated after the birth of a child  Fear – because you are worried about the impact of selling the family home on teenage children  Anger – as you know your child is upset that they are no longer living with both parents and you can't see your child as much as you would like as your ex is being difficult [related_posts] Managing divorce emotions    Some people manage their grief and divorce emotions by denying they exist and devoting their energy to appearing calm and in control. It can be counterproductive to keep a tight lid on emotions. They can explode into a burst of anger meaning you tell your ex what you really think of their behaviour. That can be unhelpful when trying to co-parent or negotiate a financial settlement. Others manage their grief by talking to family or friends but this can be wearing for friends or family if they are your sole source of support. They may also offer support that isn’t appropriate for you or the sort of help that may exacerbate your issues. Others may try to take over in the guise of helping but it is your financial settlement, not theirs. Keeping divorce emotions in check can be important if you are employed but it isn’t realistic to think that your work won't be affected by what is happening in your personal life. Sometimes letting the HR department know about your separation can help as managers may be more sympathetic if they know you have separated. That’s because employers perceive divorce as a temporary problem resulting in a short-term dip in performance rather than an unexplained and potential long-term issue. Also, some employers offer paid for counselling. Getting some help to manage divorce grief and emotions  A divorce solicitor isn’t a counsellor or therapist but you should not hide how you feel from your lawyer. They need to know this so they can provide the support you need. This could range from suggesting you meet with a specialist counsellor, see your GP or delay starting family mediation until you are ‘in a better place’ to negotiate a financial settlement.  Alternatively, you may need more practical help, such as a recommendation for an empathetic mortgage advisor or financial advisor to fully explore and explain your mortgage or financial options or advice on applying for an injunction order or a child arrangement order if your emotions are down to your ex-partner continuing to harass you or due to their behaviour around the children. Divorce emotions don’t cut off after six weeks or even a year. You may be a sudden rush of emotion when you thought you were over the worst. Telling your solicitor how you feel is important so they don’t mistake your emotional state as being willing to do a deal at a financial dispute resolution hearing when the reality is that you are feeling overwhelmed and unable to make decisions. At Evolve Family Law all our solicitors are empathetic to your situation and are here to listen and help. If you need help with your divorce or separation phone us or complete our online enquiry form.