Family Law Guidance

Who needs a divorce solicitor if you can apply for a no-fault divorce after a bit of internet research and the help of ChatGPT? In this article, our specialist Northwest family lawyers highlight the hidden costs and pitfalls of a DIY divorce. We also explain how using family lawyers can save you money and stress without costing you ££££s.  For Help With Your Divorce, Consult Evolve Family Law Today. In this guide, we cover: Is online divorce easy? The pitfalls of a DIY Divorce Under pressure to agree to a DIY divorce Joined-up divorce advice DIY divorce or specialist divorce solicitor? Frequently Asked Questions on DIY Divorce Is online divorce easy? Getting divorced online is easy if you know no-fault divorce law, follow the court process, and understand the financial consequences of divorcing without specialist family law advice. In 2022, the government simplified the divorce process by introducing no-fault divorce. Today, 99% of divorcing couples don’t need to attend a court hearing to obtain a divorce. However, the paperwork and process can be hard to navigate on your own, especially when you are struggling with coming to terms with the breakdown of your relationship or dealing with all the practical implications of separating from your spouse. The pitfalls of a DIY Divorce Highlighting the pitfalls of divorcing without a family solicitor isn't scaremongering; it helps you decide whether a DIY separation and divorce is the best option for you. The five pitfalls of a DIY divorce: You may get the timing of your separation or divorce ‘wrong’. The timing of your separation and divorce application may have significant financial consequences  Divorce may be the ‘wrong answer’ because if you divorce, you will lose the benefit of any pension, life insurance or death in service nominations. You may need to negotiate a financial settlement before obtaining your final divorce order, or agree to separate rather than divorce. In your particular personal and financial circumstances, a separation agreement may be the best option for you   The decision to divorce in England may seem the only or obvious choice of court jurisdiction, but many families have overseas links and more than one choice of court jurisdiction. If you opt out of considering alternative court jurisdictions, this could have a major impact on the financial settlement  A divorce order does not stop your ex from making financial claims in the future and doesn’t stop your ex from reneging on any financial settlement that you have negotiated between the two of you. However, future financial uncertainty can be avoided by your family lawyer negotiating a clean break financial court order  A divorce allows you to remarry, but remarrying before you have agreed a financial settlement may be a mistake. Depending on the divorce application, you may be prevented from making a later financial claim against your former spouse   These are five fairly obvious pitfalls that all divorce lawyers should flag. Other pitfalls include the impact of a separation or divorce on your immigration status if you are in the UK on a Spouse Visa, or, by applying for your final order of divorce, you lose the Land Registry notice protection designed to protect your spousal property rights over the family home.  Under pressure to agree to a DIY divorce Many people who take family law advice midway through their divorce, or after having got their divorce final order, or even after negotiating a financial settlement, say that they agreed to a DIY divorce because: Their former spouse wanted a DIY divorce – so against their better judgment, they went along with it The separation was amicable – but it didn’t stay that way It seemed simple- but it didn’t stay that way  If your ex is putting you under pressure to agree to a divorce without using lawyers, you need to think about the reasons behind the pressure, such as: They are pulling a ‘fast one’ and want to get a DIY divorce and financial court order without full financial disclosure, up-to-date valuations of assets or specialist divorce and family financial settlement advice Like you, they don’t understand what they don’t know about divorce, property, financial settlement and other associated areas of law  They think getting lawyers involved will end up with contested court hearings over child arrangement order applications and the financial settlement because that’s what divorce lawyers do.  Joined-up divorce advice Divorce law is intrinsically tied up with other more complex areas of family and other law, such as: Financial settlements after a divorce and family finance law Child support and child maintenance law Child arrangements after a separation or divorce  Property law if you or your spouse own a property  Commercial or corporate law if you or your spouse has business interests Employment law if you or your spouse is employed in a family business  Tax law that may kick in with unanticipated consequences depending on the timing of the sale or transfer of assets Pension law if either one of you has pensions   Immigration law if you or your husband or wife is in the UK on a Spouse Visa and wants to stay in the UK, or if you will be reliant on your status as a spouse to secure visa entry to a country you are hoping to relocate to Debt and bankruptcy law if your ex is bankrupt or threatening bankruptcy DIY divorce or specialist divorce solicitor? The cost of instructing a divorce lawyer is often cited as the reason for trying a DIY divorce, but whether you go ahead with a DIY divorce or instruct a specialist divorce lawyer to sort out your no-fault divorce for a fixed fee, you will need to pay the divorce court fee. In September 2026, the court fee is £628. At Evolve Family Law, our costs are transparent. Wherever possible, we charge a fixed fee for our legal services. The our prices page sets out our fixed fees for: Relationship breakdown comprehensive initial review No-fault divorce as a single applicant  Converting an agreement regarding your financial settlement into a financial court order   Most people are surprised by the set fees for a no-fault divorce, which on average takes around seven months to complete. Our services aim to reduce the emotional stress of the court process so you can focus on your children and rebuilding your life after your separation. We also offer bolt-on fixed-fee services or provide bespoke quotes if you need additional legal help, such as advice on negotiating a fair financial settlement or obtaining a child arrangement order. Consult Evolve Family Law Today. Frequently Asked Questions on DIY Divorce Can I get a financial court order before I get divorced? Yes, you can get a financial court order before the divorce proceedings are finalised if you can negotiate a fair financial settlement with your ex. The court can make a financial court order by consent once the court has made a conditional order of divorce. Your divorce isn't finalised until the court makes a final divorce order. What are survivor benefits and how does divorce affect these benefits? Survivor benefits are paid to the spouse or civil partner when their partner passes away. On divorce or dissolution of a civil partnership, you lose entitlement to widow’s, widower’s, or civil partner’s pension under your former partner’s pension scheme.  You may want to defer finalising the divorce proceedings until you get a financial court order. If you don’t protect yourself with a financial order, you could lose survivor benefits.  How will my divorce affect my immigration status or that of my spouse? If you or your wife, husband or civil partner are living in the UK on a Spouse Visa, your relationship is an essential part of your visa status. Immigration law requires you or your sponsoring partner to report your separation to the Home Office. UKVI will then curtail the Family Visa.  A family lawyer working with your immigration solicitor can review your visa status and assess how a separation and divorce will affect your visa.   What happens if I remarry without reaching a financial settlement with my first spouse?   Depending on the status of your divorce application, if you remarry or enter into a civil partnership without first obtaining a financial court order, you may be barred from making financial claims against your former spouse or civil partner. A divorce lawyer can explain if you will fall into this trap and what you can do about it. What are family home rights of occupation and what divorce pitfall ends them? Marriage and civil partnerships give some married partners and civil partners home rights if the family home is owned in one spouse/civil partner’s sole name.  You can protect these rights by registering a notice at the Land Registry. The notice ends automatically when you get your divorce final order. A divorce solicitor will explain the need to obtain a binding financial court order or ask the court to extend the order in place until you get the protection of a court order. Can one divorce lawyer advise a husband and wife on their divorce?    Yes, in some situations one divorce lawyer can represent a husband and wife in a no-fault divorce and in securing a financial consent order.    Evolve Family Law provides an amicable divorce or one-lawyer divorce service. We can discuss whether you would benefit from this service or whether other alternative dispute resolution options, such as family mediation or arbitration, would help you reach a fair financial settlement. Can I ask a divorce lawyer for advice when I am partway through the divorce proceedings?   Yes. Many people start no-fault divorce proceedings and then realise the process is more complicated than they thought, or too time-consuming. A family law solicitor can advise you on how to finalise the divorce proceedings or provide separate legal advice on your financial settlement or your children's childcare arrangements.  At Evolve Family Law, we offer a comprehensive relationship breakdown initial review for a fixed fee, including one meeting with a solicitor to discuss all legal and practical aspects of your situation, including an assessment of the best routes to resolving the breakdown of your marriage or civil partnership. Consult Evolve Family Law Today.

If you are a parent, you may be able to claim top-up child maintenance from your ex-spouse or former partner. These payments are in addition to any Child Maintenance Service assessed child support and any court-ordered spousal maintenance payments. In this guide, our Northwest family law solicitors explain what top-up child maintenance is and how to apply. Extra child maintenance can make a big difference to whether you can maintain your children's standard of living after a family separation. While money and gadgets won’t make your child’s life easier, the extra child support may make it easier for you and your child to adjust to changed circumstances. Consult Evolve Family Law Today. In this guide, we cover: What is top-up child maintenance? The differences between CMS child support and top-up child maintenance Key information about top-up child support The law and top-up child maintenance Application criteria for top-up child maintenance Court calculation of top-up child maintenance The Adjusted Formula Methodology for top-up child maintenance Situations where the court won't use the Adjusted Formula Methodology Statutory and other criteria to determine top-up child maintenance applications Statutory criteria for applications under the Matrimonial Causes Act 1973 Statutory criteria for top-up child maintenance under Schedule 1 of the Children Act 1989 Evidence for a top-up child maintenance application Negotiating top-up child maintenance and financial support Applying for top-up child maintenance Talk to Evolve Family Law about your top-up child maintenance application Frequently Asked Questions About Top-Up Child Support Applications What is top-up child maintenance? Top-up child maintenance is extra court-ordered child maintenance that’s payable in addition to a maximum Child Maintenance Service assessment. A parent can apply to court for top-up child maintenance if the Child Maintenance Service (CMS) has made a maximum assessment. A maximum assessment is possible where the paying parent's income exceeds £156,000 gross per year. The differences between CMS child support and top-up child maintenance Child Maintenance Service child support and top-up child maintenance are different because: CMS assessments are calculated using a mathematical formula that doesn’t take account of the child’s needs or the paying parent’s outgoings. A judge assesses court-ordered top-up child maintenance. The judge exercises discretion after using case law methodology and a range of statutory criteria, including the child's needs and both parents' resources.   When a child support lawyer applies for top-up child maintenance, the application and evidence will focus on: The child's needs considered in light of the standard of living experienced by the child during the marriage or while spending time with the paying parent. The adjusted formula for considering top-up child maintenance.  Both parents' respective incomes and housing and other needs.  The impact of any financial settlement and financial court order  Key information about top-up child support The Child Maintenance Service only looks at a paying parent’s income to a maximum gross income of £3,000 a week or £156,000 a year. If the CMS makes a maximum child support award, a parent can ask the court for top-up child maintenance.  A court can order top-up maintenance on the paying parent’s income above the £156,000 cap. An unmarried parent can apply for top-up child maintenance under Schedule 1 of the Children Act 1989. A divorcing parent normally applies for top-up child maintenance as part of their financial settlement, but they can apply later if the paying parent’s income increases. Top-up child maintenance is separate from a school fees order or an order for additional child support to help cover the additional costs of a child’s disability.   The law and top-up child maintenance Section 8(6) of the Child Support Act 1991 says that if the CMS has made a maximum assessment because the paying parent's income exceeds the CMS threshold, the court can make a top-up child maintenance order. Unlike the CMS, the court has discretion over whether to make an order. Three additional pieces of legislation can be relevant to a top-up child maintenance application: The Matrimonial Causes Act 1973 – if you are a married parent and applying for a divorce and financial settlement.  The Civil Partnership Act 2004 – if you are in a civil partnership and applying for a dissolution of civil partnership and a financial settlement.  Schedule 1 of the Children Act 1989 – if you are an unmarried parent or making a freestanding application.   Application criteria for top-up child maintenance Whether you are making a top-up application as an unmarried parent, a freestanding application or as part of your application for a financial settlement within divorce or dissolution court proceedings, the court won't make a top-up child support order unless you meet all four criteria: Maximum assessment - the CMS must have made a maximum maintenance award. Income - the paying parent’s gross income must exceed £156,000 per annum. Child qualifies – your child must be under 18. If your child is in full-time education, the age limit is extended to 20. Residence – your child must live with you as the applicant parent.  Court calculation of top-up child maintenance The court doesn’t use the CMS formula to calculate top-up child maintenance. Instead, the court bases its decision on the statutory formula and family court decisions. Since 2023, and following the reported court case of James v Seymour [2023] EWHC 844, the family court has considered the Adjusted Formula Methodology (AFM) when assessing top-up child maintenance applications. Unlike CMS child support calculations, which use a set formula to calculate child maintenance, the AFM is not necessarily the end point for a top-up child maintenance order. Instead, the AFM is the starting point for the family judge to use as a base, then exercise judicial discretion to increase or reduce the figure. In addition, the AFM approach is only relevant if the paying parent earns between £156,000 and £650,000 gross per year.  Specialist child support solicitors are adept at gathering evidence of a paying parent’s income where there is a dispute over the extent of earnings. For example, where the paying parent: Is self-employed Is suspected of diverting income  Has a lifestyle that is at odds with and is inconsistent with their income as reported to HMRC The Adjusted Formula Methodology for top-up child maintenance Where a paying parent has an income within the £156,000 to £650,000 range, the court will: Look at the paying parent's gross income from their tax return (or P60 if they only have salaried employment).  Reduce the paying parent's stated income if other children are living in the parent’s household. These children don’t need to be the biological children of the paying parent; they can be stepchildren or adopted children. The paying parent’s gross income is reduced by 11% for one child in the paying parent’s household, 14% for two children, and 16% for three or more children.  Reduce the paying parent's gross income by the amount of their pension contributions. Calculate the gross figure for all child support payments paid by the paying parent. The figure should include private school fees. The net child support figure is grossed up to reflect the tax paid by the paying parent on the income used to pay child support commitments. Calculate child support by using the CMS formula to the paying parent's first £156,000 of gross income. This involves looking at the first £800 of gross income per week and calculating child support at 12% for one child, 16% for two children, and 19% for three or more children. For income between £801 and £3,000 gross per week, the rate is 9% for one child, 12% for two children, and 15% for three or more children. Calculate child support for the paying parent’s remaining income up to a cap of £650,000 gross per year using reduced percentage figures of 2.4% for one child and 3% for each of two or three children.  Adjust the calculated child support figure depending on the number of overnight contact visits the paying parent has by using the CMS shared parenting discounts. Situations where the court won't use the Adjusted Formula Methodology The case law says that the court shouldn’t use the Adjusted Formula Methodology to calculate top-up child maintenance when: The paying parent earns over £650,000 gross per annum, or The paying parent's income is predominantly based on capital assets and drawdown rather than earnings, or  There are four or more children requiring child support, or The application is to vary an existing child support order.  In these situations, the court should instead examine the statutory factors in Section 25 of the Matrimonial Causes Act 1973 or Schedule 1 of the Children Act 1989, and carry out an assessment of the children’s and parent’s needs (referred to as a Household Expenditure Child Support Award assessment). Statutory and other criteria to determine top-up child maintenance applications If the court uses the Adjusted Formula Methodology as a starting point, you need to understand the additional court considerations for determining the level of top-up child support. The court will consider: Statutory criteria – the criteria depend on your top-up child maintenance application  Household expenditure child support.  After looking at the AFM figure, the court will assess the amount by carrying out what is known as a Household Expenditure Child Support Award assessment. This involves assessing the amount reasonably required to sustain your child at an appropriate standard of living. When looking at the standard of living, the court can recognise that: An applicant for a top-up child maintenance order may need financial assistance beyond strict child-related expenses, and  The standard of living enjoyed by the child during the parental relationship and that enjoyed by the paying parent are relevant.   Accordingly, when a child support lawyer looks at a Household Expenditure Child Support Award assessment, the outgoings on the schedule are not limited to the child’s care needs but include a reasonable proportion of general household outgoings, such as:  Mortgage or rent Utility bills Travel costs and car expenditure Holidays and leisure  The court will also need a detailed breakdown of all child-related expenditure, such as additional monies spent on tuition fees or childcare provision. Statutory criteria for applications under the Matrimonial Causes Act 1973 The family court also considers the statutory factors that govern a husband or wife's application for a financial court order under Section 25 of the Matrimonial Causes Act 1973. These Section 25 factors include: The income, earning capacity, property, and financial resources of each parent.  The financial needs, obligations, and responsibilities of each parent. The standard of living enjoyed by the family before the marriage breakdown. The ages of the parents. The parents' potential earnings capacity. Any physical or mental disabilities of either parent or children Any prenuptial agreement or postnuptial agreement, provided that agreement safeguards were met and the terms of the agreement meet both parties' reasonable needs. Statutory criteria for top-up child maintenance under Schedule 1 of the Children Act 1989 If a top-up child maintenance application is being made under Schedule 1 of the Children Act, the court will also consider: the income, earning capacity, property, and financial resources available to each parent.  The financial needs, obligations, and responsibilities of each parent. The financial needs of the child, including the child’s living costs. Any income, earning capacity, property, and financial resources of the child. Any physical or mental disability of the child. The manner in which the child was being, or was expected to be, educated or trained. Evidence for a top-up child maintenance application If you are applying for top-up child maintenance for your child, the court needs evidence and supporting financial paperwork about your former partner’s income.  During the financial disclosure process, your solicitor can ask for additional documents and ask questions about the financial disclosure.  Because the court can exercise its discretion, use the AFM as a starting point, and consider the Household Expenditure Child Support Assessment and statutory factors, it is also important to have evidence of child-related outgoings, after factoring in the standard of living enjoyed during the relationship and the paying parent's current lifestyle choices. It is helpful to schedule your child’s expenses and associated costs. These can include: Nursery or childcare provision Paid care, such as a nanny  Extracurricular activities or sports Clothing  Equipment, such as sports or musical equipment Travel costs  Any additional healthcare expenses, such as health insurance  Presents  Pets and all associated costs such as food, pet insurance and veterinary expenses  School-associated expenditure, such as books and equipment  Any additional expenses linked to a child’s disability    Negotiating top-up child maintenance and financial support Most parents receiving financial support aren’t worried about whether the monthly allowance is CMS child support, top-up child maintenance, or spousal maintenance. However, some paying parents prefer to think their monthly payments are purely for their children, not their former spouse.  When negotiating the type of monthly financial support, your financial settlement lawyer will weigh up these factors and their relevance to your situation: Child support will stop when your children reach a specified age or if your children move to live with the paying parent. Child support may reduce if the paying parent applies for a reduction. For example, if your children spend additional time at the paying parent’s house. Spousal maintenance automatically stops if you remarry and may stop if you cohabit with a new partner. Spousal maintenance may reduce if you increase your income. Any child support or spousal maintenance order can be reduced if the person paying the financial support loses their income or has a change in circumstances. The court may not award spousal maintenance if you are receiving the lion's share of the equity in the family home or other assets so you have secure accommodation. Applying for top-up child maintenance A top-up child maintenance application involves an initial CMS application to secure a maximum award under the CMS rules, followed by an application to the family court for top-up child maintenance. This application can be combined with other applications, such as: A financial order under the Matrimonial Causes Act 1973 for a property adjustment order, pension sharing order, lump sum order or spousal maintenance order. A school fees order for the payment of private school fees. A lump sum order under Schedule 1 of the Children Act 1989 for monies associated with caring for a child.  Additional child support to cover the associated costs of caring for a child with a disability.  When you combine several applications, it's important to check the financial disclosure requirements and court process. Whether you are making a freestanding or combined court application, you should consider alternative dispute resolution options. Court rules encourage negotiation before court proceedings begin. Failing to participate in ADR could cause delays, as the court may adjourn the application to allow ADR to take place. A family lawyer can advise on the different types of alternative dispute resolution options, including: Family mediation  Arbitration Collaborative law  Solicitor negotiations Although you may want to rule out mediation because of the power imbalance between you and your ex, or because of your former partner's behaviour, a specialist family law solicitor can explore the different types of mediation available, including solicitor-led mediation or hybrid mediation. Talk to Evolve Family Law about your top-up child maintenance application Top-up child maintenance applications can be complicated, as they involve obtaining a maximum CMS assessment and a court application with a choice of statutory routes and criteria. Respondents to financial settlement applications that include top-up child support requests will normally have complex finances involving self-employment, family businesses, offshore assets, trusts and income and capital distributions or issues over financial disclosure or asset valuations. A specialist financial settlement solicitor can best handle a financial settlement and top-up child maintenance, with the expertise to focus on the financial disclosure needed to prove your ex-partner’s income justifies top-up child support.  Our team of family law experts will work with you and provide the clear guidance and strategic advice you need to make your child’s childhood financially comfortable. Consult Evolve Family Law Today.  Our family law solicitors are based in Manchester and Holmes Chapel in Cheshire, but we advise husbands, wives, and unmarried partners across the UK, providing the specialist advice they need. Frequently Asked Questions About Top-Up Child Support Applications A top-up child maintenance order provides additional child maintenance payments to the Child Maintenance Service maximum award. You can apply for a top-up child support order if a paying parent’s gross income exceeds £156,000 per year. If you are struggling to establish your ex-partner’s income, our expert family lawyers can obtain financial disclosure, analyse it and ask additional questions if you suspect that your ex is hiding assets or income. How can I prove my ex earns over £156,000 gross a year? A family lawyer will discuss the evidence needed to establish that your ex-partner earns over the CMS threshold for a top-up child support application. In the court application process, the lawyers at Evolve Family Law will pursue full financial disclosure of your ex-partner’s financial circumstances to help you secure the financial settlement and top-up child support you need. Can I apply for a top-up child maintenance order? You can apply for a top-up child maintenance order if the CMS has made a maximum maintenance assessment. A family law solicitor can advise you on your CMS application and the additional applications you can make if you're a married or an unmarried parent, such as housing provision for a dependent child if you weren’t married to your ex-partner. Can an unmarried parent apply for a top-up child support order? Yes. Unmarried or married parents can apply for top-up child maintenance orders provided the CMS has made a maximum CMS award. An unmarried parent can also apply for additional orders, such as housing provision for their child or for property orders in their own right if they have either a legal or equitable interest in the family home or other property.  Will the court use the CMS formula to calculate the top-up child maintenance? No, the court will use the Adjusted Formula Methodology, needs-based approach, or statutory criteria to assess whether top-up child maintenance should be ordered and the amount. A lawyer can outline the application process and criteria to help you decide whether to apply. Can a top-up child maintenance order include school fees? If your child is being educated privately or you hope to enrol your child into a private school, you can ask the court to make a school fees order. If your former partner doesn't agree with your child attending a private school, you can ask the court to make a specific issue order. The court can make a school fees order even where the CMS hasn’t made a maximum assessment and where a parent can't apply for top-up child maintenance. How long will the top-up child maintenance order last? A typical top-up child maintenance order usually lasts until your child reaches 18, or until they complete their full-time secondary education.  In some situations, a court can extend the order. For example, if your child is in further education or has disabilities that mean they will need financial support beyond the age of 18. How long does a top-up child maintenance application take? Top-up child maintenance applications can take 12 months, depending on court timetables. Sometimes the process takes longer if your application is heard with your divorce financial settlement claim, or with a Schedule 1 application for housing provision or a lump sum order. Our child maintenance solicitors will advise on alternative dispute resolution options and settlement offers, and help you resolve child support and a financial settlement by agreement.    Can a top-up child maintenance order be changed? Yes. You can change top-up child maintenance by agreement or court order. A top-up order can be discharged if a child moves to live with the paying parent or if the paying parent loses their job. Other circumstances may justify increasing top-up child maintenance. Consult Evolve Family Law Today.  Our offices are in Manchester and Holmes Chapel in Cheshire, but we provide specialist family law advice to clients from across the UK.

Losing someone you care about is hard enough, but it can be a double blow to discover that their Will (or the intestacy rules if they didn’t make a Will) leaves you with no share of their estate or inadequate financial support. If your grief is compounded by worries about how you will cope financially, or you think the Will or intestacy rules aren’t fair and don’t make reasonable financial provision for you, then you may be able to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975. The 1975 Act allows the court to adjust the provisions in the Will or the intestacy rules so you receive reasonable financial provision. In this guide, Evolve Family Law helps you understand whether you or others could bring an estate claim, what reasonable financial provision under the Inheritance Act 1975 means, and how Evolve Family Law can support you with empathetic, expert legal advice. Consult Evolve Family Law Today This guide covers: Who can Make a Claim Under the Inheritance Act 1975? 1975 Act Claims as a Child Applicant 1975 Act Claims as a Financial Dependent What Counts as Reasonable Financial Provision Under the Inheritance Act? Reasonable Financial Provision for Spouses and Civil Partners and Other Claimants Examples of Inheritance (Provision for Family and Dependants) Act Claims Time Limits for Inheritance (Provision for Family and Dependants) Act Claims Evidence Needed for an Inheritance (Provision for Family and Dependants) Act Claim Making an Inheritance (Provision for Family and Dependants) Act Claim Evolve Family Law and Inheritance Act Claims Frequently Asked Questions on Inheritance Act Claims   Who can the Inheritance (Provision for Family and Dependants) Act 1975 Help? The Inheritance (Provision for Family and Dependants) Act 1975 can help you if: You fall within the class of people who have a right to bring an inheritance claim, and You were left out of the Will, or the Will didn’t make reasonable financial provision for you, or The deceased didn’t leave a Will, and you either aren’t entitled to anything under the intestacy rules or the intestacy rules don’t make reasonable financial provision for you It's daunting to think of court claims when you have lost someone. Our inheritance dispute solicitors will support and guide you through the process of putting things right, so you get reasonable financial provision.   Who can Make a Claim Under the Inheritance Act 1975? The Inheritance Act 1975 sets out the categories of people who may be eligible to claim reasonable financial provision out of an estate. You can claim reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 if you were the deceased's: Spouse - husband, wife or civil partner Former spouse or civil partner – provided that you haven’t remarried or entered into a civil partnership Cohabitant or unmarried partner, and you lived with the deceased for at least two years immediately before their death as if you were married or in a civil partnership A child – children are widely defined in the Act Financial dependant who doesn’t fall within any of the other categories, but immediately before the death of the deceased was being maintained, either wholly or partly, by the deceased You may find it difficult to work out if you can make a claim against an estate if you are unsure of your rights as a former spouse with a financial court order, or you were an unmarried partner or an adult child. Our estate claim lawyers will cut through the legalese of the 1975 Act and explain if you fall within the definition of a potential claimant and outline the next steps. It isn't unusual for there to be several potential claimants, such as an unmarried partner, former spouse and the deceased’s adult or young children. A specialist Inheritance Act lawyer can assess any competing claims and outline the court process if you have been left out of a Will or if there is no Will.   1975 Act Claims as a Child Applicant Under the 1975 Act, a child includes: Biological children (from married and unmarried parental relationships) Adopted children Children treated as a child of the family (such as stepchildren or children raised by the deceased and treated as a member of the family) If you fall within the definition of a child, you don’t need to be under 18 to bring a claim.  An inheritance disputes lawyer can explain how your adult child claim will be assessed if other family members say that they need financial provision, such as a second wife or someone says they were financially dependent on the deceased.   1975 Act Claims as a Financial Dependent The 1975 Act states that you can only bring a financial dependent claim if you were: Being maintained by the deceased (either wholly or partly) and The deceased was making a substantial contribution in money or money's worth towards your reasonable needs and The deceased’s contribution towards your finances wasn’t a commercial agreement, such as an employment contract between employer and housekeeper   What Counts as Reasonable Financial Provision Under the Inheritance Act? You need to know what reasonable financial provision you may get before you make an inheritance claim. There's no blanket answer, as in every 1975 Act claim the court considers: Your financial needs and resources - now and in the future The size and nature of the deceased’s net estate after taxes have been paid The obligations and responsibilities the deceased had toward you or any other claimant or beneficiary Any physical or mental health needs of all claimants and beneficiaries The financial resources and needs of any other 1975 Act claimants or Will or intestacy rule beneficiaries– now and in the future Any other matter, such as the conduct of a claimant or any other person   Reasonable Financial Provision for Spouses and Civil Partners and Other Claimants The amount you'll receive as reasonable financial provision depends on your status, as the 1975 Act distinguishes between: Husbands, wives and civil partners, and All other claimants. Spouses and civil partners If you are a spouse or civil partner (and there was no judicial separation order), the court can order such financial provision as it would be reasonable in all the circumstances of the case for a husband or wife to receive, whether or not that provision is required for his or her maintenance. Non-spouse claims If you aren’t a spouse or civil partner, the 1975 Act claim limits your reasonable financial provision claim to such financial provision as it would be reasonable in all the circumstances of the case for you to receive for maintenance.   Examples of Inheritance (Provision for Family and Dependants) Act Claims You may think you are on your own in having to make a 1975 Act claim against an estate, but here are some of the typical scenarios where inheritance  dispute solicitors can help you: You were the deceased’s unmarried partner, and they either didn’t get round to making a Will or their Will was old and doesn’t mention you, or you were left out of a Will You are one of the deceased’s children and because your parent remarried, the majority of the estate goes to their new spouse under the intestacy rules You’d separated from the deceased, and they’d changed their Will, but you hadn’t signed a financial settlement to get a fair share of the family assets before their death You were the deceased’s former spouse and were reliant on them for spousal maintenance The deceased made a Will unexpectedly favouring someone they hadn’t known long You think the Will is unfair as it doesn’t treat all the deceased’s children equally You were financially dependent on the deceased, but the Will or the intestacy rules don’t reflect this There's no need to be embarrassed about disinheritance or making an estate claim. Many people can find themselves in your situation; unsure where to turn and worried about what the extended family will think if they bring a claim. A discussion with an inheritance disputes solicitor doesn’t commit you to bringing a claim, but it will help you understand if you have the right to bring a claim and give you information about the claim process.   Time Limits for Inheritance (Provision for Family and Dependants) Act Claims The law says you have six months from the date of the grant of probate to make a claim.  Missing the deadline can either make your claim significantly harder or even prevent you from making a claim. At Evolve, we emphasise the need for early Inheritance Act advice because: You need time to decide whether to make a claim Evidence is easier to gather if you don’t leave your claim to the deadline You may be able to negotiate a settlement within the six-month deadline so you  don't need to start court proceedings If you are close to the deadline, urgent action is essential.   Evidence Needed for an Inheritance (Provision for Family and Dependants) Act Claim A successful claim under the 1975 Inheritance Act requires clear evidence on: Your relationship to the deceased The deceased’s obligations toward you Your financial needs You may be able to easily prove your relationship to the deceased by producing a marriage certificate or birth certificate. You’ll need more extensive evidence of your relationship to the deceased if you are claiming as an unmarried partner of two plus years or because you were financially dependent.  In these situations, Evolve Family Law will work out the best evidence to prove your claim status, such as historical council tax or utility bills that prove you were living with the deceased for over two years or were financially dependent on them. Our lawyers will spend time assessing how best to evidence your financial needs and putting those needs into context with the size of the deceased’s estate, your relationship and financial needs and any other competing claims under the Will, intestacy rules or the 1975 Act. It's important to consider any competing claims and the extent of the other beneficiaries' needs, as the court will need to assess them when deciding whether to make an order.   Making an Inheritance (Provision for Family and Dependants) Act Claim As your Inheritance Act lawyers, it's our job to look out for your financial interests and make sure that you receive the reasonable financial provision you need from the estate. That’s achieved by: Our initial assessment of your potential claim Evidence and information gathering Pre-claim negotiation to see if reasonable financial provision can be negotiated Mediation and alternative dispute resolution Issuing the claim Court hearings and specialist representation Implementation of the court order The timing of issuing the claim is important, as the claim stops the estate from being distributed under the terms of the Will or in accordance with the intestacy rules. Whilst there is a standard claims process, every 1975 Act claim is different because: There may be no time to negotiate or mediate before starting court proceedings because a delay risks you being time-barred from bringing a claim The deceased had a complicated family dynamic with several family members having competing claims, such as a step-parent or half-siblings, and the complexities of the blended family make it hard to mediate The Will left the entire estate to a national charity, which is challenging the claim   Evolve Family Law and Inheritance Act Claims Evolve Family Law is a first choice for estate claims because: Our specialist lawyers will assess if you have a claim and give you realistic advice on your prospects for success once we know the size of the estate, your financial  needs and any competing claims We believe in transparency from the outset; that involves clear pricing, clear expectations, and a clear plan so you know what to expect We take a team approach, working with you on evidence gathering to prove your relationship with the deceased and the extent of your needs We are committed to alternative dispute resolution – keeping your Inheritance  Act claim out of court and reaching a settlement to achieve reasonable financial provision for you without the expense and emotional costs of court proceedings Our estate lawyers work with our expert family law solicitors. We have specialist knowledge on tap about the impact of separations, divorce proceedings and financial court orders We are tough negotiators, but we never forget that in many cases the executors or beneficiaries under the Will or intestacy rules may be members of your family, so toughness needs to be tempered by sensitivity to your family situation We will make sure you feel supported and informed at each stage of the 1975 Act claims process Consult Evolve Family Law Today   Frequently Asked Questions on Inheritance Act Claims How can I prove my estate claim? How you prove your estate claim depends on several factors, such as the nature of your relationship with the deceased, the extent of your financial needs and your requirement for reasonable financial provision from the estate. Our Inheritance Act solicitors will gather information and advise on the best way to prove your claim. Their individual approach ensures that your claim is thoroughly assessed and prepared with attention to detail. Is my Inheritance Act claim bound to fail because the deceased had children? No, many successful Inheritance claims are made where the deceased had children, and the children are due to inherit all or a share of the estate under a Will or, if there is no Will, under the intestacy rules. An Inheritance Act solicitor can assess your potential claim and advise on the prospects for success once they know about your needs and requirements for reasonable financial provision, the size of the estate and the competing claims. I was disinherited. Can I make a 1975 Act claim? Yes, you can, provided you fall within one of the categories of people entitled to bring a claim. An estate lawyer can look at all your options, including challenging the Will and making an Inheritance Act claim. Will I have to go to estate claim mediation? The court encourages all claimants and respondents to negotiate and use alternative dispute resolution (ADR) to settle claims. Mediation is one type of ADR. Estate lawyers recognise that mediating a 1975 Act claim can be tough, especially if you want to maintain relationships with family members with competing claims, if family tensions are running high or if you are estranged from family members. At Evolve Family Law, we will talk you through all your ADR options and work out the best way to negotiate reasonable financial provision from the estate for you.      Will I have to go to court to change the terms of my relative's Will? If you think your relative didn’t make reasonable financial provision for you in their Will, then you may have a potential claim under the Inheritance (Provision for Family and Dependants) Act. If the beneficiaries named in the Will agree that you should receive a share of the estate through solicitor negotiations or mediation, then a deed of variation can be prepared without the need for you to go to court to get an order. Can I challenge the Will and make an Inheritance Act claim? Yes, as you may have two valid claims. You can challenge the Will that cut you out from receiving a share of the estate if you have evidence that the deceased lacked capacity to sign a Will or was coerced into signing the Will. You may have a separate claim under the Inheritance Act because, if the court finds that the Will was valid, the Will didn’t make reasonable financial provision for you. An estate lawyer can advise on whether it's best to challenge the Will and make an Inheritance Act claim and how to focus on reaching a fair settlement. How long does it take to make a court claim against an estate? How long it takes to bring an estate claim depends on whether your inheritance disputes lawyer can negotiate reasonable financial provision for you, or whether you have to wait for a judge to rule on the merits of your claim and make an order for reasonable financial provision under the 1975 Act. At Evolve Family Law, we focus on early evidence gathering to strengthen your negotiating position. We do our utmost to settle estate claims to avoid delay and the family fall-out that can result from court proceedings. At every step of your claim, we’ll keep you informed so you can decide whether settling or pursuing your court claim is in your best interests. Consult Evolve Family Law Today

Navigating financial disclosure can be complicated when you are trying to negotiate who gets to keep the family home, business or pension after a separation. If you are frustrated with the speed and scale of financial disclosure in divorce proceedings, our family lawyers can help you with expert financial disclosure and settlement guidance Consult Evolve Family Law Today What our divorce solicitors cover in this article: When is Financial Disclosure Necessary? Why is Financial Disclosure Necessary Limiting Financial Disclosure in Negotiations and Court Proceedings The Financial Disclosure Process Form E Financial Disclosure Form D81 Financial Disclosure Updating Financial Disclosure Full Form E Financial Disclosure Form E Disclosure and Supporting Documents Properties and Form E Disclosure Financial Disclosure of Company and Business Interests Debts and Liabilities Penalties for Financial Non-disclosure Forcing Your Ex to Provide Full Financial Disclosure Talk to Evolve Family Law Frequently Asked Questions on Financial Disclosure When is Financial Disclosure Necessary? You need financial disclosure if you are reaching a financial settlement through: Direct discussions with your ex Solicitor negotiations Family mediation Family arbitration Financial court proceedings Why is Financial Disclosure Necessary Financial disclosure is a crucial first step in negotiating a fair financial settlement because: You both need to know what assets you individually and jointly own and their current value to reach a fair divorce settlement Court rules require limited financial disclosure (D81 form) when the court is asked to approve an agreed financial settlement or convert a mediated agreement or separation agreement into a binding consent order Court rules require standard Form E disclosure in financial court proceedings If full financial disclosure isn't given, a husband or wife can apply to set aside a court order made by agreement or after a final hearing Limiting Financial Disclosure in Negotiations and Court Proceedings You may think full financial disclosure isn’t necessary because: You are splitting amicably and trust your ex You were both open about finances during the marriage You haven’t been married long You both earn a similar amount Neither of you has many assets, so there is nothing to argue about You don’t want to risk your ex asking questions about your assets or their value You signed a prenuptial or a postnuptial agreement     Financial disclosure is still necessary in all these scenarios. However, a divorce solicitor can look at whether disclosure can be limited in scope while still protecting you and without risking your financial court order being overturned by a later challenge. The Financial Disclosure Process In financial court proceedings, there is a set process for financial disclosure. Court rules require a husband and wife or civil partners to provide financial disclosure by: Completing a Form E document, and Providing standard financial disclosure of specified assets Allowing spouses to ask questions about their ex’s financial disclosure, provided the court assesses the questions as relevant and proportionate Requiring up-to-date asset valuations if the court thinks that valuation reports are cost proportionate Financial settlement solicitors, family mediators and family arbitrators all suggest using a similar financial disclosure process because without full financial disclosure: Your ex may not agree to a financial settlement because they don’t trust you Your ex could try to have the financial settlement overturned if they discover that you had other assets at the time of the financial settlement or your assets were worth more than you said You could spend time and money on solicitor negotiations or family mediation to try to reach a financial settlement, and that time and money will be wasted if your ex is insistent that they want full financial disclosure Form E Financial Disclosure A Form E must be completed by a husband and wife or by civil partners after one spouse or civil partner has applied for a financial order. When you make a financial application, the court gives dates to: Complete your Form E and exchange the document and supporting financial  paperwork with your ex’s divorce solicitor Exchange questionnaires to ask questions about your ex’s financial disclosure and to ask for additional documents Attend a first directions appointment hearing when the judge decides if questions should be answered and if valuations should be obtained It is only in rare situations that a directions order can alter the Form E financial disclosure process. For example, where a couple signed a prenuptial agreement and were married for a short period, the spouse wanting to enforce the terms of the prenuptial agreement argues that full Form E financial disclosure isn't cost proportionate. Form D81 Financial Disclosure If you have reached a financial settlement with your spouse through: Direct discussion Solicitor negotiations Family mediation You need to convert your settlement agreement into a binding financial court order. You don’t normally need to file a Form E when asking the court to approve a financial consent order, as the court only wants limited information to decide whether the order is fair to both of you and should be approved. A Form D81 is submitted to court with the agreed financial court order for court approval. The D81 form briefly details both of your assets, income, and liabilities so the judge has enough information to decide if the order sought is fair. Updating Financial Disclosure Your financial position and asset values can change. For example, your shares may significantly gain or fall in value. Court rules provide an ongoing obligation to update financial disclosure if circumstances change. This could include a salary increase, bonus payment, redundancy or a decision to move in with your new cohabitee. If you are unsure whether a change in circumstances needs to be disclosed, it's best to speak to a financial settlement solicitor. If you don’t report a significant change, such as an offer received to buy unlisted shares in a family business, then when your ex-partner discovers the non-disclosure, they could ask the court to: Make adverse inferences about the non-disclosure if it is discovered before the court makes a financial court order, or Review the final financial court order because it was based on inaccurate or out-of-date financial disclosure The duty to provide full financial disclosure continues until a financial settlement is reached by the court making a financial court order by agreement or after a contested final hearing.    Full Form E Financial Disclosure The Form E is prescriptive, so you can't adjust your financial disclosure because you don’t think an asset is relevant. It’s understandable to be concerned about how to fill in the Form E and the impact of full financial disclosure on the size of the settlement. Your financial settlement lawyer will advise you on full disclosure and: Whether an asset is likely to be treated as a family asset or non-family asset by the court The relevance of your prenuptial agreement or postnuptial agreement How the court will view and treat pre-marriage acquired assets, such as a family business, property or pension The relevance of post-separation assets, such as an inheritance or large bonus How assets such as discretionary trusts are treated in financial proceedings and the relevance of income or capital distributions during your marriage    Form E Disclosure and Supporting Documents Form E disclosure requires information about both your personal and financial circumstances. Personal information includes: Your age Where you live and your housing plans Whether you are in a new relationship and plan to cohabit or remarry Your health and its impact on you Financial information includes: Properties Bank accounts and investments Income Pensions Company shareholdings and business interests Debts and liabilities Properties and Form E Disclosure All property that you own or have a legal or beneficial interest in must be disclosed. This includes: Jointly owned and sole ownership Where you have a beneficial interest through a deed of trust or cohabitation agreement Property that you say isn't relevant to your financial settlement, such as your parent’s home transferred into your name as part of an inheritance tax or care home fee strategy Property you own or have an interest in with a former partner Buy-to-let property or investment property Property bought before your marriage A family home or holiday home in the UK or overseas Property acquired through discretionary trust arrangements Property where there is no equity as you have a 100% mortgage or second loans Form E Disclosure of Bank Accounts and Investments Your Form E must include details of all: Bank accounts Building society accounts Investments, shares and savings ISAs Cryptocurrency Bonds Disclosure is required if the account or investment is in your sole name or jointly. Full disclosure includes dormant accounts. Income Disclosure in Financial Settlements You may have questions about what income must be disclosed when negotiating a financial settlement or when responding to a financial application. Income is anything that needs to be reported to the HMRC as falling within their income rules. Income includes: Salary from employment Overtime payments Bonuses including guaranteed and performance-related bonuses Commission Share options Benefits in kind Deferred income agreements Promotions, forthcoming salary increases and delayed payments Self-employed income, including company director income and share dividends Income from side hustles and secondary employment State benefits Income from investments, including ISA interest and dividends and non-ISA investment income Property rental income including buy-to-let and second holiday home rental income Pensions and Financial Disclosure Pensions are complicated or can be hard to trace. That’s why you may be tempted to ignore an old pension or to think it isn't worth the hassle to disclose an old work pension or to ask questions about your husband's workplace pension. Disclosure rules say that all pensions must be disclosed, including:     Private pensions Current and any former workplace pension schemes State pensions SIPPs – self-invested pensions SSAS company pension schemes For every pension you hold, you need to disclose the Cash Equivalent Transfer Value. The CETV may not be a true reflection of the pension's value. That’s why it may be best to get an actuarial report to consider the various pension schemes, their objective value, the pension offsetting figure and the pension sharing order percentage figure to achieve parity of pension income on retirement. The percentage figure may not be 50% because of your ages or pension yields. Alternatively, equal pension income in retirement may not be reasonable depending on your circumstances, such as a short marriage. Financial Disclosure of Company and Business Interests In addition to disclosing any listed shares, you also need to disclose unlisted shares in a family business as well as partnerships or sole trader businesses. Business disclosure should include: Company or partnership accounts Details of all shareholdings or partnership interest Details of any loans, such as a director’s loan. Best estimate of the value of the business interest You may want the court to order a business valuation by an accountant to accurately assess the value of the business so you know the business's likely net worth and can negotiate a fair financial settlement. Debts and Liabilities When you are completing financial disclosure, it can be easy to forget to list all debts, including: Bank overdrafts Credit cards Store cards Loans such as furniture or car loans Secured loans on property or unsecured loans Money owing to family and friends Outstanding tax, such as income tax or capital gains tax Any outstanding legal or other fees For each liability, you need to provide: Evidence of the debt The outstanding balance The loan repayment terms Penalties for Financial Non-disclosure There are repercussions if you or your spouse doesn’t disclose an asset in financial settlement negotiations or court proceedings, including: Your spouse may refuse to settle because they don’t trust you The court could order more extensive financial disclosure A judge could order committal for contempt of court The court could make adverse findings for lack of full and frank financial disclosure The court could make a cost order You or your ex could apply to the court to set aside the financial court order because of the non-disclosure The court can set aside a final court order if the financial non-disclosure was either fraudulent or an error. If the failure to disclose wasn’t fraudulent, the court will only set aside the order if the judge would have made a substantially different financial court order if there had been full financial disclosure. Forcing Your Ex to Provide Full Financial Disclosure If you are struggling to get financial paperwork from your ex or don’t believe that their disclosure is the full picture, our divorce solicitors can help you look for: Undisclosed bank accounts, savings, or income Undervalued assets Diverted income, such as deferred bonuses or accounting if your ex is self-employed Assets transferred to friends or family The transfer of assets overseas, including the use of offshore accounts and trusts Use of digital assets, such as cryptocurrency, to try to hide assets A divorce lawyer can look at your concerns and the basis for them and advise on how best to pursue full financial disclosure, weighing up the costs and potential benefits. Talk to Evolve Family Law If you are struggling to get financial disclosure from your ex, or unsure if your ex has told you everything or worried about how to fill in your Form E, then the specialist financial settlement lawyers at Evolve Family Law can help you with: Financial settlement negotiations Legal advice and mediation support Court representation in financial remedy proceedings Form E and financial disclosure advice Reviewing your ex’s financial disclosure and advising on options Advice on freezing injunctions if your ex is dissipating assets Advising on financial settlement after full financial disclosure has been completed If you are thinking about a separation or are in the midst of a divorce, then our family law solicitors can help you by expertly guiding you through the financial disclosure process and helping you secure a fair financial settlement. Consult Evolve Family Law Today Frequently Asked Questions on Financial Disclosure What happens if my spouse won't complete a Form E? You need to apply to court for a financial order if you are in negotiations and your ex won't provide full financial disclosure, or asks you to rely on their asset values without supporting paperwork. Court rules will require them to file a Form E and to cooperate with the disclosure process. Does my inheritance need to be disclosed? It depends. If you are a named beneficiary in a Will but you don’t expect to receive an inheritance imminently, then you don’t need to disclose the potential inheritance. If you are due to receive an inheritance soon or have received it, then you must disclose it even though you may want to argue that the inheritance should be ignored when working out a fair financial settlement. Can I ignore financial disclosure requests as I signed a prenuptial agreement? No, you shouldn’t ignore disclosure requests. Your lawyer will need to consider the wording of the prenuptial agreement and the extent of the disclosure being sought and explain your options. Ignoring requests and not engaging will probably result in your ex applying to court for a financial order. Do I need to disclose a family trust if I haven’t had any money from it? Yes, if you are a named beneficiary in a discretionary trust, you need to disclose its existence even if you haven’t received any income or capital from the trustees and may not do so in future. The position is different if the trust is in a Will and the testator has not passed away. It's always best to speak to a family finance lawyer about the scope of the financial disclosure required when there are trust interests. Too much information can lead to unrealistic expectations. Too little information could result in your ex successfully applying to overturn a financial court order if it was made without revealing the existence of the discretionary or overseas trust. Does my ex need to disclose their bonus? Yes, your ex must disclose their bonus as part of the requirement to provide full financial disclosure. The court may treat the bonus payment differently to their regular income, but it must still be disclosed. What are adverse inferences in financial proceedings? If your ex refuses to provide financial disclosure, or you can show that they didn’t provide full financial disclosure when filling in their Form E, the court can draw adverse inferences. An example of an adverse inference is the court finding that your ex has undisclosed cash savings because their personal or business bank accounts show that over time cash was syphoned off, although you can't trace where the money was put. Consult Evolve Family Law Today

If you’ve experienced domestic abuse throughout your relationship, you may find the level of abuse escalates after you tell your ex that the relationship is over. Others only experience abuse after they tell their ex that the relationship is at an end. Whatever your circumstances, you and your children need to stay safe when you decide to end your relationship. The family lawyers at Evolve Family Law in Holmes Chapel, Cheshire and Manchester can help you obtain injunction orders to keep you safe. Our advice doesn’t stop there. Our divorce solicitors help sort out the wider issues that led to the coercion or abuse after the relationship ended or when your relationship was in its last throes. If you are worried about parenting arrangements or money, our compassionate family law solicitors in Cheshire and Manchester can help you navigate parenting arrangements for your children, secure a child arrangement order or a financial settlement that’s based on fairness and your needs rather than your ex’s bullying and coercion. Consult Evolve Family Law Today.    Staying Safe Against Domestic Abuse Are you debating whether or not to talk to a family solicitor about an injunction? It can be a tough initial decision, as many people assume that the law won't protect them from what they are experiencing or that consulting a family lawyer will only make things worse, assuming they won't be believed or their ex will retaliate. At Evolve, we explain your rights and options. Calling us doesn’t commit you to applying for an injunction, but it does give you the information to understand what help is out there and how you can get the protection of UK family law. Gaslit Into Thinking That it Isn't Domestic Abuse Your ex or your relatives may have gaslit you into believing that your lived experiences don’t count. They do. You don’t have to have been hospitalised to have been the victim of domestic abuse. The definition of domestic abuse is very wide and covers: Any incidents or pattern of behaviour By anyone perpetrating it aged over 16 By any victim who is or was an intimate partner or family member Control, coercion, threatening behaviour, abuse or violence Abuse includes: Physical abuse and domestic violence Psychological or emotional abuse, including words Sexual abuse or harm Economic abuse, financial abuse, coercive control Victims of domestic abuse can be: Male or female In heterosexual or same sex relationships Wealthy and in a position of power, such as a professional or the family breadwinner In a marriage, civil partnership or non-married relationship There is no stereotypical victim of domestic abuse. Anyone can be a victim. You shouldn’t worry that you don’t look the part or won't be believed. Likewise, anyone can be a perpetrator, from a police officer, headteacher, or doctor with their public-facing and safeguarding day jobs, to accountants or company directors with important roles and too much to lose if outed as a perpetrator to their family. Also, the people you would least expect to be capable of violence or cruel words, such as stay-at-home parents. Words, Actions and Threats Count as Domestic Abuse Family lawyers, the police and the family court all treat words, actions and threats as domestic abuse. What's important is the impact of the domestic abuse on you or your children. You may worry that you won't get an injunction order as you don’t have hospital records or other evidence to prove the domestic abuse. However, lots of injunction applicants don’t have that sort of evidence. The court will look at your ex-partner’s pattern of behaviour, such as their coercive control or emotional abuse. You may need time and family or professional help in understanding the impact of the domestic violence on you, as you may have become immune to it because you have experienced it for so long or have been gaslit into believing that abuse is a normal and everyday aspect of family life. The Impact of Domestic Abuse on You and Your Children Sometimes the impact of domestic abuse is obvious for all to see: a black eye, an arm in plaster, your ex arrested and charged with assault. However, you may struggle to see what you have experienced as amounting to abuse. Here is how domestic abuse can impact some families: Accepting control beyond the social norms Saying sorry as an automatic reflex Learnt response to accept the abuse Children who are aggressive towards the abused parent through learnt behaviour Children who are too quiet and well-behaved Physical symptoms in adults or children, such as physical stress symptoms It's not uncommon for victims of domestic abuse to only recognise the impact of the domestic abuse on them or their children until after they have left their partner. Clients tell our family lawyers that they know things have changed for the better because they can now relax and hear their kids laughing. Minor issues that, in your previous life, would have escalated into jibes, arguments or blows are now just everyday inconveniences of no consequence.    Applying for an Injunction Order to Stay Safe First off, you may not need an injunction order. Our family law solicitors will talk to you and assess your circumstances and explain why they think an injunction order is necessary. Reasons why you may not need an order: The police have charged your ex-partner with a criminal offence, and your ex is subject to police bail conditions Your ex has left the family home and has agreed in writing not to return, and you believe your ex-partner won't go back on their word because of the personal or career implications of you applying for an injunction order Your former partner’s solicitor has given formal promises or undertakings, and you want to accept those behaviour assurances rather than apply for an injunction Every situation is different, so in some scenarios an injunction will be necessary even though an ex has been prosecuted. An experienced family solicitor will help you weigh up your options and work out the best route to your feeling safe. Injunction Orders There are two types of injunction order: Non-molestation order Family home order – ouster or occupation order The names of the injunctions don’t really describe what they stop. A non-molestation order against your ex covers all the domestic abuse they have subjected you to, such as physical assaults, harassment and emotional abuse. It's best to be upfront with your lawyer about the extent of your ex’s behaviour so the non-molestation order injunction covers the behaviour that’s affected you. Non-molestation orders can cover: Your ex encouraging his friends or family to harass you Your ex contacting your employer or work colleagues Your ex inundating you with messages via social media and subjecting you to online stalking and harassment Your ex telling the children that you won't be satisfied until they are in prison, that you are evil, that you don’t love them…    An ouster or occupation order relates to the family home. The Family Law Act refers to a dwelling house, but that’s widely defined as a property that was the family home or was intended to be the family home. A dwelling house can be: Rented Owned by you or your ex Jointly owned A property you planned to move into as the family home A family home injunction order does not change legal ownership or long-term occupation rights. It’s a temporary order to keep you and your children safe until: You get the tenancy agreement changed to your name, or You get a financial court order that deals with what happens to the family home and your housing, or If you are unmarried, you make a TOLATA claim or a Schedule One Children Act 1989 claim for housing for your children A family solicitor will discuss the likelihood of your getting the financial court order or TOLATA order that you want and the timescales so you can make a decision on whether to apply for a non-molestation order and/or a family home injunction order. Unless it's an emergency, you should not move out of the family home until you take specialist legal advice. Leaving the Family Home The best quick advice a family lawyer can give is that unless you are in immediate danger, you shouldn’t move out of the family home until you have taken legal advice.  Often clients come to our divorce solicitors after they have left the family home because their ex told them something to make them leave: The ex says The lawyer’s answer You won't get the family home in a financial court hearing so you might as well leave now. That’s not necessarily true. You may hurt your claim for the transfer of the family home to you if you leave. Financial court proceedings can take over 12 months to get to a final hearing. It's often best that you and the children stay in the family home to avoid disruption until the court decides who gets to keep the family home. You won't be able to stay in the family home because you can't afford the rent/ mortgage or bills. If money is an issue, your lawyers can advise on making a child support claim under the Child Maintenance Service, temporary spousal maintenance, court-ordered child maintenance or occupation orders that say your ex should pay certain bills until the family home order ends.    If you don’t leave the family home, I will apply for custody of the children. The court decides how much parenting time children should spend with each parent. The decision is based on the child’s welfare. Empty threats are sometimes made about custody applications, but family lawyers can provide reassurance. You have no rights as your name isn’t on the deeds You don’t need to be the legal owner of the family home to apply for an injunction order. If your ex owns the property or you are a joint owner, you can apply for an occupation order or ouster order. Ouster Orders and Occupation Orders Lawyers talk about occupation orders and ousters as if they are interchangeable, but they are different. An ouster order ousts your ex from the family home. The order is only necessary if your ex is still living at the family home. If they have already left, then you may need an occupation order that says you can occupy the family home to the exclusion of your partner until you either reach an agreement over who gets to keep the family home or the court decides whether it should be sold or transferred to one of you. Ouster and occupation orders can be made to suit your circumstances. Under Section 33 of the Family Law Act 1996, the judge has the power to order: Your ex allows you to enter and remain in the family home or part of it To regulate the occupation of the family home by either of you To restrict or suspend your ex-partner’s right to occupy the family home If your ex-partner has home rights to the family home and you are their spouse or civil partner, to restrict or terminate those rights To require your former partner to leave the family home or part of it To exclude your ex from a defined area in which the family home is included The Act refers to ‘associated persons’ and orders over the ’dwelling house ’. If you are unsure if you are an associated person or if your property counts as the family home or dwelling house, speak to an injunction solicitor. Injunction Law Injunction law and occupation orders are governed by: Section 33 of the Family Law Act 1996 The Domestic Abuse Act 2021 Factors the Court Considers When Making an Ouster or Occupation Order When deciding whether or not to make an ouster or occupation order, and the scope of the order, the court must have regard to all the circumstances including— The housing needs and housing resources of you and your ex and any relevant child The financial resources of you and your ex The likely effect of any order, or decision not to make an order, on the health, safety or well-being of you, your ex and any relevant child The conduct of you and your ex in relation to each other Importantly, the Act says that if it appears to the court that you (the applicant) or any relevant child is likely to suffer significant harm attributable to the conduct of your ex-partner if an order is not made, the court shall make an injunction order unless: Your former partner or any relevant child is likely to suffer significant harm if the order is made; and The harm likely to be suffered by your ex or a child is as great as, or greater than, the harm that you or any relevant child are likely to suffer if the injunction order isn't made (a balancing of harm test) How Evolve Family Law Can Help You If you are stressing about how best to safely end your relationship or working out how to appease your ex so the kids don’t get to see you verbally abused at contact handovers, then our family lawyers can help. Our divorce solicitors and cohabitation lawyers have helped many people in your situation with: Initial confidential consultations so you understand your options Practical legal advice on the implications of separating and what you need to plan for Non-molestation order, ouster and occupation order applications with strong applications and statements for court explaining how domestic abuse has impacted you and why you need an order to keep you safe Child arrangement order, prohibited steps order and specific issue order applications to protect your children Family law financial advice so you get the money you are entitled to, such as Child Maintenance Service, top-up child support, interim spousal maintenance or school fee orders    Legal advice so you are supported in between family mediation sessions or advised that mediation isn't the best alternative dispute resolution option for you Checking separation agreements or draft financial court orders to make sure the orders protect you Converting agreements or mediated settlements into binding court orders Enforcing injunctions, financial or children law orders    If you don’t know where to begin, start with Evolve Family Law. You will get clarity on your options and advice on how to protect yourself and your children. We're family law specialists who put your new beginning first. Consult Evolve Family Law Today. Frequently Asked Questions on Injunctions Do I have to go to court to get an injunction? The court makes an injunction order at a court hearing, so you will need to go to court with your family lawyer to secure your order. Your ex-partner may not be at the hearing if it's a without notice hearing. If you are worried about going to court, your injunction solicitor can explain the process and discuss any safety concerns. What is an on notice hearing? There are two types of injunction hearing – on notice and without notice. In an on notice hearing, your ex is told about the hearing date and can come to the hearing and object to the injunction. What is a without notice hearing? A without notice hearing takes place in the absence of your ex-partner. A without notice hearing is usually only permitted by the court if you are applying for a non-molestation order, and the application is urgent.    If you are applying for a non-molestation order and an occupation order, the judge may grant you the non-molestation order at a without notice hearing but list your occupation order application for a on notice hearing. How can I protect my children from my ex-partner? A non-molestation order or an occupation order can cover your children as well as you. If you are worried about your ex taking the children or not returning them after a contact visit, your family lawyer can apply for a child arrangement order or a prohibited steps order. Do I need an injunction order if the police are involved? Possibly; it depends on whether your ex has been arrested, charged, or prosecuted, and whether there are bail conditions or orders that protect you. A family law solicitor can check the scope of the police involvement and advise on the need for an injunction order. My ex is sorry and says I don’t need an injunction order If your ex says that they are sorry, you may still need an injunction order to keep you and your children safe. Sorry is easy to say but hard to act on if your ex has a track record of abusive behaviour. Talk to an injunction solicitor to get an independent view on whether you need an injunction. How long does an occupation order last for? The court can make an ouster or occupation order for a specified period, until the occurrence of a specified event or until further order. Most orders remain in force until the court decides who gets to keep the family home in either proceedings brought under the Matrimonial Causes Act 1973 (married couples or civil partners) or TOLATA legislation (unmarried couples). What is the balance of harm test in an ouster or occupation order application? A family home injunction order is a draconian measure as it is an order telling someone that they can't live in or return to a home that they would otherwise be entitled to live in. The balance of harm test weighs the potential harm to you (the injunction applicant and your children) if the order is not made against the harm to your ex and any relevant children if the order is made. A family law solicitor can explain how the judge will balance the competing needs and advise on the other factors the court considers. Consult Evolve Family Law Today. Holmes Chapel, Cheshire Whitefield, Manchester

Parenting youngsters is hard work. It can be even harder when you are a separated or divorced parent, and your ex-partner doesn’t agree with your parental boundaries or just can't be bothered to follow them. Many parents report feeling unable to set social media limits, fearing that their children will vote with their feet and move to live with the parent who doesn’t set limits and lets them game and message as much as they want. If you’re parenting a tween or teenager and navigating a child arrangement dispute, you’re likely already exhausted from trying to focus on your child’s needs whilst your ex focuses on what your child wants rather than needs. This blog from our family lawyers helps you understand how the planned UK social media ban will affect separated parents, how it will influence child arrangement order applications, and what you can do right now to protect your child. Consult Evolve Family Law Under 16s Social Media Ban The results of a government consultation revealed 9 in 10 parents back a social media ban for under16s. Around 66% of youngsters thought some social media platforms should not be accessible to under-16s. If you are a separated parent, you need to understand how the ban will work and its timeline so you can co-parent effectively. If your co-parent ignores the ban, you need to know your options. The government says the social media changes should be implemented by Spring 2027 and will include: Under-16s being banned from platforms like Instagram, YouTube, TikTok, Snapchat, Facebook and X Under-16s restricted from using some other online services Age checks on social media platforms The government doesn’t intend to stop under-16s from using messaging services like WhatsApp and Signal, or from using laptops and mobiles for online learning and to access educational content. Importantly, if you are a separated parent or grandparent who relies on social media to maintain contact with your child or grandchild, nothing should change. Under 16s Using Parents' Accounts and Virtual Private Networks If you are a parent who supports the social media ban for under-16s, you may be wondering how it will work in real life. You may anticipate that your child will either use your ex-partner's social media accounts to go online or use a Virtual Private Network to get around the ban. The government is researching how under-16s are using VPNs and the risks involved. However, we can't see how the government will cater for parents allowing their kids to use their accounts to access banned social media. Some parents may be tempted to do this to get their kids on their side after a separation. Other parents may not have the time or headspace after a tricky separation to police a social media ban on a child going through the turmoil of a separation or divorce or the loss of their family home. Under 16s Social Media Usage and Parental Disputes If you are switched onto the dangers of under-16s experiencing too much social media content, what can you do about it if your ex either doesn’t care about bans or is prepared to use social media access as a lure to encourage your tween to say that they want to live with them? Family lawyers recommend that separated and divorced parents start discussing the ban now so they both understand how the law is changing and how those changes will affect their child and them. Even if you both agree to follow the ban, your child may have different ideas about how to get around the ban, or they may struggle to fill their time and act out. Talking about how the ban will affect your child is a good starting point. Recording how you will both comply with the ban is the best option. If you don’t have a parenting plan, then now may be a good time to negotiate one with your ex. If you find it difficult to talk to your ex-partner, then family mediation may be the best way forward. A family mediator may help you both focus on the ban and its impact on your children. Expect some tricky conversations, especially if you have a blended household with a range of children, including over-18s home from university or stepchildren who won't be complying with the ban. Social Media Usage and Welfare Considerations Currently, many parents are told that when children spend time with their other parent, they can't police what the other parent does with their child. That may mean their tween eats too much pizza and ice cream or spends too much time watching TV, but how will the social media ban affect court decision making? When the court is asked to make a child arrangement order application, a specific issue order application or a prohibited steps order application, the court assesses what order is in the child's best interests. With tweens and teenagers, it isn't as simple as asking what order the child wants the court to make and the court blindly following their wishes. Under Section 1 of the Children Act 1989, judges must assess what orders are in a child's best interests using the welfare checklist. The welfare checklist includes: The wishes and feelings of the child (considered in light of their age and understanding) The child's physical, emotional and educational needs The likely effect on the child of any change in circumstances The child's age, sex, background and any other characteristics which the court considers relevant Any harm which the child has suffered or is at risk of suffering How well each parent can meet the child’s needs The range of powers and court orders available to the court The judge has to assess all the factors on the checklist; no single factor is all important and trumps everything else. Online Risk and Welfare Considerations With the government research into the dangers of social media for under-16s, it's appropriate to highlight your digital concerns if they play a part in a parental dispute. You may think that your child is becoming increasingly isolated, morose, and detached from family life in ways more extreme than those of normal, healthy teenage years. A court may view your online concerns as relevant to: Harm suffered by your child or risks of future harm Your ex-partner's ability to meet your child’s emotional or educational needs The impact of a change in circumstances on your child The risk of harm could be psychological, such as being bombarded with online information on self-harm or being exposed to online cyberbullying from classmates. The risk could even be physical. For example, if the other parent has no interest or ability in policing unwanted contact from online strangers who pose a physical risk or sexual threat to your child, if digital contact leads to a meet-up. With the UK government announcement that by Spring 2027, under-16s will be prohibited from using social media platforms, including Instagram, Snapchat, Facebook, YouTube, TikTok and X, it's important to explain to the court how different parenting styles are influencing your tweens' stated contact wishes or how a diet of late night unfiltered screen time will affect their education and emotional development. Balancing the Welfare Checklist If you are a parent asking a judge to make a child arrangement order or specific issue order, it's vital to talk to your family law solicitor about your child so they can frame their welfare checklist arguments around the specific needs of your child. For example: Your child may be particularly vulnerable to the malign influences of too much social media because of their special educational needs You may have real fears that if exposed to too much social media, your child may end up with an eating disorder or be exposed to misogynistic content that will influence their future adult relationships You know your child has accessed self-harm material and you fear that continued access could have devastating consequences Family lawyers and judges need to listen to parents. You know your child best and are best positioned to explain why your preferred court order is in your children's best interests. In practice, this means that you need to give a picture of what your child is like. Your family lawyer and the judge need to know if your child is bubbly or quiet, sporty or more comfortable with online gaming, and how different parenting regimes and parenting standards affect your child. Some kids move seamlessly between two parental households with no worries. Other kids can't settle, with mood issues, disrupted sleep, and poor attention in school. When you are fighting for the Children Act order you want, whether it is an order that your child lives with you, a relocation or holiday order, or a prohibited steps order, it's essential to frame your case around why the order you want is in your child's best interests. That means less emphasis on your rights and wants and more explanation about why the order you are seeking is best for your child. Your wants and your child's needs may be interlinked. For example, you may want to relocate to Spain from the UK because you have a fantastic job offer, but you may genuinely think your child will be better off living in Spain because of the outdoor lifestyle with less chance of your child spending hours alone in their bedroom on social media or gaming.    Court Powers In addition to making child arrangement orders, the court can determine specific parenting issues and impose Section 11(7) conditions or make specific issue orders. In the future, more parents may ask their family lawyers to address their child’s social media access and online presence when there is parental disagreement over a child’s smartphone access or online activity. Section 11 (7) of the Children Act 1989 allows the court to impose conditions which must be complied with by any person who is named in a Section 8 order as a person with whom the child concerned is to live, spend time or otherwise have contact. Consult Evolve Family Law Our family lawyers can help you if you are in the throes of a separation or divorce and worried about whether it’ll be 50/50 shared care or how you’ll cope with caring for a tween back from their blended family overloaded on sugar, late nights and unlimited social media access. With years of helping parents navigate parenting plans and securing child arrangement orders, our family law solicitors will give you the incisive, clear legal advice you need to help protect your child. BOOK YOUR CONSULTATION NOW.

The end of a relationship turns your world upside down. You’re trying to keep a semblance of normality while hiding your emotional struggles and financial uncertainties for the sake of your children, and juggling all the things that you have to manage when life throws a curveball at you. At Evolve Family Law, our divorce solicitors get that, but because we have your back, we’ll suggest that you make a new Will. In this guide, we explain why, after a separation, you shouldn’t wait to make a new Will and how our Will lawyers can make the process of writing a new Will as quick and stress free as possible.    Contact Evolve Family Law for a new Will Separation, the Law and Wills Your separation from your husband, wife, civil partner, or unmarried partner doesn’t: Cancel your current Will Exclude your ex-partner from inheriting Protect your children financially Only a new Will does that. Here's how the law works if you are married or in a civil partnership, or if you were in an unmarried relationship: If you’re married or in a civil partnership You might assume that separating means your spouse or civil partner no longer inherits under your Will. Sadly, that’s not how the law works. Until you’re legally divorced or your civil partnership is formally dissolved, your spouse or civil partner is still in a legal relationship with you and will inherit if you named them in your Will or will inherit under the intestacy rules if you haven’t made a Will. Your Will isn't changed, and your assets aren’t suddenly protected for your children or extended family if you start divorce proceedings or dissolution of civil partnership proceedings. Your Will is only affected by your divorce or dissolution of civil partnership after you have received your final order of divorce or dissolution. No-fault divorce proceedings take a minimum of six months to complete because of court rules. Often, the timescale is longer, as it can be in your financial best interests to delay getting your divorce final order until you have secured a financial settlement.  However, while you protect yourself and wait for your divorce to come through, your family is vulnerable, as your estranged spouse can still inherit under your Will or act as your executor. If the worst were to befall you, your spouse could still control your estate and make decisions you’d never want them to make now. If you’re cohabiting You might assume that because you’ve separated, your ex-partner has no claim. But if you named them in your Will as a beneficiary or as your executor, they stay in your Will until you change it. If you never made a Will at all, or didn’t include your ex-partner in your Will, then your ex-partner won’t inherit under the intestacy rules or the Will, but your children may not be protected either. That’s because the intestacy rules aren’t fit for purpose and don’t meet the needs of modern families. A new Will allows you to protect your loved ones and reduces the risk of your ex-partner being able to challenge an existing Will or the intestacy rules successfully and argue that they should get a share of your estate. A new Will puts you back in control and protects your family. Why Your Old Will No Longer Fits Your Life When you wrote your old Will, you will have anticipated a shared future with your estranged spouse or ex-partner and probably would have left everything to your partner, named them as executor, and trusted them to make a Will and leave what remained of your estate and their own assets to your shared children or to make fair estate planning choices if you have a blended family. Life looks different now because your priorities, relationships, and plans have changed. They will have different priorities and plans as well. Unless you update your Will, the law will treat your separated ex as if nothing has changed. Whilst you may want time to ponder, your ex could have changed their Will. There is no obligation to tell you that they’ve done so. [related_posts]   Why Will Timing Matters More Than You Think When you’re separating, life feels like it’s in limbo. You’re not together, but you’re not divorced. You’re not sure what the future looks like. You’re trying to keep going despite the onslaught of trying to agree on parenting arrangements, getting the family home valued or taking time out of work and childcare responsibilities to check out your mortgage options as a single parent. However, a new Will matters now — not later. Your ex could inherit everything If you died tomorrow without a Will and your spouse is still legally your spouse, they’re still first in line to get the lion's share of your estate under the intestacy rules. If you do have a Will, the likelihood is that they are in it. This applies even if you’ve been separated for years, have been living completely separate lives, have started a new relationship, and have children. Your children may not be protected If you want your children to inherit directly, or you want money held in trust for them, you need a Will that says so. With your existing Will, you may be relying on your ex-partner to do the right thing and give the money inherited under your Will to the children. If your ex-partner doesn’t do the right thing, then your children could be fighting your ex in an inheritance dispute for what should rightly be theirs because it is what you would have wanted if you had realised just how vulnerable your children were under Will and intestacy rules. Your new partner may be left with nothing If you’ve moved on, any new unmarried partner has no automatic rights to a share of your estate. A Will is the only way to protect them. Your estate could end up in a long court inheritance dispute Separation already brings enough conflict. A Will reduces the risk of your ex, your children, or a new partner bringing a claim against your estate, arguing that either your old Will or the intestacy rules don’t make reasonable financial provision for them. You get peace of mind You’re dealing with enough stress with your separation. A new Will means you have one less thing to worry about. If you are worried that you will have to get another new Will when your divorce or civil partnership dissolution is finalised, then don’t worry; you won't. Your Will solicitor will draw your Will up so it won't need to be changed again when you get your final divorce order. What a New Will Lets You Control A Will isn’t just about your money. It’s about protecting the people you love. Here’s what you can decide with a new Will: Who inherits — and who doesn’t You choose exactly where your money, home, and belongings go. A Will lawyer can explain your options and how best to structure your Will to reduce the risk of inheritance disputes and claims. Who manages your estate You can remove your ex-partner as your executor and appoint someone you trust. This could be a sibling, a longstanding family friend, your Will solicitor or a combination. Who looks after your children If your ex has no interest in caring for your joint children or you have concerns about their ability to look after the children on their own, then you can appoint a testamentary guardian for your children in your Will. Your family lawyer and Will solicitor can explain how the appointment in your Will works. How your children inherit You can set up trusts in your Will so children inherit at the right age, with the right support. If you and your ex are separating or divorcing amicably and you trust them to put your children's needs before their own, then you could appoint them to act as one of the trustees. How to protect your share of the family home If you still own a property together, your will can protect your share for your children. A Will lawyer will check whether a jointly owned family home is held as joint tenants or tenants in common. This legal distinction is important because with a joint tenancy, your share of the family home will automatically pass to your co-owner, regardless of what your existing Will or the intestacy rules say. Your Will lawyer can solve that problem for you by converting the family home from joint tenants to tenants in common, so your share of the property passes to your loved ones under your new Will. How to protect a new partner You can give a new partner (who may have been living with you for years by the time you and your ex decide to start divorce proceedings) the right to stay in the family home, or leave them a specific gift, without reducing your children’s inheritance. A new Will gives you choices. Separation takes a lot of your control away, but a new Will gives you a semblance of control and the knowledge of what your life will look like in the future once you have fully separated from your ex. Why Do You Need a Will Solicitor For Your New Will Families often have: Joint homes with uneven deposit contributions Joint property ownership with confusion over whether the property is held as joint tenants or tenants in common, and what that means for you and your children Blended families and children from previous relationships or first spouses with spousal maintenance claims who therefore have potential inheritance claims Family businesses Inherited property Complex assets, including investments, second homes and overseas property Assets that may not form part of the estate, such as some types of life insurance Disputed ownership claims, such as where you are claiming that you have a beneficial interest in a property in the legal ownership of your unmarried partner These situations make Wills even more important. Without one, the law can divide your estate in ways that are unfair or don’t meet the needs of your family. A Will lawyer can navigate all the complexities and get a new Will sorted out that meets your changed needs. What Happens if You Don’t Make a New Will Here’s the part most separating couples don’t realise. If you have a Will Your ex-partner remains in it until you remove them, or you finalise the divorce, or dissolve the civil partnership. An unmarried ex-partner stays in your Will indefinitely. If you don’t have a Will The intestacy rules decide who gets what from your estate. Your wishes don’t have any legal sway. If you’re still legally married, your spouse inherits first. This is why so many families end up in painful disputes after a death. A new Will prevents that. How to Update Your Will When You’re Separating You don’t need to wait for the divorce to finish. You don’t need to have everything agreed. You don’t need to know exactly what the financial settlement will be. You just need a Will that reflects your life as it is today. Here’s what the process usually looks like: You talk to a Will solicitor who listens to what you want You explain your situation, your worries, and what you want to protect. You’re not rushed. You’re not judged. You’re heard. The advantage of talking to a Will lawyer at Evolve Family Law is that if you have already given a lot of financial information to your divorce solicitor, they will be able to look at this information and save you from having to repeat it all.    You get clear Will advice You’ll understand your options, the risks, and the best way to protect your children and assets. You choose who inherits You decide what goes to your children, family, or new partner. You choose who’s in charge You appoint executors you trust. You sign your new Will Once it’s signed and witnessed, it’s legally binding. It can be stored free of charge at Evolve Family Law if that’s what you would like us to do. You get peace of mind You know your estate planning wishes will be followed, whatever happens next. You can get on with sorting out parenting plans and thrashing out a financial settlement. Your Will Experience at Evolve Family Law Clients often tell us that a new Will isn't a top priority when they are separating. That’s because they hope something won't happen to them and because they don’t think they can cope with the hassle of talking about estate planning with another solicitor. Here’s what some of our clients say about their Will experience at Evolve Family Law: Chris Strogen was an excellent choice, being an amalgam of the very best characteristics of a traditional, empathetic, knowledgeable lawyer backed by the latest appropriate technology. The work was undertaken expeditiously (in a couple of days) and at a very reasonable charge. Chris was highly responsive and effective, providing expert legal advice that fully addressed my changing circumstances. Great service! In a very professional but friendly manner, Judith steered us through the many options for both the Wills and LPA documents, and we feel very comfortable that the final documents will serve our family well, as and when they are needed. (Hopefully not too soon). You deserve that same peace of mind. Contact Evolve Family Law for a new Will Frequently Asked Questions on Wills and Separating Couples Do I need a new Will even if I’m only separated, not divorced? Yes. Separation doesn’t change your Will. Your spouse is still legally your spouse until the divorce is final. They can still inherit unless you change your Will. What happens if I don’t have a Will at all? The intestacy rules decide everything. Your spouse may inherit most or all of your estate. Your children may not receive what you want them to. A Will puts you back in control. Can I stop my ex-partner from inheriting? Yes — but only by making a new Will and by taking specialist legal advice on how to minimise the risk of them bringing a claim for a share of your estate because of their status as a spouse, former spouse or dependant. Separation alone doesn’t remove a spouse or unmarried partner from your Will. What happens if we still own the house together? You can change how you own the jointly owned property (for example, from joint tenants to tenants in common). You don’t need your ex-partner’s permission to convert ownership from a joint tenancy to tenants in common. Can I protect my new partner? Yes. A Will is the only way to make sure an unmarried partner is provided for. Without one, they may receive nothing. If you are planning to remarry, you need to speak to a Will solicitor about how your second marriage will affect any existing Will. When should I update my Will? Now. The moment you separate, your old Will is out of date. You don’t need to wait for the divorce to be finalised to give Will instructions and protect your family. New priorities mean a new Will. Your Next Steps If you’re separating, you’re already feeling under pressure. Updating your Will shouldn’t add to that. It should make life feel safer. You should be proud that you are on top of your paperwork and protecting your family. At Evolve Family Law, our Will solicitors will get on with the job with the minimum of fuss and normally at a fixed fee. Here's the link to our fixed fee Will charges. Call us for the peace of mind you and your family deserve. BOOK YOUR WILL CONSULTATION NOW.

  Parental child abduction can be a long standing fear or occur with no prior warning. Whenever it happens, it has devastating consequences for the family members left behind in the UK. In this article, child abduction solicitor, Louise Halford, explains what parental child abduction is, what a parent can do to try to prevent it and to protect their child. Louise has helped parents across Cheshire, the UK and those living overseas for the past 30 years. She is an expert in child abduction and children law and can answer your questions on how child abduction works, the risk factors for child abduction, the warning signs and how to prevent it from happening. Contact Louise Halford at Evolve Family Law.   What is Parental Child Abduction? Parental child abduction occurs when one parent takes a child out of the UK, or does not return the child to the UK, and the parent removing the child from the UK or keeping them abroad does not have: The consent of the other parent and every other person with parental responsibility for the child or Court permission to either take the child overseas or to keep the child overseas Types of Parental Child Abduction There are two types of parental abduction: Wrongful removal – taking a child overseas without parental agreement or a court order Wrongful retention - not returning a child to the UK at the end of an overseas trip The 28 Day Rule Some parents think that the UK child abduction law does not apply to them, and they do not require the other parent’s consent or a court order to take their child abroad on holiday. A parent is guilty of an offence even if they did not think the law applied to them or if they disregarded the law because they did not want to go to the trouble of getting their ex-partner’s agreement or a court order. However, there is a 28-day rule. If a parent falls within the scope of that rule, the parent can take their child out of the UK without the other parent’s agreement or a court order, provided: There is a child arrangement order, and The court order says that the child lives with the parent who is taking the child overseas, and The overseas trip is for 28 days or less A child arrangement order stating that a parent has contact or parenting time is not sufficient for the parent to apply the 28-day rule. It's best to check whether the 28-day rule applies to your child because: If it does not apply, you could be stopped from boarding the plane to go on holiday with your child If it does apply to the other parent, you may want to apply to court for a prohibited steps order to stop the parent using the 28-day rule because you fear that if the parent takes the child overseas, they won't return the child to the UK. The Holiday Order If a parent does not have a child arrangement order naming them as the child’s carer, they need either a holiday order to take their child abroad or the consent of the other parent and all those with parental responsibility for the child. A holiday order either specifies the holiday destination and dates or is a general order stating that a parent is entitled to take their child overseas on holiday for a specified number of weeks during school holidays each year, with the dates to be agreed between the parents. A children's law solicitor can ask a judge to include a general overseas holiday provision when making a child arrangement order, so neither parent has to apply to court each year for permission to take their child abroad on an annual summer holiday or a winter ski break.    The Relocation Order If a parent wants to take their child to live overseas permanently, they need a relocation order. An order is only required if the other parent and any other person with parental responsibility for the child object to the planned overseas move.  The Criminal Offence of Child Abduction Under UK law, it is a criminal offence to remove a child from the country when parental consent or a court order is necessary but has not been obtained. The offence under The Child Abduction Act 1984 can be committed if a parent: Takes a child abroad without the necessary permission or a court order Does not return a child after an agreed overseas holiday. The maximum sentence is seven years. Why Parental Child Abduction Happens Every family situation is different, but common reasons for parental child abduction include: Relationship breakdown or divorce Fear of losing contact with a child Disputes over custody or residence Desire to return to a home country Differences in cultural or religious expectations Domestic abuse or coercive control In some situations, a parent may genuinely believe they are acting in the child’s best interests. However, the law is clear: removing a child without consent is unlawful. It can also have unintended consequences, such as longterm emotional harm or have an impact on a child’s education and career prospects. The Legal Framework: How the Law Protects Children From Child Abduction Parental Responsibility, consent and child abduction Any person with parental responsibility for a child must consent before a child is taken abroad. Those with parental responsibility usually include: The mother The father (if married to the mother or named on the child’s birth certificate) Anyone named as a carer in a child arrangement order Anyone granted parental responsibility by the court If any person with parental responsibility refuses consent, the parent wishing to travel overseas or relocate abroad must apply for a holiday order, a relocation order, or a specific issue order. The Hague Convention The UK is a signatory to the Hague Convention. If a child is taken to a country that is a signatory to the convention, this normally provides a speedier legal mechanism for the return of abducted children to their country of habitual residence. Court proceedings in the home country can then determine whether the parent may take their child overseas to live or if the child should remain in the UK with their other parent. NonHague Convention Countries If a child is taken to a country that is not a signatory to the Hague Convention, the means and court procedures to ensure the child is located and returned to the UK (if the overseas family court deems that to be in the child’s best interests) are country-specific but generally are lengthier and more complex. Return Orders 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 wrongful removal or retention. In Hague Convention countries, there are recognised procedures to secure a return order quickly, so the child’s future can be determined in the country where they were habitually resident before the overseas travel. Warning Signs of Parental Child Abduction Parents know best whether a comment by their ex-partner is an innocent remark or a potential red flag. If you are concerned about whether your ex-partner’s actions amount to warning signs, you should take child abduction legal advice to see if you have the evidence to apply for a prohibited steps order or take other protective measures. Warning signs include: A parent suddenly applying for passports or travel documents without prior consultation or discussion Sale of property and withdrawal of investments and money Ending employment and renewed interest in foreign travel or relocation Increased hostility Statements from an ex or extended family member that imply the children will be taken There may be innocent explanations for these triggers, but if you are in any doubt, it is best to talk over your fears with a family law solicitor and work out if you have the grounds to ask for a prohibited steps order or port alert. [related_posts]   How to Prevent Parental Child Abduction 1. Seek Immediate Child Abduction Legal Advice A child abduction solicitor can help you: Understand your rights Apply for urgent court orders Notify the police, relevant authorities and border authorities Put protective measures in place Early legal advice and lawyers' communication with your ex-partner is often the key to preventing an abduction, as your ex-partner will understand that you know your rights and will use them to safeguard your child. 2. Apply for a Prohibited Steps Order (PSO) A prohibited steps order can prevent a parent from: Removing a child from the UK Applying for a passport Changing a child’s school Relocating within the UK A prohibited steps order lawyer can obtain a prohibited steps order quickly if a child is at immediate risk of harm or removal, sometimes on the same day that you contact the solicitor. 3. Secure Your Child’s Passport If you fear child abduction by your ex-partner or their extended family, then you need to take steps to protect your child by: Keeping your child’s passport in a safe place Notifying the Passport Office to prevent duplicate passport applications Advising your child abduction solicitor if your ex-partner has access to other passports Foreign embassies may also need to be contacted if your child is not a British citizen or has dual nationality. 4. Alert the Police If an abduction is imminent, the police can issue a port alert, notifying all UK airports and ports to stop the child from leaving the country. Port alerts typically only last 28 days and are only made if there is evidence of an imminent child abduction threat. 5. Keep Records If you have received threatening texts, emails, or messages, it is vital to retain all messages, as they could be evidence to use in a court application if a parent is making threats or planning to leave the country. 6. Talk to the Child's Schools and Carers Nurseries, schools and extended family need to be aware of potential child abduction risks so they can help you manage the risk. For example, by: Knowing not to release the child to a particular parent To notify you of any suspicious activity How a Cheshire Family Law Firm Can Help With Child Abduction Legal Advice Our team of experienced family law solicitors, led by child abduction expert Louise Halford, has expertise in supporting and representing parents across Cheshire, Greater Manchester, the North West and overseas-based parents. We provide: Urgent sameday child abduction advice and applications Specialist advice on international child abduction Support with Hague Convention applications Representation in court for child arrangement disputes, prohibited steps orders, child arrangement orders, holiday orders and relocation orders Preventative planning for parents concerned about child abduction risk Contact Louise Halford at Evolve Family Law for Child Abduction Legal Advice.     Frequently Asked Questions on Parental Child Abduction Is parental child abduction a crime in the UK? Yes. Removing a child from the UK for 28 days or more without the consent of everyone with parental responsibility or a court order is a criminal offence. Even a removal of less than 28 days may be unlawful if the parent does not have a child arrangement order stating they are the parent with care of the child, or a holiday order. If you are unsure if you need parental agreement or a court order, it's best to consult a family law solicitor before you book an overseas trip. Can I stop my expartner from taking our child abroad? Yes. You can apply for a prohibited steps order to prevent your ex-partner from taking your child on an overseas holiday or relocating abroad with your child. If you think that your child is at immediate risk, you can ask the family court to make an emergency order to protect your child. Can I force my ex-partner to return to the UK with my child? Yes. If your ex-partner has taken your child to a Hague Convention country, you may be able to secure a return order requiring your child to be returned to the UK. The family court in England and Wales will then decide on the future living arrangements for your child based on the court's assessment of what orders are in your child's best interests. What is the law on child abduction if my child is not a British citizen? If your child is habitually resident in the UK, the laws on parental child abduction will apply to your child even though they do not have citizenship or a British passport. If you think your child is at risk of child abduction, it's best to put safeguards in place, such as a prohibited steps order. What is the law on parental child abduction if my child has dual nationality? If your child has dual nationality, your ex-partner cannot take them out of the UK without your permission or an English court order if your child is habitually resident in the UK. If you are worried about child abduction because your child has more than one passport or extended family overseas, it's best to take early family law advice on how to protect your child. What should I do if I think my child is at immediate risk of parental abduction? You should contact the police and a family solicitor urgently. Some steps can be taken quickly to reduce the risk of child abduction, such as a port alert. Can I take my child on holiday without permission? Possibly. It depends on whether anyone else has parental responsibility for your child, and if they do, whether you have an existing child arrangement order that says your child lives with you. If your child arrangement order states that, you do not need permission to take your child overseas on holiday for up to 28 days. If permission is required and you do not obtain it, you may be prevented from boarding a flight or accused of breaking the law. It is best to check whether you need either written parental consent or a holiday order. Contact Louise Halford at Evolve Family Law for Child Abduction Legal Advice.