With rental properties hard to find and expensive to rent, our family law solicitors receive numerous enquiries about whether a couple can legally separate and live in the family home.   If you need family law advice, contact Evolve Family Law.   What is a legal separation? A legal separation is where a husband and wife obtain a judicial separation from the family court. Applications for judicial separation are rare because: If you obtain a judicial separation, you will still need to divorce at a later stage. For example, if you want to remarry or if you need a financial court order to prevent further financial claims by your former spouse. You do not need a legal separation for official purposes. You can just tell agencies, such as the Inland Revenue or the Local Authority, that you are separated.   Do I need a legal separation? People often assume that they need a legal separation or a judicial separation order, but they do not unless they have a religious or cultural objection to a divorce and want to formalise their separation. If you plan to get divorced later, you don’t need a judicial separation first, as you can sort out your financial affairs by signing a separation agreement.   Can spouses live separately in the same house? You can separate or even divorce and still live in the same house. Some couples think that if they continue to live together, they cannot get divorced, but that isn’t correct. Under current English divorce law, you can get divorced if your marriage has irretrievably broken down by starting no-fault divorce proceedings.   Separating when your spouse will not leave the family home. If you have decided to separate and your husband or wife will not leave the family home, you have the option to: Apply for an injunction order – an occupation order can give you the right to occupy the family home to the exclusion of your partner until the long-term ownership or sale of the property is determined by agreement between you or by the court in divorce and financial settlement proceedings. Apply for a spousal maintenance order and child support so that you can afford to leave the family home and rent somewhere until the long-term ownership or sale of the family home is decided. It is best to take specialist legal advice from a divorce solicitor before leaving the family home and moving into rented accommodation. It may be best to stay in the family home if leaving will disrupt the children or if your spouse will delay sorting out a financial settlement or the sale of the property. Alternatively, you may need a child arrangement order if there is a dispute over the living arrangements for the children when you or your spouse moves out of the family home.   You might also be interested in [related_posts]   Separating and cannot sell the family home. Most people would agree that it is a tricky housing market, so whilst you may have decided to separate or divorce, you may not be able to sell the family home quickly. You can be separated or divorced and still live at the family home, although for some, it won’t be a very comfortable experience. Even in the best situations where you are splitting up amicably, it can still feel as if you are in limbo with your life suspended until you can achieve the sale of the family home. One way to reduce the stress of waiting for the sale of the family home is to have a financial agreement in place. A separation agreement means you know who will receive what when the property is sold. Although you may have concerns about having to drop the property sale price, a fair financial settlement can still be reached if you agree to receive a percentage share of the net proceeds of sale rather than a fixed amount. That way, you are both protected, whether house values move up or down. In divorce proceedings, a financial settlement can be reached by agreement or after financial settlement proceedings, but in either scenario, you should obtain a financial court order that records how all your assets will be divided, including the equity in the family home, savings, and pension provision. If you are separated but don’t want to start divorce proceedings, it is still best to record the financial settlement that you have agreed to avoid one of you changing your mind about how much you should get from the sale proceeds when you have found a buyer for the house. A document, called a separation agreement, should be prepared to formalise the agreement reached.   Manchester and Cheshire divorce solicitors The team of specialist divorce solicitors at Evolve Family Law can help you with your separation and no-fault divorce proceedings, as well as child custody and contact, and reaching a financial settlement.   If you need family law advice, contact Evolve Family Law.   The Evolve Family Law offices are in Whitefield, North Manchester and Holmes Chapel, Cheshire.

There are no absolute right or wrong answers to what you should or should not do during a separation because your personal and financial circumstances are individual to you. However, our family law solicitors can offer general guidance about what it’s best not to do during a separation.   Contact Evolve Family Law Today for Expert Family Law Advice.   Why are you separating? The basis of your separation is relevant to what you should or should not do during your separation. That’s because if your separation is a trial separation, it’s important not to take any steps that mean it is less likely that you will get back together, such as: Not attending Relate or counselling sessions or telling your partner that they are a waste of time before you give the sessions a chance. Saying that you won’t go to individual counselling sessions. For example, to address anger management issues. Taking all the money out of a joint account without your partner’s agreement or advance knowledge. Refusing to pay towards household bills or child support (despite being in a financial position to do so) because you think that if your husband or wife finds it hard to manage financially without you, then the family are more likely to get back together Imposing an unrealistic timetable on the trial separation, for example, saying that your partner must decide if you are going to get back together or not within two weeks. Refusing to agree to contact arrangements with the children or not attending the family home for agreed contact with the children. Following your partner or sending numerous texts or social media messages so they end up feeling overwhelmed by you. Contacting your partner’s family or friends to try to get them to influence your husband, wife or partner to reconcile with you.   If your partner wants a trial separation, it is easy to feel angry about their decision if the news that the relationship is in trouble comes as a complete surprise to you, and to let your feelings sabotage the trial separation. Counselling and family law legal advice can help you resolve marital issues during a trial separation.   Family law advice during a trial separation Many couples going through a trial separation think that they should not seek specialist legal advice to explore their options. However, taking legal advice can be a sensible thing to do because it will help you determine if you or your spouse has grounds to initiate divorce proceedings and what the likely financial settlement and child care arrangements may be. That information may influence your thought process. Your consultation with a divorce solicitor is completely confidential to you. You do not need to tell your husband or wife that you have taken legal advice if you do not want to do so. They may have also taken family law advice and decided to say nothing about talking to a family law solicitor until you decide on whether you are going to be able to reconcile or not.   Warning signs during a separation If you are desperate to make a trial separation work and to reconcile with your spouse, it can be tempting to ignore warning bells. You should not do that; instead, you should seek legal advice. Warning signs include your husband or wife: Transferring large amounts out of savings or investment accounts. Taking out loans against the family home – this is especially concerning if the family home is registered in your spouse’s sole name. This can be prevented by registering a notice with the land registry. Asking you to leave the family home partway through the trial separation, or if it becomes apparent that they are planning to sell the family home. If the family home is owned in their sole name, there are steps that you can take to protect yourself. Selling assets or transferring property, such as shares in a family business, to a family member. Asking you to sign a postnuptial agreement. Starting to make plans to relocate overseas with the children. Any of these warning bells, or anything else of concern to you, means you should quickly talk to a family law solicitor rather than trust that the trial separation is a genuine attempt to repair your relationship whilst you both give one another space.   You might also be interested in [related_posts]   What should you not do if a separation is permanent?  If you know that your separation is permanent, or if a trial separation has not worked out, then it is often assumed that it is ‘no holds barred’ with divorce lawyers. However, divorce solicitors say that approach can be counterproductive and result in it being harder for you to reach an agreement over childcare arrangements or a financial settlement. If your separation is permanent, then generally you should not: Leave the family home before taking legal advice – it may be preferable for your partner to leave instead of you, or you may be able to get an injunction order requiring them to leave. Reach an agreement on childcare arrangements or a financial settlement without first taking divorce legal advice – that’s because if you agree to something that isn’t in your best interests during direct discussions with your husband or wife, it is then far harder to get them to accept a fairer childcare or financial arrangement. Stop contact between the children and the other parent because you are angry about your husband or wife’s behaviour. Contact should only be stopped after legal advice and if there are child care safety or other child-related issues. Feel rushed into starting divorce proceedings because of pressure from family or friends to do so. Start divorce proceedings without either you or your divorce solicitor first informing your husband or wife of your intention to do so. Unless the situation is urgent, it is usually better to inform your partner about the planned divorce proceedings, as this can help reduce animosity. It also makes it easier for you to reach a financial settlement or agree on child custody and contact arrangements. Every separation is different, and individuals react differently to a separation. That’s why there are no hard and fast rules on what you should or should not do if you separate from a partner or spouse. One of the best things that you can do is ensure that you are not rushed into making decisions and have the information you need to make informed decisions. A divorce solicitor can help you with that, whether your separation is a trial separation or a permanent separation.   How can Evolve Family Law help you?    The friendly and approachable divorce solicitors at Evolve Family Law talk to people who don’t know whether they want to separate or not, as well as to husbands or wives who are very clear that divorce proceedings are the right path for them. We can assist with: Preliminary consultations for those contemplating a separation. Initial advice on staying in the family home and injunction orders. Advice on short and long-term living arrangements for the children. Help with short-term negotiations on child support and spousal maintenance, and with a long-term financial settlement.   Contact Evolve Family Law Today for Expert Family Law Advice.   The Evolve Family Law offices are in Whitefield, North Manchester and Holmes Chapel, Cheshire. We also offer remote meetings by appointment via video call or telephone.

The short answer is yes; you can do probate without a solicitor. However, if you are an executor, you need to know what administering an estate involves to decide if you want to instruct a probate solicitor to administer the estate under your instructions. If you have questions about probate or about appointing a probate lawyer, our team of specialist private client solicitors are here to help. For probate advice call our specialist probate lawyers or complete our online enquiry form.   Applying for probate without a solicitor Any executor can apply for probate without instructing a solicitor. Sometimes, when the executor and beneficiary are the same person and the estate is small, the risks of acting as executor without a probate lawyer are low. In other situations, the risks and personal liability could be significant. If you are named as a joint executor in a Will, you can decide jointly with the other executors if you want to appoint a probate solicitor.  The fact that a solicitor was not appointed as an executor in the Will does not prevent you from instructing a lawyer. If you decide to apply for probate without a solicitor, you need to consider: If you have the time to act as an executor. Whether acting as executor will cause family friction. If you are prepared to accept the personal liabilities that come with an executor appointment. If you can cope with the additional stress at a time of bereavement. If you are applying for probate without a solicitor, there is a potential for an increase in time to administer the estate and distribute it to the beneficiaries. Time, worry and liability may all be non-issues for you if you are the sole executor and beneficiary of a small estate. We recommend that you speak to probate lawyers to get a quote so you understand what a solicitor is likely to charge, so that you can make an informed decision. At Evolve Family Law, we provide transparent information about our costs. Some information can be found here on the typical costs of probate services. For more information on costs, give us a call.   Who pays for a probate solicitor? The estate pays for the costs of instructing a probate solicitor. The costs are not the liability of the executor/s. The lawyer’s fees are discharged along with other debts, such as utility bills on the deceased’s home and funeral expenses. The estate pays the costs of the probate lawyer even though an executor, rather than a lawyer, was named in the Will. Most Will makers understand that their executors may elect to instruct a lawyer because their Will solicitor will run through the options with them.   The role of an executor An executor’s job is to administer the estate of the deceased. That involves: Ascertaining the deceased’s assets and the value of the estate. Checking to see if tax will be payable. Working out if there are any debts. Applying for probate. Completing a tax return and paying any tax. Selling or transferring assets so the terms of the Will can be implemented. Paying the debts. Dealing with any challenges to the Will, such as on the grounds of validity or because the Will did not make reasonable financial provision for a dependant partner, second spouse or other claimant. Sorting out any specific bequests, such as jewellery. Paying any legacies to beneficiaries. Creating estate accounts. Finalising the estate accounts by paying the remaining estate monies to the residual beneficiaries.   The 12-point list is long and can be daunting to some lay executors, especially as the law says that an executor is personally liable for any mistakes made, even if they are genuine errors. For example: Undervaluing the estate for tax purposes. Paying the wrong amount to a beneficiary. Not paying a debt that was due before distributing the money from the estate. Paying a residuary beneficiary too much from the estate. Not realising that some assets fall within the estate, such as jointly owned property owned by the deceased as a tenant in common with the co-owner. Facing complaints by a residuary beneficiary, such as a charity, that the money raised should have been more, as the sale of property or other assets was not handled correctly. Not understanding what to do when faced with someone challenging the deceased’s Will because they say the Will was not drawn up correctly, was signed under duress, was signed when the deceased did not have the capacity to sign a Will, or because the Will did not make adequate provision for them. Not paying HMRC the correct amount of tax. Some mistakes are easy to make. For example, not realising that inheritance tax will be payable or assuming that a beneficiary is liable to pay the tax. The issue for executors is that they can be held liable for the error. This can be a significant problem, especially where the executor is not the sole beneficiary of the estate.   The role of a probate lawyer If an executor instructs a probate solicitor, the lawyer sorts all the estate administration out for them or can agree to do the more limited task of obtaining the grant of probate and then leaving the executor/s to finalise the estate distribution. Although the executor appoints a lawyer, the executor remains in post. The executor’s job is to instruct the lawyer and authorise the actions they take. For example, the executor will formally approve the estate accounts prepared by the solicitor.  In the unlikely event that an experienced probate firm makes a mistake during the probate process, the executor has redress, as all qualified and regulated probate solicitors must adhere to standards set by their professional regulatory bodies and have professional indemnity insurance.   You might also be interested in [related_posts]   Taking probate legal advice The best advice for anyone thinking about dealing with probate without legal help from a specialist probate solicitor is to get advice on whether it is sensible to try. A good probate solicitor will tell you if probate is required and, if it is, whether there are warning signs to suggest that you will need legal assistance. Some key flags for taking probate legal advice include: The estate is likely to be liable to pay inheritance tax. The deceased owned their own business, either as a sole trader, partner in a firm or as a company director. The deceased has left all or part of their estate to charity. The estate has complicated assets in it, such as a buy-to-let property portfolio or overseas property. The deceased has left their estate to minor children, and there are trusts involved. The deceased had a complicated personal life, so there is an increased risk of an inheritance dispute or estate challenge. For example, the deceased left a separated or former spouse, unmarried partner, or children from different relationships, and there is a risk that the Will may be challenged on the basis that it does not contain adequate financial provision. The deceased had a complicated financial life with lots of investments and debts that will need to be sorted out before the estate is distributed. You will find the process of acting as an executor and handling the probate yourself too distressing during a time of bereavement. There is a risk that you will fall out with sibling executors or fall out with members of the family who are beneficiaries because they have unrealistic expectations of timescales and what a lay executor can do.   Talk to Evolve Family Law If you need help in deciding whether to handle a probate, give us a call to discuss the estate and your options. If you choose to ask us to handle the estate, we can take care of it entirely, relieving you of the stress whilst keeping you informed.   For probate advice call our specialist probate lawyers or complete our online enquiry form.

A guide on all you need to know about no-fault divorce In this guide, our divorce solicitors answer your questions about how to get a no-fault divorce. For specialist family law advice, call Evolve Family Law or complete our online enquiry form. What is no-fault divorce? No-fault divorce refers to the divorce process. It is called no fault because fault has been removed from divorce court proceedings. This means you no longer start divorce proceedings based on adultery or unreasonable behaviour. Instead, divorce proceedings are started because the marriage has broken down. Grounds for a no-fault divorce To apply for a no-fault divorce, you need to file a divorce application and state that your marriage has irretrievably broken down. You do not need to say why the marriage is at an end. You also don’t need to have been separated for a specified period. As the grounds for divorce are simplified, it is no longer possible to contest or oppose a divorce other than in very unusual circumstances. Who can apply for a no-fault divorce? In no-fault divorce proceedings, there are three options: You and your spouse can apply jointly for a no-fault divorce, or You can apply for the divorce on your own, or Your husband or wife can make the divorce application. Whether you apply jointly or individually, the divorce process is similar. If you apply together, you are referred to as Applicant One and Applicant Two. If you submit the application, you will be the applicant, and your spouse will be the respondent. From a divorce solicitor's perspective, we would generally prefer you to either make the application jointly or to make the application yourself, so that you are in full or partial control of the divorce process and it does not get stalled if you want to obtain your divorce as quickly as possible. You might also be interested in [related_posts] The no-fault divorce court process The no-fault divorce process consists of four steps: You apply for a divorce – this could be a joint application or an application made by one of you. The applicant confirms they want to go ahead with the divorce. The court makes a conditional order – this used to be called the decree nisi of divorce. After a wait of six weeks, the applicant can apply for the final order – this used to be called the decree absolute of divorce. Between steps one and two, there is a twenty-week wait. That period can’t be shortened as it is part of the no-fault divorce law. How long does a no-fault divorce take? Divorce solicitors estimate that no-fault divorces will take approximately six months from the start of the divorce application to the final divorce order. However, the timescales may be slightly longer if there are delays between the four stages. For example, because you want extra time to reflect or because you don’t want to progress the divorce proceedings over the Christmas period. A no-fault divorce is therefore not a quickie divorce, but it does have two advantages: There is no need to blame your husband or wife for the marriage breakdown, and so there is no need to negotiate the grounds for the divorce application. A no-fault divorce may reduce acrimony and help you reach an agreement on child custody and contact, or the financial settlement. No-fault divorce, child custody, and contact In a no-fault divorce, the court is not asked to decide on the future parenting arrangements for your children after your divorce. Ideally, you will be able to agree on the parenting arrangements either directly, through help from family law solicitors, or in family mediation. If you are unable to reach a childcare agreement, either you or your spouse can make a separate application for a child arrangement order. This order will say if the care of the children is shared and will specify the amount of parenting time the child will spend with each parent. If you are concerned about child abduction or you want to move overseas with your children after your divorce, then you can apply to the family court for a prohibited steps order or relocation order. No-fault divorce and financial settlements In a no-fault divorce, the court is not asked to decide who gets what assets in a financial settlement unless either you or your husband or wife asks the court to do so. If you can reach a financial settlement by agreement, you can jointly ask the court to approve a financial consent order. If you can’t reach a financial settlement by agreement, either one of you can file a document, called a form A, to start financial proceedings. There is then a series of court hearings to ensure that financial disclosure takes place and assets are valued. Afterwards, a judge holds a final hearing to decide on the financial settlement and issue a financial court order. At any stage in the financial proceedings, you can reach an agreement and ask the court to approve a financial consent order. The fact that divorce proceedings are based on no fault will not affect the amount you receive as a financial settlement, because if a husband or wife has behaved very badly, you can refer to this in the financial proceedings. However, behaviour must be very extreme to affect a financial settlement, and the behaviour needs to be linked to financial matters. For example, allegations of domestic violence may be relevant to the financial settlement if the victim of domestic abuse cannot work and needs spousal maintenance for a period of time because of the physical or emotional impact of the domestic violence on their ability to find employment or to return to work.   If you have questions about the no-fault divorce court process or need advice on children or financial settlement issues, the divorce solicitors at Evolve Family Law are here to help.   For specialist family law advice, call Evolve Family Law or complete our online enquiry form. Frequently Asked Questions on No-fault Divorce Do you need to say why you want to get divorced? In no-fault divorce proceedings, you do not need to explain why you want a divorce. The only requirement is that you can state, in your opinion, that the marriage has broken down irretrievably. Can my spouse oppose my no-fault divorce application? It is difficult for a spouse to oppose a no-fault divorce application because all the person applying has to state is that they believe the marriage has broken down irretrievably. If your spouse disagrees, this does not give them grounds to oppose your application. If no-fault divorce proceedings are opposed, it is normally because the court lacks jurisdiction. This could be because one spouse says there are ongoing divorce proceedings in another country, or that the court in England does not have jurisdiction as neither spouse is a British citizen and neither is domiciled or habitually resident in the UK. Jurisdiction is a complex issue. Therefore, it's best to consult a family law solicitor if jurisdiction is queried. How long must we be married for to initiate divorce proceedings? You must have been married for at least 12 months before you can initiate divorce proceedings. If you have been married for less than 12 months, a family law solicitor can help get the paperwork ready so you can file the divorce proceedings on the 12-month anniversary. They can also help you reach a financial agreement on how your assets are split and draft a separation agreement. How long must we be separated for before we can start divorce proceedings? There is no minimum period of separation before a husband or wife can apply for a divorce. The only requirement is that you can state that the marriage has irretrievably broken down. How much does a no-fault divorce cost? At Evolve Family Law, we offer fixed-fee divorce services for most divorce applications. If your separation is relatively amicable, our One Lawyer Amicable Divorce Service may help you both file for divorce, obtain an agreed financial consent order and draw up a parenting plan. The service is provided by specially trained family lawyers who can advise and prepare all necessary legal documents to obtain your final order of divorce and financial consent order. For expert advice, complete our online enquiry form.

It may surprise some people, but family lawyers are regularly asked the question ‘how do I prepare to separate?’ The earlier you speak to a divorce solicitor about a planned separation, the more the lawyer can help you reach an informed decision about whether to separate and assist you in making your separation as painless as possible. For specialist family law advice, call Evolve Family Law or complete our online enquiry form. Where to start with planning a separation The obvious place to start if you are thinking about a separation is to talk to your partner, but although that seems the sensible thing to do, it isn’t always the best approach because: You may need legal advice before speaking to your partner because your divorce solicitor’s advice on the potential child custody and financial settlement options may affect either your decision to separate or the timing of your separation. Talking to a counsellor about your relationship difficulties may help you decide if you want to separate, to suggest couple counselling or a trial separation to your partner. Alternatively, counselling may confirm that you want to separate and start divorce proceedings. You may need to take protective action first. This may apply to you if your partner is abusive, has a history of hiding assets, or you are worried that if you tell your partner that you plan to leave, they may take the children or destroy sentimental possessions. If you do decide to speak to your partner about a separation, then it may not come as a complete surprise to them. However, sometimes a partner has no idea about what their husband or wife is planning, so they need time to accept your decision before being able to have a constructive discussion with you about the practicalities of your separation. Talking to your children about the planned separation Knowing when and how best to speak to the children about a planned separation is always a tough decision. Some parents believe it is best not to inform the children about a planned separation until they need to know, for example, when the house goes on the market or when divorce proceedings are initiated. However, waiting to talk to the children can be more unsettling for them, as they may pick up on the atmosphere in the family home or hear things from grandparents or friends, but be too embarrassed or worried to discuss the separation with you. In an ideal world, both parents should sit down together to discuss a separation with their children. That conversation can be challenging because you probably won't have agreed on the parenting arrangements or know if you will be able to stay in the family home with the children. Practical steps when separating Separating from a partner is very emotional, so it can help to focus on practicalities such as: Temporary living arrangements. Parenting arrangements. The financial paperwork you need to sort out a fair financial settlement. The temporary living arrangements You should not leave the family home without first seeking legal advice to determine if it is the best option for your personal and financial circumstances. Your options include: Asking your partner to leave the family home voluntarily. Starting injunction proceedings to get a non-molestation order and occupation order so you can safely stay in the family home until long-term decisions are made and a financial settlement is reached. Applying for temporary spousal maintenance from the court or for child support from the Child Maintenance Service so you can afford to stay in the family home until you can reach a financial agreement or the court makes a financial court order. If your separation is amicable, then it may be possible for you to continue to live together at the family home until you reach a long-term financial settlement.   Whether you both agree to stay at the family home or one of you is moving into rented accommodation or staying with family, you need to reach an agreement on temporary financial matters, including the payment of household bills and access to the joint account. A divorce lawyer can negotiate financial support for you or support you through the family mediation process. The parenting arrangements The temporary parenting arrangements for your children will depend greatly on whether you continue to live together at the family home until you decide what to do with the house. Sorting out the long-term arrangements for the children may not be practical until you know one another’s housing plans and whether, for example, it will be feasible for mid-week contact to take place. Most parents can reach an agreement on childcare arrangements. If you are unable to do so, then a family mediator may be able to help you resolve the dispute. If an agreement is not possible, either parent can apply to the court for a child arrangement order. The financial paperwork You can’t reach an informed financial settlement with your partner until you both have an up-to-date understanding of your financial situation. That may involve finding out things like the value of the family home, the outgoings associated with the family home, the amount you have in savings, or the value of the family business or pension. If you have a financial advisor or accountant, they may have some of this information, such as an investment portfolio document or draft family business accounts. If your partner is not willing to provide financial disclosure, then you can apply to the court for a financial court order. The family court will require your spouse to complete a Form E document and provide financial disclosure as part of the court process. You might also be interested in [related_posts] Understand your separation options Before deciding to separate, it is helpful to understand your separation options and the ways to reach an agreement on custody and parenting arrangements, as well as your financial settlement. When it comes to separation, your options are broadly: A trial separation. A permanent separation. If neither of you wants to initiate divorce proceedings, you may want to record any agreement reached regarding the family home, other property, and financial support in a separation agreement. Starting divorce proceedings. During divorce proceedings, a court may be asked to issue a financial court order to record the terms of any agreed-upon financial settlement. If you can’t reach an agreement through negotiation or family mediation, the court can decide how your assets and property should be divided and make a financial court order.   It is often assumed that if you go ahead with a separation that you and your partner will end up in court proceedings over custody of the children, who gets the family home or whether you will get a share of your spouse’s pension. However, experienced Manchester divorce solicitors say that you don’t have to end up in court. It is often possible to reach an agreement over starting divorce proceedings, the parenting arrangements for the children and the financial settlement through taking legal advice and getting your solicitor to negotiate a parenting plan and financial settlement or advising you about your legal options during family mediation. Seeking advice on your separation can provide you with the information you need to make an informed and supported decision about whether to separate and how to best plan for your future.   For specialist family law advice, call Evolve Family Law or complete our online enquiry form.

If you are separating or divorcing and have questions about how your husband or wife’s behaviour will affect your financial settlement, then the divorce solicitors at Evolve Family Law can help you.  Call Evolve Family Law or complete our online enquiry form. Divorce proceedings and unreasonable behaviour Since the introduction of no-fault divorce proceedings, all you need to say to obtain a divorce is that, in your opinion, your marriage has irretrievably broken down. There is no longer a requirement to explain the reasons behind the breakdown of the relationship, and no need to cite and give examples of a spouse’s unreasonable behaviour. Divorce law was changed to make it less acrimonious. A husband or wife no longer needs to think of six to eight ways in which their spouse behaved unreasonably. That’s a good thing, as no-fault divorce avoids disputes over who should start the divorce proceedings. Although you can no longer refer to unreasonable behaviour in divorce proceedings, you can refer to unreasonable behaviour on the part of your spouse when applying for: An injunction order – a non-molestation order or occupation order. Children law order, such as a child arrangement order, specific issue order, prohibited steps order or relocation order. Financial court order – if the circumstances justify it. Bad behaviour and the impact on divorce financial settlements When you ask the court to make a financial court order, you can ask the court to consider your spouse’s bad behaviour when deciding on the size or structure of the financial settlement. The court is duty-bound to consider several factors (referred to as the Section 25 factors, as they are contained in Section 25 of the Matrimonial Causes Act 1973). One of the factors is conduct if the court thinks it would be inequitable to disregard it. Alleging behaviour in financial  proceedings When you file your Form E in the financial court proceedings, you have the option to include a reference to bad behaviour. The court may ask you to file a detailed statement setting out your behaviour allegations and how they should affect the financial settlement, and your spouse will be given the opportunity to reply. The threshold to raise bad behaviour is high. Although your husband or wife may have behaved very badly by having an affair, being abusive or being a spendthrift, you should speak to a divorce solicitor about whether the bad behaviour will be considered relevant in the financial court proceedings. A specialist finance lawyer will advise you on the best way to secure a financial court order that meets your needs after balancing the impact of the bad behaviour on you and the likelihood that the court will consider it relevant, having regard to statute and caselaw. Is the bad behaviour gross and obvious? The court’s view is that a spouse’s conduct will only affect the financial settlement if it is ‘gross and obvious,’ and so serious that it would be unfair for it to be ignored. Whether a spouse’s conduct has been serious enough to be classed as ‘gross and obvious’ will be a highly subjective decision. What is classed as bad behaviour in financial court proceedings? Several forms of bad behaviour or conduct may affect the size or structure of a financial settlement. These include: If a spouse has a gambling addiction and has gambled away a lot of the family’s money. If a spouse has assaulted and injured the other spouse, so that the injured spouse’s ability to work and earn money has been affected. If a spouse has been found guilty of a financial criminal offence. For example, a conviction for fraud will prevent the spouse from providing spousal maintenance or child support for their family. If a spouse has remortgaged the family home without telling the other spouse, and used the mortgage funds for their purposes. Every family situation is different, so although you may believe your spouse’s behaviour was gross, it is best to check with a divorce lawyer. The family law solicitor can advise if the specific behaviour is likely to have an impact on your financial settlement after assessing all the circumstances.  You might also be interested in [related_posts]   What is financial misconduct during the financial court proceedings? A spouse or former spouse may behave badly during the financial court proceedings. Examples of this type of behaviour include: Dragging out the financial proceedings, or running up needless and excessive legal costs. This isn’t usually reflected in the financial settlement. Instead, the court can order the irresponsible spouse to pay some or a proportion of the other spouse’s legal costs. Hiding assets or transferring assets to family members. The court can be asked to make a Section 37 injunction order or to join family members into the financial court proceedings. A spouse lying about their financial situation and not giving full financial disclosure. The judge can deal with poor behaviour  during the court proceedings by: Ordering the guilty spouse to pay some or all the other spouse’s legal costs. Structuring the financial settlement differently. Assuming, when making a final financial decision, that the guilty spouse is much wealthier than they say they are. If the lying is discovered after a final decision, the decision or financial court order can be set aside, and the process started again. Financial settlements can be structured differently if the judge accepts that a spouse has behaved badly or is not trustworthy. For example, a judge may think that it is best to award a spouse a larger share of the equity in the family home because there is a risk that if the equity were split equally, the wealthier spouse would not pay the ordered spousal maintenance because their behaviour during the marriage or the proceedings indicates they are not trustworthy. How much does bad behaviour change the financial settlement? The impact of the conduct on the financial settlement will vary greatly and entirely depends upon the circumstances of a family. A specialist family law will consider: The bad behaviour. The impact of the bad behaviour on the other spouse. The additional costs of arguing that bad behaviour is relevant to the financial court order. The likely prospects of the court agreeing that the bad behaviour is relevant to the financial settlement and awarding a better financial settlement. In every case of bad behaviour, your divorce solicitor will carry out a cost-benefit analysis of whether the additional time spent arguing your valid points will help you achieve a better financial settlement. Sometimes it won't, but your divorce lawyer will instead recommend an alternative strategy to get you the best financial settlement possible, such as: Filing a questionnaire to ask specific questions about your spouse’s financial disclosure and asking for more paperwork. Asking the judge for permission to instruct a forensic accountant to assess the value of a family business. Instructing a shadow accountant to investigate complex financial transactions or investments. Asking a pension actuary to value the pensions accurately. Why choose Evolve Family Law as your divorce lawyers? Here are three reasons to choose Evolve Family Law as your divorce solicitors: We are a niche law firm specialising in family law and private client services with offices in Holmes Chapel and Whitefield. All our divorce lawyers are experts in their field. They are also approachable and will do their best to answer all your questions and help you reach a financial settlement or childcare arrangement that suits you. Many of our family law services are provided on a fixed fee basis. When we charge on an hourly basis, we are transparent about our fees. Here are some client reviews. If you need family law legal advice, we are here to help. Call Evolve Family Law or complete our online enquiry form.

Who pays child maintenance when you agree to share the parenting of your children after a separation or divorce? It's essential to understand the law on child support before finalising your divorce financial court order or reaching a childcare agreement. Our Northwest family law solicitors can help you understand how child maintenance works and assist you in reaching a parenting agreement or financial settlement. For specialist family law advice, call Evolve Family Law or complete our online enquiry form. Who pays child maintenance when the parenting of children is shared? If you poll parents on the question of who pays child maintenance when parenting is shared, most parents assume that the parent who earns more will be responsible for paying child maintenance. That’s not correct. Under the complex child maintenance law rules, if both parents equally share the care of their children, neither parent will be required to pay child maintenance to the other parent. This child maintenance rule can lead to two problems: Parents not wanting to agree to shared parenting because they don’t want to lose out on child support or can't afford to do so. Parents saying they want to parent equally but not doing so in practice, or the child spending an equal amount of time at each parent’s home but not getting the same quality of parental care and attention at both parents’ homes. These problems can result in more parental disputes about the best childcare arrangements for their children or child arrangement order applications for the court to decide if parenting should be shared equally. What difference does shared care make to child maintenance payments? If you share the care of your children, then it can make the difference between: Receiving hundreds of pounds each month for your children in child support and receiving no child maintenance at all. That can mean the difference between being able to afford to work part time and having to work overtime to pay your household bills, or Paying hundreds of pounds each month for your children in child maintenance. This can mean that a parent cannot afford to pay child support and pay the mortgage or rent on a suitable home near their child’s school, or afford for their children to have the same sort of lifestyle that they enjoy with their other parent. That is why both parents must understand their respective roles and responsibilities regarding shared parenting and child maintenance before agreeing on a parenting regime and child maintenance arrangements. Child benefit and the payment of child maintenance  It was thought that if one parent receives the child benefit money, their entitlement to the child benefit payment automatically means they are the parent who is entitled to ask for child maintenance from the other parent. One father challenged that assumption. The child maintenance tribunal decided that: Child maintenance is only payable if one of the parents is classed under child maintenance rules as the ‘non-resident parent, or in other words, there isn’t an equal shared care arrangement. This means that the other parent is classed under child maintenance rules as the ’parent with care.’ If there is no evidence to the contrary on shared care, then if the person applying for child support receives the child benefit payments, it is assumed that they are the ‘parent with care.’ This assumption isn’t relevant if both parents equally share the care of the children. The day-to-day care provided by each parent must be evaluated. The evaluation isn’t just about counting the nights the children stay with each parent, but also about assessing tasks and responsibilities. If there is equal responsibility for the day-to-day care of the children, then no child maintenance is payable, even if one parent earns a lot more than the other parent. Factors to consider when negotiating parenting arrangements and child maintenance Here are some factors to consider when negotiating parenting arrangements and child maintenance: What type of child care arrangement meets your child’s needs? Some children cope better than others with an equal shared care arrangement. How do the practicalities of commute and work commitments impact how you will share the parenting time and childcare? If you do equally share the care of the children and child support isn’t paid, how will this impact the finances of both parents? Will one parent be paying spousal maintenance to the other parent and, if so, how long for? Will one parent be receiving more than half of the equity in the family home to rehouse themselves because they earn less than the other parent? With specialist legal advice from a Manchester divorce solicitor on your best divorce and financial options, many parents can agree a financial settlement that meets both families’ needs. The lawyer can then draw up a financial consent order, ensuring that both parents have the certainty and legal protection of a court order.   You might also be interested in [related_posts] What counts as shared care of children for child maintenance payments? Shared care is as individual as families. It is a question of what works for a particular family. Some families agree on: A week on, week off schedule so the children spend a week with each parent, or A day on, day off schedule so the children never spend more than a day away from each parent, save for holidays, or Sharing an au pair or nanny so that the child care support moves with the children to provide continuity. These types of shared care arrangements can work better for some families than the more traditional 3-day/4-day split, where one week is spent on the 3-day schedule and then swapped with the 4-day schedule in the second week. The shared care arrangement that works best for a family can depend on: Distances between family homes. If a family has children with different or competing needs. For example, if one child has special educational needs or there is a significant age gap. New relationships and stepchildren. The practicalities of managing work and child care commitments combined with the daily commute and school run. Experience as a Manchester divorce solicitor has shown that any type of shared care arrangement can be beneficial for children, provided their parents are happy with the arrangements, commit to co-parenting and parenting routines, and share the highs and inevitable occasional lows of parenting. What happens if we stop or start sharing the care of the children? If, for whatever reason, you stop or start sharing the care of your children, then child maintenance could either stop or start. That is because, in most situations, you can apply to the Child Maintenance Service for child support at any stage. If child care arrangements change, then a parent may be able to ask the child maintenance service to either stop the requirement to pay child support or to vary the amount paid in child maintenance. That’s why, when looking at your housing options and finances on separation, it is sensible to factor in possible changes in child support in future. Manchester & Cheshire-based Evolve Family Law solicitors are approachable and friendly, providing pragmatic and expert solutions for divorce, children, and financial settlements. For specialist family law advice, call Evolve Family Law or complete our online enquiry form.

A Guide to What Assets will be Shared in Divorce Proceedings and how Couples and Their Financial Advisors can Safeguard Family Wealth From Being Shared in Divorce Financial Proceedings Standish v Standish [2025] UKSC 26. On 2 July 2025, the Supreme Court ruled on the classification of assets in divorce financial proceedings, specifically whether matrimonial assets and non-matrimonial assets should be shared when the court makes a financial order. The decision in the Supreme Court case of Standish is important because it emphasises how crucial it is to work with your family law solicitors and financial advisors to ensure family wealth and non-matrimonial property is protected. At Evolve Family Law, our specialist family lawyers can advise you on wealth protection strategies and advise you in financial settlement negotiations and court proceedings. For expert family law advice, call our team of specialist family lawyers or complete our online enquiry form. The Supreme Court decision in Standish v Standish You can read the full court ruling here. Supreme Court rulings in family cases are rare due to the high cost and litigation risk associated with appealing from the original decision to the Court of Appeal and then to the Supreme Court. The decision in Standish radically alters the size of the financial award to Mrs Standish, but it also: Explains how the sharing principle in dividing matrimonial assets should work. Says that the sharing principle does not apply if the asset is a non-matrimonial asset unless it is a needs case. Offers guidance on when a non-matrimonial asset can convert to a matrimonial asset and therefore be subject to the sharing principle. Matrimonial assets and non-matrimonial assets Depending on the extent of your family's wealth, categorising assets into separate pots can be helpful. They are: Matrimonial assets or family assets, and Non-matrimonial assets or non-family assets If all your assets are matrimonial assets, they will be shared with your spouse. The starting point is an equal division of assets, but the court can order a different outcome after considering the factors in Section 23 of the Matrimonial Causes Act 1973. These include the needs of dependent children, the duration of the marriage, and other relevant factors, such as housing requirements and earning capacity. The court will only share an asset classified as a non-matrimonial asset if the sharing of the matrimonial assets does not meet one spouse’s reasonable needs. Ownership and the classification of matrimonial assets and non-matrimonial assets Some people believe that if an asset is jointly owned, it is considered a matrimonial asset, whereas if it is held in a spouse’s sole name, it is deemed a non-matrimonial asset. The law is more complicated than that. The judgment in Standish confirms that matrimonial assets are ‘’the fruits of the marriage’’. However, the fruits do not need to be owned jointly to be classed as marital assets. If a husband and wife cannot agree on whether an asset is a matrimonial asset or a non-matrimonial asset, the court can rule on the issue. This is what the Supreme Court did in the Standish case. Family lawyers recommend the use of prenuptial agreements and postnuptial agreements if you want to reduce the risk of a dispute over whether an asset is a matrimonial asset or a non-matrimonial asset. You might also be interested in [related_posts] How a non-matrimonial asset can convert into a matrimonial asset The Standish case involved an argument that the husband’s non-matrimonial assets had converted into matrimonial assets when he transferred millions to his wife, to enable her to place the funds in a trust as a tax mitigation strategy for the benefit of the children. The money was not placed in a trust, and the wife argued that the transfer of the funds from her husband's sole name into her name converted the money from a non-matrimonial asset to a matrimonial asset. The Supreme Court disagreed. While the Supreme Court said assets could change category by a concept referred to as ‘’Matrimonialisation’’, it had not occurred when Mr Standish transferred funds to his wife. The concept of Matrimonialisation If a non-matrimonial asset is matrimonialised, it becomes a family asset. That’s a crucial transformation as under the family court principles, a matrimonial asset is available for sharing between the husband and wife. The court will start on the premise that all matrimonial assets should be shared equally between the husband and wife, unless there is a reason to depart from this principle of equality. If you have family wealth or are a financial advisor, accountant or tax advisor, you need to understand the Standish principles of matrimonialisation and how to avoid it. In Standish, the Supreme Court said: Matrimonialisation occurs where there is intention by the contributor to share non-marital property, coupled with treatment by the parties of this non-marital property as shared over time. The Standish Matrimonialisation principles can be summarised as: Matrimonialisation will not be applied narrowly or widely by the court. When deciding if a non-matrimonial asset has become a matrimonial asset, what is important is how the husband and wife have dealt with the non-matrimonial assets and whether their course of dealing shows that, over time, the husband and wife have matrimonialised the non-matrimonial asset into a matrimonial asset. If a husband or wife wants a share of a non-matrimonial asset, they need to be able to demonstrate that the other spouse intended to use or treat the assets as matrimonial assets despite their initial treatment as non-matrimonial assets. The longer an asset is shared or treated as shared by spouses, the stronger the evidence that the asset has become a matrimonial asset. Financial lawyers should advise on the proportionality of arguing whether an asset is a matrimonial asset or a non-matrimonial asset, or if a non-family asset has been matrimonialised.   The facts in the case of Mr and Mrs Standish Every family law case is decided on its facts. As every family is different, it is hard to say that a family situation is an exact match to an earlier court decision. In the case of Mr and Mrs Standish, Mr Standish kept his wealth separate from his wife, except for some accounts and a jointly owned family home. In 2017, he transferred £80 million to his wife as part of a tax mitigation strategy. Instead of transferring the assets into a trust, Mrs Standish separated from her husband and started divorce proceedings. She argued in the Supreme Court that the transfer of funds into her name converted her husband's non-matrimonial asset into a matrimonial asset. The Supreme Court disagreed because it held that there was ‘no Matrimonialisation’ of the assets because the transfer was to save tax and was for the benefit of the children not the wife and therefore the money was not being treated by the husband and wife for any period of time as an asset that was shared between them. Accordingly, the wife’s financial award was limited to £25 million, representing her share of the matrimonial assets. Classifying assets as non-matrimonial assets and avoiding Matrimonialisation You may not be as wealthy as Mr. or Mrs Standish, but it is essential to understand how family wealth and pre-marital assets can and should be protected. Here are some examples of where family wealth or pre-marriage assets may require protection: Money inherited from extended family. Parents gifting substantial sums as part of their inheritance tax strategy. Pre-marriage owned family business. Second marriage and a desire to protect family wealth for the benefit of children from a first marriage. Substantial civil compensation damages. Pension fund to which pension contributions were made prior to the relationship. The best way to ensure that there is no dispute over whether a particular asset or account is a matrimonial asset or non-matrimonial asset is to: Sign a prenuptial agreement to categorise specific assets as non-matrimonial assets. Review the prenuptial agreement if circumstances change. Speak to a family law solicitor when wealth or financial planning to ensure that non-matrimonial assets are not being matrimonialised by wealth planning strategies. Sign a postnuptial agreement if you come into unexpected wealth that you want treated as a non-matrimonial asset, such as an inheritance, the gift of money from a parent, the transfer of shares in a multi-generational family business or the release of capital or income from a trust fund. If you have connections to more than one country, as you or your spouse is from overseas, speak to a family lawyer with international family law expertise who can advise on jurisdictional issues and the impact on your prenuptial agreement or postnuptial agreement. Speak to Evolve Family Law At Evolve Family Law, our specialist prenuptial agreement solicitors collaborate with accountants, tax advisors, wealth planners, and trustees to help families understand decisions such as Standish v Standish and how to best plan their financial futures. For expert family law advice, call our team of specialist family lawyers or complete our online enquiry form.