Family Law Articles & Advice

When you're getting divorced you can come across a lot of legal jargon and terms you’re not familiar with. Many people feel embarrassed about asking their divorce solicitor questions ( they shouldn’t) but in this blog our divorce solicitors explain what a divorce coach is and how they can work with your divorce solicitor to help you.   For divorce advice call our team of specialist divorce lawyers or complete our online enquiry form.   What is divorce coaching?   Divorce coaching gives you the chance to think and make decisions about your separation or divorce as well as process your feelings in an impartial and non-judgemental setting. It allows you to express and work through all the fears, thoughts, and anxieties that you may not feel ready to talk to those around you about. It can help you navigate the divorce process, empowering you to make decisions and take the action that’s right for you.   It can also allow you to explore how you would like this next chapter of your life to be post-divorce, helping you to see the possibilities and feel confident, positive, and optimistic about the future.   Why do I need a divorce coach if I have a divorce solicitor?   You may have a great divorce solicitor that you trust and feel comfortable talking to but a divorce lawyer is there to give you legal advice and explain your legal options. However good their legal advice is and however supportive they are you can still feel overwhelmed by the decisions you have to make. For example, over the timing of your divorce proceedings, whether you should agree a proposed financial settlement or the proposed post separation parenting arrangements for your children.   A divorce coach works with you so you have more confidence in the divorce, financial and children decisions you are making. With greater confidence you are likely to be better able to either reach compromises or cope with the stress of financial or children law proceedings that may be necessary. For example, if your ex-spouse is refusing financial disclosure or your ex is refusing you contact with the children.   Working with a divorce coach   A divorce coach has a client-centric point of view and works with you, not you and your partner. Coaching sessions are one to one and are confidential. They are usually conducted either at the private office of the coach, or via a platform such as Zoom.   You are your own expert on your life and what is most important to you as you move forward. A divorce coach though can act as a thinking partner and sounding board for you, helping you to make sure you can communicate what you want clearly, whether that is to your ex, your family, your divorce solicitor or your family mediator.   A divorce coach helps you to explore your views about possible options, enabling you to consider different choices. In this self-discovery process you can sometimes discover that there are gaps in your knowledge or gaps in your skills. Together you and your coach can develop a plan on how to close these gaps so that you can be confident not only in the decisions and agreements you are making as part of your divorce. But also, beyond it to help you to build strong foundations for a life post-divorce filled with optimism, potential, security, and excitement.   What are the benefits of talking to a divorce coach?   There are many benefits of divorce coaching, such as:   Reducing feelings of turmoil - getting divorced requires a lot of paperwork and organization — tasks that can feel overwhelming when you’re going through emotional turmoil. A divorce coach help you make sure you have everything you need to get it done so that when you meet with your divorce solicitor you are ready and prepared, meaning your meetings can be as cost effective as possible. Saving you money - working with a divorce coach during your divorce can actually save you money by ensuring that your meetings with your divorce solicitor focus purely on the legal process and decisions that need to be made. It is completely understandable that you want to talk through how you are feeling and work through all your emotions about your divorce. But doing this every time you meet with your divorce solicitor may increase your legal fees without actually moving you forward emotionally. A divorce coach will help you manage your emotions so that you can make decisions that are not clouded by how you are feeling about your ex-partner.   What will a divorce coach talk to me about?   The following isn't an exhaustive list, but does give you a general overview of the sorts of things a coach can work with you on:   You're so fearful about your future that you can't make decisions You are feeling overwhelmed by all the paperwork getting divorced involves You have no idea what you're going to do when the divorce is final You're very angry and are trying to use your children to get revenge You're not familiar with the legal process and feel overwhelmed You're not thinking clearly and it's making it very hard to make any decisions You are struggling to figure out a parenting plan that's going to work You are struggling to figure out how you will co-parent [related_posts] What should I look for in a divorce coach?   When looking for a divorce coach your divorce solicitor will be able to help with a referral but you should be checking that any divorce coach you approach is:   Properly qualified with a recognised qualification in coaching A member of a recognised coaching body such as the Association for Coaching, or the International Coaching Federation. This confirms that they are committed to working ethically and responsibly with you and are appropriately qualified A good fit for you as coaching is a very personal experience and it’s important that you feel comfortable with your divorce coach and that you can work well together. So, check that any coach you contact offers a chance to have a free, no obligation 15- 30 minute consultation with them so that you can ensure they are the right person for you   Final thoughts on divorce coaching   Divorce can be a lonely, stressful, and unsettling time, having a coach to help you navigate through, be on your team and ultimately help you flourish after your divorce is complete is definitely something worth considering.   For divorce advice call our team of specialist divorce lawyers or complete our online enquiry form.

We all fear some appointments, whether it is an appointment with a doctor or dentist, or meeting your family lawyer for the first time. In this blog, family law solicitor, Louise Halford, looks at how to get the most out of your first meeting with your family lawyer. For expert Divorce, Children and Financial Settlement advice call our team of specialist divorce lawyers or complete our online enquiry form. In this article we look at: Choosing your family law solicitor Timing your appointment Company at your appointment Preparing for your appointment Talking to your family solicitor Choosing your family law solicitor Before your initial consultation with your family law solicitor, it is best to do some research on whether your family lawyer and the firm are the right fit for you. Just because a friend found a family solicitor wonderful in their divorce, it doesn’t mean they will necessarily be right for you, or that they are experts in the area of family law you need advice on. At Evolve Family Law, we believe in being proactive in helping you choose the right family solicitor for you. That’s why we publish information about the lawyers and our fee guide on our website. We will also speak to you to try and make sure there you are seeing the best solicitor for you at your initial consultation. That’s because family lawyers, just like consultants and surgeons, specialise in different areas of family law. If you need urgent advice about child abduction fears and child relocation orders you don’t want to see a solicitor who has a particular interest in international prenuptial agreements when the firm has expert children law and child abduction lawyers. Timing your appointment It is never too early to have an initial consultation. It can be helpful for you to learn about likely children or financial settlement options should you go ahead with a planned separation. That way you can make informed choices. Taking family law legal advice does not commit you to starting children law or financial court proceedings but it does help you work out the best options for you, through having the information you need to make informed decisions. [related_posts] Company at your appointment If you want to bring a friend or a family member to your appointment that should be fine with your family solicitor. Bringing someone with you can be really helpful as they can make sure that you are asking the questions you want answers to. They can also discuss the advice you received with you after the meeting. All family solicitors ask of you is; to choose the person who comes with you with care. That is because you may be discussing personal issues at your appointment. Your solicitor will not want you to feel inhibited and unable to be totally open about the reasons why you need help and legal advice. Also, a family friend or relative needs to be there as a support, rather than to take over the appointment to discuss their own family law problems or their own views on your relationship or family law issue. If they do that, it is frustrating for both you and your family lawyer solicitor as we both need to focus on you. Therefore, if you want company at your appointment, think about who will provide the best support to help you to get the most out of your consultation. Preparing for your appointment Whilst you are welcome to just turn up to your phone, zoom or office appointment, it can help some people to prepare for the appointment. We don’t mean anything ‘too heavy’ by this. Just have a think about why you need advice and the background. For example, your family solicitor may want to know the date of your marriage or date of separation or when your children were born or the approximate date of when an incident occurred . It is surprising how easy it is to forget dates or to only remember the questions you wanted to ask your solicitor after your consultation. Lawyers like questions, so do bring a list of questions with you. Whilst a family lawyer may not be able to fully answer all your questions at a first meeting, they will be able to tell you what information they need to gather to fully answer your queries. Talking to your family solicitor An initial consultation with a family solicitor is a ‘two-way street’; your family lawyer needs to know a bit about you and about your family law query as well as your goals. Armed with that information a family solicitor can help you get the best out of an initial consultation. Consultations work best when you have the confidence to ask your questions. You therefore should not worry about whether your questions are too basic or whether your solicitor will think you should know the answers. Likewise, your lawyer may need to ask you some questions that you don’t think are very relevant to your family solicitor answering your questions. However, there are some questions that will help your lawyer understand the circumstances so your legal advisor can then work out how best to answer your questions as accurately and as thoroughly as possible. For expert Divorce and Financial Settlement advice call our team of specialist divorce lawyers or complete our online enquiry form.

Divorce solicitors have campaigned for years for divorce law reform and it is finally happening. Whilst that is great news, in this article we take a look at what the reforms mean and whether you should wait to apply for a no-fault divorce and the potential benefits of not waiting when you can apply for a divorce now. For expert Divorce, Children and Financial Settlement advice call our team of specialist divorce lawyers or complete our online enquiry form. In this article, divorce and financial settlement solicitor, Robin Charrot answers your questions on your divorce options and the importance of getting the timing of your divorce right. Your divorce questions answered on: What is no-fault divorce? When is divorce law changing? Can you get a no-fault divorce now? Do the ground for your divorce matter? Should you wait for divorce law change or divorce now? What is no-fault divorce? No-fault divorce is when you get a divorce without having to blame your husband or wife for the marriage breakdown in the divorce petition. It is possible to get a no-fault divorce now, but no-fault divorce will become the norm when the law changes. Even if you do not have the grounds to get a no-fault divorce now, you may be able to divorce amicably and quickly without having to wait for the no-fault divorce law to come into force. The timing of your divorce can have long term financial and other implications for you, so it is best to talk to a divorce solicitor about when to start divorce proceedings. When is divorce law changing? The Divorce, Dissolution and Separation Act 2020 reforms divorce law in England and Wales with the introduction of no-fault divorce. Couples will be able to apply for a no-fault divorce under the new law from the 6th April 2022. However, if you don’t want to wait for the change in divorce law, you may be able to get a no-fault divorce now or get divorced amicably. Can you get a no-fault divorce now? Under current divorce law you have to file a petition for divorce that says your marriage has irretrievably broken down and cite one of five facts. Two of those facts can give you a no-fault divorce now. They are: Separation for two years or more and your husband or wife agrees to a divorce or Separation for five years or more, in which case you don’t need your husband or wife's consent to the divorce. There are three points to make about divorce based on separation: You do not need to have lived in a separate house to your husband or wife for the two or five years provided that you have lived separate and apart in the same household. A divorce solicitor can explain what this means and if this fits with your circumstances. Even if you have not been separated for long enough to get a divorce using the current divorce law on separation, you can still reach an agreement about your future divorce by signing a separation agreement and parenting plan. This will make things easier for you when you do start divorce. proceedings and you can start to implement your financial settlement now. For example, by arranging for the family home to go on the market for sale or starting the ball rolling with getting the house and mortgage transferred from joint names to one name. If you have not been separated for long enough to get a divorce using the current law on separation and divorce, you can probably still get an amicable divorce without having to go to court to get your decree absolute. [related_posts] Do the grounds for your divorce matter? If you want to get divorced now, and you have not been separated from your husband or wife for at least two years, you can still start divorce proceedings now if your marriage has irretrievably broken down and your husband or wife has: Committed adultery or Behaved unreasonably or Deserted you. There are six points to make about ‘fault divorce’: You do not need to name a third party in the divorce proceedings based on adultery. A divorce on one of these three reasons takes the same time for the divorce court to process the divorce as a divorce based on separation. Divorce solicitors can normally agree the allegations of unreasonable behaviour so they don’t cause upset to your husband or wife. You will not have to go to a court hearing for your divorce if your husband or wife agrees to the divorce. The fact that you have started divorce proceedings using adultery or unreasonable behaviour or desertion will not affect the financial settlement or the children arrangements. There may be reasons why it is best, in your circumstances, to get divorced now rather than wait. A divorce solicitor can explore why it may be better for you to get divorced straight away rather than wait until after the 6 April 2022. Should you wait for divorce law change or divorce now? There are many reasons why it may be in your best interests to start divorce proceedings now rather than wait. Every family situation is different so speak to a divorce solicitor about what is best for you in your individual circumstances. Some reasons why it may be best to start divorce proceedings now are: Emotionally you can't wait and you want to get on with your divorce. Your husband or wife doesn’t mind unreasonable behaviour or adultery divorce proceedings being started as they know the divorce petition is a ‘means to an end’ and they can't see a reason to wait. Your children feel as if they are in limbo or think that you and your spouse will get back together as you are not getting divorced straight away. Your husband or wife won't agree to the sale of the family home or other assets and you can only apply for a financial court order if there is a divorce petition filed at court. You want to remarry as soon as possible because you are expecting a child with your new partner or your new partner is in poor health. The tax consequences of divorce and financial settlements mean that in your financial circumstances it is better not to wait until the new tax year. You are in an abusive relationship. You are in need of urgent financial support and spousal maintenance as your husband or wife won't pay towards the mortgage or household bills. You fear child abduction or have other urgent children law related worries. You think that you husband or wife will sell or transfer assets to their family or friends to try to reduce your financial settlement by continuing to hide assets or syphon money. You are concerned that your husband or wife could start divorce proceedings in another country and the financial settlement that you would receive from a court in the other country would not be fair or meet your needs. There are special considerations if your family has overseas connections and you need international divorce You are worried about the consequences of delay as your husband or wife is running up debts and you fear they may be made the subject of a bankruptcy petition. You husband or wife is due to get their cash free lump sum pension payment and you are concerned that they will not preserve the money so you won't get a fair financial settlement. There are special considerations for divorce in retirement. There are many other reasons why you may want to divorce now. Our divorce solicitors will talk to you about your family and financial circumstances and work out which approach is best for you. For expert Divorce, Children and Financial Settlement advice call our team of specialist divorce lawyers or complete our online enquiry form.

It's hard to put a price on seeing your children. It is also hard for a children law solicitor to put a price on the cost of a child contact Order or child arrangement Order. In this blog expert children law solicitor, Louise Halford, takes a look at the cost of a child contact Order. Evolve Family Law are Cheshire, Manchester and Online Family and Children Law Solicitors. For legal help on family law and children law proceedings call us or complete our online enquiry form. Are child contact Orders worth the cost? Whether a child contact Order is worth the cost depends on who you speak to. Recently, ‘I am a celebrity’ winner and former EastEnders actor, Jo Swash, reportedly said that the money he spent in legal fees to get an Order to see his eldest son was ‘the best he’s ever spent’. We don’t think Jo Swash likes paying lawyers, it was more that he felt that it was only when his children law solicitors secured a child contact Order for him that he got to develop the sort of relationship that he wanted with his eldest son. It is undoubtedly always difficult when a couple split up and one person forms a relationship with someone who already has children or the new couple go on to have children together. The feelings of hurt can make it harder to agree contact arrangements and prompt court proceedings to secure a child arrangement Order so a parent can get to see their child. We don’t know exactly why Jo Swash and his ex-partner ended up in court or why they were not able to agree the child contact arrangements via children law solicitors or in family mediation. What children law solicitor, Louise Halford, does say is that she always tries to discourage children law court proceedings because of the cost ; to your purse and to your emotions. That may sound very odd coming from an experienced children lawyer. However, if you are able to reach a compromise and agree the contact it is normally better for both parents and the child. That is the case however much money you have available to spend on a child arrangement Order application. However, there are some situations where it is best to spend money on a child custody or contact Order, whether that is a child arrangement Order, specific issue Order or prohibited steps Order. For example: One parent is refusing to agree to any contact. A parent is alienating the child against the absent parent so the child is being turned against you. You are concerned that the child is at risk of harm (physical or emotional) by either living with or having contact with the other parent. You are worried that the child may be taken overseas to live against your wishes and that you won't get to find the child if they disappear in a country that isn’t a signatory to the Hague Convention. You may need a prohibited steps Order to prevent child abduction and to protect the child. You were in an abusive relationship and you fear that your former partner is using contact with the child as a means of seeing you and exercising control over you. Their behaviour may make you feel at physical risk or may have such an impact on your emotions that it affects your parenting. One parent is refusing to change the contact arrangements. For example, refusing to let an older child stay overnight with you or go on holiday with you and your new family. There are many other reasons why you as a parent may have no alternative other than apply to the family court for a child arrangement Order to sort out the child custody and contact arrangements but it is best to get independent and impartial children law advice before you make an application to court. The cost of a child contact Order It is difficult for any expert children law solicitor to tell you how much a child contact Order will cost you, however transparent a pricing structure they adopt. That is because in some situations the threat of starting court proceedings is sufficient to get a parent the sort of shared parenting or contact arrangements they want. In other scenarios, a parent can make allegations that the other parent isn’t expecting and firmly disputes. If those allegations go to the heart of whether a child should live with one parent or why a child should have restricted or no contact with the other parent then they need to be investigated by the court. This could involve a series of court hearings including a finding of fact hearing. At a fact finding hearing a family judge will decide if they can make a finding about an allegation. The standard of proof is lower than at a criminal hearing but a family court finding can have significant consequences for the current children law application and any future applications. After any findings have been made at a fact finding hearing the judge will then hold a separate hearing to look at what Orders are in a child’s best interests. For example, a judge might find that domestic violence occurred in the parental relationship but that the child is not at risk of domestic abuse and contact can be managed in a way that means the parents don’t come into direct contact with one another. The costs of a children law custody or contact application can't or should not be measured in purely financial terms. If there is a court hearing with both parents giving evidence it may further polarise the parents or it may create additional stress for an older child who is aware of the court application, possibly because they have been interviewed by a CAFCASS officer appointed by the court to find out the child’s wishes and assess what orders are in the child’s best interests as sometimes what a child wants (or says they want if there is an element of coaching) may not actually be best for the child. An expert children law solicitor can help you look at things from the perspective of a family judge so you have the understanding you need about child custody or contact proceedings  to decide if they are worth it to you or that you have the confidence to reach an agreement in family mediation or during solicitor negotiations. Evolve Family Law are Cheshire, Manchester and Online Family and Children Law Solicitors. For legal help on family law and children law proceedings call us or complete our online enquiry form.

At Evolve Family Law the family and private client solicitors have often commented on the very different ways that married and cohabiting couples are treated when it comes to UK family law and the laws on Wills and estate planning. The wholly different treatment can create many injustices. The saddest aspect is that when deciding whether to cohabit or get married most couples don’t realise the significance of their choice because they are not family solicitors or private client lawyers. Instead, they make their decision on whether to get married purely on personal preferences without a full appreciation of the legal implications. Recently one of the perceived injustices has been righted as the Department for Work and Pensions has announced plans to extend bereavement support to cohabiting couples with children. We are Manchester, Cheshire and Online Family and Private Client Solicitors. For legal help and advice on family law and Wills for cohabiting couples call Evolve Family Law or complete our online enquiry form. Bereavement support for cohabiting families You would think that if you were bereaved with dependent children, you would need financial support, whatever the legal status of your relationship. The law previously said financial help was only available to claim if you were a bereaved parent with dependent children and you were either married or in a civil partnership. You could have been married a month and be able to make a claim but a five or fifteen-year committed cohabiting relationship was not recognised when it came to bereavement help. The government  has now announced that the Widowed Parent’s Allowance and Bereavement Support Payments will be claimable by the cohabiting partner of a deceased who had children living with their partner at the time of the partner’s death. The announcement may appear to be very limited in scope but it is estimated that more than 22,000 families will be able to claim this bereavement financial support. To be eligible to make a claim a person in a cohabiting relationship with dependent children will just need to have been living with their partner at the time of their partner’s death. The announcement isn’t law yet. The law will need to be changed by Act of Parliament. However, the government has said that if the law is changed it plans to allow bereaved cohabitees to make backdated claims to the 30 August 2018. Cohabiting couple advice If you are in a cohabiting relationship, it remains vital that you understand the basics of how your relationship will be treated in law if your relationship breaks down either because one of you decides to leave or if your partner passes away. If you are cohabiting with a partner and you split up your rights and financial claims are limited and based on property law. To protect yourself and your children you need to understand your rights and preferably get a cohabitation agreement drawn up to safeguard yourself and your children. If you are cohabiting it is also vitally important that you each make a Will and power of attorney. That is because, under the law, a cohabitee is not treated as their partner’s next of kin. That means that if your cohabitee dies without leaving a Will you won't receive anything under intestacy rules and instead you will have to make a claim against the estate. Likewise, if your partner loses capacity because of an accident or ill health you won't be able to make decisions on their behalf as under the law you aren’t their next of kin. A health and welfare power of attorney and a financial  power of attorney gives you the right to step in and help if your loved one is incapacitated and unable to make their own decisions on what is in their best interests. [related_posts] How can Evolve Family Law help you? At Evolve Family Law our family law solicitors and private client lawyers can help you with: Cohabitation agreements. Resolving property and cohabitation claims if a relationship breaks down. Mediation support if you are going through family mediation because your cohabiting relationship has broken down. Wills for cohabiting couples including the appointment of testamentary guardians for dependent children. Advice on estate planning for cohabiting couples including inheritance tax and the importance of pension and insurance nominations. Powers of attorney. The creation of life time trusts to protect loved ones Cohabitees and claims against an estate.

The news is all about the cost-of-living crisis. North west divorce financial settlement solicitors are getting calls about spousal maintenance and whether spousal maintenance payments can go up to cover increased household bills. Those paying spousal maintenance are equally worried about how they can pay their increased bills and still meet their spousal maintenance payments. In this article our divorce financial settlement solicitors answer your questions: Can spousal maintenance be changed? What triggers a change in spousal maintenance? Cost of living crisis and spousal maintenance Do bigger bills mean more spousal maintenance? Agreeing a change in spousal maintenance Applying to court for a change in spousal maintenance For expert Divorce and Financial Settlement advice call our team of specialist divorce lawyers or complete our online enquiry form Can spousal maintenance be changed? Spousal maintenance can be changed. It can go up or down or be stopped altogether. The change to spousal maintenance can be made by agreement or the court can vary the spousal maintenance payments. If you are also paying or receiving child support then the spousal maintenance can be changed independently of the child support payments. Child support is normally paid by agreement or after an assessment by the Child Maintenance Service. Spousal maintenance is usually payable by agreement or under a family court order. Spousal maintenance and child maintenance are calculated in different ways. If you are worried about how an increase or decrease in spousal maintenance could affect your child support it is best to talk to your family law solicitor. What triggers a change in spousal maintenance? A variation in spousal maintenance can be triggered by many different changes in your personal or financial  circumstances or those of your former husband, wife, or civil partner. Changes that can trigger a need to review spousal maintenance payments are: The payer or receiver loses their job and can't get another one. A business goes bust or there is a downturn resulting in reduced business profits and less income for the company directors. The re-marriage of the person receiving the spousal maintenance (this automatically stops the spousal maintenance payments). The cohabitation of the person getting the spousal maintenance ( the spousal maintenance court order could say maintenance should stop if the person receiving the spousal maintenance starts a cohabiting relationship and they live with their partner for a specified period, such as six months. In other spousal maintenance orders a new relationship involving cohabitation may not be a trigger for the automatic cessation of spousal maintenance but may justify a variation application). Increased outgoings that are reasonable in nature to incur. For example, the decision to lease a new luxury car may not thought to be reasonable increased outgoings but larger bills on the mortgage or the gas or electricity may be reasonable in nature to incur as you can't be blamed for the price hikes that are outside your control. [related_posts] Cost of living crisis and spousal maintenance The cost-of-living crisis is generating lots of questions about spousal maintenance and financial settlement options. If you are negotiating a financial settlement, it’s important to remember that spousal maintenance can go up or down or that you can negotiate a clean break financial settlement so there is no further financial liability towards your former husband or wife. A Northwest divorce financial settlement solicitor can look at the best financial settlement options for your personal and financial circumstances and can weigh up the potential cost of capitalising spousal maintenance payments at the time of the financial settlement (paying spousal maintenance in one lump sum so your former spouse gets more assets but no ongoing spousal maintenance) or the risks of agreeing to spousal maintenance and variation applications to increase the payment if cost of living rises are beyond inflationary increases. Do bigger bills mean more spousal maintenance? ‘Do bigger bills mean more spousal maintenance?’ Not necessarily. That’s because one of the issues is whether the person seeking the variation in spousal maintenance has looked at the ability of their former spouse to pay more or receive less in spousal maintenance if they too are facing higher outgoings and haven’t received a higher than inflation pay rise and have no ‘spare’ or surplus income. Every spousal maintenance question must be considered carefully as each depends on the financial and personal circumstances.  Agreeing a change in spousal maintenance You can agree a change in spousal maintenance in several different ways: By agreement or Using solicitor negotiations or Through family mediation or An application to court to vary spousal maintenance. If you agree how spousal maintenance will be changed outside the court process it’s important to record your agreement in writing and to secure a financial court order or apply to court, by agreement, to change the wording of your existing spousal maintenance order. Applying to court for a change in spousal maintenance You can apply to court to increase, decrease, or stop spousal maintenance payments. It’s best to talk to financial settlement solicitors before making an application as they can advise on your likely prospects of success or whether it is best to try and negotiate without first making an application to court. An application to the family court to vary spousal maintenance follows a similar court procedure to an application for a financial settlement in that the variation application involves financial disclosure and a series of court hearings to help you either reach an agreement or for the court to determine if the spousal maintenance payments should be varied. For expert Divorce and Financial Settlement advice call our team of specialist divorce lawyers or complete our online enquiry form

North west Children law solicitor, Louise Halford, answers your questions on childcare agreements. Whether you are recently separated or if you have been divorced for some time, if you have children with your ex-partner there is always a connection with them. It does not matter whether you are co-parenting or parallel parenting or your former partner only has overnight contact once a fortnight, a childcare agreement is still important as that way you, your ex-partner and, most importantly, your children, all know where you stand and what the parenting arrangements are. In this article our children law solicitors answer: How do we agree a childcare agreement? What happens if parents can't agree on childcare arrangements? How do you apply for a child arrangement order? Can childcare agreements be changed? How do we agree a childcare agreement? When you are feeling upset about a separation or angry because your ex-partner has not paid child support it can be really hard to put your feelings aside and think about the childcare arrangements that best meet your child’s needs. Many parents find it too difficult to reach a childcare agreement on their own. That can be for many reasons, including: You don’t know your legal rights or Your ex-partner won't compromise – it is their way or no way. Your ex-partner was always very coercive and controlling and you are frightened of upsetting them because they will just make your life more difficult. Your ex-partner says that unless you do what they want they won't pay child support or spousal maintenance or agree a financial settlement. Your ex-partner wants to move overseas with the children or to the other end of the country and you don’t know if you can say no. Your ex-partner says they have agreed things direct with the children so you don’t get a say. You are worried about child abduction and fear that your ex-partner could take the children abroad to live without your agreement. If you don’t think that you can reach a childcare agreement direct with your former husband or wife then a children law solicitor or family mediator may be able to help you sort out an agreement or advise you on applying for a court order. With children law advice you can understand the type of childcare agreement you could reach and your options, such as: Co-parenting or parallel parenting where the children spend an equal amount of time with each parent. One home basis where the children live with one parent but the children have weekly or fortnightly overnight contact with the other parent. Relocation where one parent moves overseas or to another area of the country so contact is more limited to school holidays or long weekends. Whatever type of childcare agreement you reach with your former partner it is best to record the agreement in a parenting plan. Your family solicitor can help you draw this up. What happens if parents can't agree on childcare arrangements? If you can't reach a childcare agreement with your former partner then either of you could ask a family judge to decide on the parenting arrangements. A family court can decide on whether your children should be co-parented with an equal parenting regime of shared care or if one of you should be the primary carer and the other should have contact. This type of order is called a child arrangement order. You may be able to agree the day-to-day parenting of your children but not able to agree a specific issue, such as: Whether your children should be privately educated or If your ex-partner should be able to move overseas with the children or If your child should participate in religious observances or If your ex-partner should be prohibited from getting your children vaccinated. These sorts of issues can be resolved by a court making orders such as: Specific issue orders. Prohibited steps orders. Child relocation orders. School fees orders. How do you apply for a child arrangement order? If you can't reach a childcare agreement then you may need to consider applying for a child arrangement order or other type of children law order, for example, a specific issue order. It is best to get specialist children law legal advice before you start court proceedings as a solicitor can look at your prospects of getting the type of court order you want, and if that is not likely, whether a compromise can be reached to avoid children court proceedings. In some situations, you may need to attend family mediation before you can apply for a child arrangement order. A children lawyer can tell you if you fall within the exemption to thus rule and, if not, advise you on how to get the best out of family mediation. They can make sure you know your legal rights and can provide mediation support. A children solicitor can also help you convert any agreement reached in family mediation into a child arrangement order. If family mediation doesn’t work for you then to apply for a child arrangement order you will need to file a court application setting out what court order you want and briefly explain why. During the court proceedings the judge may order that detailed statements are filed at court. The judge can also order a CAFCASS report and expert reports. Depending on the complexity of the issues, the judge could order a finding of fact hearing before the court decides on what child arrangement order to make at a subsequent welfare hearing. If you do decide to apply for a child arrangement order, Northwest children law solicitors say it is best to focus on why the order you are seeking is in your child’s best interests rather than looking at things from your point of view. Therefore, don’t say ‘it is my right to have contact’ but instead give examples of why your children benefit from contact with you. [related_posts] Can childcare agreements be changed? Childcare agreements can be changed either by parental agreement or court order. Whether you need a court order will depend on whether your former partner agrees to the change and if there is an existing child arrangement order, specific issue order or prohibited steps order. Ideally, any change in parenting arrangements should be agreed rather than you making an application to court. However, children law solicitors understand that some issues cannot be resolved by agreement where both parents are adamant that what they want is best for their child. For example, where one parent wants to move to Spain where the child’s extended family lives and where they will have a better lifestyle but the other parent objects as they won't be able to enjoy as much contact time with their child. How can a children law solicitor at Evolve Family Law help? If you need help to reach a childcare agreement after your separation or divorce or you need advice on applying for a child arrangement order or other children law order we can advise you. We are north west and Online Children Law Solicitors: For expert family law advice call us or complete our online enquiry form.

The Impact of Domestic Violence On A Divorce Financial Award In this blog divorce financial settlement solicitor, Robin Charrot, looks at a recent court case involving divorce financial settlement claims and allegations of domestic violence to see how divorce settlements work and how the court treat domestic abuse allegations when making financial settlement decisions. The financial settlement A wife, age 55, separated from her husband. They could not reach a financial settlement by agreement and financial  court proceedings were started. Sadly, the scenario of a husband and wife splitting up and going to court to get a financial court order isn’t unusual but what marks this case out is that the wife was a barrister and had a property portfolio in her name, acquired through her earnings during the eleven-year marriage. The husband, age 58, wasn’t working and had not worked independently of the wife throughout the marriage. Again, there isn’t anything unusual about this save for the situation not complying with the unusual gender stereotype. However, the wife said that as well as her being the bread winner in the marriage, the husband had been violent to her on two separate occasions. The wife said that meant the husband should get nothing by way of financial award. The husband argued that wasn’t fair. The domestic violence allegation The financial court looked at the domestic violence allegations. The husband had been prosecuted but was acquitted so had no criminal conviction for domestic abuse. None the less the family court said it could take the allegations of domestic violence into account because the family court had made findings about the domestic abuse. A husband or wife should therefore not assume that just because a spouse did not report domestic abuse to the police that the family court will disregard domestic violence. However, the court also made it clear that just because there has been domestic violence in a relationship that does not mean that the perpetrator of the domestic abuse should end up with nothing. The financial court proceedings The family court ordered the wife to pay the husband £625,000 as a financial court order but the wife disagreed and appealed. She thought the ruling was unfair. The second judge said that £200,000 of the £625,000 award should be a charge to the wife, repayable by the husband’s estate on his death or repayable by the husband to the wife if the husband were to remarry or live with a new partner. The wife asked the court to reduce the lump sum payment to £425,000. On appeal, the court kept the payment at £625,000 and cancelled the charge. This means the wife has to pay the full £625,000. The court calculated that £625,000 was necessary to enable the husband to buy a new house with a budget of £400,000, with £25,000 to buy a car and pay living expenses and £200,000 to cover costs. The appeal judges concluded that the domestic violence findings did not mean there should be no financial  award or a charge back of some of the financial settlement. The appeal judges favoured a clean break financial settlement with no ongoing financial ties between husband and wife.  The costs of not agreeing a financial settlement When determining the appeal, the judge said the family financial  proceedings had become ‘an exercise in self-destruction' because the legal costs had become disproportionate to the family assets so it was hard to achieve a financial settlement that either husband or wife thought was fair. As the appeal court concluded that the findings of domestic abuse made against the husband do not justify making what would otherwise be an inappropriate order the £200,000 charge was removed giving him a lump sum of £625,000. [related_posts] The lessons from the court case The lessons from the court case are that arguing over principles doesn’t always pay as whilst the wife was the breadwinner the husband was nonetheless entitled to a financial  award to meet his needs. Those needs were not extinguished by the finding of domestic violence in the relationship by the family court although it is fair to say that the award is smaller than if no domestic violence allegations had been made. It is therefore important to raise allegations of domestic violence but not to expect that the court will make no award or an award that is lower than an amount that meets the perpetrators basic needs if the other party has his or her needs met. In this case the wife was not only a barrister, she specialised in family law. What that tells us is that it is important to get independent and impartial expert family law legal advice as early as possible. Whilst you may not like the legal advice it may save you a lot in legal costs if that legal advice enables you to reach a pragmatic financial settlement. Evolve Family Law are North West and Online Family and Divorce Solicitors For legal help and advice on divorce and family law call us or complete our online enquiry form.