Family Law Articles & Advice

The short answer to the question ‘are prenuptial agreements legally binding in the UK?’ is no but please read on as prenuptial agreements can save you a lot of money. They are the financially prudent and the sensible, if unglamorous part, of wedding planning.​ What is a prenuptial agreement? A prenuptial agreement is an increasingly common document that an engaged couple enter into prior to their marriage. If someone isn’t sure what a prenuptial agreement is or what it does then they can be more wary about signing the document so it is best not to make assumptions about your partner’s understanding of what a prenuptial agreement is and will do.   In essence a prenuptial agreement will govern how a couple will regulate and resolve their financial affairs in the event of a separation. The prenuptial agreement is bespoke to the couple and can be as detailed or as simple as the couple prefer.   Prenuptial agreements and UK family law Now is a good time to answer the question ‘are prenuptial agreements legally binding in the UK?’ That’s because the leading family law case report on prenuptial agreements was ten years old in October 2020. The case remains good case law that is followed by family law judges when they are asked to consider a prenuptial agreement in divorce and financial settlement proceedings. The judges follow this case report, and later decided cases, in the absence of any UK legislation on the status of prenuptial agreements in UK divorce law.   The leading family law case on prenuptial agreements remains the 2010 UK Supreme Court decision of Radmacher v Granatino.   What is the legal status of prenuptial agreements? A prenuptial agreement doesn’t have any statutory or legislative basis and isn’t a binding contract in the same way as a commercial contract. However, that doesn’t mean that a prenuptial agreement doesn’t have legal status. It gets its status from case law, particularly from the leading court case of Radmacher.   Prior to the case of Radmacher prenuptial agreements were thought to be contrary to public policy because they might encourage separation, though the reality was couples wanted to enter into prenuptial agreements, not with a view to separation, but to cover that eventuality, in the same way couples organise life insurance, Wills and Lasting Powers of Attorney. The Radmacher case acknowledged the importance of couples being able to freely enter prenuptial agreements.   The status of prenuptial agreements after the Radmacher court case In the Radmacher case a French husband and a German wife entered into a prenuptial agreement three months before their marriage. In essence, the prenuptial agreement said that neither the husband nor the wife would make a claim on the other’s property if they separated and got divorced. The couple had two children together but eventually separated. The husband made a financial claim and the wife said the prenuptial agreement should be binding on him.   During the financial court proceedings the court had to assess the relevance of the prenuptial agreement. The wife, who was heir to family wealth, said the prenuptial agreement should be binding but the husband argued that it wasn’t. His argument was based on the fact that he did not have legal advice when he agreed to the prenuptial agreement, there had been no financial disclosure or negotiations before the agreement was signed and the couple had children after entering into the agreement.   The court case went all the way to the Supreme Court and that’s why it remains a leading case on the status of prenuptial agreements in financial court proceedings. The Supreme Court said that ‘’the court should give effect to a nuptial agreement that is freely entered into by each party with a full appreciation of its implications unless in the circumstances prevailing it would not be fair to hold the parties to their agreement."   The key points from the Radmacher case is that your prenuptial agreement must be freely entered into and should be fair. [related_posts] What is a freely entered into and fair prenuptial agreement? As it is ten years since the Radmacher decision not only are more couples choosing to enter into prenuptial agreements but the family court is also being asked to look at the relevance of prenuptial agreements in divorce and financial proceedings.   If you are looking at signing a prenuptial agreement then it is important to ensure that your agreement is drafted by a prenuptial agreement solicitor who knows what the court will look at when deciding whether to enforce the agreement or to give it weight in any financial court proceedings.   Whilst prenuptial agreements are not currently automatically enforceable as a contract the family court will either enforce it or give weight to the terms of the prenuptial agreement (thus potentially reducing the size of the financial settlement that would otherwise have been awarded in divorce and financial proceedings ) if the following formalities are met: The terms of the prenuptial agreement must be fair to both parties and must meet the needs of any children There must have been financial disclosure so that the husband and wife each had an understanding of the other’s financial position so they could make informed decisions about the content of the agreement and whether to sign it The prenuptial agreement should be signed at least twenty one days prior to the marriage ceremony or civil partnership The agreement should be freely entered into with no duress or undue influence or misrepresentations about signing the prenuptial agreement Both parties to the prenuptial agreement should take their own independent legal advice before signing the document.   Is a prenuptial agreement a good idea? Since the Radmacher case prenuptial agreement solicitors have seen a substantial rise in enquiries about both prenuptial agreements and postnuptial agreements. That is because, in today’s age, couples want to plan and feel financially secure, whatever the future holds for them. To a family solicitor that is just sensible and prudent planning from a committed and switched-on couple who don’t want to engage in expensive court litigation should they decide to separate at a later date. Our Prenuptial Agreement Solicitors For help with your prenuptial agreement or postnuptial agreement call the friendly, specialist prenuptial agreement solicitors at Evolve Family Law or complete our online enquiry form. Our offices in Holmes Chapel, Cheshire and Whitefield, Manchester are open with social distances measures in place for face to face meetings, however an appointment is required. We also offer remote meetings by appointment by video call or telephone for those who prefer not to travel.

Cheshire children law solicitors are often asked ‘how long does it take to get a child arrangements order?’ It is an understandable question as any parent is naturally anxious about starting children law court proceedings and wants to have a good idea about the likely timescales for getting a child arrangements order as well as the cost and prospects of success. In this blog children law solicitor Louise Halford looks at how long it takes to get a child arrangements order. What is a child arrangements order? Not everyone knows what a UK child arrangements order is. That’s because unlike the old child custody orders the name isn’t particularly clear but child custody and child access orders were relabelled as child residence and child contact orders and the latest renaming is the ‘child arrangements order’.   A child arrangements order can combine both custody and contact as the order can say where the child lives (there could be a primary carer or a shared carer arrangement) and with whom the child should have contact with. The contact could be regular overnight contact, mid-week contact, holiday contact or even indirect contact.   Does a court automatically make a child arrangements order if parent’s separate or divorce? UK children law says that the court should not make a child arrangements order unless the order is necessary because there is a dispute between separated parents that they can't resolve by agreement or family mediation. If parents can't agree on the appropriate and best childcare arrangements for their child after a separation or divorce either parent, whether you are an unmarried or married parent, can apply to the family court for a child arrangements order. [related_posts] How long does it take to get a child arrangements order? It is difficult to answer the question ‘how long does it take to get a child arrangements order?’ as much depends on the family circumstances. Experienced children law solicitors have been known to secure an urgent child arrangements order in a matter of hours. For example, if a parent is worried that the other parent is under the influence of drink or drugs and it is unsafe to return a young child to them but the parent won't accept that or get help or agree to the child staying with the other parent until they are capable of looking after the child again.   When the court is asked to make an urgent child arrangements order it will normally last for a short period of time until the court can assess what long term child arrangements order is in the child’s long term best interests.   In other child arrangements order applications it can take months to secure a child arrangements order. For example, if one parent says that a child won't see the other parent or that the parent has emotionally or physically abused the child the court may want to carry out detailed investigations and order reports before making a decision on contact and what child arrangements order is best for the child. That sort of extended timescale can be very frustrating for a parent, especially where false allegations have been made against them or they fear parental alienation is taking place. The court proceedings can take a long time to determine as the family judge may want to hold a series of interim court hearings (for example, a finding of fact hearing to determine if the parent’s allegations of abuse are true) or to order an independent assessment by a CAFCASS officer or a report by a child psychologist.   If you can't reach an agreement on the arrangements for your child then it is best to speak to an experienced children law solicitor on the likely timescale to get a child arrangements order as they will listen to why you need a child arrangements order and your concerns, discuss any complexities, and then be able to give you a realistic timescale for the court proceedings and the prospects of the court making interim child arrangements orders until the final hearing of the court application. Our Manchester and Cheshire Children Law Solicitors At North Manchester and Cheshire based Evolve Family Law we recognise that not being able to agree on child care arrangements and applying for a child arrangements order can be a stressful experience. For pragmatic specialist children law help from friendly and approachable children law solicitors call Evolve Family Law to discuss how we can help you with your child arrangements order application or to discuss the potential legal costs of going to court for a child custody order. Call us or complete our online enquiry form . We can set up a video conference, skype or telephone appointment so you can speak to an experienced Cheshire children law solicitor from anywhere in the world.

Is family arbitration the best option to reach a financial agreement? If you are going through a separation or divorce during the latest COVID-19 lockdown you will undoubtedly be worried about how you will reach a financial agreement with your ex-husband, ex-wife or former partner.  You may also be concerned about rising infection rates and your safety in physically attending a financial court hearing. Alternatively, you may be worried about delays in achieving a court date because of the impact of COVID-19 on the family court system. In this blog we look at whether family arbitration is the best option to reach a financial agreement if you are splitting up in lockdown. What is family arbitration? Many couples who are in the process of splitting up have not heard about family arbitration. That's because couples tend to reach a financial agreement through solicitor negotiations, financial court proceedings or family mediation or a combination of the three options.   In family arbitration you and your partner jointly appoint a family arbitrator. The job of the arbitrator is to make a financial settlement decision. That decision will be final and binding on both of you.   A family arbitrator is therefore like a private judge of the family court as both have the authority to decide on what is a fair financial settlement and make a binding decision.   What decisions can a family arbitrator make? A family arbitrator can be asked to decide a financial settlement or a property disputes or some children issues arising from either a married or an un-married family relationship.   What are the advantages of family arbitration during the COVID-19 lockdown? The advantages of family arbitration apply generally, whether the UK is in lockdown or not. However, the global pandemic emphasises some of the real benefits of family arbitration such as: You can arrange an arbitration hearing in a place that is convenient to both of you and even online if you prefer. You may feel more comfortable in attending the venue for an arbitration meeting instead of going to a family court for a financial settlement hearing When choosing a family arbitrator, you can check their availability and timescale to hold a family arbitration hearing. If you start financial settlement court proceedings, you don’t get that luxury as you just have to accept court and judge availability and that can be impacted by COVID-19 The use of family arbitration can be more discreet and confidential than traditional court proceedings One family arbitrator will make all decisions, so you won’t experience having as series of court hearings with different family judges You and your partner can adapt the family arbitration process to suit your circumstances so, for example, you could agree that you don’t need a directions hearing or that you want the family arbitrator to have a specific type of family bundle of papers and documents to help make their decision, whereas family court rules on paperwork in financial settlement proceedings are far more prescriptive.   Is family arbitration suitable for everyone splitting up in lockdown? In some situations, family arbitration isn’t suitable. For example, if you need an injunction order to stop your husband or wife from selling off or transferring assets to try and defeat and thwart your financial settlement claims.   Alternatively, family arbitration may not be suitable if you need third party disclosure, for example, from a trust fund or a relative, and they won’t provide disclosure or cooperate in the family arbitration process.   Will a financial settlement be different if family arbitration is used rather than financial court proceedings? Whether you use financial court proceedings or family arbitration to reach a financial settlement the family court judge or family arbitrator will exercise their discretion when determining what financial court order or arbitration award to make.   When a family law judge or family arbitrator exercises their discretion, they do so using the factors set out in the Matrimonial Causes Act 1973. This means that the financial court order or family arbitration award should be within the same range or band of reasonable orders whether court proceedings or family arbitration is used by you to reach a financial resolution. [related_posts] What is the arbitration process? If you decide that you want to use family arbitration to reach a financial settlement it is important that both you and your spouse or partner understand the arbitration process.   The arbitration process is as follows: An application form is completed. The form is referred to as an ARB-1 The family arbitrator’s fees are agreed. Whilst you will need to pay a family arbitrator the family arbitration process may nonetheless be cheaper than traditional court proceedings because you may be able to conclude the arbitration process more efficiently and without the need for as many hearings There is a family arbitration directions hearing. This type of hearing looks at preliminary matters. If a husband and wife agree that this type of hearing is not necessary, then this can be avoided. Alternatively, the preliminary issues could be dealt with by solicitors and the family arbitrator by email. Family arbitration gives more flexibility than a financial court order application over the financial settlement process There is an arbitration hearing. The hearing could take place online because of concerns about rising infection rates and COVID-19 or could be facilitated at a solicitor’s office or at a neutral venue, such as the offices of the family arbitrator. In some cases, a husband and wife may agree that the family arbitrator should make their decision solely based upon reading the paperwork supplied. After either reading the documentation or listening to the husband, wife or partner the family arbitrator will make a decision, called an award. This is a binding decision The court will be asked to make a financial court order in accordance with the terms of the family arbitration award. A formal order is normally needed in a financial family arbitration to implement the family arbitration award. There is a fast track court procedure available to quickly convert an award into a court order.   If you want more information about family arbitration and how it may help you and your partner reach a financial settlement during the COVID-19 imposed lockdown then it's best to speak to specialist divorce and financial settlement solicitors about arbitration and your options. Our Manchester and Cheshire divorce solicitors The friendly team of specialist divorce solicitors at Evolve Family Law can provide legal help with your separation and divorce proceedings, as well as your financial settlement. For all your family and private client law needs call Evolve Family Law or complete our online enquiry form.   The Evolve Family Law offices are located in Whitefield, North Manchester and Holmes Chapel, Cheshire but we also offer remote meetings by appointment by video call or telephone.

When I am leaving the office after a busy day as a Manchester family lawyer I sometimes ponder where the day went as it doesn’t seem five minutes since I was opening the office up as part of my morning routine. That’s when my thoughts turned to answering a popular internet search question ‘what do family lawyers do?’ What is family law? To understand what a family lawyer does you need to know what family law entails. Most people assume that being a Manchester family lawyer is all about drafting divorce proceedings but that certainly isn’t the case as that is only one very small aspect of working life in family law.   Family law is something that you will probably come across in your life. That’s not a negative as many aspects of family law are a positive experience for families, such as: Buying your first house and asking a family lawyer to prepare a cohabitation agreement Getting engaged to marry and signing a prenuptial agreement so both you and your fiancé have peace of mind Having your first child through adoption or surrogacy and asking the family lawyer to secure an adoption order or parental order for your family.   Even something that can be a very negative and a traumatic life experience can end up with a positive outcome with the help of a family solicitor. For example: Separating from a partner and with the help of a family solicitor either agreeing a parenting plan for your child or securing a child arrangements order so that you and your child can enjoy an ongoing relationship with one another Getting the help you need to leave an abusive relationship with a controlling or violent partner through obtaining a non-molestation or occupation injunction order thus enabling you to make a fresh start and put a bad relationship behind you Going through the heartache of your child being taken abroad by the child’s other parent and through use of child abduction and children law proceedings securing the return of your child to the UK Separating from a husband or wife and not knowing where you stand financially and how you will achieve financial independence. Through financial disclosure gaining a better understanding of the family finances and securing a financial court order so that you can move into a new family home Meeting a new partner after a separation or divorce and asking your family lawyer to prepare a cohabitation agreement or a prenuptial agreement so that you can enter your new relationship confident that you have the right paperwork in place to protect you and your family.   These are just some of the things that family lawyers do. Family lawyers do tend to get a bad press on the basis that it is thought that they encourage warring parents and divorcing couples to go to court but that isn’t the case. There are many alternatives to making an application to court, such as: Solicitor negotiations with any financial agreement being converted into a separation agreement or an agreed financial consent order (without the need for anyone to go to court) Family mediation support so that if you are able to reach an agreement in family mediation your Memorandum of Understanding is converted into an agreed financial consent order with no need to physically go to a court hearing to secure the court order Family arbitration – this can be quicker and more flexible than traditional court proceedings. [related_posts] However, there will also be some family situations where urgent court applications are necessary. For example: If you are in an abusive relationship and you need the protection of an injunction order You are worried that your child is at risk of child abduction or will be taken abroad to live without your agreement You are concerned that your husband or wife is not giving financial disclosure of the family assets or is selling or transferring assets and that if you do nothing you won't receive a fair financial settlement. In that scenario a financial court application needs to be made to protect yours and your children’s best interests.   One thing that is certainly true is that no one day is ever the same in the life of a family lawyer; Monday could involve negotiating and drafting an international prenuptial agreement whilst Tuesday might be spent in court securing an injunction, financial or children law order. As for Wednesday, who knows? ​ Our Manchester and Cheshire Family Lawyers To speak to Robin Charrot at Evolve Family Law about any aspect of family law,  from separation and divorce proceedings, reaching a financial settlement or resolving child custody and contact  call Evolve Family Law or complete our online enquiry form. Our offices are located in Whitefield, North Manchester and Holmes Chapel, Cheshire but remote meetings by appointment by video call or telephone are also offered.

Child custody and contact is a tricky topic whatever the legal status of the parents of a child. For example, the parents could be unmarried and have never lived together, be a former cohabiting couple, married or divorced or in a civil partnership. In this blog we look at who has custody of a child when the parents aren’t married. Who has custody of a child? UK children law doesn’t give a parent custody of their child automatically by virtue of being a parent, whether you are an unmarried or married parent. However, if custody is in dispute, either parent can apply to court for a child arrangements order.   A child arrangements order is a bit like the old custody and contact orders as a child arrangements order sets out the person the child should live with and the contact arrangements with the other parent or other extended family members.   A child arrangements order can be very flexible and can say that there should be equal or shared parenting or, at the other extreme, the court order can say that one parent should have no contact or only indirect or supervised contact with the child.   When making a child arrangements order the court will make an order that the family law judge thinks is in your child’s best interests. The judge will consider arrange of factors when making his or her decision. These factors are known as ‘the welfare checklist’. The checklist includes looking at your child’s wishes and feelings in light of your child’s age and understanding as well as assessing how capable each parent is of meeting your child’s physical and emotional needs.   When considering the welfare checklist and what specific child arrangements order to make the court won't consider the legal status of the parent’s relationship as a very relevant factor in the decision making process. That is because the test for what child arrangements order to make, and who should get custody, is based on what is in your child’s best interests rather than the status of the parent’s relationship.   In today’s age, family judges are of the view that whether you are a married mother or father or unmarried the issue for the court to determine is what custody and contact order best meets a child’s needs. A mother and father may have been in an unmarried relationship for many years and whilst you may think that in that scenario the mother will have more ‘’rights’’ over their child a judge will make a child arrangements order, setting out the custody and contact, that he or she thinks will meet the needs of the child. For example, if the father is a loving father who has always enjoyed a close relationship with the child a shared care order may be appropriate. On the other hand, if one parent has either been physically or emotionally abusive towards the child then this would be a reason to give custody of the child to the other parent and to stop or limit the contact to the other parent. [related_posts] When it comes to children law the court looks at things from the perspective of what is best for the child and in the child’s interests. That consideration does not pay a lot of heed to whether you are married or unmarried or in a civil partnership but instead focusses on your child and their characteristics and needs. Accordingly, in the court’s eyes, it is far more important that a parent wants and is able to commit to a long term relationship with their child after a parental separation than the legal status of the parental relationship.   If you are a parent engaged in a custody or contact dispute then children law solicitors will recommend that you don’t focus on the status of your relationship with the other parent and instead focus on your child’s needs and best interests. That way the court is far more likely to be persuaded to make the type of child arrangements order that you are seeking. How can Evolve Family Law help? At Evolve Family Law we recognise that every family is different and we therefore welcome calls to discuss how we can help your family, whether it is an application for a parental responsibility order or a child arrangements order or to discuss the potential legal costs of going to court for a child custody order. Call us or complete our online enquiry form . We can also set up a video conference, skype or telephone appointment so you can speak to an experienced Cheshire children law solicitor from anywhere in the world.

If you aren’t a Cheshire Will solicitor you may not know where to start with making your Will. In this blog we look at how to make a Will, something that we should all do to protect our loved ones.   It is easy to keep putting off making a Will because you have too much to do or you aren’t sure what to put in your Will but a Will is something that we should all have. Covid-19 has emphasised the need to make a Will although some people believe it isn’t possible to make a Will if you can't see a solicitor because of lockdown or the Covid-19 tier system. Most private client solicitors are working remotely so if you do want a Will writing for you then coronavirus shouldn’t put you off as your Will instructions can be taken over the phone or by skype to ensure that you have an up to date Will that reflects your wishes.   Covid-19 - can I still make a Will? Nowadays Covid-19 comes into most conversations and it is no different when private client Will solicitors are asked questions about making a Will. Many people assume that if they are shielding or social distancing that they’ll have to wait to make or change their Will but that certainly isn’t the case. If you are not comfortable with an office appointment then the Will solicitors at Evolve Family Law can arrange either a telephone or video appointment, whatever suits you best.   During any remote appointment our Will solicitors take the same care and pay the same attention to detail to make sure that you understand your Will options and ensure that your Will leaves your estate to your loved ones.   You may also be concerned about how your Will can be completed if you are trying to maintain social distancing or comply with government regulations. We can talk you through how your Will can be executed, including the option of having your Will witnessed remotely. That’s because the government has authorised the remote witnessing of Wills on a temporary basis and provided safeguards are met.   What do I need to make a Will? You don’t need anything to take the first step of making a Will as a Will solicitor can either talk you through the information they need to prepare the Will for you or alternatively, if you prefer, they can send you a Will questionnaire for you to complete.   The main things that a Will solicitor needs to know in order to advise you on your Will and prepare it for you are: Roughly how much is your estate worth - you don’t need to get anything valued as all your Will solicitor needs is a very approximate ball park figure so they know if inheritance tax will be relevant to your estate Whether all of your assets are in the UK - if you own property overseas then you may need another Will to cover your overseas based property Whether any of your assets are jointly owned - if you own property jointly, for example, with a wife, husband or civil partner, then your share in the property may pass outside of your Will unless you sever the joint tenancy Whether you have any dependants - a dependant could be a former husband or wife who is receiving spousal maintenance from you, a child receiving child support, an adult child who is financially reliant on you or your cohabitee or partner. Whilst you can leave your estate to who you want as there is no legal requirement to leave all or a share of your estate to your dependants or family members, a Will solicitor can advise you on the prospects of a dependant trying to contest your Will and how to reduce the risk that your Will might be contested Whether you have any children or planned beneficiaries under the age of eighteen - if you do then you may want to consider the appointment of testamentary guardians in your Will for your children. You will also need to consider leaving money in trust for your children or minor beneficiaries The planned executors of your Will and beneficiaries- if you haven’t made any final decisions about your choice of executors (the people named in your Will as responsible for administering and distributing your estate) then don’t worry as your Will solicitor can discuss your options, including the appointment of family members, your solicitor or another professional as executor. When it comes to beneficiaries your Will solicitor can talk you through your options and make sure that your Will is as ‘future proofed’ as possible so that if ,for example, you want to leave all your estate to your husband or wife or a share of your estate to an older sibling there are ‘substitution gifts’ in your Will. That means that if your spouse predeceases you their legacy is shared, for example, between your children or in the case of your sibling between your nephews and nieces. Alternatively the gift can fall back into your estate and form part of the legacy to your residuary beneficiary or beneficiaries. [related_posts] When to make a Will Will solicitors say that it is never too early to make a Will or, if you have an existing Will, it is equally important to make sure that the Will is up to date and still reflects your wishes.   At any important life event you should consider making or changing your Will. Life events include: Buying your first house – whether on your own or jointly with a partner When you get engaged to marry or enter a civil partnership When you sign a prenuptial agreement When you have children or adopt If you separate or divorce from a husband, wife or partner If you form a new relationship or remarry If you suffer ill health On retirement If you receive a legacy or inheritance.   There are many other scenarios when you should consider making or changing your Will, such as the death of a beneficiary or an executor to your Will. Making a Will can be a very positive experience for you because: It makes you feel that you have taken steps to protect family members and loved ones You can say who you would like to administer your estate through the appointment of executors of your Will You can safeguard young children with the appointment of a testamentary guardian You can use your Will and estate planning to minimise your estate’s liability to inheritance tax.   How to make a Will The easiest way to make a Will or to change an existing Will is to speak to an experienced private client and Will solicitor. They can look at your goals and objectives and work out how best to achieve them. This may include: Lifetime gifting Inheritance tax planning Lifetime trusts Trusts created in your Will and the flexibility and guidance issued to your trustees with discretionary trusts The structure of legacies and the disposal of your residuary estate Contingency legacies so, for example, a grandchild or children, will receive a legacy instead of their parent if their parent sadly passes away before you do so. Carefully drafted contingency legacies means that your Will doesn’t have to keep being rewritten on the birth of a new grandchild How to try and ensure that the Will isn’t challenged or contested by a dependant leading to litigation against your estate. This can be achieved by carefully assessing what, if any, dependency claims can be brought against your estate and how to minimise the risk of a successful claim.   How long does it take to make a Will? The role of a private client and Will solicitor is to make the Will process as simple for you as possible. It is possible to make a Will in a matter of hours but you may, depending on your family circumstances, want to reflect on private client and Will advice before finalising your Will.   Your Will isn’t effective until it is executed. That involves your signing your Will witnessed by two witnesses. As a result of the Covid-19 pandemic the government has temporarily relaxed the rules on witnessing Wills and now allows for a Will to be remotely witnessed to ensure that you can still execute a Will whether or not you are in a Covid-19 related lockdown.   The best way to make a Will is to take the step of picking up the phone and speaking to a friendly and approachable private client and Will solicitor about your options so that you can achieve a well drafted Will that protects your family and gives you peace of mind. We are Cheshire private client and Will solicitors For assistance making or changing your Will or estate planning call Chris Strogen at Evolve Family Law or complete our online enquiry form. Evolve Family Law has offices in Holmes Chapel, Cheshire and Whitefield, Manchester but an appointment at the office isn’t needed to make a Will as Evolve Family Law offers remote meetings by either telephone or video call appointment.

There are no right or wrong answers to what you should or should not do during a separation as your personal and financial circumstances are individual to you, but in this article we give some general guidance about what it’s best not to do during a separation. Why Are You Separating? The question ‘why are you separating?’ 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: Refusing to agree contact arrangements with the children or not attending the family home for agreed contact with the children    Not turning up to pre-arranged 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 your 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 has to decide if you are going to get back together or not within two weeks Following your partner or sending numerous text 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 came as a complete surprise to you and to let your feelings sabotage the trial separation.   Many couples who are going through a trial separation think that they should not take specialist legal advice to look at their options but taking legal advice can be a sensible thing to do because then you will know if you or your spouse have the grounds to start divorce proceedings and the likely financial settlement and child care arrangements. That information may influence your thought process. Importantly, your discussion with a divorce solicitor is completely confidential to you and the fact that you have consulted a divorce solicitor does not have to be disclosed to your husband or wife. They too may have taken family law advice but also taken the decision to say nothing about taking legal advice until you decide on whether you are going to be able to reconcile or not.   If you are desperate to make the trial separation work and to reconcile with your husband or wife it can be tempting to ignore warning bells. You should not do that but instead you should take legal advice. Warning bells include: Your husband or wife taking large amounts out of savings or investment accounts Your husband or wife looking to take out loans against the family home – this is especially concerning if the family home is registered in their sole name. This can be prevented if you register a notice with the land registry Your husband or wife asks you to leave the family home part way through the trial separation or it becomes apparent that they are planning to sell the family home – even if the family home is owned in their sole name there are steps that you can take to protect yourself Your husband or wife selling assets or transferring property, such as shares in a family business, to a family member Your husband or wife asking you to sign a postnuptial agreement  Your husband or wife appearing to be making plans to relocate overseas with the children.    Any of these warning bells, or anything else of concern to you, means you should quickly take specialist legal advice rather than trust that the trial separation is a genuine attempt to repair your relationship whilst you both give one another a bit of space.  [related_posts] What should you not do if a separation is permanent?  If you know that your separation is permanent or you tried a trial separation and that hasn’t worked out then it is often assumed that it is ‘no holds barred’ once you know that your separation is permanent. 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 and end up in your spending more in legal fees.   If your separation is permanent then generally you should not: Leave the family home before first 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 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 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. That is because unless the situation is urgent it is normally better to let your partner know about the planned divorce proceedings as that reduces animosity and makes it easier for you to reach a financial settlement or agree on child custody and contact arrangements.     Every separation is different and everyone reacts 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. Experienced family solicitors can help provide information on your separation options so that you make the best choices for you and your family. Our Manchester and Cheshire Family and Divorce Solicitors Evolve Family Law provides legal help with separation and divorce proceedings, as well as temporary financial arrangements and long term financial settlements, child custody and contact and private client matters. For legal assistance with your family and private client law needs call Evolve Family Law or complete our online enquiry form. The Evolve Family Law offices are located in Whitefield, North Manchester and Holmes Chapel, Cheshire but we also offer remote meetings by appointment by video call or telephone.

A power of attorney authorises nominated members of your family or trusted friends to act on your behalf if you are not capable of making your own decisions because you lack capacity to do so. Many people don’t think that they need a power of attorney but accidents or sudden ill-health can happen to us all so it is sensible to put a power of attorney in place so it is there if you need it. What Is a Health and Welfare Power of Attorney? There are two types of power of attorney and you can chose to have both or just one type, depending on your preferences. The health and welfare power of attorney gives authority to your nominated family or trusted friends (who are referred to as attorneys) to make decisions about your care needs and medical treatment.    Your attorneys are only able to act on the power of attorney if you are not able to express a view on your medical treatment or care needs because you lack capacity. Lacking capacity is something that is assessed by doctors and could occur, for example, if you are in a coma after an accident or have had a severe stroke or are on a ventilator.   What is a property and financial affairs power of attorney?  A property and financial affairs power of attorney authorises your nominated family, friends or professional advisors (who you appointed as your attorneys in the power of attorney document) to manage your property and financial affairs. For example, if you lack capacity to manage your own financial affairs it could be very helpful to have a trusted person ensure that all your household bills or care home fees are paid from your bank account or to arrange the sale of your family home if you need to downsize to a sheltered apartment or are moving to live with a family member.   A property and financial affairs power of attorney can either be set up so that it can only be used if you lose capacity or at any time, depending on your preferences. For example, if you have capacity to make your own decisions but spend a lot of time overseas it can be helpful to have an active property and financial power of attorney so your attorneys can sign paperwork on your behalf.   Who should you appoint as an attorney in a power of attorney? Your choice of attorney may depend on the type of power of attorney you are executing. If the power of attorney is a health and welfare power of attorney you may want to choose close family members or friends who know you well and would know what medical choices you would be likely to make if you had the capacity to make your own health and welfare decisions.   If you are planning to execute both powers of attorney then you can choose different attorneys for each document as you may think that different friends or family members would be better suited to manage your property and financial affairs.    If you decide, at a later date, that you want to change an attorney then you can do so provided that you have the capacity to change the document. That’s why it is important to review your powers of attorney when you are reviewing your Will or your insurance provision to make sure changes don’t need to be made.   How long does a power of attorney last for? A power of attorney is indefinite in length and will last until you cancel it. You can cancel a power of attorney at any stage provided that you have legal capacity to do so. That means that if you execute a power of attorney whilst in your twenties nominating your husband, wife or siblings to be your attorneys then the power of attorney document may never need changing. Obviously if you separate or divorce or one of your attorneys loses capacity or passes away then you can change the power of attorney at that stage. [related_posts] When is a power of attorney used? A power of attorney has to be registered with the Office of the Public Guardian but a health power of attorney won't be used unless you lack the capacity to make your own decisions. Any loss of capacity to make your own decisions could be temporary or permanent, depending on the nature of your condition. A property and financial affairs power of attorney could be set up so it is only used if you lose capacity or so that the power of attorney can be used by your attorneys, depending on your preferences.   Is a power of attorney necessary?  If you lack capacity then a power of attorney makes it a lot easier for your friends and family to help and support you. Sadly, loss of capacity can happen quickly (because of an accident) or slowly (without our realising that we are losing our capacity) and that’s why it is sensible to sign a power of attorney so that you have the power of attorney in place when or if you need it.   If you wait and lose capacity then you can't sign a power of attorney at that stage. In addition your relatives can't sign a power of attorney for you. If you become incapacitated without a power of attorney then your family or friends can make an application to the Court of Protection for a deputy to be appointed to look after your affairs.    The drawback of not executing a power of attorney is that a court application for the appointment of a deputy costs more in legal fees than signing a power of attorney. In addition if you lose capacity your attorneys can immediately help you through the authority given to them in the power of attorney document. If family or friends have to make an application to court for a deputy to be appointed there is likely to be a delay between the Court of Protection application and the appointment of the deputy.    How much does a power of attorney cost?    At Evolve Family Law we believe it is important to be upfront and transparent about legal fees so we publish a price guide on our website under "Our Prices". That way you have the confidence of knowing the price of a power of attorney document before calling our friendly power of attorney solicitors.   Although Evolve Family Law charge a fixed fee for your power of attorney you will get bespoke legal advice from a specialist private client and power of attorney solicitor that looks at your personal situation for a fee that is simple and understandable.  We are Manchester and Cheshire Private Client and Power of Attorney Solicitors For specialist private client advice on your power of attorney or making or changing your Will or estate planning call Chris Strogen at Evolve Family Law or complete our online enquiry form. Evolve Family Law has offices in Holmes Chapel, Cheshire and Whitefield, Manchester but we also offer remote meetings by appointment by video call or telephone.