Family Law Articles & Advice

If divorce proceedings are started against you in England then you can contest the divorce. However, our Manchester divorce solicitors say that there are two points to consider when deciding whether to contest a divorce. First, even though you may want to contest the divorce, it isn’t always the best option. Second, the government is bringing in divorce reforms and that means in autumn 2021 the grounds for divorce proceedings will change and you will no longer be able to contest divorce proceedings. In this blog we look at how you can currently contest divorce proceedings and the planned change in divorce law. Contesting Divorce Proceedings If you receive a divorce petition in the post your immediate reaction may be to tell your husband or wife that you will be contesting the divorce proceedings. That is an understandable reaction if you are upset or angry about the separation or if you are hurt by the contents of the divorce petition. However, if you want to contest divorce proceedings it is best to take urgent legal advice from a specialist divorce solicitor because: Court rules impose a time limit within which you have to complete a form saying whether you are going to contest the divorce proceedings or not Instead of contesting the divorce you may find that it is a better option to get your husband or wife to amend the contents of their divorce petition If you are worried that the allegations in the divorce petition will affect your child arrangements order application or your financial settlement proceedings then you can agree that whilst you won't defend the divorce proceedings you don’t accept the truth of the allegations contained in the divorce petition and that you will defend the allegations if they are raised in either the children or financial court proceedings The divorce petition may include a claim that you pay your husband or wife's costs in connection with the divorce. This cost claim doesn’t cover any legal advice received by your husband or wife in relation to financial or children law aspects of your separation. If you negotiate you can either agree to each pay your own divorce proceedings costs or to pay a fixed contribution or an agreed amount in divorce costs.   If your divorce solicitor doesn’t recommend that you contest the divorce proceedings it isn’t because they think that the allegations in the divorce petition are true or that you won't win but because they will be concerned that: The money spent in legal fees in contesting the divorce proceedings might be better spent on other legal expenses (such as the priority of getting the child arrangements order you want or the best financial settlement for you) or in paying for a holiday or other item for you Even if you successfully contest the divorce proceedings your husband or wife could issue new divorce proceedings in autumn 2021 and you won't be able to contest those divorce proceedings. All you may have achieved is a delay in the divorce or a divorce on different grounds. This may be worth the legal costs of contested divorce proceedings to you but specialist Manchester divorce solicitors will want to flag up the issues and your alternative options and advise on if delay is in your best financial interests. [related_posts] The current divorce law At present, if a husband or wife wants to get divorced the petitioner applying for the divorce has to show that the marriage has irretrievably broken down because of one of five facts: Adultery or Unreasonable behaviour or Two years separation with the consent of a husband or wife or Five years separation or Desertion. If you are being accused of adultery or unreasonable behaviour it is natural to want to contest the divorce proceedings. You can do so either because: You agree that the marriage has broken down irretrievably but you don’t accept the adultery or unreasonable behaviour allegations or You don’t accept that your marriage has irretrievably broken down. When deciding whether or not to contest divorce proceedings it helps to know that if adultery is alleged in a divorce petition the adultery doesn’t have to be the cause of the marriage breakdown and it could have occurred many years after the separation took place. What is the contested divorce process? The process of getting divorced is similar whether it is an agreed divorce or a contested divorce. If your divorce is agreed then you won't need to attend a court hearing in connection with your divorce and you will only have to go to court if you need a child arrangements order or a financial court order. If you can agree the child care arrangements and the financial settlement you probably won't need to go to court at all as the court can be asked to approve an agreed financial consent order without the need for a court hearing.   The main differences between agreed and contested divorces are: In a contested divorce you will need to attend court and at the final hearing of the divorce proceedings you will need to give evidence In a contested divorce the divorce case will take a lot longer to determine. An agreed divorce can be achieved in about four to five months. A contested divorce will take a lot longer because of the need to obtain court hearings and limited court hearing availability A contested divorce will cost a lot more in legal fees and if you lose the case you may be ordered to pay your husband or wife's divorce costs. Those costs night be the same amount or more than your own divorce costs.   The contested divorce process involves: The husband or wife who starts the divorce proceedings (the petitioner) sending a divorce petition and other documents to court The divorce court issuing the divorce proceedings and sending a copy of the divorce petition to you (the respondent) You filling in an acknowledgement form stating that you want to contest the divorce proceedings. There is a time limit to complete this form You filing a document (called an answer) saying why you oppose a divorce. There is a time limit to file the answer The petitioner can then chose to submit a document called a response to your answer The divorce court lists the divorce proceedings for a directions hearing to decide what orders are needed so that the contested divorce proceedings can be listed for a final hearing At the final hearing of the contested divorce, the judge decides if the petitioner is entitled to a divorce. If so, the decree nisi of divorce is pronounced. The decree nisi does not finalise the divorce proceedings as you have to wait for the decree absolute of divorce for the divorce to be made final Just over six weeks from the date of the decree nisi the petitioner can apply for decree absolute of divorce to end the marriage.   Remember that because of the change in divorce law all you are doing by contesting the divorce proceedings is delaying the divorce as eventually the petitioner will be able to secure a divorce under the new divorce law. In addition a divorce lawyer may recommend that it is in your best financial interests to go ahead with a divorce as quickly as you can because it isn’t until the decree nisi of divorce that the court can make a financial court order, either by agreement or after a contested court hearing. In some family scenarios the timing of the financial court order can be crucial and affect the size of your financial settlement.   What is no fault divorce? The government has brought in new divorce law for no fault or no blame divorce proceedings. Divorce solicitors say that this has led to an increase in enquiries about contesting divorce proceedings now as people think that they might be better off forcing their husband or wife to wait until about autumn 2021 when they can start no fault divorce proceedings. Often that isn’t the case.   In summary the no fault divorce proceedings mean that: A husband or wife can decide to start the divorce proceedings jointly or, if they prefer, one of them can commence the divorce proceedings In a no fault divorce you can't contest the divorce proceedings Instead of having to prove adultery, unreasonable behaviour or separation to get your divorce all a petitioner needs to show is that the marriage has irretrievably broken down by providing a statement of irretrievable breakdown A no fault divorce will take a minimum time of six months from the start of the divorce petition to the decree absolute of divorce. This six month period isn’t because of court delays but to allow time for reflection before the decree absolute of divorce is pronounced.   Manchester divorce solicitors say that most couples, under the current divorce law, are able to avoid contested divorce proceedings after taking specialist legal advice on their options and the implications of contesting the divorce, leaving the couple to focus on resolving child custody and contact and their financial settlement and financial court order. Manchester and Cheshire Divorce Solicitors Manchester and Cheshire based Evolve Family Law solicitors specialise in divorce proceedings, children law and financial settlements. If you need advice about contested divorce proceedings or on any other aspect of family law call us 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.

As well as being asked questions by fathers about whether they have parental responsibility and, if not, how they can get it we are also asked the question ’how do you remove parental responsibility from a father? In this blog we look at the topic of parental responsibility and how a father can lose it.   ​Who has parental responsibility for a child? Many parents don’t know if they have parental responsibility for their child or not so before we look at whether a father can lose parental responsibility for their child it is best to first look at who has parental responsibility and what it means to share parental responsibility.   Mothers automatically have parental responsibility for their child. That means that if the child’s father also has parental responsibility then the responsibility has to be shared. With fathers it is a bit more complicated. The law says that a father has parental responsibility for his child if: The father is married to the child’s mother The father was married to the child’s mother but they are now separated, getting divorced or divorced If the parents are unmarried and the child was born after the 1 December 2003 and the father is named on the child’s birth certificate If the parents are unmarried and the mother has agreed to the father having parental responsibility for the child and they have signed a parental responsibility agreement If the parents are unmarried and the father has successfully applied for a parental responsibility order from the family court.   What does it mean to share parental responsibility with a father? Understanding what parental responsibility means is vital before you can look at what is involved in sharing parental responsibility with your ex-partner.   Parental Responsibility is defined as the obligations and responsibilities a parent (or anyone else who has parental responsibility) has for a child. If you have parental responsibility for your child then you have: A say in major parenting decisions, such as, the choice of new school or whether your young child should follow a vegan diet or be brought up in a specific faith  The right to receive certain information, such as school reports or copy medical records The ability to consent on behalf of your child, for example, consent to medical treatment for a child who isn’t old enough to give informed consent.   How do you share parental responsibility with a father? It can be difficult to share parental responsibility for a child, particularly if: You are the one who carries out all the day to day care of the child The other parent is working but won't provide financial maintenance or child support The other parent doesn’t want to see the child or only does so infrequently at times to suit them You and the other parent have different parenting styles and approaches to parenting You had an acrimonious separation or there was domestic violence within your relationship You think that your ex is only using their parental responsibility to try and control you or to annoy you and isn’t really interested in the child and what is in their best interests.   How do you remove parental responsibility from a mother? The law says that a mother of a child can only lose parental responsibility for her child if the child is adopted. The law is different when it comes to fathers losing parental responsibility for their child.   How do you remove parental responsibility from a father? If a father is or was married to the child’s mother then he has automatic parental responsibility for the child and the mother can't apply to court to remove the father’s parental responsibility. However, the mother can apply to the family court for other orders such as a child arrangements order or a specific issue order or a prohibited steps order.   If an unmarried father has obtained parental responsibility for his child by signing a parental responsibility agreement or by a parental responsibility court order then an application can be made to court to remove his parental responsibility for his child.   The court won't stop a father’s parental responsibility for his child just because of a parental separation or because the father has moved away with work or doesn’t see his child on a regular basis or has committed a criminal offence or isn’t paying child support.   The law says that a family law judge must only terminate a father’s parental responsibility for the child if: The circumstances are exceptional and The termination of parental responsibility is thought by the judge to be in the child’s best interests. [related_posts] Applying to court to remove a father’s parental responsibility It is best to take specialist legal advice from a Cheshire children law solicitor before applying to court to remove a father’s parental responsibility because a court will only remove a father’s parental responsibility if the circumstances are exceptional. Whilst you may struggle to get an order to remove a father’s parental responsibility you may be successful in securing another type of children law order that will resolve the difficulties you are experiencing. Available orders include: A child arrangements order A specific issue order A prohibited steps order.   Although these children law orders do not remove a father’s parental responsibility for his child they can significantly limit the father’s involvement in the child’s upbringing provided that the court concludes that this type of order is best for the child. For example, a child arrangements order can stop direct contact between father and child or a prohibited steps order can stop a father attending a child’s school or nursery or an injunction order can stop the father coming to your home address.   An experienced children law solicitor will talk to you about whether a court application is in your best interests and your alternative options, such as a round table meeting or legal support during family mediation.   What behaviour by a father will terminate parental responsibility? To terminate a father’s parental responsibility for his child you will need to make a court application and the judge will assess whether the father’s behaviour is exceptional and justifies the termination of his parental responsibility as the order is in your child’s best interests.   If you are worried about how your ex is using his parental responsibility then it is best to take legal advice so that you know where you stand and whether a court application to remove parental responsibility from the father is the best way forward for you. We are Manchester and Cheshire children law solicitors For advice about children law,  parental responsibility, child custody or making a child arrangements order application call Evolve Family Law solicitors or complete our online enquiry form . We offer appointments at our offices in Holmes Chapel Cheshire and Whitefield North Manchester or we can set up a video call or telephone appointment for you.

Families come in all different shapes and sizes and don’t just comprise the standard mum, dad and 2.4 children. Many of us joke that we would like to adopt a neighbour as a grandparent but in some families there is a real desire to adopt an adult, often because a step-parent wants to formally recognise their adult step-child or a parent wants to offer a home to a young adult following the death of the child’s parents or their alienation from their biological parents. In this blog we look at whether you can adopt an adult. Can you adopt an adult in the UK? Under UK law you can't adopt an adult, whatever the motivation for your desire to adopt.  UK adoption law says that the child who is the subject of the adoption application must be: Under the age of eighteen at the time that the adoption order application is made and Unmarried and not in a civil partnership (and never been in such a relationship). Sometimes people want to adopt a teenage relative from overseas or a young adult, thinking that adoption is a way of uniting the family in the UK.  Adoption of a child nearing the age of eighteen is technically possible but adoption solicitors recommend that specialist immigration law advice is taken before you proceed. [related_posts] What are the alternatives if you can't adopt an adult? As UK adoption law says that you can't adopt anyone over the age of eighteen what are the alternatives to the making of an adoption order?   Some relatives of young people assume that they will be able to apply to the family court for a child arrangements order as an adoption order isn’t an option. However, UK children law says that a child arrangements order expires when a child reaches the age of eighteen and that an application for a child arrangements order should only be made in exceptional circumstances where a child is aged between sixteen and eighteen at the time of the court application.   If children court orders aren’t the solution then practical options include: If having the same surname is important to both of you, the person you would like to adopt can change their name to your family name by deed poll You can financially protect the person that you would like to adopt by making a Will and leaving a legacy or share of your estate to them. If you do not make a Will then they won't be entitled to receive anything from your estate under intestacy rules if they are not closely biologically related to you and they haven’t been adopted by you If the person you wanted to adopt wants to look after you then you can appoint them as an attorney in your Lasting Power of Attorney If the person you would like to adopt doesn’t have capacity to make their own decisions (for example because of physical or mental impairment) you can ask the high court to make a declaratory order setting out with whom the person should live and have contact with. The high court only has the power to make this type of declaratory order in relation to an adult over the age of eighteen if the adult doesn’t have the capacity to make his or her own decisions.   If you would like to adopt an adult but realise that isn’t an option under UK law the best thing that you can do for the adult that you would like to adopt is to put your affairs in order and make sure that your paperwork, such as your Will and Lasting Power of Attorney , accurately reflects your wishes. Sadly, if you don’t sort out your Will and any associated paperwork the likelihood is that not only will you not be able to adopt your adult loved one but they may not benefit from your estate if you pass away. Preparation and paperwork is therefore essential to protect your loved ones. ​ How can Evolve Family Law adoption solicitors help? At Evolve Family Law our specialist children and adoption solicitors can answer your questions about children and adoption law and help you with all your private client and Will needs. Call us or complete our online enquiry form . We can set up a meeting, video conference, skype or telephone appointment with one of our specialist solicitors.

We all know that we can't put a price on our children and their happiness but before you instruct a children and family law solicitor to go to court for a child arrangements order it is understandable that you want to know the answer to the question ‘’How much does it cost to go to court for child custody UK?’’ In this blog we look at UK child custody cases and legal fees. How much does it cost to go to court for child custody? At Evolve Family Law when a parent asks us how much it will cost to go to court for a child custody order we take a step back and ask the right questions to make sure that court proceedings are necessary as we don’t believe that there is any point in spending money on child custody legal fees if you don’t need to do so.   For example, sometimes alternative options are both cheaper and quicker than a child custody application, such as a strongly worded solicitor’s letter, legal support and family mediation or counselling. In other family scenarios, a court application for a child arrangements order may not be justified if your child is nearly sixteen or if the child custody arrangements are currently agreed but you want a child custody or contact order ‘’just in case’’.   You may question why at Evolve Family Law we won't push or encourage you to start child custody proceedings if we don’t think that is the best option for you and your child. We won't advise you to start child custody proceedings if we think there is a better or more effective solution even though we lose out in legal fees. That’s because we are committed to listening to you and to why you want to apply for child custody orders whilst at the same time being transparent about legal fees and whether we think the costs are necessary or justified.   Evolve Family Law were one of the first firms of solicitors to publish their fees online as we believe that it is important to be transparent and upfront about legal fees so you know what to expect and to help you budget for costs. The Evolve Family Law price guide can be accessed here. [related_posts] Fixed fees and child custody applications As Cheshire and North Manchester children solicitors we are often asked why fixed fees are offered for divorce proceedings or for the drafting of a financial court order as part of a divorce financial settlement but not for an application for a child arrangements order or for a child custody application.   Whilst we publish hourly rates for our specialist children lawyers and support staff, we encourage you to call us to discuss potential costs of going to court for child custody. That’s because , unlike with divorce proceedings or drafting a financial court order, there are so many variables that we need to speak to you about your planned application and family circumstances before we can give you realistic cost information.   In some situations the cost of a solicitor letter, legal support during family mediation or even going to court for a child arrangements order may be less than you might think but in other scenarios the costs may be a lot higher and the ethos at Evolve Family Law is to explain about the potential court complexities and child custody court costs from the outset.   Our children lawyers are asked what makes a child custody case complex. Here are some examples of complicated child arrangements order applications: Serious allegations of physical, emotional or sexual abuse that will require significant investigation, the potential instruction of child experts, and a series of court hearings including what is referred to as a ‘’finding of fact hearing’’ for the family law judge to determine and make findings on the allegations of abuse. There may then be a second substantive hearing , referred to as a ‘’welfare hearing’’ , for the family law judge to determine what child arrangements order should be made Family situations involving parental alienation where one parent is wholly opposed to the children having contact with the other parent or where there has been a long history of previous proceedings and failure to comply with court orders Allegations of domestic violence against a parent and the parent who is alleging that domestic abuse has taken place maintains that it isn’t safe for the children to see or live with their other parent. In some court proceedings involving serious allegations of domestic violence a judge may order a finding of fact hearing Contested jurisdiction where one parent maintains that the children are not habitually resident in the UK and the proceedings should take place overseas or where there are allegations of parental child abduction of the children to the UK Children cases where there are special circumstances such as a local authority or extended family members (such as grandparents) intervening in the court proceedings.   The list above isn’t exhaustive but just sets out some examples of how some child custody cases can be a lot more complicated and involve court appointed experts and a series of directions and substantive court hearings. In other family scenarios, you may be able to reach an agreement over child custody and contact arrangement at the first or second hearing of your court application, without the need to prepare statements, instruct experts or attend a contested court hearing. How can Evolve Family Law help? As every family is different, at Evolve Family Law we welcome calls 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 appointments.

As divorce and family law solicitors based in Holmes Chapel, Cheshire and Whitefield, North Manchester, the latest research from the Legal Services Board was of particular interest to the Evolve Family Law divorce team. At Evolve Family Law we have long thought that ‘‘North is best’’ and the official research seems to agree with us. In this blog we look at the latest Legal Services Board research findings and what they mean for those of you needing divorce, family law or private client help. Divorce and family law fees Research published by the UK Legal Services Board on the cost of divorce and Wills has confirmed what many Manchester and Cheshire solicitors thought, namely that legal advice is generally twenty percent cheaper in the north of England compared to legal fees in the south of England. The official research has revealed that divorce firms based in London are on average a third more expensive than those based outside London.   Manchester divorce solicitors say that the Legal Services Board research has confirmed that there really is a north-south divide when it comes to legal fees. Some may question the quality of what you get ‘’up north’’ or think that the mantra that ‘’you get what you pay for’’ must be right but the Legal Services Board research does not indicate that there is any difference in the quality of the family law legal advice that you receive depending on the location or postcode of your divorce and family law solicitor.   Divorce and fixed fees It is always hard to judge if you are getting value for money with a fixed fee divorce or family law or Will package. However, the Legal Services Board research reveals that divorce law firms who offer fixed prices are on average over a third cheaper than those law firms where estimates of costs are given.   At Evolve Family Law we are committed to transparency on costs and providing as much information online about our fixed fees and pricing. Our cost guide can be accessed here. We also welcome calls to discuss potential legal fees. [related_posts] Should I shop around for a divorce solicitor? The Legal Services Board advises that those with a legal problem shop around and check out potential legal fees. According to the LSB only a fifth of those needing legal advice currently look around and check out fees before committing to instructing a solicitor.   The chair of the Legal Services Board, Dr Helen Phillips has stated: ‘‘Whether buying a home, getting divorced, or making a will, we encourage people to shop around to find a good value deal that meets their needs. Unless they shop around, people risk paying far more than they need to. Where people don’t feel they need to deal with a lawyer face to face, they could make considerable savings by using providers in parts of the country where prices are cheaper.’’   The legal advice price research was commissioned jointly by the Legal Services Board, the Competition and Markets Authority and the Ministry of Justice. The research involved interviewing 1,500 legal businesses in England and Wales and included a spread of legal firms across different types of legal provider and in different locations across the country.   Is a good divorce solicitor all about price? At Evolve Family Law, whilst we believe in transparency on legal costs and fixed fees, we also recognise that choosing a divorce solicitor or a Will or probate solicitor isn’t just about the legal fees. You need to be able to feel confident that your solicitor will listen to you and will offer you the guidance you need so you can make informed choices, whether that is about a child arrangements order application for your children or a divorce financial settlement.   Evolve Family Law recommend that in addition to looking at online information about price structures that you speak to a solicitor to make sure that you can form a trusting relationship and work together. Don’t worry about distances as divorce, Will and probate solicitors offer appointments by video conferencing, Skype or by telephone appointment. Most family law clients say that speaking to their chosen divorce solicitor in the comfort of their home is more relaxing, and according to the latest Legal Services Board research, it could also result in you achieving considerable savings in legal fees. How can Evolve Family Law solicitors help you? For legal help with any aspect of family or private client law, from divorce and separation advice to child arrangements order applications or representation in financial settlement and  financial court order proceedings, negotiating a prenuptial agreement or the preparation of your Will or Lasting Power of Attorney call Evolve Family Law or complete our online enquiry form to set up a meeting, video conference or telephone appointment.

The Sunday Times recently ran a piece on ‘emotional labour’ and here at Evolve Family Law that sparked a debate about what emotional labour is and to what extent it plays a part in UK divorce proceedings. If you aren’t sure what emotional labour is and how it could affect your divorce proceedings then read on.​ What is Emotional Labour? Apparently the term ’emotional labour’ first began to be used back in 1983 to describe repressed feelings and emotions at work. Whilst we may not have head of the term we have all bitten back a sharp comment or retort to a work colleague at one point or other, knowing that a sarcastic reply won't help with the need to work together. Fast forward to 2020, and the term emotional labour is now being used in the home environment. I am sure all of you will have suppressed your first thoughts and replies when asked about whether you want the bins taken out, the dishwasher emptied or what time the meal will be ready for as your other half has plans for the evening (that don’t include you).   Emotional labour isn’t just about suppressing your first response to your partner when asked if you want the dishwasher emptied when there are no clean cups or plates in the cupboard and you have just come off a ten hour shift with your other half and the children looking expectantly for their evening meal. It is also about all the other things in a relationship that can quietly drive you crazy as you feel obliged to hide your true feelings for the sake of your partner’s feelings and/or the children’s feelings. Examples include: Having to have the mother in law to Sunday dinner each week when she clearly can't stand you and never reciprocates with an invitation back Always having to select the children’s birthday presents but not say anything when the children assume that the present was chosen jointly Taking sole responsibility for taking the children to rugby practice when you can't stand sport or the biting wind, and would also much prefer a Sunday lie in (like your partner) having worked hard all week and not being the parent who’d encouraged the child to try for a place in the rugby team in the first place.   Do any of those examples ring true in your relationship? Our Manchester divorce solicitors say that it is often only when the decision to separate has been made that either a husband or wife will realise and acknowledge that they are doing the work of two people in the relationship. [related_posts] Does Emotional Labour Lead to Divorce Proceedings? Whilst you don’t currently hear husband or wife's saying that they are getting divorced because of ‘emotional labour’, it is undoubtedly the case that emotional labour is behind some marriage breakdowns and the commencement of divorce proceedings based on the unreasonable behaviour of either a husband or wife.   Can anything be done to stop emotional labour and the breakdown of a marriage? Divorce lawyers are positive that in the right scenario there is help available such as: Family or couple therapy to discuss how you feel and the need for change Individual therapy to help you accept your husband or wife's behaviour and the fact that they aren’t likely to change Professional help to ease the load on one partner in the relationship, whether that is a housekeeper, cleaner or au-pair.   If you can't stop the emotional labour (and can't live with it) then it may prompt divorce proceedings. The divorce proceedings could be based on your partner’s unreasonable behaviour as, in 2020, it is clear that a relationship needs to be if not an equal division of work and home labour then at least a fair one so one partner doesn’t feel they are hard done by and has to suppress emotional labour as that isn’t healthy for the individual and will eventually lead to the start of divorce proceedings unless the problem can be acknowledged and change occurs.   At Evolve Family Law we are grateful to the Sunday Times for giving a name to ‘emotional labour’, something that we are all aware of and with an understanding of just how pernicious the problem can be when you are caught up in a long standing relationship where one partner’s feelings and emotions just don’t count. Online and Manchester and Cheshire Divorce Solicitors Manchester and Cheshire based Evolve Family Law solicitors specialise in family law and divorce proceedings. If you need legal help with family law, from divorce to your financial settlement or childcare arrangements, call Evolve Family Law or complete our online enquiry form to set up a meeting, video conference or telephone appointment.

If you’d asked a Will solicitor back in late 2019 if there would be changes made to the 1837 Will Act most experienced Will lawyers would have said no. However, Covid-19 is bringing about changes to how Wills are witnessed with some saying that it’s taken a global pandemic to change a law made in the 1800’s. With news of local Covid-19 lockdowns being imposed in Greater Manchester and parts of Lancashire and fears that the localised government Covid-19 related constraints will be extended into Cheshire the changes are broadly welcomed by Cheshire Will solicitors. Cheshire online Will solicitors If you need help making a Will or changing your current Will then the Holmes Chapel based Wills and estate planning team at Evolve Family Law can help you.  Call us or complete our online enquiry form and we can set up a telephone appointment, face to face appointment, video conference, or Skype call for you. ​ Witnessing a Will A Will has to be witnessed in accordance with the law. If the Will isn’t witnessed properly then the Will may be contested. If the Will is found by the court to be invalid as it wasn’t witnessed properly then your estate could pass under the provisions of an earlier valid Will or pass under intestacy rules. That means that your family, loved ones or nominated charity may not end up with a share of your estate. That’s why Will solicitors say it is essential that Wills are executed and witnessed properly.   Under the 1837 Wills Act a Will has to be witnessed by: Two witnesses The witnesses shouldn’t be beneficiaries of your Will The witnesses should be present when you sign the Will and see you sign the Will.   The Will witness requirement meant it was tricky during the height of the Covid-19 pandemic for people to arrange for their Wills to be witnessed especially when Will solicitors were forced to work online because of the government imposed lockdown and the difficulty of getting neighbours to witness Wills whilst practising safe distancing or shielding.   The remote witnessing of Wills To help people wanting to put their personal and financial affairs in order during the Covid-19 outbreak the government has said that it will change the law to allow Wills to be witnessed remotely for the next two years or longer if required.   The government recognises that there is a danger that the remote witnessing of Wills could result in fraud or abuse of the elderly or vulnerable and has therefore issued guidelines to Will solicitors and to the general public on the remote witnessing of Wills.   For those of you who have already executed your Will and are worried that the execution was carried out correctly and is valid then the best thing is to speak to a specialist Will lawyer. The good news is that the government has said that the Will witnessing reforms to allow remote witnessing of Wills is to be backdated to 31 January 2020 provided that: The Grant of Probate hasn’t already been issued The application is already in the process of being administered.   The new law will remain in place as long as necessary and will apply to Wills made up to two years from when the legislation comes into force (the 31 January 2022) but this period could be shortened or extended if deemed necessary by the government.   It should be noted that although the government intends to change the law to allow remote witnessing of Wills the government has said that the use of video technology should be a last resort and people making or changing their Will should continue to arrange physical witnessing of the execution of their Will where it is safe to do so. [related_posts] Government guidance on making Wills using video-conferencing The government guidance on the remote witnessing of Wills applies to both Wills and codicils (a supplementary document that is sometimes used to make minor changes to a Will rather than creating a totally new Will).   The guidance reminds Will solicitors that a Will or codicil isn’t valid unless: The Will or codicil is in writing and The document is signed by the testator or by some other person in the testator’s presence and at their direction and The testator has capacity to make the Will The testator intended by their signature to give effect to the Will and The testator’s signature was made or acknowledged by the testator in the presence of two or more witnesses who were present at the same time and The two witnesses attest and sign the Will The witnesses have a clear line of sight and can see the testator sign the Will (even if their line of sight is through a window or in light of the planned law change remotely through video conferencing).   Video-witnessing or remote witnessing of Wills If a Will is witnessed remotely then the same rules apply to the valid execution of a Will save that the witnesses witness the Will being signed remotely. This doesn’t have to be by video conferencing as it could, for example, take place over Zoom or Facetime.   The important point is that the person making the Will and their two witnesses each have a clear line of sight of the signature to the Will in real time. It is best that the remote signing and witnessing process should be recorded and the recording retained in case the Will is challenged.   The original Will should be in the possession of the testator when it is signed and the signature witnessed remotely. However, the two remote witnesses still need to sign the Will so the Will should then be taken to the two witnesses for them to sign, preferably within twenty four hours unless a longer time period is unavoidable. When the witnesses sign the Will the testator should ideally remotely see the two witnesses sign the Will and acknowledge that they have seen the two witnesses sign. As part of the remote witnessing process the Will should be held up so the Will can be seen.   The government is making the changes to the law on witnessing Wills as the government recognises the importance of writing a Will and the peace of mind that a Will can give to both the testator and their loved ones. Our Online Cheshire Will and Estate Planning Solicitors For help writing a Will or with estate planning call the Will and estate planning solicitors at Evolve Family Law or complete our online enquiry form. We can arrange a telephone appointment, video conference or Skype call to discuss how we can help you with writing a Will or changing your existing Will.

You may think that when it comes to getting divorced and sorting out a financial settlement you don’t get a choice about where to start court proceedings. Our Manchester divorce solicitors will tell you that isn’t necessarily right and that when it comes to choosing your divorce forum it is best to get expert legal advice to make sure that you make the decision that is right for you. In this blog we look at the recently reported case of Mr and Mrs Villiers that highlights how a short geographical distance can make an enormous difference to the size of your financial settlement. The Case of Mr and Mrs Villiers One of the things that the Villiers case reminds divorce solicitors about is that divorce forum shopping doesn’t have to involve international families. That is because the disputed jurisdiction was between England and Scotland.   Charles Villiers asked the English Supreme Court to rule that his wife’s spousal maintenance claim should be decided in Scotland because he had started his divorce proceedings there. In 2014 Mr Villiers filed for divorce from his wife, Emma in Scotland. During the eighteen year marriage the couple lived near Dumbarton in Scotland. When the marriage broke down Emma Villiers moved to London and started a new life there. In 2015 Emma Villiers applied to an English court under section 27 of the Matrimonial Causes Act 1973 for spousal maintenance. The English court ruled that she was habitually resident in England at the time of her application and so was entitled to ask the English court to rule on the amount of spousal maintenance. Mr Villiers disagreed and he therefore appealed the jurisdiction decision. His appeal eventually arrived at the Supreme Court.   The Supreme Court ruled, by a majority decision of three to two, that Emma Villiers could pursue her spousal maintenance claim in England.   You may question why time and legal fees were spent on arguing on court jurisdiction when Scotland and England are both part of the UK and not a million miles apart.   The cost of the court proceedings makes sense in the financial context that family courts in Scotland only tend to order payment of spousal maintenance for three years. Manchester divorce solicitors say that the Scottish position is sharply contrasted to the position in England where, in an appropriate case, a family judge can order spousal maintenance for life. Spousal maintenance for life means that the spousal maintenance payments won't stop until: The payer dies – however the spouse receiving the spousal maintenance payments can make a claim against the estate if financial provision isn’t made under the terms of the Will or through an insurance policy The payee dies The payee remarries The court makes an order to stop payment of spousal maintenance – for example, if the spouse receiving the spousal maintenance is in a long term cohabiting relationship or wins the lottery.   Court jurisdiction makes a big difference when the monthly spousal maintenance payments amounts to £5,500 per month on an interim basis. Furthermore, Mrs Villiers is asking the court to award her spousal maintenance of £10,000 per month based on the lifestyle enjoyed by the family during the marriage and her husband's wealth, although the extent of his wealth and the relevance of family trusts is disputed by him.   Doing the calculations, maintenance at £10,000 per month for three years amounts to £360,000 using Scottish law spousal maintenance principles but if sixty one year old Emma Villiers succeeds in her argument for life time spousal maintenance using English spousal maintenance principles then the figure could be far higher.   Mr Villiers said that his wife's actions in starting court proceedings in England amounted to ‘'divorce tourism'’ but the Supreme Court has ruled against him this week and therefore the spousal maintenance court proceedings will take place in England.   [related_posts]   The Supreme Court decided that the English court has jurisdiction to hear the wife's spousal maintenance application because the divorce proceedings in Scotland are not what it called a ‘‘related action’’ under article 13 of the Maintenance Regulations. Not all of the Supreme Court judges agreed with the decision but the lead judge said that as Emma Villiers is habitually resident in England the court in England can decide the issue of spousal maintenance.   The decision is being seen by many as a charter for divorce shopping to ensure that a husband or wife gets the optimum financial settlement through their choice of court jurisdiction to hear the divorce or associated financial proceedings.   England is known for its generous financial provision for the spouse who is in a weaker financial position and the decision in the case of Mr and Mrs Villiers will reinforce that view amongst international divorce solicitors.   If there is potentially more than one court jurisdiction for your divorce and financial court proceedings then it is best to take early legal advice from an expert Manchester divorce and financial settlement solicitor to make sure that you achieve a financial settlement that best meets your needs. Our Manchester Divorce Solicitors For specialist divorce and financial settlement legal advice call Whitefield, North Manchester and Cheshire based Evolve Family Law or complete our online enquiry form. We offer family law consultations by face to face appointment, video conferencing, Skype or by telephone appointment.