Family Law Guidance

Many parents who are thinking about a separation or divorce want to make a fresh start overseas with their child. In this article, specialist family law solicitor Louise Halford shares her experience in helping parents apply to move abroad with their children and advising parents on how best to oppose child relocation applications. For expert Divorce and Children Law advice call our team of specialist divorce lawyers or complete our online enquiry form. Moving overseas with a child after separation or divorce Evolve Family Law has seen an increase in inquiries from parents about moving out of the UK with their children. The inquiries are not just from parents currently based in Cheshire and the North West of England, but from across the UK. The increase in children law inquiries is down to the following trends: The world becoming a smaller place with people meeting and marrying partners from other countries The number of overseas families who came to the UK on work visas and dependant visas and who settle in the UK by securing indefinite leave to remain or British citizenship but, after a separation or divorce, one parent wants to return to their country of origin Emigrating for work as opportunities for working abroad increase International parenting after separation or divorce It is said that being a parent is one of the hardest jobs in the world. That is particularly true for any parent who is involved in ‘international parenting’ as a result of one parent moving abroad with the child. Most parents find it hard enough to let their child go off for the weekend with their ex-partner, let alone accept that their child should get on a plane to another country to see their mum or dad. Prior to committing emotionally or financially to an overseas move, many parents don’t fully appreciate that if they are successful in relocating abroad with their child that the family court will often order that the child should spend long chunks of time during holidays with the parent who is not moving abroad and who will be missing their weekend contact. It is often said that there are ‘no winners, only losers’ when one parent moves to another country with their child, whether that be back to a parent’s country of origin or as a result of a new job or relationship. However, with communication and imaginative contact arrangements, even airport handovers, can work. If it is a relocation to Spain then the flight from Manchester or Liverpool airport and the child’s handover may be a lot easier than navigating a motorway trip from Cheshire to Cornwall or Guildford. [related_posts] The law on international child relocation Some parents are well-researched on the law on child relocation but for others, it is a whole new arena. The basic principle is that if a child is habitually resident in the UK the child can’t move abroad with either parent unless the other parent agrees to the move or the family court makes an order granting permission to relocate. The law on child relocation and moving abroad with your child can be hard for a parent to get to grips with. If, for example, both parents originate from the US but currently live in the UK with their children this may mean that their children are classed as habitually resident in the UK. Therefore, although all the family members are American citizens, if one parent wants to return ‘home’ to the US with the children, permission still has to be obtained from an English court.  Without specialist legal advice on child relocation law, many parents don’t realise the implications of booking their flight home. The legal and personal costs of not knowing the law on international parenting can have a devastating impact on a parent and their chances of successfully getting a court order to let them take their child abroad or a child arrangement order. Contact arrangements if a child moves overseas As part of one parent agreeing to give permission, or the court making an order allowing the other parent to relocate, the contact arrangements should be recorded. If a court order to relocate is made the court will normally also make a child arrangements order setting out how often the child should see the other parent. The court order can include written contact, Skype, and face-to-face contact. An agreement should be reached and recorded on specific details such as The agreed travel arrangements Who, if anyone, will accompany the child Who should pay for the costs of flights Extended family and grandparent’s ability to travel, time differences with Skype, the child’s ‘best friend’, and key dates such as Thanksgiving and grandad’s 80th birthday should not be forgotten. ‘Small’ details such as these can impact on whether arrangements work for a child. Compromise is also a key factor as if grandparents can’t make a long-haul flight to Australia for Christmas could both parents split the travel and meet in Dubai? It is often those small points that make all the difference in whether international parenting will work for a family or not. Legal advice on child relocation overseas It is always tough to answer a query on whether a mum or dad will get permission to move abroad. That is not just because the law on this subject is so complex but also down to international parenting being one of the hardest things for any parent to contemplate, and therefore for their family law solicitor, to guide a parent through. Invariably a parent is already emotionally, if not financially, committed to their move abroad before they take the step of getting advice and so it is always worth getting an assessment of your family situation and your options before you commit to a move. For expert Divorce and Children Law advice call our team of specialist divorce lawyers or complete our online enquiry form.

Tax is not normally something that is on your mind when you are thinking about a separation or divorce but divorce solicitors say that capital gains tax has to be considered when negotiating a divorce financial settlement. The government has announced changes to the way capital gains tax is calculated on separation or divorce. In this article, divorce financial settlement solicitor, Robin Charrot, looks at the planned changes and explains the importance of checking out tax on divorce before you agree to your divorce financial settlement. For expert Divorce and Financial Settlement advice call our team of specialist divorce lawyers or complete our online enquiry form. Tax on divorce   Many people who decide to separate do not realise that the timing of their separation, or their decision to transfer assets to the other spouse or to sell assets, can create tax implications. That is why it is important that a divorce financial settlement solicitor checks any proposed financial agreement to both reality test the financial settlement and to check the net effect of the financial deal. Without legal input, what you think is an equal split may not be a 50:50 division of assets if one spouse is going to end up paying a large tax bill in the future, whilst the other spouse escapes from tax liability. The financial agreement may still be a fair financial settlement but both husband and wife must understand the net effect so they are both comfortable with the deal or can negotiate a financial settlement that does achieve equality if that is their objective.   The current tax rules on separation and divorce   Under the current tax rules, a husband and wife can transfer assets between one another without the transfer is taxable. That’s because the transfer of an asset takes place on a no gain and a no loss basis so the spouse acquiring the asset gets the item at the base cost of the spouse who is transferring the asset to them. In other words, a spouse transfer does not crystalise a gain or loss. The issue with the current tax rules for separating couples is that these capital gains tax rules only give these concessions in the tax year of separation.   That may not sound like a big problem but it is. Take the example of a couple with an investment portfolio or a buy-to-rent property. They may conclude that if the wife is to stay in the family home, then the fair financial settlement is for the wife to transfer her share of the investments or buy to let property to the husband. If the couple decides to split in late March they only have until the end of the tax year in early April to sort out the transfers. If they don’t then one of them could face an unexpected and large capital gains tax bill that they would be solely responsible for.   Even if a couple decides to separate in May (so they have almost a full tax year) they can get caught out if they do not take early legal or accountancy advice. For example, the couple could start no-fault divorce proceedings in June but not start thinking about their divorce financial settlement until many months later giving them insufficient time to give notice to transfer investments or to sort out a new mortgage on the buy-to-rent property before the end of the tax year of separation. The government has acknowledged that tight timeframes on various tax aspects arising from separation or divorce can create difficulties and complexities so the proposed new tax regime is more generous and less restrictive. [related_posts] The changes to tax on divorce or separation   With effect from the 6 April 2023, there will be a new tax regime for separating or divorcing couples. If you transfer assets between spouses on or after the 6 April 2023 the no loss and no gain principle will apply to transfers that take place up to 3 years after the end of the tax year of separation. Furthermore, if the transfer takes place as part of a financial court order there is no time limit for the no loss and no gain principle.   The changes to tax on divorce or separation and the family home   If you sell or transfer a family home as a married couple there is no capital gains tax payable because of principal private residence relief. However, principal private residence can be lost resulting in unexpected tax bills.   The complexities of capital gains tax mean you both need to think carefully through the ramifications of agreeing to a mesher order on the family home. For example, a husband and wife may agree that the family home should stay in joint names until their youngest child is 18 as the spouse staying in the family home can't afford to take out a mortgage in their sole name so cannot get the house transferred to them. In reaching this type of mesher agreement the spouse who leaves the family home can, in some circumstances, lose their principal private residence relief.   The government is planning to make it simpler for couples to agree to mesher orders because the non-occupying husband or wife's share of the property will not be subject to CGT when the family home is eventually sold under the terms of the mesher order. The proposed changes may make mesher-type orders more attractive to some families, especially where there isn’t enough equity to rehouse two families or there is a particular need to delay selling the family home until the children have completed their exams. Capital gains tax and divorce in the future   Even after the new rules come into force capital gains tax will still be payable in some scenarios when a couple separates or divorces. If you are concerned about reaching a divorce financial settlement and the tax implications it is best to get early specialist advice on your family law options.   For expert Divorce and Financial Settlement advice call our team of specialist divorce lawyers or complete our online enquiry form

North West law firm Evolve Family Law has become an employee-owned business, in a deal supported by Brabners. The family law specialist, which was established in 2015 by Robin Charrot and Louise Halford, is now 100% owned by a newly established employee ownership trust (EOT) which will look after the interests of the firm’s 13-strong team. The deal will preserve the future independence of the £1m+ turnover business, which has offices in Holmes Chapel and Whitefield, with both founding directors continuing to play an active and long-term role in the firm as it pursues further growth under employee ownership. The transition to employee ownership was supported by the corporate team at leading independent law firm Brabners – led by employee ownership specialist Stephen Hadlow. Evolve acts for a wide range of UK and international clients, including high net worths, on family matters such as finances on divorce, cohabitee disputes, nuptial agreements, child arrangements (including relocation and abduction), wills, estate planning and probate. Employee ownership is one of the fastest growing business succession solutions in the UK, following the introduction of EOTs by the government in 2014. One in every 20 private company sales is now to an EOT, with Evolve Family Law joining a network of EOTs in the UK that includes Richer Sounds and Go Ape.   Robin Charrot, founding director at Evolve Family Law, said: “Over the past seven years, we’ve grown the firm sustainably while bringing new people into the fold to share in our success. Our priority has always been looking after our clients and co-workers rather than maximising profit, and that sentiment has been at the core of our decision to become an employee-owned business, which will provide a platform for everyone to contribute and benefit as Evolve grows in the future.   “Louise and I could have sold the firm to an outside party, but we decided that this would not provide the best outcome for our clients or our staff. We have no plans to step away from the business, so we’re looking forward to helping Evolve prosper under employee ownership while we continue to support clients with transparent, trusted advice for years to come.”   Stephen Hadlow, partner and employee ownership specialist at Brabners, said: “Employee ownership has become an increasingly attractive and popular option for business owners, particularly so since the pandemic. At a time when markets continue to consolidate, it offers a route for businesses to preserve their independence and culture, as well as create a long-term, sustainable pathway for succession. With businesses putting a greater focus on their employees, wellbeing and CSR, we’re expecting more and more firms to move to employee ownership models in the coming months.” James de le Vingne, chief executive of the Employee Ownership Association (EOA), said: “We congratulate our member Evolve Family Law on its transition to employee ownership; securing the ethos, values and culture of the business, as well as rooting jobs in the North West. Businesses that give employees a stake and a say in the business build trust and shared responsibility, uniting leaders and employees behind a common purpose, and leaving businesses in a better position to flex and adapt.” Read the EOA press release here: Family law specialist transitions to EO to ‘provide a platform for everyone to contribute and benefit’ as the business grows | Employee Ownership Association

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

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

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

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

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