Family Law Articles & Advice

Although society has changed toward unmarried relationships, the law on Wills and estate planning hasn’t kept pace. That’s why if you are in an unmarried relationship, it is essential to understand why you and your partner each need a Will.   For expert Will writing advice, call our team of specialist Will lawyers or complete our online enquiry form.   Wills and unmarried relationships If you are in an unmarried relationship, the law says that on your partner’s death: If your partner dies without a Will and intestacy rules apply, then as an unmarried partner, you do not get a share of the estate. That means you could be left with nothing unless you can make a court claim against the estate. As an unmarried partner, you can only bring a claim against the estate of a partner if your partner died intestate without leaving a Will, or they left a Will, but reasonable financial provision was not made for you in the Will, and you fall within one of two categories. These are a person who, for two years before the death of your partner, was living with the deceased as spouse or civil partner, although not married, or if you were being maintained by the deceased before the deceased’s death. That means to bring a claim as an unmarried partner, you either must prove a two-year relationship or dependency on the deceased. The estate cannot claim any married relationship-specific inheritance tax or capital gains tax exemptions or allowances.   Wills and married relationships When it comes to Wills and married relationships, unless you are a private client solicitor or have had advice from one, you probably won’t appreciate just what a difference a piece of paper makes, namely your marriage or civil partnership certificate. If your relationship has the legal status of marriage or civil partnership, then as a spouse or civil partner, you have: Intestacy law rights if your husband, wife or civil partner dies without leaving a Will, and The right to bring a claim against your husband, wife or civil partner’s estate if they leave a Will but the Will does not make reasonable financial provision for you, and Inheritance tax concessions as a spouse or civil partner, and Capital gains tax exemptions on transfers between spouses and civil partners.   Common law spouses and Wills As cohabitation is an increasingly popular form of relationship, and because many adults in the UK don’t have a Will, many people in unmarried relationships will be left in a financially vulnerable position on their partner’s death. Some people assume that they won’t have this problem as they are a ‘common law’ husband or wife, or because they have been in a relationship with their partner for over three or five years. These are all myths. There is no legal concept of a common law husband or wife. In law, you are either treated as married or unmarried.   You might also be interested in [related_posts]   What happens if my unmarried partner dies without leaving a Will? If your unmarried partner dies without making a Will, then their estate will pass under intestacy provisions. These are set out in statute. The intestacy rules say that the deceased’s estate will pass to: The deceased’s child, or if there is more than one child, the estate will be shared equally between the children (or their descendants). The child or children (or grandchildren) can get their inheritance when they reach the age of eighteen, or If the deceased doesn’t have any children or grandchildren, then their estate will pass to their parents, or if the parents have already passed away, to any siblings, or, if none, to more distant relatives. The intestacy rules can be challenged if you were in a cohabiting relationship for at least two years, or you were financially dependent on your partner, but that means court litigation against your children or your partner’s relatives.   What happens if an unmarried partner makes a Will? A Will sets out who should receive an estate or be left a gift out of the estate. If your partner leaves their estate to you, then the Will makes things a lot less complicated and far less stressful. Instead of having to make a court claim, you are entitled to the estate or gift. A legacy can only be challenged if another person successfully brings a claim against the estate. For example, saying the deceased did not have the capacity to make the Will at the time that the Will was executed because of a dementia diagnosis. Will solicitors say that if you are in an unmarried relationship, it is best to have a conversation with your partner so that you both know where you stand and to make a Will so that you and your family are protected in case your unmarried relationship is sadly brought to an end by the death of your partner.   Manchester and Cheshire Will solicitors For expert Will writing advice, call our team of specialist Will lawyers or complete our online enquiry form.

If your child has been taken out of the UK by one parent without the other parent’s parental permission, then this may amount to parental child abduction. This type of child abduction is on the increase because of the rise in families living in the UK with international connections. In this article, child abduction solicitor Louise Halford looks at return orders after child abduction from the UK.   Call Evolve Family Law for specialist family law advice or complete our online enquiry form.   What is parental child abduction?  Parental child abduction is when a parent takes or sends their child out of the UK without the consent of: Every other person who has parental responsibility for the child, or A court order from the family court. Parental child abduction is complicated because some parents have sole parental responsibility, and some parents are legally allowed to take their children overseas without the agreement of the other parent because the parent has: A child arrangement order that says the child lives with them, or A holiday order that specifies that the parent can take the child abroad on holiday, or A relocation order that states the parent can take the child to live overseas. Parental child abduction can either be: Taking a child overseas without parental agreement or a court order, or Not returning a child to the UK at the end of an agreed overseas trip. The former type of child abduction is called wrongful removal, and the latter is referred to as wrongful retention.   Child arrangement orders and taking a child overseas If a parent has a child arrangement order that says their child lives with them, the law says that the parent is allowed to take their child out of England and Wales on holiday, provided that the overseas holiday is for no more than 28 days. With the appropriate child arrangement order, the other parent’s agreement to the holiday is not necessary, and a holiday order is not required. If a parent with that type of child arrangement order wants to take their child overseas for longer than 28 days, they will need the consent of all those with parental responsibility for the child or a holiday or relocation order.   Holiday orders and taking a child overseas A holiday order allows a parent to take a child overseas on holiday if the other parent or others with parental responsibility for the child won't agree to the planned holiday. A holiday order can either: Relate to a specific one-off holiday or Give a parent who does not have a child arrangement order that says the child lives with them, permission to take the child overseas on holiday for a specified period each year, so they don’t have to make annual holiday order applications.   Relocation orders and taking a child overseas A relocation order allows a parent to take their child overseas to live. An order is only required if the other parent and anyone else with parental responsibility for the child objects to the planned overseas move.   You might also be interested in [related_posts]    What is a return order A return order can be made by a family court ordering the return of a child to England, where a child has been subject to parental child abduction through either: Wrongful removal – no parental agreement or court order. Wrongful retention – staying outside the UK for longer than agreed to by the other parent or beyond the scope of the child arrangement order or holiday order.   What happens if a parent does not comply with a return order? If a parent does not return their child to the UK, then the court can commit the parent to prison for breach of the return order. In  AA (Mother) v XX (Father)[2025] EWHC 2165 (Fam), a mother asked the court to commit the child’s father to prison for breaching orders requiring him to return the child to England from Iran. The family were from Iran and the mother took her daughter to Iran on holiday. A paternal relative abducted the child from the airport. The mother returned to the UK and started wardship proceedings to secure the return of her daughter to the UK. She alleged the child’s father had prior knowledge of the child's abduction. The court made a series of court orders, including return orders, but these were not complied with. The mother, therefore, asked the court to commit the father to prison. The judge sentenced the father to six months' imprisonment and concluded that the: ‘’sentence is the only hope of compliance and of securing B's return. The father has been given numerous opportunities to return B but has ignored them, and ignored any of the preparatory steps required. His attitude throughout is that he will only comply with orders on his own terms. Secondly, that a custodial sentence is required to show the court's displeasure about what have been complete and deliberate breaches of court orders both in securing B's return and taking the required steps to secure return and provide for indirect contact’’.   Child abduction legal advice If you think your child is at risk of parental child abduction, it is best to talk to a specialist child abduction solicitor while your child is still in the UK. The family lawyer can advise you on the steps that can be taken to reduce the risk of child abduction. These include: Applying to court for a child arrangement order that says your child should live with you. Asking the court to make a prohibited steps order to stop your child from being taken overseas. Applying to make your child a ward of the court. Taking steps to prevent your child from being issued a passport or asking for a port alert. If the other parent has applied for a holiday order or a relocation order, then you can object to their application. A specialist family solicitor can help you explain to the court why the holiday or relocation order is not in your child’s best interests. If your child has already been taken overseas, then your remedies will depend on whether the country your child has been moved to is a member of the Hague Convention. An experienced child abduction lawyer can identify all your potential legal remedies and help you pursue them as quickly as possible to secure the safe return of your child to the UK.   Call Evolve Family Law for specialist family law advice or complete our online enquiry form.

When you are married to a narcissist, it can feel as if there isn’t a way out of the relationship. There is always a way out, and in this blog, our divorce solicitors look at your best options if you want to divorce a narcissist. Call Evolve Family Law for specialist family law advice or complete our online enquiry form.   Can I divorce a narcissist? When you are married to a narcissist and subject to constant belittlement, it can be hard to contemplate feeling empowered enough to start divorce proceedings, especially if you are told by your husband, wife or civil partner that you can’t leave and you can’t get divorced. You can divorce your spouse by starting no-fault divorce proceedings. Although your spouse may not want you to leave or to start divorce proceedings, the reality is that they cannot oppose a no-fault divorce. Our divorce lawyers provide legal advice on no-fault divorce and, in most cases, offer fixed-fee divorce services. Narcissists' threats about what will happen if you start divorce proceedings   Often, the question isn’t about whether you can start divorce proceedings against a narcissist, but whether their threats that you will ‘walk away with nothing’ or ‘you won’t see the children again’ are realistic. As specialist Northwest divorce solicitors, we find that many people who are married to spouses with narcissistic personality disorders wait a long time before taking legal advice because their partners have told them that divorce proceedings will result in them losing custody of their children or not having enough money to look after themselves and the children. That is very rarely true, but it is hard to believe that your divorce lawyer is right when the person you are married to is so adamant in their beliefs.   Tips on divorcing a narcissist  The first steps in divorcing a narcissist are: Recognising the problem – that is harder than you may think if you have been subject to demeaning comments for years and lost a lot of your confidence. Get help – that can be from your GP, a counsellor, friend or family member – it is important to have emotional and practical help if you are getting divorced and especially if you are divorcing a narcissist. Take legal advice – an expert divorce solicitor can help reassure you about your legal rights and give you an idea of the likely financial settlement and the childcare arrangements for your children, so that you have the confidence to decide whether you want to start divorce proceedings. Focus on what is important to you – if you have been living with a narcissist, it is hard to gain the confidence and determination to start divorce proceedings. That’s why it is essential to focus on why you are doing it. For example, your motivation may be not wanting your children to be affected by your partner’s narcissistic personality disorder, or you not wanting to be in the same position in ten or more years. Remember, what is important to you is the crucial point. That means you should not substitute the views of friends or family for the control imposed on you by your narcissistic partner, as you need to look at what’s best for you.   You might also be interested in [related_posts]   Fears about divorcing a narcissist If you are married to someone with a narcissistic personality disorder, you may worry about whether to mention the full extent of your partner’s behaviour to your divorce solicitor. The reluctance to be fully open with your divorce lawyer can be due to: Embarrassment. Fear that you won’t be believed. Worry that you will be thought to be the one with the ‘problem’. Concern that your partner will react badly if they think that you have said things about them. Thinking that it is pointless to say anything about your partner’s behaviour, as it won’t make any difference.  Your partner’s belief that they are brilliant and exceptional and, of course, always in the right. Your partner’s belief that you are in the wrong and worthless in comparison to them, so your views and feelings don’t count. Extreme reactions if you or anyone else questions your partner’s sense of self-importance or entitlement.   A narcissist is a challenge for anyone who lives with them, as well as for divorce solicitors and the family court. That’s why it is essential that you instruct a divorce solicitor with experience of dealing with those with narcissistic personality disorders, and that you tell your divorce lawyer about the extent of the issues you’ve faced so they can help you. Tell your divorce solicitor if your spouse has a narcissistic personality disorder You may not think that it matters whether your divorce solicitor knows about your partner’s narcissistic personality disorder traits, but it is essential because: If you have children, then your partner’s narcissistic personality may be affecting the children and even influencing how they treat you, as they are so used to seeing you belittled by your partner. That may influence your solicitor’s advice on the best child care arrangements to suit you and your circumstances and to reduce ongoing emotional harm to your children. If your partner is a narcissistic person, then family mediation is unlikely to be a sensible option to try to resolve financial or child care matters, as your partner won’t listen to anyone’s views other than their own, so you’d be better using either family arbitration or court proceedings to reach an enforceable decision. If your partner exerts coercive and controlling behaviour, then you may want to minimise future financial links with them. This could, for example, involve agreeing to a clean break financial court order rather than ongoing spousal maintenance, so you get additional capital rather than having to rely on your former partner paying regular spousal maintenance payments to you. If your partner is abusive, you may need the protection of an injunction order or a child arrangement order to protect you and the children.   How can Evolve Family Law help me? At Evolve Family Law, our divorce solicitors will be very honest with you and tell you that they know, from experience, that starting divorce proceedings against someone with a narcissistic personality disorder is hard. You’ll therefore need all the help and expert support you can get. A narcissistic person needs to feel that they are in control and the winner. That may mean you have to start financial court proceedings to get financial disclosure from your partner and get a fair financial court order, or it may mean you need a child arrangement order to restrict their contact with the children or an injunction order to stop the coercion and domestic abuse. Our specialist divorce solicitors are not only experienced in securing these types of orders but are also adept at finding a way through divorce proceedings involving a partner with narcissistic personality traits.   Call Evolve Family Law for specialist family law advice or complete our online enquiry form.   Our latest blogs

Any separation or divorce is a painful process, but it can be challenging when you are leaving an abusive partner. At Evolve Family Law, our divorce solicitors have experience in helping people separating from abusive partners.   Call Evolve Family Law or complete our online enquiry form.   Deciding to leave an abusive partner It is difficult to decide to leave a husband, wife or partner. People often think that the decision to separate is easy if you are leaving an abusive partner, as ending the relationship is the ‘obvious’ thing to do. As specialist divorce lawyers helping those involved in abusive relationships, our solicitors know that it is no easier to leave an abusive partner than it is to leave a caring and kind partner, where the relationship is at an end because the couple have drifted apart. There is help available to decide whether ending a relationship is the right thing for you. Counsellors, therapists and domestic violence charities all offer a sounding board. Family and friends can also be a good source of support if they are good listeners and able to let you make your own decision. A divorce lawyer can give you the legal information you need before you decide to leave your partner.   How do you leave an abusive partner? You may think the answer to the question ‘how do you leave an abusive partner?’ is obvious – you get up and leave. However, Cheshire divorce solicitors who work with people in abusive relationships know that it isn’t as easy as that. If you are in an abusive relationship, it is particularly important to plan your departure to make sure you and your children are safe. Here are our divorce solicitors' tips on how to leave an abusive partner: Get help and support – the support can be from friends, family, your doctor or counsellor, the police, a domestic violence agency or another source. Have an escape plan – if you are leaving a partner, it is normal to discuss why the relationship hasn’t worked out and why you are either leaving or want them to go. If you are leaving an abusive partner, it may not be safe to have that discussion. You may either need to leave without telling them about your plans or where you are going, or you may need injunction orders to protect you. Be practical – if you are making phone calls or using the internet, or you or the children are posting things on Facebook, think about whether your abusive partner will be able to trace you from those activities. If you are planning on leaving, think about what you will need to take with you to avoid returning for essential items. If the children are in school, make sure teachers know why you may need to collect the children early or arrange for someone else to do so. Protect yourself – if you are at immediate risk, then don’t follow any escape plan but get immediate help from the police. If you are not at immediate risk but are worried about your safety, then speak to a divorce solicitor about getting emergency injunction orders (called non-molestation and occupation orders) or children orders (called child arrangements orders or prohibited steps orders) to safeguard your children. Take legal advice – ideally, you should take legal advice before you leave an abusive partner so that you know where you stand legally and whether, for example, you can make them leave the family home, if you can change the locks, stop contact or get interim financial support. Be strong – you may think that you are not strong enough to leave or to withstand the pressure from your partner to return or their attempts to find you and exact revenge because you left. Leaving isn’t always the easy option, and that is why you may need support to stay strong.   Is my partner abusive? You may think that the question ‘Is my partner abusive?’ should have a straightforward answer. However, it isn’t uncommon for those leaving abusive relationships not to recognise their partner’s behaviour as abuse. That can be for a variety of reasons, such as: You understandably don’t want to be a victim of abuse, and so minimise your partner’s behaviour. You have a narrow view of what amounts to abusive behaviour because you have been coached into thinking that psychological abuse or coercive and controlling behaviour is not abusive. You have been told that your partner’s behaviour is normal or that it only occurs because of your demands. Your partner isn’t abusive to the children, so it must be your behaviour that is at fault and not that of your partner. Most injunction lawyers understand why a victim does not see their spouse’s behaviour as abusive during the relationship, and therefore why it is so hard for the victim to recognise their spouse’s behaviour as abuse when they separate from their abusive partner. If you have been told repeatedly that you are ‘mental’ or the one with the ‘problem’, it is all too easy to get sucked into believing that the abuse only occurs because your partner cares about you.   What is domestic abuse?   The definition of domestic abuse is extensive. Nowadays, courts and divorce lawyers recognise that abuse in a relationship isn’t limited to physical assaults. Domestic abuse includes: Verbal and emotional abuse, such as belittling you or telling you that you are mentally unwell or not a fit parent. Financial control, such as withholding money from you, so you are reliant on your partner. Intimidation and mind games, such as telling you that they will kill themselves or leave their job, so you will end up with nothing but guilt if you leave. Exercising coercion and control, such as not letting you see your family or being unwilling to let you go out to work or to have a bank account. There are numerous examples of what amounts to abusive behaviour in a relationship. Sometimes it takes talking to a friend, counsellor or divorce solicitor about your relationship to recognise the behaviour for what it is and to start to acknowledge the physical and emotional impact of your partner’s abusive behaviour on you.   Leaving an abusive partner If you are contemplating leaving an abusive partner, the number one priority is to make sure that you are safe and are empowered to do so. It is stressful leaving any relationship, but if your partner is abusive, the physical departure can be a dangerous trigger point unless handled carefully. Just as importantly, if you have been in an abusive relationship for a long time, it can be easy to succumb to promises of change or being told that you can’t leave because you won’t be able to take the children with you, or you won’t get a penny. It can feel as if there is no escape from an abusive partner, but that isn’t the case. With emotional and legal support, you can leave an abusive partner safely and rebuild your life.   Getting help with an abusive partner When you live with an abusive partner, it is hard to reach out and ask for help. That can be down to feelings of embarrassment or because you love your partner and want to stay in the relationship, but want the abuse to stop. Divorce lawyers find it is often the case that those in abusive relationships are too frightened to speak out and ask for help, as they fear what will happen if they do. That is understandable, as the last thing that you or they want is for your situation to be any worse than it is. If you are worried about seeing a divorce solicitor, then you can come to a meeting to discuss leaving an abusive partner with a friend or member of your family. They can help give you the courage to go, but remember that whilst friends and family can offer emotional and practical support, the decision to leave must come from you. If you don’t have friends or family to support you (or would be worried about things getting back to your partner), many supportive organisations and charities are there to help with information and advice, as well as individuals, such as your GP or a counsellor, who can support you in your decision to leave your abusive partner. Call Evolve Family Law or complete our online enquiry form.   Divorcing an abusive partner You do not need to refer to your partner’s behaviour to obtain a divorce. With the introduction of no-fault divorce proceedings, all you need to do is file an application saying that you think the marriage has irretrievably broken down. Even if your spouse does not share your view, they cannot oppose your divorce application. In the divorce proceedings, you will need a divorce solicitor who can stand up to your partner, ensure that you and your children get the legal protection you need, and help you make your own decisions about what you want.   Children and leaving an abusive partner It isn’t unusual for divorce lawyers to be told that someone has stayed in an abusive relationship for years, for the sake of the children. That can be down to a whole variety of factors, such as: Your abusive partner has told you that they will get custody of the children, and they won’t let you see the children because they will turn the children against you. You think that you would have to leave the family home, and you are worried that this will affect the children. The children love their other parent, and you don’t want them to grow up in a single-parent family. The timing to separate isn’t right because of a child’s exams or the start of primary or secondary school. The research into children and separation and divorce shows that: Children are remarkably resilient. Often, children know when there is something wrong with their parents’ relationship. Although the children may not have seen any domestic violence or physical assaults, because you have protected them, they can still pick up on the vibe in the household and be emotionally affected by it. Children prefer to live in two households rather than have their parents living together in an abusive relationship with a toxic atmosphere.   Child arrangement orders when leaving an abusive partner It is natural to feel very anxious about childcare arrangements if you are planning to leave an abusive partner. The priority is to ensure that you and the children are safe from any domestic violence (or the children witnessing it), so injunction applications can be made to safeguard you and the children. In addition, you can apply for a child arrangements order. In an emergency, a child arrangements order can be made quickly to protect the children. A child arrangement order can: Say the children should live with you, on a short-term or long-term basis. Set out whether the children should see your partner, and if so, whether the contact visits should take place in a supervised setting (for example, at a contact centre or in the presence of a member of your family or a trusted friend) and spell out the safe handover and collection arrangements.   Abuse allegations and child arrangement order applications If you and your abusive partner need to go to court to sort out the child care arrangements, it is essential that: Your husband or wife’s abusive behaviour and its impact on you and the children is explained by your solicitor as part of the court process; and The court looks at whether a finding of fact hearing is needed to decide on the domestic abuse allegations before it makes orders under the Children Act. If a finding of abuse is made, then the court should only make a child arrangements order and contact with the abusive parent if the court believes that the physical and emotional safety of you and your children can be protected before, during and after the contact. Many divorcing partners are adamant that they want their children to see their other parent, even though there has been abuse within the relationship. That is because they want their children to have a relationship with both parents. If you are satisfied that the children will be safe during contact, then it is essential to ensure that you are also safe during the handover of the children for contact. For example, you may not want your abusive partner coming to the house to collect the children, but would prefer a neutral handover where there is less chance that your partner will ‘kick off’ or say anything that will upset the children.   You might also be interested in [related_posts]   Leaving an abusive partner and getting a financial settlement It is natural to worry that even if you are safely able to leave an abusive partner, they will make sure that you ‘end up with nothing’. Divorce solicitors are experts in making sure that not only are you protected from an abusive partner, but that you also receive a fair financial settlement and that you are not bullied or coerced into accepting less than you need or are entitled to. Your lawyer can either negotiate with your ex-partner or start financial court proceedings. Whether you negotiate or start court proceedings, the important thing is that you have a solicitor on your side, making sure: You have the information and financial disclosure orders necessary to make financial decisions. Any financial settlement is reality tested to make sure that the financial court order meets your needs and is capable of enforcement if your partner remains difficult and uncooperative.   Legal help with an abusive partner Abusive partners tend to be bullies and don’t want or like anyone standing up to them. Courts don’t like bullies, so whether you are being physically assaulted, emotionally abused or financially controlled, there is help available from divorce solicitors and the family court to: Protect you through the making of non-molestation and occupation injunction orders. Financially protect you through the making of child support, spousal maintenance, property and pension orders and orders to enforce compliance if your abusive partner won’t comply with court orders. Protect the family through child arrangement orders to ensure your children are safe.   Evolve Family Law solicitors are approachable and friendly. We provide the expert divorce, children and financial settlement advice that you need when you are separating from an abusive partner and need someone on your side.   Call Evolve Family Law or complete our online enquiry form.   Our latest blogs

If you are married to a narcissist, you may need specialist legal advice to sort out your separation and divorce. Otherwise, you may find that your needs or those of your children are not adequately addressed. At Evolve Family Law, our Northwest divorce solicitors are experts in advising in divorce, children and financial proceedings where one spouse has behaved unreasonably, is a narcissist or has a narcissistic personality disorder.   Call Evolve Family Law for specialist family law advice or complete our online enquiry form. Is my spouse a narcissist? In any blog on divorcing a narcissist, it is important to look at some of the essential traits of a narcissist to help you understand if your spouse has the personality characteristics of a narcissist. The Oxford dictionary defines a narcissist as a person who has an excessive interest in or admiration of themselves. Narcissists are said to have the following personality traits: A sense of self-importance. A sense of entitlement. Requiring praise and attention. Willing to exploit and use others without feeling a sense of guilt or shame. Able to demean and belittle other people without worrying about the impact of their behaviour on others. Able to live in their fantasy world where they are the centre of attention.   Do any of those traits sound like your husband or wife? If so, you may need help from a counsellor to talk through how you feel about remaining in the relationship. Our divorce lawyers can advise you on the likely legal implications if you decide to separate or, if you have decided to separate or divorce, apply for a no-fault divorce and help you reach a childcare arrangement and financial court order. Getting divorced from a narcissist Divorcing is stressful, even when it is amicable. However, when your husband or wife is a narcissist, it can feel as if there is no escape from your marriage. There is, but you will need support, both legal and emotional.   If you are married to someone who exhibits narcissistic traits or has a narcissistic personality disorder, then you need to accept that your husband or wife won’t think that they are at fault or that anything they do is wrong. It can, therefore, be futile to have direct discussions on the reasons behind why you think the relationship is at an end. If they are a narcissist, they won’t engage or accept any fault.   A narcissist will turn any discussion about your marriage and separation into a tirade on looking at the impact of what is happening on them, rather than the impact on you or the children. If you have the sort of personality that gets stressed or know you will end up too frazzled to deal with the separation if your spouse starts to belittle you, then it may be best to leave things in the hands of your divorce solicitor. A divorce lawyer who has experience with narcissistic personality disorders and divorce will have the strategies to sort out your separation and divorce.  Divorce proceedings and narcissists Getting divorced is now straightforward, as you do not need to blame your spouse, nor do they need to blame you. That’s because the UK government has introduced no-fault divorce.   In no-fault divorce proceedings, the applicant for a divorce must be able to say that, in their opinion, the marriage has irretrievably broken down. The applicant’s opinion is sufficient. There is no need for the other spouse to agree and no need to substantiate the claim that the marriage is at an end with examples of unreasonable behaviour.   When a narcissist thinks that they are not in control of a situation, they can try to stop you from doing what you plan. That is not possible with no-fault divorce proceedings, as the applicant can decide to start the divorce application, and the respondent only has very limited grounds to object to the divorce.  The grounds to object to the divorce are limited to areas such as: You are not legally married. The respondent has already initiated divorce proceedings in another country. The English court does not have the jurisdiction to grant a divorce as neither spouse is domiciled or habitually resident in England and Wales.   Although a spouse with a narcissistic personality disorder cannot stop you from getting divorced, they can make the process challenging. Their behaviour may deteriorate, and that can be a concern if you are still living together in the family home or trying to negotiate a financial settlement or parenting arrangements once you are living in separate households. You need a strong, no-nonsense solicitor on your side who won’t get caught up in your spouse’s tirades but instead will focus on your divorce and sorting out the arrangements for the children and the financial settlement. Getting help with a narcissist spouse When you are separating or getting divorced from a narcissist spouse, you need all the legal and emotional support you can get. Your friends and family may not realise what you have been through and are currently coping with. That is because your spouse may present a ‘front’ to the outside world where they appear charming and worried about you and your ‘breakdown.’   First and foremost, there is no point in challenging what your spouse is saying to friends and family. If you do, then it is only likely to fuel matters as your husband or wife won’t be able to see the error of their ways as they are only able to see things from their perspective. That can be very hard for you to cope with. That’s why seeing a counsellor or therapist can help you see the situation you are in for what it is, rather than accepting your spouse’s interpretation of events based on their fantasy world where you are the only one at fault. Divorce and the narcissist parent When you are divorcing a husband or wife with narcissist traits or who has a narcissistic personality disorder, it is easy to feel very guilty about your children and in a quandary about what to do about childcare arrangements. Whilst your spouse is only likely to be interested in themselves, they may ask the court to order that the children live with him or her as part of their mind control games or because they know their stance will frighten you.   Whilst it can be tempting to say that a parent with a narcissistic personality disorder should not have contact with their children after the separation or divorce, this may not be realistic. For example, older children may want ongoing contact with the other parent, or you may need help with childcare. What’s more, if you say that you do not want your child to have contact with the other parent, they may raise accusations of parental alienation even though all you are trying to do is to protect your child from a parent with a narcissistic personality disorder. If you and your spouse end up in court over the childcare arrangements, it is essential that: Your husband or wife’s narcissistic traits are outlined neutrally, and The impact of their behaviour on you and your children is fully explained. That is important because many of the behaviours of a narcissist amount to abuse, such as controlling or coercive behaviour.   In an application for a child arrangement order, the court must consider any allegations of domestic abuse carefully. Abuse includes emotional abuse or psychological abuse of you or the children. If a finding of abuse is made, then the court should only make a child arrangements order and contact with the narcissistic parent if the court is satisfied that the physical and emotional safety of the child and the parent with whom the child lives can, as far as possible, be secured before, during and after the contact. An experienced Cheshire divorce solicitor can put the case in children proceedings for expert reports on a parent with narcissistic personality disorder or narcissistic traits. A psychologist or other expert can be asked to report on either the parent or on the whole family and assess the impact of the narcissistic parent’s behaviour on you and the children. Many divorcing partners are wary about labelling a narcissistic parent an ‘abuser’, but it is essential to recognise that abuse isn’t just physical and the effects of coercive and controlling behaviour can be insidious on you and your children. A specialist divorce lawyer can help you recognise that and work out childcare arrangements that best protect your children, or can robustly represent you in court proceedings.   You might also be interested in [related_posts] How to get a financial settlement from a narcissist Usually, a finance solicitor will recommend that they negotiate with your spouse to reach a financial settlement or provide legal advice to you between family mediation sessions. If your spouse is a narcissist or has a narcissistic personality disorder, then the advice may be different. That’s because it can be impossible to negotiate with a narcissist, as they always think they are right and can’t see anyone else’s point of view, other than their own. To the narcissist, it is all about their financial wants and needs and not yours or the children’s needs.   If you start financial court proceedings, there is a court timetable put in place so your spouse can’t delay or prevaricate, and the judge can ultimately decide on what financial orders are made. No one likes to think that a judge will take control of the family finances and make a financial court order deciding whether, for example, the family home should be sold or if you should get a share of the pension or the family business. However, when you are dealing with a narcissist, there may be little alternative as your spouse won’t be prepared to compromise.   You may think that you know your spouse and that even if the family judge makes an order to transfer the family home into your sole name, your spouse will not sign the paperwork to do so. The court is used to dealing with spouses who won’t cooperate. If necessary, the judge can sign the property paperwork on behalf of your spouse. The court also has the power to make financial disclosure orders and to draw adverse inferences if your spouse won’t accept the authority of the court.   Narcissistic spouses like to think that they are very powerful, during the relationship and the divorce, children and financial proceedings. That is why it is so important that you choose a divorce solicitor who won’t be intimidated or fazed by your spouse’s behaviour. Instead, your divorce solicitor will focus on securing your divorce and obtaining children and financial court orders that best meet yours and your children’s needs.   Evolve Family Law solicitors are approachable and friendly, providing expert divorce, children and financial settlement advice with experience in handling divorces where a spouse has a narcissistic personality disorder. Contact us today and let us help you Our latest blogs

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

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

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