Can I Contest a Divorce in the UK?
If divorce proceedings are started against you in England then you can contest the divorce. However, our Manchester divorce solicitors say that there are two points to consider when deciding whether to contest a divorce. First, even though you may want to contest the divorce, it isn’t always the best option. Second, the government is bringing in divorce reforms and that means in autumn 2021 the grounds for divorce proceedings will change and you will no longer be able to contest divorce proceedings. In this blog we look at how you can currently contest divorce proceedings and the planned change in divorce law.
Contesting Divorce Proceedings
If you receive a divorce petition in the post your immediate reaction may be to tell your husband or wife that you will be contesting the divorce proceedings. That is an understandable reaction if you are upset or angry about the separation or if you are hurt by the contents of the divorce petition. However, if you want to contest divorce proceedings it is best to take urgent legal advice from a specialist divorce solicitor because:
Court rules impose a time limit within which you have to complete a form saying whether you are going to contest the divorce proceedings or not
Instead of contesting the divorce you may find that it is a better option to get your husband or wife to amend the contents of their divorce petition
If you are worried that the allegations in the divorce petition will affect your child arrangements order application or your financial settlement proceedings then you can agree that whilst you won't defend the divorce proceedings you don’t accept the truth of the allegations contained in the divorce petition and that you will defend the allegations if they are raised in either the children or financial court proceedings
The divorce petition may include a claim that you pay your husband or wife's costs in connection with the divorce. This cost claim doesn’t cover any legal advice received by your husband or wife in relation to financial or children law aspects of your separation. If you negotiate you can either agree to each pay your own divorce proceedings costs or to pay a fixed contribution or an agreed amount in divorce costs.
If your divorce solicitor doesn’t recommend that you contest the divorce proceedings it isn’t because they think that the allegations in the divorce petition are true or that you won't win but because they will be concerned that:
The money spent in legal fees in contesting the divorce proceedings might be better spent on other legal expenses (such as the priority of getting the child arrangements order you want or the best financial settlement for you) or in paying for a holiday or other item for you
Even if you successfully contest the divorce proceedings your husband or wife could issue new divorce proceedings in autumn 2021 and you won't be able to contest those divorce proceedings. All you may have achieved is a delay in the divorce or a divorce on different grounds. This may be worth the legal costs of contested divorce proceedings to you but specialist Manchester divorce solicitors will want to flag up the issues and your alternative options and advise on if delay is in your best financial interests.
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The current divorce law
At present, if a husband or wife wants to get divorced the petitioner applying for the divorce has to show that the marriage has irretrievably broken down because of one of five facts:
Adultery or
Unreasonable behaviour or
Two years separation with the consent of a husband or wife or
Five years separation or
Desertion.
If you are being accused of adultery or unreasonable behaviour it is natural to want to contest the divorce proceedings. You can do so either because:
You agree that the marriage has broken down irretrievably but you don’t accept the adultery or unreasonable behaviour allegations or
You don’t accept that your marriage has irretrievably broken down.
When deciding whether or not to contest divorce proceedings it helps to know that if adultery is alleged in a divorce petition the adultery doesn’t have to be the cause of the marriage breakdown and it could have occurred many years after the separation took place.
What is the contested divorce process?
The process of getting divorced is similar whether it is an agreed divorce or a contested divorce. If your divorce is agreed then you won't need to attend a court hearing in connection with your divorce and you will only have to go to court if you need a child arrangements order or a financial court order. If you can agree the child care arrangements and the financial settlement you probably won't need to go to court at all as the court can be asked to approve an agreed financial consent order without the need for a court hearing.
The main differences between agreed and contested divorces are:
In a contested divorce you will need to attend court and at the final hearing of the divorce proceedings you will need to give evidence
In a contested divorce the divorce case will take a lot longer to determine. An agreed divorce can be achieved in about four to five months. A contested divorce will take a lot longer because of the need to obtain court hearings and limited court hearing availability
A contested divorce will cost a lot more in legal fees and if you lose the case you may be ordered to pay your husband or wife's divorce costs. Those costs night be the same amount or more than your own divorce costs.
The contested divorce process involves:
The husband or wife who starts the divorce proceedings (the petitioner) sending a divorce petition and other documents to court
The divorce court issuing the divorce proceedings and sending a copy of the divorce petition to you (the respondent)
You filling in an acknowledgement form stating that you want to contest the divorce proceedings. There is a time limit to complete this form
You filing a document (called an answer) saying why you oppose a divorce. There is a time limit to file the answer
The petitioner can then chose to submit a document called a response to your answer
The divorce court lists the divorce proceedings for a directions hearing to decide what orders are needed so that the contested divorce proceedings can be listed for a final hearing
At the final hearing of the contested divorce, the judge decides if the petitioner is entitled to a divorce. If so, the decree nisi of divorce is pronounced. The decree nisi does not finalise the divorce proceedings as you have to wait for the decree absolute of divorce for the divorce to be made final
Just over six weeks from the date of the decree nisi the petitioner can apply for decree absolute of divorce to end the marriage.
Remember that because of the change in divorce law all you are doing by contesting the divorce proceedings is delaying the divorce as eventually the petitioner will be able to secure a divorce under the new divorce law. In addition a divorce lawyer may recommend that it is in your best financial interests to go ahead with a divorce as quickly as you can because it isn’t until the decree nisi of divorce that the court can make a financial court order, either by agreement or after a contested court hearing. In some family scenarios the timing of the financial court order can be crucial and affect the size of your financial settlement.
What is no fault divorce?
The government has brought in new divorce law for no fault or no blame divorce proceedings. Divorce solicitors say that this has led to an increase in enquiries about contesting divorce proceedings now as people think that they might be better off forcing their husband or wife to wait until about autumn 2021 when they can start no fault divorce proceedings. Often that isn’t the case.
In summary the no fault divorce proceedings mean that:
A husband or wife can decide to start the divorce proceedings jointly or, if they prefer, one of them can commence the divorce proceedings
In a no fault divorce you can't contest the divorce proceedings
Instead of having to prove adultery, unreasonable behaviour or separation to get your divorce all a petitioner needs to show is that the marriage has irretrievably broken down by providing a statement of irretrievable breakdown
A no fault divorce will take a minimum time of six months from the start of the divorce petition to the decree absolute of divorce. This six month period isn’t because of court delays but to allow time for reflection before the decree absolute of divorce is pronounced.
Manchester divorce solicitors say that most couples, under the current divorce law, are able to avoid contested divorce proceedings after taking specialist legal advice on their options and the implications of contesting the divorce, leaving the couple to focus on resolving child custody and contact and their financial settlement and financial court order.
Manchester and Cheshire Divorce Solicitors
Manchester and Cheshire based Evolve Family Law solicitors specialise in divorce proceedings, children law and financial settlements. If you need advice about contested divorce proceedings or on any other aspect of family law call us or complete our online enquiry form.
Our offices in Holmes Chapel, Cheshire and Whitefield, Manchester are open with social distances measures in place for face to face meetings, however an appointment is required. We also offer remote meetings by appointment by video call or telephone for those who prefer not to travel.
Robin Charrot
Oct 26, 2020
Can You Adopt an Adult?
Families come in all different shapes and sizes and don’t just comprise the standard mum, dad and 2.4 children. Many of us joke that we would like to adopt a neighbour as a grandparent but in some families there is a real desire to adopt an adult, often because a step-parent wants to formally recognise their adult step-child or a parent wants to offer a home to a young adult following the death of the child’s parents or their alienation from their biological parents. In this blog we look at whether you can adopt an adult.
Can you adopt an adult in the UK?
Under UK law you can't adopt an adult, whatever the motivation for your desire to adopt. UK adoption law says that the child who is the subject of the adoption application must be:
Under the age of eighteen at the time that the adoption order application is made and
Unmarried and not in a civil partnership (and never been in such a relationship).
Sometimes people want to adopt a teenage relative from overseas or a young adult, thinking that adoption is a way of uniting the family in the UK. Adoption of a child nearing the age of eighteen is technically possible but adoption solicitors recommend that specialist immigration law advice is taken before you proceed.
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What are the alternatives if you can't adopt an adult?
As UK adoption law says that you can't adopt anyone over the age of eighteen what are the alternatives to the making of an adoption order?
Some relatives of young people assume that they will be able to apply to the family court for a child arrangements order as an adoption order isn’t an option. However, UK children law says that a child arrangements order expires when a child reaches the age of eighteen and that an application for a child arrangements order should only be made in exceptional circumstances where a child is aged between sixteen and eighteen at the time of the court application.
If children court orders aren’t the solution then practical options include:
If having the same surname is important to both of you, the person you would like to adopt can change their name to your family name by deed poll
You can financially protect the person that you would like to adopt by making a Will and leaving a legacy or share of your estate to them. If you do not make a Will then they won't be entitled to receive anything from your estate under intestacy rules if they are not closely biologically related to you and they haven’t been adopted by you
If the person you wanted to adopt wants to look after you then you can appoint them as an attorney in your Lasting Power of Attorney
If the person you would like to adopt doesn’t have capacity to make their own decisions (for example because of physical or mental impairment) you can ask the high court to make a declaratory order setting out with whom the person should live and have contact with. The high court only has the power to make this type of declaratory order in relation to an adult over the age of eighteen if the adult doesn’t have the capacity to make his or her own decisions.
If you would like to adopt an adult but realise that isn’t an option under UK law the best thing that you can do for the adult that you would like to adopt is to put your affairs in order and make sure that your paperwork, such as your Will and Lasting Power of Attorney , accurately reflects your wishes. Sadly, if you don’t sort out your Will and any associated paperwork the likelihood is that not only will you not be able to adopt your adult loved one but they may not benefit from your estate if you pass away. Preparation and paperwork is therefore essential to protect your loved ones.
How can Evolve Family Law adoption solicitors help?
At Evolve Family Law our specialist children and adoption solicitors can answer your questions about children and adoption law and help you with all your private client and Will needs. Call us or complete our online enquiry form . We can set up a meeting, video conference, skype or telephone appointment with one of our specialist solicitors.
Louise Halford
Oct 08, 2020
What is Coercive Control and Behaviour?
The law allows you to apply for a family law injunction order if you have experienced coercive control and behaviour. In this blog, our family law solicitors look at what is meant by coercive control and behaviour.
If you need family law advice, contact Evolve Family Law.
What is coercive control and behaviour?
Coercive behaviour is:
Any act designed to force or coerce you into doing something against your will,
An act that is intended to harm or intimidate you.
Acts can include physical threats as well as other forms of humiliation or words said by your partner that make you feel as if you are no longer in control of your life or actions.
The law on coercive behaviour
The law says coercive and controlling behaviour is an act designed to make you feel subordinate or dependent on your partner. This could involve:
Isolation from friends and family.
Preventing independent acts or thoughts.
Regulation of behaviour.
Examples of coercive control and behaviour
Here are some examples of real-life coercive behaviour:
Controlling what you eat and weigh (you may be told that this is for ‘your own good’, but it is still coercive and controlling behaviour).
Stopping you from having a shower or bath at times other than stipulated.
Preventing you from leaving the family home on your own or stopping you from seeing your friends and family.
Restricting your access to money so you only get an allowance to buy food and must account for any money spent by you.
Telling you that you can’t pick up the baby or play with the children other than at times allowed.
Telling you that you can’t go online or monitoring your computer and telephone usage.
Dictating what clothes you should wear (either too modest or too flamboyant for your taste) or saying what make-up you can wear (if any).
Coercive control can occur remotely. Some of the most intimidating coercive behaviour can be carried out by bombarding someone with text messages and phone calls, or remote spying activities.
Coercive control and who it affects
Coercion and control does not just affect women in heterosexual relationships. Women can also coerce and control their male partners or husbands. Coercion and control also occur in same sex relationships.
If something amounts to coercive and controlling behaviour, then it doesn’t matter if you are married, in a civil partnership or cohabiting and living together. It is the act or behaviour that is important rather than the legal status of your family relationship.
If a partner is controlling, their behaviour may also affect the children. For example, they may not give the children appropriate freedoms for their age, or the children may be emotionally affected by witnessing the coercive control exercised by one parent over the other.
Recognising Coercive Behaviour
Coercive and controlling behaviour can be insidious and hard for you or your friends and family to spot. That is because the coercion can be subtle or the degree of control can grow slowly over time, so you don’t recognise it for what it is. For example, getting you to agree that it is too much hassle to see your mother every week, to eventually telling you who you can and can’t see.
When you are in a relationship, or you are a close friend or family member, it can be hard to spot or recognise coercive behaviour, often because it is dressed up as ‘only wanting to do what is best’ or because it is said you are so stupid or mentally unwell that your partner or husband or wife knows what is best for you.
What one person would describe as coercive and controlling behaviour may be the normal experience of a husband, wife or partner who is so used to such controlling behaviour that they have become immune to it and adapted their life and thought processes around their partner’s behaviour so as not to upset them or to fit in.
It is often only when you see your husband, wife, or partner starting to exercise the same coercive behaviour on your child, and you see the impact of that behaviour on your child’s demeanour and personality, that you realise that you have got to do something. In other families, it takes a close friend or family member to point out that what your partner sees as loving behaviour is stifling you and is coercive behaviour.
In the past, you could only get a judge to make a family law injunction order if there had been domestic violence involving a trip to the hospital or doctor. Those days are long gone, with family judges realising that any form of domestic violence, from serious sexual assault to a slap or a push or coercion, is unacceptable.
What can I do about coercive behaviour in my relationship?
If you are being subjected to coercion and control in your relationship, you can:
Try to get your partner to see their behaviour for what it is and to change. This may involve counselling to get to the root cause of the coercive behaviour. In some family situations, the nature of the coercive control is such that it is not safe or healthy for you to stay in the relationship. Counselling and trying to stay together may not be a realistic option, as you need to leave the family home and separate permanently.
Separate and start divorce proceedings. You can initiate no-fault divorce proceedings without needing to mention the behaviour in the divorce application. It is still important to tell your divorce solicitor about the behaviour. They can talk to you about your injunction options.
Separate and start injunction proceedings. The family court makes an injunction order. The court can either make a non-molestation or an occupation order to protect you and your children
Make a complaint to the police. The Serious Crime Act 2015 created a new criminal offence of controlling or coercive behaviour in an intimate or familial relationship. If your partner is found guilty, then in a serious case of coercive behaviour, they could be sent to prison for up to five years.
What is a non-molestation order?
A non-molestation injunction order is a family court order that stops the person who is behaving in a coercive or controlling manner towards you or your child from continuing to do so.
What is an occupation order?
An occupation injunction order is a family court order that prevents the person behaving in a coercive or controlling manner towards you or your child from continuing to live at the family home or from re-entering it, or restricts your partner or spouse from certain rooms in the family home.
Breaching an injunction order
If your partner or spouse breaches a family court injunction order, it constitutes contempt of court and a criminal offence.
You might also be interested in
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Talking to your divorce and family law solicitor about coercive behaviour
If you take the step of deciding to speak to a divorce solicitor about your marriage or relationship, it is essential to tell them about the coercive control. Many people are too embarrassed to talk about their partner or spouse’s behaviour, or they decide that their partner’s behaviour isn’t relevant because they don’t want to apply for an injunction order.
Even if you don’t want your divorce solicitor to act on the coercive behaviour information and apply for an injunction, it is still important to tell them about it so that they understand why you may have concerns about your children having contact and why you want a child arrangements order or why you may want a financial settlement that includes a clean break financial court order.
How Evolve Family Law can help you
The family law solicitors at Evolve Family Law will support you during your relationship breakdown and help you find the best long-term family solutions for you and your family. Our family lawyers are approachable and friendly, providing expert divorce, children and financial settlement advice, with experience in advising on separations or divorces where a partner has been abusive or is narcissistic and controlling.
Contact Evolve Family Law Today for Expert Family Law Advice.
Louise Halford
Oct 03, 2020
How Much Does it Cost to go to Court for Child Custody in the UK?
We all know that we can't put a price on our children and their happiness but before you instruct a children and family law solicitor to go to court for a child arrangements order it is understandable that you want to know the answer to the question ‘’How much does it cost to go to court for child custody UK?’’ In this blog we look at UK child custody cases and legal fees.
How much does it cost to go to court for child custody?
At Evolve Family Law when a parent asks us how much it will cost to go to court for a child custody order we take a step back and ask the right questions to make sure that court proceedings are necessary as we don’t believe that there is any point in spending money on child custody legal fees if you don’t need to do so.
For example, sometimes alternative options are both cheaper and quicker than a child custody application, such as a strongly worded solicitor’s letter, legal support and family mediation or counselling. In other family scenarios, a court application for a child arrangements order may not be justified if your child is nearly sixteen or if the child custody arrangements are currently agreed but you want a child custody or contact order ‘’just in case’’.
You may question why at Evolve Family Law we won't push or encourage you to start child custody proceedings if we don’t think that is the best option for you and your child. We won't advise you to start child custody proceedings if we think there is a better or more effective solution even though we lose out in legal fees. That’s because we are committed to listening to you and to why you want to apply for child custody orders whilst at the same time being transparent about legal fees and whether we think the costs are necessary or justified.
Evolve Family Law were one of the first firms of solicitors to publish their fees online as we believe that it is important to be transparent and upfront about legal fees so you know what to expect and to help you budget for costs. The Evolve Family Law price guide can be accessed here.
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Fixed fees and child custody applications
As Cheshire and North Manchester children solicitors we are often asked why fixed fees are offered for divorce proceedings or for the drafting of a financial court order as part of a divorce financial settlement but not for an application for a child arrangements order or for a child custody application.
Whilst we publish hourly rates for our specialist children lawyers and support staff, we encourage you to call us to discuss potential costs of going to court for child custody. That’s because , unlike with divorce proceedings or drafting a financial court order, there are so many variables that we need to speak to you about your planned application and family circumstances before we can give you realistic cost information.
In some situations the cost of a solicitor letter, legal support during family mediation or even going to court for a child arrangements order may be less than you might think but in other scenarios the costs may be a lot higher and the ethos at Evolve Family Law is to explain about the potential court complexities and child custody court costs from the outset.
Our children lawyers are asked what makes a child custody case complex. Here are some examples of complicated child arrangements order applications:
Serious allegations of physical, emotional or sexual abuse that will require significant investigation, the potential instruction of child experts, and a series of court hearings including what is referred to as a ‘’finding of fact hearing’’ for the family law judge to determine and make findings on the allegations of abuse. There may then be a second substantive hearing , referred to as a ‘’welfare hearing’’ , for the family law judge to determine what child arrangements order should be made
Family situations involving parental alienation where one parent is wholly opposed to the children having contact with the other parent or where there has been a long history of previous proceedings and failure to comply with court orders
Allegations of domestic violence against a parent and the parent who is alleging that domestic abuse has taken place maintains that it isn’t safe for the children to see or live with their other parent. In some court proceedings involving serious allegations of domestic violence a judge may order a finding of fact hearing
Contested jurisdiction where one parent maintains that the children are not habitually resident in the UK and the proceedings should take place overseas or where there are allegations of parental child abduction of the children to the UK
Children cases where there are special circumstances such as a local authority or extended family members (such as grandparents) intervening in the court proceedings.
The list above isn’t exhaustive but just sets out some examples of how some child custody cases can be a lot more complicated and involve court appointed experts and a series of directions and substantive court hearings. In other family scenarios, you may be able to reach an agreement over child custody and contact arrangement at the first or second hearing of your court application, without the need to prepare statements, instruct experts or attend a contested court hearing.
How can Evolve Family Law help?
As every family is different, at Evolve Family Law we welcome calls to discuss the potential legal costs of going to court for a child custody order. Call us or complete our online enquiry form . We can also set up a video conference, skype or telephone appointments.
Louise Halford
Oct 02, 2020
Look North West for Your Divorce, Family Law and Private Client Needs
As divorce and family law solicitors based in Holmes Chapel, Cheshire and Whitefield, North Manchester, the latest research from the Legal Services Board was of particular interest to the Evolve Family Law divorce team. At Evolve Family Law we have long thought that ‘‘North is best’’ and the official research seems to agree with us. In this blog we look at the latest Legal Services Board research findings and what they mean for those of you needing divorce, family law or private client help.
Divorce and family law fees
Research published by the UK Legal Services Board on the cost of divorce and Wills has confirmed what many Manchester and Cheshire solicitors thought, namely that legal advice is generally twenty percent cheaper in the north of England compared to legal fees in the south of England. The official research has revealed that divorce firms based in London are on average a third more expensive than those based outside London.
Manchester divorce solicitors say that the Legal Services Board research has confirmed that there really is a north-south divide when it comes to legal fees. Some may question the quality of what you get ‘’up north’’ or think that the mantra that ‘’you get what you pay for’’ must be right but the Legal Services Board research does not indicate that there is any difference in the quality of the family law legal advice that you receive depending on the location or postcode of your divorce and family law solicitor.
Divorce and fixed fees
It is always hard to judge if you are getting value for money with a fixed fee divorce or family law or Will package. However, the Legal Services Board research reveals that divorce law firms who offer fixed prices are on average over a third cheaper than those law firms where estimates of costs are given.
At Evolve Family Law we are committed to transparency on costs and providing as much information online about our fixed fees and pricing. Our cost guide can be accessed here. We also welcome calls to discuss potential legal fees.
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Should I shop around for a divorce solicitor?
The Legal Services Board advises that those with a legal problem shop around and check out potential legal fees. According to the LSB only a fifth of those needing legal advice currently look around and check out fees before committing to instructing a solicitor.
The chair of the Legal Services Board, Dr Helen Phillips has stated:
‘‘Whether buying a home, getting divorced, or making a will, we encourage people to shop around to find a good value deal that meets their needs. Unless they shop around, people risk paying far more than they need to. Where people don’t feel they need to deal with a lawyer face to face, they could make considerable savings by using providers in parts of the country where prices are cheaper.’’
The legal advice price research was commissioned jointly by the Legal Services Board, the Competition and Markets Authority and the Ministry of Justice. The research involved interviewing 1,500 legal businesses in England and Wales and included a spread of legal firms across different types of legal provider and in different locations across the country.
Is a good divorce solicitor all about price?
At Evolve Family Law, whilst we believe in transparency on legal costs and fixed fees, we also recognise that choosing a divorce solicitor or a Will or probate solicitor isn’t just about the legal fees. You need to be able to feel confident that your solicitor will listen to you and will offer you the guidance you need so you can make informed choices, whether that is about a child arrangements order application for your children or a divorce financial settlement.
Evolve Family Law recommend that in addition to looking at online information about price structures that you speak to a solicitor to make sure that you can form a trusting relationship and work together. Don’t worry about distances as divorce, Will and probate solicitors offer appointments by video conferencing, Skype or by telephone appointment. Most family law clients say that speaking to their chosen divorce solicitor in the comfort of their home is more relaxing, and according to the latest Legal Services Board research, it could also result in you achieving considerable savings in legal fees.
How can Evolve Family Law solicitors help you?
For legal help with any aspect of family or private client law, from divorce and separation advice to child arrangements order applications or representation in financial settlement and financial court order proceedings, negotiating a prenuptial agreement or the preparation of your Will or Lasting Power of Attorney call Evolve Family Law or complete our online enquiry form to set up a meeting, video conference or telephone appointment.
Robin Charrot
Sep 28, 2020
What is Emotional Labour in Marriage and Divorce?
The Sunday Times recently ran a piece on ‘emotional labour’ and here at Evolve Family Law that sparked a debate about what emotional labour is and to what extent it plays a part in UK divorce proceedings. If you aren’t sure what emotional labour is and how it could affect your divorce proceedings then read on.
What is Emotional Labour?
Apparently the term ’emotional labour’ first began to be used back in 1983 to describe repressed feelings and emotions at work. Whilst we may not have head of the term we have all bitten back a sharp comment or retort to a work colleague at one point or other, knowing that a sarcastic reply won't help with the need to work together. Fast forward to 2020, and the term emotional labour is now being used in the home environment. I am sure all of you will have suppressed your first thoughts and replies when asked about whether you want the bins taken out, the dishwasher emptied or what time the meal will be ready for as your other half has plans for the evening (that don’t include you).
Emotional labour isn’t just about suppressing your first response to your partner when asked if you want the dishwasher emptied when there are no clean cups or plates in the cupboard and you have just come off a ten hour shift with your other half and the children looking expectantly for their evening meal. It is also about all the other things in a relationship that can quietly drive you crazy as you feel obliged to hide your true feelings for the sake of your partner’s feelings and/or the children’s feelings. Examples include:
Having to have the mother in law to Sunday dinner each week when she clearly can't stand you and never reciprocates with an invitation back
Always having to select the children’s birthday presents but not say anything when the children assume that the present was chosen jointly
Taking sole responsibility for taking the children to rugby practice when you can't stand sport or the biting wind, and would also much prefer a Sunday lie in (like your partner) having worked hard all week and not being the parent who’d encouraged the child to try for a place in the rugby team in the first place.
Do any of those examples ring true in your relationship? Our Manchester divorce solicitors say that it is often only when the decision to separate has been made that either a husband or wife will realise and acknowledge that they are doing the work of two people in the relationship.
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Does Emotional Labour Lead to Divorce Proceedings?
Whilst you don’t currently hear husband or wife's saying that they are getting divorced because of ‘emotional labour’, it is undoubtedly the case that emotional labour is behind some marriage breakdowns and the commencement of divorce proceedings based on the unreasonable behaviour of either a husband or wife.
Can anything be done to stop emotional labour and the breakdown of a marriage? Divorce lawyers are positive that in the right scenario there is help available such as:
Family or couple therapy to discuss how you feel and the need for change
Individual therapy to help you accept your husband or wife's behaviour and the fact that they aren’t likely to change
Professional help to ease the load on one partner in the relationship, whether that is a housekeeper, cleaner or au-pair.
If you can't stop the emotional labour (and can't live with it) then it may prompt divorce proceedings. The divorce proceedings could be based on your partner’s unreasonable behaviour as, in 2020, it is clear that a relationship needs to be if not an equal division of work and home labour then at least a fair one so one partner doesn’t feel they are hard done by and has to suppress emotional labour as that isn’t healthy for the individual and will eventually lead to the start of divorce proceedings unless the problem can be acknowledged and change occurs.
At Evolve Family Law we are grateful to the Sunday Times for giving a name to ‘emotional labour’, something that we are all aware of and with an understanding of just how pernicious the problem can be when you are caught up in a long standing relationship where one partner’s feelings and emotions just don’t count.
Online and Manchester and Cheshire Divorce Solicitors
Manchester and Cheshire based Evolve Family Law solicitors specialise in family law and divorce proceedings. If you need legal help with family law, from divorce to your financial settlement or childcare arrangements, call Evolve Family Law or complete our online enquiry form to set up a meeting, video conference or telephone appointment.
Louise Halford
Sep 07, 2020
Should I Divorce in England or Scotland?
You may think that when it comes to getting divorced and sorting out a financial settlement you don’t get a choice about where to start court proceedings. Our Manchester divorce solicitors will tell you that isn’t necessarily right and that when it comes to choosing your divorce forum it is best to get expert legal advice to make sure that you make the decision that is right for you. In this blog we look at the recently reported case of Mr and Mrs Villiers that highlights how a short geographical distance can make an enormous difference to the size of your financial settlement.
The Case of Mr and Mrs Villiers
One of the things that the Villiers case reminds divorce solicitors about is that divorce forum shopping doesn’t have to involve international families. That is because the disputed jurisdiction was between England and Scotland.
Charles Villiers asked the English Supreme Court to rule that his wife’s spousal maintenance claim should be decided in Scotland because he had started his divorce proceedings there.
In 2014 Mr Villiers filed for divorce from his wife, Emma in Scotland. During the eighteen year marriage the couple lived near Dumbarton in Scotland. When the marriage broke down Emma Villiers moved to London and started a new life there. In 2015 Emma Villiers applied to an English court under section 27 of the Matrimonial Causes Act 1973 for spousal maintenance. The English court ruled that she was habitually resident in England at the time of her application and so was entitled to ask the English court to rule on the amount of spousal maintenance. Mr Villiers disagreed and he therefore appealed the jurisdiction decision. His appeal eventually arrived at the Supreme Court.
The Supreme Court ruled, by a majority decision of three to two, that Emma Villiers could pursue her spousal maintenance claim in England.
You may question why time and legal fees were spent on arguing on court jurisdiction when Scotland and England are both part of the UK and not a million miles apart.
The cost of the court proceedings makes sense in the financial context that family courts in Scotland only tend to order payment of spousal maintenance for three years. Manchester divorce solicitors say that the Scottish position is sharply contrasted to the position in England where, in an appropriate case, a family judge can order spousal maintenance for life. Spousal maintenance for life means that the spousal maintenance payments won't stop until:
The payer dies – however the spouse receiving the spousal maintenance payments can make a claim against the estate if financial provision isn’t made under the terms of the Will or through an insurance policy
The payee dies
The payee remarries
The court makes an order to stop payment of spousal maintenance – for example, if the spouse receiving the spousal maintenance is in a long term cohabiting relationship or wins the lottery.
Court jurisdiction makes a big difference when the monthly spousal maintenance payments amounts to £5,500 per month on an interim basis. Furthermore, Mrs Villiers is asking the court to award her spousal maintenance of £10,000 per month based on the lifestyle enjoyed by the family during the marriage and her husband's wealth, although the extent of his wealth and the relevance of family trusts is disputed by him.
Doing the calculations, maintenance at £10,000 per month for three years amounts to £360,000 using Scottish law spousal maintenance principles but if sixty one year old Emma Villiers succeeds in her argument for life time spousal maintenance using English spousal maintenance principles then the figure could be far higher.
Mr Villiers said that his wife's actions in starting court proceedings in England amounted to ‘'divorce tourism'’ but the Supreme Court has ruled against him this week and therefore the spousal maintenance court proceedings will take place in England.
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The Supreme Court decided that the English court has jurisdiction to hear the wife's spousal maintenance application because the divorce proceedings in Scotland are not what it called a ‘‘related action’’ under article 13 of the Maintenance Regulations. Not all of the Supreme Court judges agreed with the decision but the lead judge said that as Emma Villiers is habitually resident in England the court in England can decide the issue of spousal maintenance.
The decision is being seen by many as a charter for divorce shopping to ensure that a husband or wife gets the optimum financial settlement through their choice of court jurisdiction to hear the divorce or associated financial proceedings.
England is known for its generous financial provision for the spouse who is in a weaker financial position and the decision in the case of Mr and Mrs Villiers will reinforce that view amongst international divorce solicitors.
If there is potentially more than one court jurisdiction for your divorce and financial court proceedings then it is best to take early legal advice from an expert Manchester divorce and financial settlement solicitor to make sure that you achieve a financial settlement that best meets your needs.
Our Manchester Divorce Solicitors
For specialist divorce and financial settlement legal advice call Whitefield, North Manchester and Cheshire based Evolve Family Law or complete our online enquiry form. We offer family law consultations by face to face appointment, video conferencing, Skype or by telephone appointment.
Robin Charrot
Jul 13, 2020
Divorce, Mental Health & Lockdown
There has been a lot of coverage in the newspapers on the topic of mental health and how Covid-19 and the lockdown has affected us all; whether that’s physically, mentally or financially. What is clear is that divorce solicitors have seen a rise in enquiries about divorce proceedings following the end of the Covid-19 lockdown citing mental health issues as the reason for the decision to separate. In this blog, we look at the complex topic of divorce and mental health.
For expert family law advice call our team or complete our online enquiry form.
Covid-19, Mental Health and Divorce
None of us ever envisaged having to go into lockdown to fight an invisible but pernicious enemy or realised how hard it could be on our own physical or mental health or that of our friends and family. Most of now have a greater appreciation of the phrase ‘’stir crazy’’ than we did before March 2020.
Now that we are out of lockdown and restrictions are being eased many of us are taking the opportunity to re-evaluate our lives and look afresh at what is really important to us and to our family. For some, problems in relationships that existed prior to the global pandemic, have become more apparent during the confinement of lockdown and hence the rise in divorce enquiries seen by Whitefield divorce solicitors.
Many husbands and wives are citing mental health issues (either on their part or their husband, wife or civil partner) when explaining the decision to separate. Divorce solicitors would be the first to say that they aren’t doctors and that divorce should not be seen as either the first or the easy option. That is why Whitefield divorce solicitors recommend looking at whether mental health issues can be addressed before you take the decision to separate. For example, if a spouse is able to recognise that their mental health is affecting the marriage or their spouse’s health and take the decision to get treatment, comply with a medication regime or engage in either couple or individual counselling.
In some cases, the lockdown has just confirmed what people already knew; that their relationship was in trouble and that counselling would not help save the marriage. Counselling, on either an individual or joint basis, can still play a very helpful role in some families by assisting you to come to terms with the separation and move on with your lives.
Manchester divorce solicitors are asked many questions about mental health and divorce and here are some answers to the frequently asked questions. We have used husband and wife in the questions but these are interchangeable as mental health affects everyone.
Can I get divorced if my husband is mentally unwell?
You can get divorced if your husband or wife is mentally unwell. Many people who experience mental health problems are able to engage in court proceedings, hold down a job, parent their children and manage their personal and financial affairs on a day-to-day basis.
However, if the mental health problems are such that your husband or wife is seriously ill (either temporarily or on a permanent basis) and does not have the capacity to take part in divorce proceedings then a person (called a litigation friend) can be appointed to act in their best interests. This makes the divorce proceedings a bit more complicated but you can still start and finalise divorce proceedings even if your husband or wife’s mental health is such that they are not well enough to take part in the court case. The decision on whether a spouse is able to take part in divorce court proceedings is made by the medical profession and court after an assessment of capacity.
Can I stop contact because of the dad’s mental health?
If either parent has mental health problems this isn’t a bar to contact or child custody. If one parent is worried about the behaviour of the other parent and thinks that the behaviour stems from their mental health issues, the best solution is to try to get medical and professional help. If that doesn’t work, or your husband or wife refuses to accept that they have a problem or won’t acknowledge the impact of their behaviour on the children, then you can apply to the court for a child arrangements order.
A child arrangements order sets out which parent a child should live with and how much contact should take place with the other parent. When deciding on whether to make a child arrangements order and the exact child custody and contact arrangements a family judge will decide what he or she believes is in the best interests of the child after assessing a range of factors, referred to as the ‘’welfare checklist’’.
One of the factors in the welfare checklist is ‘’how capable each parent is of meeting the child’s needs’’. A child’s needs don’t just mean food on the table and being sent to school but how a parent can meet a child’s emotional needs. A parent doesn’t need to be ‘’perfect’’ to parent a child or to have contact with them but they do need to be able to protect them, both physically and emotionally.
Decisions on custody and contact are also influenced by the age of a child and their wishes. For example, a teenage child may be used to caring for a parent who is unwell and if contact were to stop the child would be anxious and more distressed than not seeing their mother or father, even if the parent is unwell. It should also be remembered that health can change and the needs of a child can alter as they grow up.
How do I reach a financial settlement when my wife won’t cooperate because of her mental health?
It is always best to try and reach an agreement on a financial settlement if you can do so. That is because it saves time and money. There are many reasons why a husband and wife can’t reach an amicable financial settlement, including the mental health concerns of either a husband or wife. Reaching a financial settlement is still possible by starting financial proceedings and asking the court to make a financial court order.
If a spouse doesn’t have the mental capacity to take part in the financial proceedings their interests will be protected by the court appointing someone to act in their best interests. For example, if a spouse is seriously unwell, they may say that they want nothing from the marriage even though they are entitled to at least fifty percent of the family assets and will need the money to rehouse and support themselves. The person appointed to act for them must do what is in their best interests, rather than agreeing to the other partner keeping everything.
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Will my husband’s mental health affect the financial settlement?
A husband or wife’s mental health may affect the financial settlement depending on the severity of their mental health condition, the treatment options and prognosis, and a range of other factors. A specialist divorce solicitor can advise on the likely impact, if any, of a mental health condition on a financial settlement. For example, mental health may have an impact on employment prospects and spousal maintenance or employment and retirement plans and pension options or housing needs and mortgage capacity. Every family situation is different so it is best to get expert legal advice.
Divorce and mental health
Many people struggle with their mental health at some point in their lives. Their problems are often temporary but that isn’t always the case or a separation or divorce can exacerbate mental health problems. If you are in that position, or your husband or wife or civil partner is, then the best thing that you can do is ensure that the family has the practical, counselling, medical and legal support the family needs to get you all through a tough emotional time.
Our Manchester Divorce Solicitors
At Evolve Family Law, based in Whitefield, North Manchester and Holmes Chapel, Cheshire, our expert divorce solicitors provide friendly, approachable advice on all aspects of family law. If you need legal help with a separation or divorce or child contact and custody or assistance with a financial settlement then call us for an appointment with our specialist Whitefield divorce solicitors or complete our online enquiry form.
Robin Charrot
Jul 06, 2020
Who Pays for a Divorce?
The question ‘’who pays for a divorce?’’ is sometimes one of the most contentious issues in the decision to separate. Whitefield divorce solicitors say that the issue of who pays for the divorce can be more difficult to negotiate than your financial settlement or even child custody arrangements. That is because, although politicians are legislating for ‘no fault divorce ‘ when you split up from a husband, wife or civil partner you often want to blame someone for the split and make them pay. In this blog we look at the question of who pays for the divorce.
Divorce Costs
The general rule on who pays the divorce costs is that a husband, wife or civil partner will each pay their own divorce legal costs unless the court makes an order requiring one party to make a contribution towards or to pay all of their spouse’s divorce costs.
If the government introduces no fault divorce then it is less likely that the court will make orders requiring one spouse to pay towards the other spouse’s divorce costs. At present (June 2020), a spouse is normally only ordered to pay towards the divorce costs, or to pay the full divorce proceedings costs, if divorce proceedings are started because of:
Adultery
Unreasonable behaviour.
How much does a divorce cost?
The person applying for a divorce (called the petitioner) will have their own legal fees plus the court fee to pay. The court fee is set by the government and is currently £550.
The person responding to the divorce will have their own legal fees to pay. However, the legal fees are likely to be less than those of a petitioner (as normally there is less legal work to do) and there are no court fees payable by a respondent.
The cost of a divorce can normally be quoted as a fixed fee provided that, for example:
The divorce isn’t contested by the person responding to the divorce petition
The whereabouts of the respondent to the divorce petition are known
There are no jurisdiction disputes on whether the petitioner has the right to start divorce proceedings in England or if the divorce proceedings should be started overseas
The respondent co-operates with the divorce and completes the necessary paperwork.
Why does the petitioner pay more for divorce proceedings?
A solicitor will charge the person who starts the divorce proceedings more than the spouse who responds to the divorce proceedings because there is a lot more work involved in helping a petitioner. Whitefield divorce solicitors are asked if you should let your husband or wife start the divorce proceedings so they pay the higher divorce bill but at Evolve Family Law we normally advise against that because:
If your spouse starts the divorce proceedings they can decide what gets put in the divorce petition
If your husband or wife begins the divorce they may decide that they don’t want a quick divorce and what should take a matter of a few months could take a lot longer leaving you in emotional and financial limbo
It may not be in your financial interests to wait for your spouse to start divorce proceedings, for example, if there are concerns about divorce proceedings jurisdiction, threats that your spouse may be made bankrupt, worries that your husband or spouse will hide assets or the concern that until you get your decree absolute of divorce the pension administrators won't be able to implement your pension sharing order
If you reach a financial settlement with your husband or wife the divorce court doesn’t have the power to convert it into a financial court order until your decree nisi of divorce has been pronounced and the court can't enforce the financial court order for you until you have your decree absolute of divorce.
It is always best to speak to a divorce solicitor about the advisability of agreeing to your husband or wife starting the divorce proceedings as there may be reasons that you haven’t thought of as to why letting them do so really isn’t in your best financial interests.
Can divorce costs be agreed?
Divorce costs can be agreed between a husband and wife or civil partners. For example:
The respondent can agree to pay all the divorce petition court fee or half of the court fee or
The respondent to the divorce can agree to contribute to the petitioner’s divorce costs so that the husband and wife both pay the same amount in divorce legal fees. A respondent should only do this if the petitioner has agreed a fixed fee divorce with their solicitor. That way the respondent knows the potential cost liability rather than the divorce costs being left open ended.
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What are the legal costs of a separation?
In addition to the legal costs of a divorce you may also incur legal fees in connection with:
Advice on child custody and contact and, if you can't reach an agreement, representation in court proceedings for a child arrangements order
Advice on your financial settlement options and supporting you through family mediation or negotiating a financial settlement for you or representing you in court proceedings for a financial court order.
There is a lot that you can do to minimise your legal fees but it is best to get some divorce legal advice to make sure that any financial settlement or childcare arrangements meet your needs and those of your children.
Our Whitefield Divorce Solicitors
Whitefield, Manchester and Holmes Chapel based Evolve Family Law solicitors cover all aspects of divorce and family law. Call us or complete our online enquiry form to set up a face to face meeting, video conference or telephone appointment.
Robin Charrot
Jun 22, 2020
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