Family Law Guidance

By guest blogger Anoushka Macin of Balance Psychologies You have decided or it may have been decided for you that you no longer want to stay in a relationship that is tormenting you. Leaving a narcissistic relationship is one of the hardest things to do. In my work with clients and with my online community I provide lots of information to people who find themselves with a narcissist or toxic individual. Here is how to get out safely with your wellbeing intact.   When we fall in love it’s natural to attach and form a romantic bond, but once in love with a narcissist it is not easy to leave let alone detach from them.   Why it’s hard to break up with a narcissist Pathological narcissists or people with narcissistic traits present as charming, interesting and seductive to be around and will treat you with kindness and warmth. They may even love bomb you. This is where the dysfunctional attachment to the narcissist begins. I am not saying that it is wrong that you are being treated with kindness, charm and respect at the beginning. Of course you want to be with them but you become easily dependent on their attention and validation of you.   Once you are hooked onto this they become secure and then they aren’t motivated to be nice to you. Their charm, warmth and respect fades and is replaced or intermixed with varying degrees of criticism, demands, coldness and emotional abuse. You become accommodating and try to win their love and attention back and meanwhile your self-esteem and independence of mind are compromised. You may even become gas lighted and begin to doubt your own decisions and perceptions due to blame and lies. When you question this you become attacked, intimidated and confused by manipulation.   Over time you learn to accept the abuse or even attempt to avoid conflict and become deferential. Because facing the reality is too painful. To leave is the only option as this behavior becomes a cycle of abuse and unfortunately you are too weak and vulnerable to be able to do anything about it. You cannot save them, only yourself. Below are some tips and strategies that may help you to cope and heal after leaving a narcissistic relationship.   Go no contact - limited no contact Block them! I mean of all your communication avenues. That means phone, email and social media. You need some time to yourself to ‘breathe’ and get your thoughts in order. You are not going to be able to do that if you have constant abuse through secondary sources. The narcissist will try to contact you! You have to cut off this communication, you need some time to get your mind in order.   Now, this may not be as straight forward if there are children involved, so what I suggest here is limited contact. I feel that at the beginning of this process do go no contact but only when you are ready begin with limited contact and it needs to stay like that. So, what does limited contact look like? It will mean that you have to clarify what it is that you are communicating with the narcissist, be specific and stick to only the facts that you want to get across. Take the emotion out of the content that you are talking about, this will give you the advantage. Please know that the narcissist will use your triggers and emotions against you to trip you up and get what they want. As these interactions are about gaining power over you and controlling the  conversation, to do that they need to initiate an emotional reaction out of you and will press your buttons. Be wise to this and prepare yourself accordingly.   Join a support group It is really important at this time that you have support of people that understand and care for you. Having to explain your decisions to people who do not get it, is not good for you to be around them at the moment. You need to surround yourself with people who give you positive validation. Finding a therapist might be a good idea too.   Become more autonomous To heal and move forward from an abusive relationship it is helpful to build a life outside of the relationship that includes separate friends, hobbies and other interests. When you leave you will need a fulfilling life to supplement or replace the relationship. You will need to surround yourself with positive things that will help you to heal and remind you that there is a life outside of this person and relationship.   Build your self esteem This is very important, you will need all the strength that you need. It is important to reconnect with yourself and get to know you all over again. In relationships such as these your identity would have been compromised and diminished, therefore reconnecting to your own needs and values is important to build your inner strength. You will need to learn to become more assertive and build boundaries.   Learn how to nurture yourself This follows on from the last point of reconnecting with yourself. Learning your needs and putting them first. This is really important if you have children as you will be teaching them to value themselves and to build a robust connection to self. This is a life skill and will insulate you from the abuse.   Grieve Please allow yourself time to grieve the relationship and false future promises that were made to you in the relationship. This will help you to process your emotions and recover from the relationship. I would also urge you to find an experienced Manchester divorce solicitor who has the understanding and experience of dealing with narcissistic personalities. Mediation is not a good option where there is a history of abuse.   As long as you’re under the spell of the narcissist, they have control over you. In order to become empowered you will need to educate yourself. Come out denial and see the reality of what this really is. Information is power. Read up on narcissism and abuse, I have a lot of information on my website. Regardless of your decision, it is important for your own mental health and to redeem your autonomy and self-esteem. By guest blogger Anoushka Macin of Balance Psychologies [related_posts]

A divorce court ruling on a Sharia law marriage has called into question the validity of Sharia law marriages conducted in the UK.  You may question why that is important to you as, after all, if you celebrated an Islamic marriage ceremony, witnessed by all your friends and family that is what counts as you are married in the eyes of God. Whilst our Manchester divorce solicitors would not disagree with the significance of the marriage ceremony to you, in the English family court you may not be legally married. Your status as a husband or wife or as a cohabitee could make the difference between whether you get half the family wealth or nothing if you separate. The case of Mr Khan and Mrs Akhtar The legal status of Islamic marriage in the UK is in the news headlines again because of the long running case of Mr Khan and Mrs Akhtar. In the high court Mrs Akhtar sought a divorce from her husband, Mr Khan. He opposed the divorce petition on the basis that they weren’t legally married. Although you would have thought it obvious that they were married because the couple had participated in a Nikah ceremony in a London restaurant conducted by an Imam with about 150 guests, Mr Khan said the marriage  wasn’t legal as whilst it might be a legal marriage under Sharia law it did not meet the requirements of English marriage  law.   The first judge ruled that the marriage was a marriage but classed it as a void marriage. This decision allowed Mrs Akhtar to start financial proceedings as the wife of Mr Khan, something that she could not have done if the high court had ruled that the couple were not legally married. Although the court ruled that the marriage was still a marriage (even though it was void) back in 2018 it has taken until February 2020 for the court of appeal to hear the case and conclude that the couple were not legally married under English law.   Interestingly the appeal wasn’t brought by Mr Khan but by the Attorney General who is joined as a party to court proceedings where the validity of a marriage is called into question. The court of appeal ruling is making Manchester divorce solicitors ask where the decision leaves Mr Khan, Mrs Akhtar and their four children and, just as importantly all those other husband and wife's who have celebrated a Nikah marriage  ceremony recognised in Sharia and Islamic law but not under UK marriage  law.   Is an Islamic marriage valid in the UK? The court of appeal held that the marriage of Mr Khan and Mrs Akhter was invalid (rather than void) and therefore the Islamic marriage isn’t a legally recognised marriage, notwithstanding the 150 guests who attended to witness the marriage ceremony.   The court of appeal ruled that the Sharia law wedding wasn’t a valid marriage because the ceremony took place at a venue that isn’t registered as a wedding venue and therefore no registrar was therefore present to conduct the ceremony. Back in 2018, the high court took a different approach and ruled there was a valid marriage recognised in both Sharia law and under English case law because although the couple hadn’t complied with English marriage law requirements they both held themselves out as a married couple. The court of appeal said that this wasn’t enough as they both knew that they needed to participate in a registered civil marriage ceremony to comply with English marriage law. [related_posts] Does it matter if your Islamic marriage isn’t recognised in the UK? You may question whether it matters if your Islamic marriage isn’t recognised in the UK family law as a valid marriage because, from your perspective, it is your marriage under Sharia law that is the important ceremony to you and your family. However, if you separate and you try to start divorce proceedings you may find yourself in the same position as Mrs Akhtar; told that there is no need for English divorce proceedings because you are not legally married under English law. That means, that for the purposes of your financial settlement, in English family law you will be treated as a cohabitee or unmarried partner.   If your marriage is legally recognised then within divorce and financial proceedings a husband or wife can bring financial claims for a share of: The family home Any other property you own – this property includes houses or commercial property owned in your joint names or in your sole name Your business – your spouse does not need to hold shares in your company or to have worked in the business to be able to make a financial claim against business assets Your pension – your spouse can claim a share in your pension even if your pension was set up prior to your marriage Your savings and investments – your husband or wife can claim a share of your savings and investments even if they are owned in your sole name Your income – a claim can be made for the payment of ongoing spousal maintenance.   By contrast, if you are an unmarried partner or cohabitee you won't be able to claim: A share of your partner’s pension Spousal maintenance Any other assets unless you can prove that you are an owner of that property or that you were promised a share in the property.   If you have children with your partner you can try to claim housing provision and child support for your children but Manchester divorce solicitors say it is a lot harder to bring a financial claim if you are a cohabitee rather than a husband or wife whose legal status in recognised in English law.   What should I do if I have an Islamic marriage? If you have an Islamic marriage and you are concerned that your marriage won’t be legally recognised in English law it is best to take legal advice from a Manchester divorce solicitor. A discussion about your legal relationship status does not commit you to making any decisions and is completely confidential.   Islamic marriages and prenuptial agreements If your husband or wife does not want to participate in a legally recognised marriage ceremony because they appreciate the extent of the financial claims that can be made by a husband or wife on separation (in contrast to an unmarried partner) then one option may be to look at signing a prenuptial agreement to record a fair financial settlement should you separate at a later date. It is vital that you take expert legal advice before committing to sign a prenuptial agreement.     If you are concerned about the status of your Islamic marriage then whether or not you are contemplating a separation or starting civil divorce proceedings you should take legal advice on your situation and options. The specialist divorce law team at Manchester divorce solicitors at Evolve Family Law in Whitefield can help you. Call our Whitefield divorce solicitors or complete our online enquiry form.

For many Jewish women the prospect of getting divorced not only makes them worry about how their children will cope, raises fear for their future financial security but makes them question whether they will end up in limbo, with a civil law decree absolute of divorce from the Manchester divorce court but no religious Get. A new case may bring hope to those worried about securing a Get after their separation and civil divorce.Manchester divorce solicitors If you are divorcing and are worried about securing a Get or about negotiating the childcare arrangements for your children or your divorce financial settlement then the Manchester divorce solicitors at Evolve Family Law in Whitefield can help you. Call us on 0345 222 8 222, complete our online enquiry form or email robin@evolvefamilylaw.co.uk Whitefield based Evolve Family Law solicitors are approachable and friendly, providing pragmatic expert divorce advice, financial settlement solutions and children law resolutions. Call us on 0345 222 8 222 and let the Whitefield divorce solicitors help you.Obtaining a Get The law has tried to help those trapped having secured separation or a civil divorce but unable to move on with their lives because they are not able to secure a religious divorce or Get. In what is being described as a landmark case, a woman has used legislation designed to protect victims of domestic violence to secure her Get. In this blog we look at how she achieved her Get and the alternatives to her course of action.   Obtaining a Get by private prosecution An unnamed women from London obtained her Get after launching a private criminal prosecution against her husband for coercive control.   The case is thought to be the first time that the UK criminal justice system has been used as a means to secure a Get to enable the London woman to be able to remarry according to Jewish law.   If you are wondering about what the judge and jury said, this is a case where the private prosecution of the husband was withdrawn when he agreed to give his wife a Get. That meant his crown court trial didn’t take place and therefore the jury did not have to assess whether the man was guilty or innocent of the law against ‘coercive control’.   The wife used Section 76 of the Serious Crime Act 2015 to bring the private prosecution. The 2015 Act created a new offence of coercive or controlling behaviour in an intimate or family relationship. An offence is committed if: A person repeatedly or continuously engages in behaviour towards another person that is controlling or coercive and the two people are personally connected The person committing the behaviour knows or ought to know that their behaviour will have a serious impact and the behaviour does have a serious impact on the person subjected to the behaviour.   To be charged with an offence under the 2015 Act you must have committed controlling or coercive behaviour towards a ‘personally connected’ person. The law says you are personally connected if: You are in an intimate personal relationship or You live together and are family members or You lived together and were in an intimate personal relationship with one another.    Had the husband been found guilty of the criminal charge then he could have faced a maximum sentence of up to five years in prison. That was probably a very powerful motive to agree to give the wife a Get. However, some may argue that the Get was not freely given by the husband as he felt under pressure to provide the Get rather than offering it of his own free will.   Obtaining a Get through injunction proceedings  In the London case a private criminal prosecution was launched but the case is making Manchester divorce solicitors question whether a Jewish woman could apply for a civil or family court order alleging coercive control as a means to try and secure co-operation and the granting of the Get.   Many women assume that they cannot apply for a family court injunction order because their husband has not been violent towards them, or if he has it was ‘just a push or a slap’. The law on domestic violence is clear, domestic abuse includes emotional and psychological abuse as well as coercive and controlling behaviour. In addition, any form of domestic violence is unacceptable.   Accordingly, some women may want to consider if injunction proceedings would help provide leverage to secure their Get, in the same way that the wife used her private criminal prosecution to achieve her goal of freedom and an end to her being in legal limbo.   Obtaining a Get through UK divorce law For a wife who wants to secure a Get but their husband is not co-operating the most widely known legal option is to use Section 10A of the Matrimonial Causes Act 1973, amended by the Divorce (Religious Marriages) Act 2002).   Under this legislation either a husband or wife is entitled to apply to the divorce court for an order stopping the decree absolute of divorce from being pronounced until the Get is obtained.   In another recent court case, spousal maintenance law was used as a means to achieve a Get. A Manchester businessman appealed against a financial court order made in divorce court proceedings. The court had ordered him to pay spousal maintenance at the rate of £1,850 a month until he gave his wife a Get.   The husband, Mr Moher, appealed saying it was wrong to order him to pay spousal maintenance until he gave his wife a Get because it introduced compulsion and, under Jewish law, a Get should be given of your own free will. The court of appeal disagreed and upheld the spousal maintenance order.   Talk to your divorce solicitor If you need a Get then it is important that you tell your Manchester divorce solicitor this so that they know, in any negotiations, just how important the Get is to you and to your future happiness.   Once your Manchester divorce solicitor understands that you need the Get to re-marry under Jewish law and to have more children then this should be a priority for them. Even if your husband says he will cooperate and give you a Get or you do not contemplate re-marriage, it is still important to record the agreement on securing a Get in case your husband decides not to co-operate.   Robin Charrot, divorce and financial settlement solicitor at Evolve Family Law based in Whitefield, Manchester says:   ‘’ Obtaining a Get can sometimes be hard work when a husband refuses to cooperate or prevaricates. It is vital that your divorce solicitor understands the importance of the Get to you. I have had solicitors question why it is significant to obtain a Get if a wife has achieved a civil UK law divorce as well as sorted out a child arrangements order and her divorce financial settlement. From my perspective, if a client wants Get it means the difference between a wife being able to get over her divorce and move on with her life feeling positive about her future and feeling trapped and forever controlled by her former husband. That is why the Get is so important and why the London landmark private prosecution will generate a lot of interest in Whitefield and North Manchester. It is another option to explore to secure your Get.’’Manchester Divorce solicitors If you are contemplating a separation or starting civil divorce proceedings but are worried about obtaining a Get then Manchester divorce solicitors at Evolve Family Law in Whitefield can help you. Call the Whitefield divorce solicitor us on 0345 222 8 222, complete our online enquiry form or email robin@evolvefamilylaw.co.uk   Whitefield based Evolve Family Law solicitors are approachable and friendly, providing pragmatic expert divorce, children and financial settlement law advice. Call Evolve Family Law on 0345 222 8 222 and let us help you.Latest From Our Marriage & Divorce Blogs:

When it comes to pension rights and answering the question ‘do I have to share my pension if I divorce,’ the frustrating response to hear from a Manchester divorce solicitor is that there isn’t a yes or no answer to your pension rights question. In this blog we look at just how complicated it can be to unravel pension rights on divorce and answer some of the common questions that are raised by husbands or wives worried about the thought of having to share their pension on divorce.   Pension and divorce experts Our Manchester divorce solicitors are often told by husbands or wives that their pension can't be shared on the breakdown of their relationship for a whole variety of reasons including: The pension can't be touched until I retire so can't be shared now The pension was started before the marriage The pension is linked to the family business You can't share a final salary pension on divorce The pension isn’t valuable enough to share on divorce My employer won't let me share my work pension on divorce Pensions can't be shared if you are in a civil partnership and not married.   All of those are wrong! If you start off on ‘the wrong foot’ with misinformation about pension rights on divorce it is very easy to either: Believe your pension can't be touched and therefore be unwilling to negotiate on pension rights and divorce Assume that your husband or wife's pension can't be worth much and is incapable of being divided or shared until you both reach retirement age.   To avoid reaching fixed views on pension rights and divorce it is best to take early legal advice from Manchester divorce solicitors and financial advice so you know where you stand legally and financially. Early advice means neither of you should have entrenched pension positions and be more open to negotiating a financial settlement that may or may not involve sharing pensions.   Joint pensions Many husband and wife's assume that their pension is a joint pension with their spouse. A Manchester divorce solicitor or financial advisor will tell you that a pension is only legally owned by one party so technically the pension will belong to you or to your spouse. Even though you may or may not own the pension, on divorce most pensions are capable of being shared so that the non-owning husband or wife gets a share of the pension.   Pensions can be a complex topic as there are so many different types of pension. You may be adamant that your pension is joint with your husband or wife because: You are both shareholders and company directors in a family business and have a pension linked to the business You both set up private pension schemes at the same time You have property or land owned in a pension fund.   No pension is a jointly legally owned asset. Even if you and your spouse both have funds in a SIPP or own a business property within a pension fund you will both have individual shares in the pension pot.   Although pensions are not joint assets because they are not legally owned by both of you they will normally be taken into account in any divorce financial settlement and can be shared or the pension value offset against the value of other family assets. Are pensions ever ignored in divorce financial settlements? In most separations and divorces pensions are not ignored in the divorce financial settlement. That is because the pension is often the most valuable asset after the equity in the family home.   There are a few limited family scenarios where the value of the pension won't feature highly, for example: A young couple with no children A very short marriage with no prior period of cohabitation before marriage and no children A marriage where the husband and wife agreed to ignore the value of pension assets if they separated or divorced by signing a prenuptial agreement or a postnuptial agreement. This is OK if the terms of the prenuptial agreement or postnuptial agreement meets the needs of the husband and wife.   Are pensions always shared equally? Pension assets may not be shared at all, for example, you may agree or the family court may order that one of you gets a bigger share of other assets, such as the equity in the family home or savings.   If you do agree to a pension share or the financial court order includes a pension sharing order then your husband or wife could get a percentage from one to a hundred percent of your pension fund.   The court is more likely to make a financial court order that includes pension sharing where: The value of the pension funds makes it worthwhile to share the pension. If the pension only has a small value then the administrative costs of sharing the pension may not be justified There are sufficient assets to not require one of you to need to receive all or the majority of the equity in the family home to rehouse yourself and to offset the value of the pension.   Even if you and your spouse or the family court orders that a pension is split equally between husband and wife that doesn’t necessarily mean that you will both get the same amount of pension income from your equal share of the pension fund. The pension income differential can be down to age or gender. That is why many Manchester divorce solicitors and family courts prefer to arrange for pensions to be shared to achieve equality of pension income on retirement rather than a straight equal division of the capital value of the pension fund.   How to value a pension in a divorce financial settlement It is often thought by a husband or wife that valuing a pension in divorce and financial settlement proceedings is easy as you can just rely on the annual statement that pension administrators provide. Most of these annual pension statements will include what is said to be the ‘cash transfer value’ of the pension fund.   If the fund value of the pension is accurate then you may think it is a straight forward process to either agree a pension offsetting figure (the amount that one of you will receive for not getting a share of the pension) or agree the percentage of the pension share. However, the cash transfer value of a pension can be wildly inaccurate or misleading. For example, two pensions may both have a cash transfer value of £500,000. You would assume therefore that as both pensions are worth the same amount they will produce the same pension income on retirement. That’s not the case because one pension may be a final salary pension and the other a personal pension or a SIPP.   Getting expert legal advice and actuarial pension advice can be crucial in helping you: Accurately value your pension assets Reach a fair financial settlement.   Can I ring fence my pension and leave it out of the financial settlement? Manchester divorce solicitors are often asked if pensions can be kept out of divorce financial settlements. Even if you both agree to ignore the value of a pension the asset still needs to be disclosed. A husband and wife are under a duty to provide full financial disclosure. Failure to give information about your pension isn’t in your interests. If you do not disclose an asset then any agreement or financial court order could potentially be overturned at a later date because of the lack of full and accurate financial disclosure.   It therefore pays to disclose the existence of all assets, including pensions, even if you and your spouse chose to ignore the value of the pension in your financial settlement negotiations.   Many husband's and wife's struggle with the idea that the value of their pension may not be ignored in the financial settlement, even though: They started the pension before the marriage and all the pension contributions were made prior to the marriage Their pension is in payment Their spouse is in a new relationship and so they don’t think that he/she needs a share of their pension They signed a prenuptial agreement to say that the value of a pension would be ignored.   Whilst all of the above point are very valid, a family court looks at a range of factors when deciding whether or not to make a pension sharing order as part of a financial settlement. For example, the court will look at both a husband's and wife's needs including pension income needs but will also factor in the length of your marriage, your ages and any pre-marriage contributions or wealth and the existence of any prenuptial agreement or postnuptial agreement.     When is a pension shared? Many husband's and wife's are very keen to avoid a financial settlement that includes a pension sharing order because they mistakenly believe that their spouse will continue to receive the benefit of their hard work and ongoing pension contributions and pension growth from the date of the financial settlement until eventual retirement and pension draw down. That isn’t the case.   If you agree to your pension being shared or the court makes a pension sharing order after a contested financial settlement court hearing then: The pension sharing order will be implemented after the pension administrators receive the financial court order, pension sharing order annex and the decree absolute of divorce. The pension administrator has four months from receipt of the relevant paperwork to implement the pension sharing order Once the pension sharing order has been implemented there will be two separate pension pots (assuming there isn’t a one hundred percent pension sharing order) and any future pension contributions made by you after the order has been implemented will be credited against your pension pot and you will get the benefit of all the pension and investment growth in your pension pot In most cases you will be able to decide when to take your pension completely independently of when your former husband or wife choses to retire and get the pension income from their share of the pension. The position is more complicated if your pension pot consists of property and is a Self-invested pension plans (SIPPs) or is a Small self-administered schemes (SSASs). It is also sensible to take detailed advice about the earliest date you will be able to take the pension income as the pension rules may be different for you and your former spouse and it is best to be fully informed before agreeing to a pension sharing order.   [related_posts] Should I pension share or pension offset? The question of whether you should pension share or offset is really down to your priorities. However, if you are not able to reach a financial settlement with your husband or wife by agreement then the decision over whether to pension share or pension offset may be taken out of your hands as a family judge will decide how your assets , including pensions, should be divided.   If you agree to a pension offset then the value of the pension is offset against other assets owned jointly or individually. This may be vital to you if your priority is to stay in the family home or to keep your shareholding in the family business or family farm. Equally, it can be short sighted to ‘put all your eggs in one basket’ and just get equity in the family home rather than a share of your spouse’s pension.   You may think that, in time, you can downsize and get money out of the family home to fund your retirement. However, the cash from the sale of a family home may not generate anywhere near as much in pension income as a share in your spouse’s final salary pension scheme would have.   Alternatively, you may be adamant that you want to keep one hundred percent of your pension because you realise just how valuable your National Health Service, police, fire service or final salary pension is in comparison to the income you could realistically generate from the pension offsetting figure. However, you may benefit from reality testing your plan to keep all your pension and get less or no equity from the family home as that may mean you struggle to rehouse yourself so you are asset poor and pension rich. All very well for the future, but does it mean you will have a tough time of it until your hoped for retirement and is it worth it?   When it comes to pensions and divorce financial settlements there are always choices to be made, from how you value the pension to whether you share or offset the pension. Taking expert legal advice from Manchester divorce solicitors can help you make informed choices, looking at the short and long term needs of you and your family.   Whitefield based Evolve Family Law solicitors are approachable and friendly, providing pragmatic expert divorce, pension and financial settlement solutions. Contact us today and let us help you.

As a children solicitor, I hate abbreviations. I think they confuse parents and make children court proceedings seem more complicated than they really are. If you are thinking about applying to the family court for a custody or access order (called in court language a child arrangements order ), you will come across the abbreviation ’’CAFCASS’’. CAFCASS stands for ‘’the children and family court advisory and support service’’. I think most people would agree that is a bit of a mouthful. A CAFCASS officer is called a variety of names, including family court reporter and CAFCASS worker or reporter. Many of the names are interchangeable, adding to parents’ confusion. What is a CAFCASS Report? A CAFCASS report is a report that is ordered by a family judge for use in children court proceedings. The CAFCASS report can also be referred to as a ‘’section 7 report’’. This abbreviation relates to the section of the Children Act 1989 that authorises the production of reports. Who Can Ask for a CAFCASS Report? Many parents think that in all children court proceedings a CAFCASS report is prepared or that they can ask for a report. A CAFCASS report is not necessary in every children court case. Furthermore, only a family court judge can decide if a report should be obtained and how detailed the report should be. A judge can ask that a CAFCASS report look into the children’s wishes and feelings or the judge can ask for a more detailed report asking the CAFCASS report writer to make recommendations about what he or she thinks would be best for the children. A parent or their solicitor can ask a judge to order the preparation of a CAFCASS report at a first directions hearing of a children application. If you would like a CAFCASS report, careful representations have to be made as to why a report should be prepared. If a judge does not follow the recommendations in a CAFCASS report, the judge has to explain why the recommendations have not been followed. What Goes Into a CAFCASS Report? A CAFCASS report writer will decide whom they need to speak to in order to prepare their report. A CAFCASS report writer will speak to both parents and will normally speak to the children who are the subject of the court proceedings. A CAFCASS report writer may also speak to a nursery worker, teacher or other relevant professional. A CAFCASS report writer will say what they think the child’s wishes and feelings are and may say what parenting arrangements would, in their opinion, be in the child’s best interests. If facts are disputed, for example whether an incident of domestic violence took place, it is not the job of the CAFCASS report writer to decide whether the incident took place or not. That is the job of the family judge. [related_posts] How Does a CAFCASS Report Writer Interview a Child? A CAFCASS report writer’s interview technique will depend on the age and understanding of the child and the family circumstances. A CAFCASS report writer will not ask a child to decide between parents. How Long Does a CAFCASS Report Take to Prepare? The time that a CAFCASS report takes to prepare depends on what the judge asks the CAFCASS report writer to cover in the report and how busy the local CAFCASS service is. Sometimes a judge will ask a CAFCASS report writer to prepare an interim report, for example on short-term contact arrangements until the final hearing of the children application. On other occasions a judge may ask for a second CAFCASS report, often referred to as an ‘’addendum report’’. Does a Judge Have to Agree with the Recommendations in a CAFCASS Report? A judge does not have to agree with what the CAFCASS report says. However, a CAFCASS report is normally highly influential. In the vast majority of children court applications, the court will make parenting and child arrangements orders as recommended by the CAFCASS report.   For legal assistance responding to children court proceedings please contact our expert children lawyers today

If you have taken the decision to separate from a husband or wife, it is tempting to leave sorting out financial and property matters and things can drift. Alternatively, a husband or wife can rush into an agreement, often without first getting accurate or up to date valuations of property and other assets.   Which Property Should be Valued in Your Divorce? It is assumed by a separating couple that only the family home needs to be valued as part of their separation or divorce. That is not necessarily correct, as it is important that all relevant property is valued.   What then is ‘’relevant property ’’ that should be valued? The honest answer from a Whitefield divorce solicitor is that it all depends on the individual personal and financial circumstances of a husband and wife. However, property can be relevant even if it is owned in the sole name of a husband or wife. Property does not have to be owned jointly to be relevant to divorce proceedings and form part of the family wealth and financial settlement options.   If a husband and wife are splitting up then consider valuing: The family home ; and Any second home or holiday home or chalet (including overseas property ) ; and Buy to let property portfolio; and Any property owned by a family business. This is because if the property is included in the company business accounts the company shares cannot be accurately valued unless there is an up to date valuation of the property ; and Any property held within a pension fund, such as a SIPP. This is because the value of the pension fund cannot be accurately ascertained without an up to date value of the property held in the pension fund ; and Property owned by a third party, for example a family member, if a husband or wife has a beneficial interest in the property. An expert divorce solicitor will look at the financial disclosure and advise you on what property should be valued and talk to you about the best way to obtain accurate valuations. The solicitor’s advice may depend on a range of factors, for example, the length of the marriage or when a property was last valued. Sometimes an independent surveyor may have recently valued business or pension property for business related or pension administration purposes. That can mean that a further report is not necessary but careful thought should be given to the purpose of the original valuation and the reliance that can be placed upon it. [related_posts] Valuing Property in Financial Court Proceedings The first step in reaching a financial settlement is to find out what the family home and other property and assets are worth. If property and assets are not accurately valued then the financial settlement can result in unfairness to either the husband or wife.   If a couple cannot agree on the value of a property value, a court can order a formal valuation by a surveyor who is a member of the Royal Institute of Chartered Surveyors.   Normally a family judge will say that one surveyor, jointly instructed by the husband and wife, should undertake a valuation of property for use in financial court proceedings. The main advantage of using one single joint expert is there are no conflicting opinions on a property value by different surveyors and costs do not escalate by surveyors going to court hearings to justify their different property valuations.   A single joint expert is: Independent of both husband and wife ; Will not of had undisclosed prior dealings with either the husband , wife or the property ; and Not influenced by whether the property is owned jointly or by the husband or wife or jointly with a third party. This is because the expert is focussed on the value of the property and not its ownership; and Under professional and court rules on reporting duties to ensure that the report is independent and impartial.   Specialist Whitefield divorce solicitors also recommend that you take advice on the tax implications of the sale or transfer of property so that the tax bill can be factored into the financial settlement to achieve a fair net result.   A divorcing couple can worry about the cost of getting legal advice, property valuations and tax advice. However, given the importance of knowing how much property and assets are worth before looking at the wide range of property solutions, it is always sensible to get expert advice before deciding what to do. The cost of this advice and preparing any legal documentation is tiny compared to the cost and stress involved if something goes wrong without the right valuations and documentation in place. For legal assistance with divorce financial settlements and representation in financial court proceedings please contact our expert divorce lawyers today

It may seem a very odd thing to do but, in some personal and financial circumstances, the decision to give away an inheritance is the right thing to do.   Most people assume that if they have the good fortune to inherit something under a loved one’s Will or intestacy provision, they have to accept the legacy. This isn't always the case.   In an ideal world, it should not be necessary to consider giving away a legacy because the loved one would have left a Will, rather than dying intestate, or would have discussed the bequest in the Will and would have updated their Will.   However, what does happen if you receive a gift as part of an inheritance and you decide you do not want or need it? There are a number of circumstances where the beneficiary of a Will may not want to receive their inheritance, for example: They may want to make provision for someone who has been excluded from the Will; or They may want to give their share of the deceased’s estate to a family member who is not as financially well off as they are ; or They may want to equalise the gifts if the testator has favoured them over other beneficiaries; or They may wish to give all of their legacy or part of it to charity; or They may want to make the Will tax efficient.   Deeds of Variation In order to make changes to a Will after the death of the testator, a Deed of Variation should be drawn up.   So that the tax advantages from the Deed of Variation can be obtained, the document has to be signed and executed within two years of the date of death of the testator.   A Deed of Variation can be executed before or after the Grant of Probate or Letters of Administration (if the deceased died intestate without a Will) has been obtained. Any beneficiaries who are affected by change in Wills  must agree and sign a Deed of Variation. Furthermore, all the personal representatives of the estate should also ideally sign the Deed of Variation. [related_posts] Who Can Sign a Deed of Variation? If a beneficiary has capacity to make their own decisions then they have the authority to execute a Deed of Variation. A beneficiary under the age of eighteen cannot sign a Deed of Variation. No one else can sign a Deed of Variation on behalf of a minor child.   How Can a Deed of Variation Reduce Tax? A Deed of Variation may be the answer if a Will has not been drawn properly to obtain the best tax treatment or the tax rules have changed. For example, executing a Deed of Variation may reduce the inheritance tax payable by: Varying the gifts in a Will to leave money to charity. Any gift to charity does not attract an inheritance tax charge. If charities are left at least ten percent of the net estate then the estate can qualify for a reduced rate of inheritance tax of thirty-six percent, instead of forty percent; If a husband or wife died without a Will, with children, the surviving wife, husband or civil partner will receive assets up to £250,000 and half the remainder of the estate. The other half of the estate would pass to the children. If the amount going to the children exceeds £325,000 then this will attract inheritance tax. A Deed of Variation can be signed so the entire estate passes to the surviving spouse or civil partner. If an estate passes to a surviving spouse or civil partner no inheritance tax is payable. The transferable nil-rate band can be utilised on the second death.   It pays to get legal advice on whether a Deed of Variation is a sensible option. Some may think that a Deed is unnecessary but with expert legal advice, it can save on inheritance tax and money to get a Deed of Variation drawn up.   For help preparing a Deed of Variation or drawing up a Will or estate planning please contact our expert family lawyers today

When parents cannot agree over the arrangements for their children after separation or divorce, they do not necessarily need to apply for custody or a child arrangements order. Instead, their legal remedy may be an application under the Children Act for a specific issue order.   What is a Specific Issue Order? A specific issue order is an order made by a judge of the family court. The order decides an issue that is in dispute in connection with any aspect of the exercise of parental responsibility for a child.   It is hard to explain what a specific issue order is and what it is used for without using examples of situations where parents have applied to court for specific issue orders.   Examples of Specific Issue Orders A family court judge can decide on almost any aspect of parental responsibility if a parent applies for a specific issue order.   The most frequent types of specific issue order applications are about: Whether a child should be educated privately or state educated; The specific choice of private school or nursery. To some parents a school’s education and examination record is the key factor in choice of school. However, to the other parent, the distance from home or the quality of pastoral care or the fact that they went to a particular school are the reasons why they are at loggerheads with the other parent over the choice of school; Whether a child should observe a particular religion and attend religious ceremonies or go to a religious school; Whether a child should follow a gluten free or meat free vegan or vegetarian diet ; Whether a child should be baptised or circumcised ; Whether a child should be allowed to change gender; Whether a child should be immunised; Whether a child should be given a new first name or surname ; Whether a child should go to a family event, such as a second wedding or act as bridesmaid or pageboy. There are many other specific issue order topics. That is because the ‘’burning issue’’ in every family or separated family is always different. Therefore specific issue order applications are as individual as the families who struggle to agree on parenting decisions.   How Do You Agree a Specific Issue?     The best children law solicitors will not just give you the option of applying to court for a specific issue order from a family judge. That is because there are alternative options to making an application to court for a specific issue order. For example, you could: Have direct discussions ; with the help of a solicitor in the background; Go to a round table solicitor meeting ; Attend family mediation ; Use family arbitration; Attend family counselling. In appropriate family cases, mediation or counselling sessions can involve the child if the child is old enough to express an opinion and the child’s parents and professionals think that involving the child in the discussion is right for the child. [related_posts] Deciding a Specific Issue Order Application   The way a judge decides a specific issue order application is no different to how a judge decides on a child arrangements order application. That is because the judge has to consider and apply the same welfare criteria to make a decision.   A judge decides a specific issue order application based on what the judge believes is in the child’s best interests. The judge must consider a number of statutory factors (known as the welfare checklist) when making court decisions about children.   The Children Act 1989 welfare checklist lists the factors that the judge considers, including: The ascertainable wishes and feelings of the child concerned, in light of his or her age and understanding; and The child’s physical, emotional and educational needs; and The likely effect on the child of any change in his/her circumstances; and The child’s age, sex, background and any characteristics the court considers relevant; and Any harm which the child has suffered or is at risk of suffering; and How capable each of the parents and any other person in relation to whom the court considers the question to be relevant is of meeting the child’s needs; and The range of powers available to the court. The judge will carry out an assessment, of what they believe to be best for the child after considering the evidence and the welfare checklist.   It is not unusual for parents who are living together or who are separated to fall out over a specific issue relating to the parenting of their child , for example one parent not wanting the child to meet the new partner of their former spouse. There is often no one right or wrong answer when it comes to a specific issue order, as in most cases both parents think their standpoint is in their child’s best interests.   If you cannot reach an agreement over a parenting decision then the best option is to take some legal advice so you know where you stand legally and whether a specific issue order is a reasonable step to take in the interests of your child.   For legal help with any aspect of children law please contact our expert children lawyers today