Family Law Guidance

As leading Cheshire divorce solicitors, we are often asked if there is a simple hack to reduce the stress of a divorce. Many people thought that the government announcement that it intends to introduce ‘’no fault’’ divorce   would result in less stressful divorces but most divorce solicitors say most of the stress of a divorce comes from: Taking the initial decision on whether to separate or not; Thinking about how you will tell the children about a planned separation or the decision to start divorce proceedings ; Reaching an agreement about how much time the children will send in each household ; Breaking the news of your decision to separate to close family or to mutual friends; Worrying about how you will cope financially after a divorce ; that can either be immediate worries or long term concerns about the effect of getting divorced and the impact on your pension and retirement planning; Concerns about whether or not you will need to move out of the family home and, if so, how that will affect the children, for example ease of getting to their current schools or seeing friends.   A good divorce solicitor will tell you that there is no one magic solution to reduce divorce stress, but some simple steps can help:   Take time for yourself If you are facing a separation or divorce, you may be worried about how your children or family will react to the news. Often your wants and needs are low down on your list of priorities. Whilst that is understandable, it is not healthy. Whilst it is not legal advice, most good divorce solicitors would recommend that you take time for yourself, whether that is taking time for a chat with a friend or a trip to the gym.   Acknowledge how you are feeling If you are feeling emotional or you think things feel out of control then speaking to a counsellor or to your doctor about how you are feeling can be a good option.   Limit social media Social media and contact with friends via face book and other social media sites can be a comfort but it can equally be the major cause of divorce stress.  That is because content and messaging, especially with a former partner, can quickly become overwhelming and distract you from the things that you do need to sort out.   Talking to the children Parents are often reluctant to tell their children about a planned separation. That is normally because they want to protect their children for as long as possible. Parents also tend to think that they cannot talk to their children until they themselves know the answers to what the agreed parenting arrangements will be or whether the family home will be sold or not. However, children will pick up on the atmosphere or tensions at home and normally adult stress levels are reduced once children have been told about a planned separation.   Take legal advice A divorce solicitor will be able to reach an agreement over parenting arrangements, custody and access and your financial settlement options. Practical and pragmatic advice taken either before your separation or at an early stage after your separation can help you reduce divorce stress and the likelihood of contested children or financial proceedings. [related_posts] For legal advice on your divorce or dissolution of civil partnership proceedings please contact us.

We all know that children are priceless and that we will do anything for our kids. However when a couple decide to separate or divorce a lot of emotional energy and money can be spent on sorting out who has custody of the children or, for example, if the children should be allowed to  move abroad with one parent or how much access or contact time one parent should enjoy with the children.   Children Court Proceedings and Cost Orders Many parents think that if they get custody of their child (called a child arrangements order ) or get the type of access they asked for or if a judge stops a child moving abroad to live with one parent then as they have ‘’won ‘’ the court case, the court will make a costs order in their favour.   Cheshire children law solicitors will tell you that it is very rare for a court deciding a children case to make an order for costs. The normal costs rule in children law proceedings is that ‘’no order for costs’’ will be made. That means each parent has to pay his or her own legal fees.   The court in children court proceedings does have the power to make costs orders. However, a family judge will only consider making a costs order in cases where the conduct of a party has been reprehensible or unreasonable. That is a pretty high bar. That is why most children law solicitors advise, at the outset of court proceedings, that the parent should assume that they will not get the court to make a costs order in their favour.   Costs Orders and Unreasonable Behaviour A recent example of where the family court was persuaded to make a cost order in child abduction proceedings is the case of Re J (Children).   The background to the court case was that a mother applied for court permission to take her children to Ukraine for the purpose of a holiday. The children did not return to the UK at the end of their holiday. The father started court proceedings for the return of the children and a number of court orders were made. They were not complied with.   The judge made a cost order against the children’s mother and maternal grandfather. This was because the judge thought the mother had duped the father and the court and had never planned to return the children to the UK after the court gave her permission to take the children on holiday.   The maternal family appealed against the cost order but the appeal court decided that as court orders ordering the return of the children to the UK had been flouted it was appropriate to depart from the usual rule in children law proceedings that both parents pay their own legal fees. [related_posts] Children Court Proceedings and Costs Although the father, in the case of Re J, was successful in securing a costs order Cheshire children law solicitors still urge parents contemplating starting court proceedings to go ahead on the basis that the overwhelming likelihood is that each parent will pay their own legal costs.   That is why it is vital that parents choose their children law solicitor with care to make sure that not only is the solicitor an expert in children law but they explain fully the court options and the potential costs involve and provide a transparent price guide .    For assistance with your child custody and contact case please contact us.

It is tempting to answer the question ‘’does length of marriage affect divorce settlement?’’ by saying that ‘’it all depends’’. However, many would say that reply is a typical politicians or lawyer’s answer and, if you are getting divorced, you want a clear answer, not something woolly. The reality though is that the length of a marriage is a relevant factor when the court decides how much a husband and wife should get in a divorce financial settlement. Just how relevant the length of the marriage is depends on the couple’s financial and personal circumstances. The short marriage and the divorce financial settlement Many people assume that if a couple have only been married for a couple of years then the divorcing spouse will not get  spousal maintenance or even a ‘’pay out‘’ or divorce financial settlement but it all depends.   If three couples have each been married for two years the financial settlement will be different for each couple, as highlighted by these three case examples:   Couple 1 Janet and John Janet and John are both high flyers and each owned property before their marriage. They have no children. The short length of their marriage will be highly influential in reaching a financial settlement and clean break financial court order.   Couple 2 Mariah and Nick The couple only got together just before their marriage two years ago and shortly afterwards the twins arrived. Mariah left work to look after them as Nick agreed juggling work and childcare was not in the interests of the twins. Although the couple have only been married for two years, the length of their marriage is not highly relevant, as the court will focus on the children’s needs when determining a fair financial settlement.   Couple 3 Bill and Ben Bill and Ben married two years ago but within a matter of months, Bill realised that he had made a mistake. He has moved out and started divorce proceedings. He has assumed that he will get a clean break financial court order as the couple only lived together for twelve months out of their two-year marriage.   However, before the marriage, Bill and Ben had lived together in a continuous relationship for about fifteen years. The court takes into account pre-marriage cohabitation when looking at the length of the marriage, if it was ‘’seamless living together’’. Although the marriage may have officially only been of two years duration, the family court could assess it as a long relationship of seventeen years when looking at what sort of divorce financial settlement would be fair to both Bill and Ben.   Does the length of marriage affect divorce settlement? The case studies show that when a Whitefield divorce solicitor answers the question ‘’ does the length of a marriage affect divorce settlement ‘’ with a ‘’maybe’’ that whilst it may be a woolly answer it is the correct one until more information is available on a couple’s financial and personal circumstances.   For help with your divorce financial settlement please contact our specialist divorce lawyers. [related_posts]

Most separated and divorced parents find some of the child support service rules relating to the calculation of child maintenance incomprehensible. Child maintenance solicitors have to try to explain how child support is calculated without attempting to try to justify the rules or tribunal decisions.   Child maintenance and shared care Nowadays, in the vast majority of family situations, if you separate or divorce and you have dependent children, the child maintenance service (rather than the family court) will have the jurisdiction to calculate how much child support should be paid and to enforce the assessment.   In order to try to keep child maintenance simple to calculate, some years ago the child maintenance service introduced a new child support formula. How much you pay in child maintenance is calculated as a percentage of your income. That sounds simple enough to most parents but then added child support rules start to creep in , such as if there is a shared or equal parenting arrangement with the children spending the same amount of time with each parent then no child maintenance is payable by either parent .   The rights and wrongs of the shared parenting rule and child maintenance is a moot point. Most child maintenance solicitors say it can produce both fair and unfair results. Take two scenarios: Two parents equally share the care of the children and both earn roughly the same amount – no child maintenance is liable under child maintenance service rules, not because of the earnings of the mother and father are the same but because care of the children is shared; Two parents equally share the care of the children. One is a high earner and the other barely scrapes by on their salary each month. No child maintenance is liable under child maintenance service rules as the parenting is shared. The parent who is on a lower income will not be able to ask for spousal maintenance to help address the income gap in the two households if they were in a cohabiting or unmarried relationship with their ex-partner.   Child maintenance and contact It is not just shared parenting that can produce odd results with child maintenance service assessments. If a parent has overnight contact with their child, the amount they pay in child support under a child maintenance service assessment is reduced. The amount of the reduction depends on the extent of the overnight contact.   This child maintenance service rule can throw up some equally fair and unfair results, depending on whose perspective you look at child support from. Take two scenarios: A mother is the main carer of the children. The father sees the children each night but cannot have the children overnight as he works shifts and his shift patterns mean that the children would have to get up too early. Although the mother earns twice as much as the father and despite his seeing the children each day, he is liable to pay the full child maintenance service assessment with no reduction for his daily contact as he does not have the children overnight; A mother is the main carer of the children and the father has overnight contact on three nights a week. Although the mother still needs to pay her mortgage and pay for school clothes and holidays, the amount of her child support is reduced significantly because of the father’s overnight staying contact. The mother earns half the amount of the father. That scenario may seem unfair to the mother but imagine if the mother earnt double the father’s income. The father would still have to pay the same amount in child support and pay for his children’s upkeep on three nights a week. However, the father would pay nothing in child maintenance if care were shared equally. The difference a day makes in child contact can add up to hundreds of pounds a month in child maintenance. [related_posts] Child maintenance rules The child maintenance scenarios are just a few examples of why child custody solicitors and child maintenance solicitors do not try to justify the child maintenance service rules.   The best advice , if you are splitting up from a partner and have children together , is to try and reach an agreement over who gets the house , who gets the pension and how the children are financially supported in one package so the fairness of the overall financial settlement can be looked at.   For information about child maintenance and contact and financial settlements please contact our expert children law solicitors today. Appointments are available online or in Whitefield, Manchester and Cheshire.    

Divorce and debt sounds a depressing topic. However, it is a subject that has to be discussed by many couples who are thinking about separating or getting divorced.   Putting off a separation or divorce because you are in debt is rarely a good idea unless you think that the marriage still has a chance of working. If you think your judgment is impaired by the debt, it is sensible to take advice on your options.   Debt and divorce proceedings   Many Whitefield divorce solicitors find that debt is one of the major reasons behind the decision to start divorce proceedings. For example: A spouse may have hidden spending from their partner so they have lost trust in them; Family debt has arisen and because of financial pressures, arguments have escalated.   Debt issues can be included in a divorce petition based on a spouse’s unreasonable behaviour. There is often a reluctance to agree to a divorce if allegations are made about debt and spending.   When a couple agree that a marriage is at an end the simplest solution is for the respondent to the divorce proceedings to agree to the divorce and to say that they do not accept the debt allegations in the divorce petition. That way the husband and wife avoid the cost of contested divorce proceedings. However, the respondent to the divorce petition can argue his or her case in any later financial court proceedings.   Debt and financial disclosure   If you are negotiating a financial settlement or asking the court to make a financial court order, it is vital that all debt is disclosed. In financial court proceedings, financial disclosure involves giving information about assets and debts.   Debt can include joint debt and individual borrowings. Debt is not just overdrafts and loans but includes credit and store cards, gambling debts, money owed to family or car loans and hire purchase commitments.   As well as providing details of the debt, it is important to disclose how much is repayable each month and the debt repayment date. Without that additional information, financial settlement options cannot be explored.   Am I liable for the debt in my spouse’s name?   If your spouse took out loans or debt in his or her name then the person or organization owed the money cannot pursue you for recovery of the debt unless it is legally assigned to you.   However, in family court proceedings the judge can take into account debt in one spouse’s sole name. The court may have to decide if the debt is ‘’family debt’’ or ‘’non-family debt’’. For example, if a wife took out a credit card to pay for family holidays and clothes for the children the court is likely to class the loan as family debt even if the husband did not agree with all the spending. However, if a loan was used to buy presents for a new partner or furniture for a new house it is likely that it would be viewed as non-family debt. [related_posts] What happens to non-family debt in divorce and financial court proceedings?   If you can establish that a spouse has incurred debt purely for their benefit then a divorce solicitor can argue that the debt should be ‘’added back’’ to the assets of the person who incurred the debt.   Normally the divorce court will only add back non-family debt to the family asset pot if the expenditure was wanton and reckless.   Non-family debt can be a highly emotive topic. However, it is always important to weigh up the extra legal costs involved in analysing the debt and the benefits to be gained from pursuing the legal argument.   Your divorce solicitor should help you stand back from the situation to work out if it is in your financial interests to pursue the argument. It will all depend on the amount involved, how ‘’reckless ‘’ the expenditure was and the potential additional legal costs.   For help with divorce proceedings or financial settlement solutions and financial court orders please contact our divorce lawyers today.

Parental alienation is one of those topics that parents do not like to talk about. Many parents feel embarrassed if they are prevented from seeing their child after a separation or divorce. Parents worry that others will judge them, assuming that they must be at fault if they cannot see their children.   Lots of people assume that if parental alienation has taken place the parent who is not having contact with the children must have done something ‘’bad’’. However, the definition of parental alienation is one parent turning the mind of a child against the other parent and the child’s negative view of the parent not being justified by any parental behaviour but because of the deliberate or unintentional psychological manipulation of the child.   Top tips on how to deal with parental alienation Sometimes it is obvious to everyone involved with a child, from family to schoolteachers and health professionals, that parental alienation is taking place. In other families, the process is more subtle but just as insidious. For parents who fear parental alienation is taking place there are some tips on how to deal with parental alienation and maintain a relationship with your child. As a specialist Cheshire children solicitor who advises parents in high conflict court cases, I recommend that you:  Take legal advice quickly If you think, your ex-partner or former husband or wife is talking inappropriately in front of your child and that is creating tension in the relationship between you and your child it is important to act quickly.  If you wait then the situation may get to the stage that the child is so alienated that they say that they do not want to have contact with you. If you are not able to speak to your former partner direct then you could try speaking to a family member or you could suggest a referral to family mediation or to family counselling. If those options do not solve the difficulties, do not delay in taking legal advice and looking at the option of applying for a child arrangements order. If you delay in taking action then if the parental alienation behaviour continues it will become harder to resolve the situation and repair the psychological damage experienced by your child. Do not blame the child It is normal to think ‘’my daughter is behaving just like her mother’’ or to say ‘’ the apple does not fall far from the tree’’. When a child is playing up or refusing to speak to or see you, it is easy to transfer your frustration with the situation onto the child. After all, why can't your child stand up for themselves and demand more contact with you or why can't they at least look cheerful when they do see you. As frustrating as it is, blaming a child or showing your exasperation with the situation is likely to make the situation worse. Do not blame the parent When you get frustrated about parental alienation, it is easy to think that the solution is to tell your side of the story. In the process, you are likely to denigrate the other parent, and that is likely to make your child more insecure and anxious, and less inclined to have contact.  Do not walk away The statistics of how many parents lose contact with their children after a separation or divorce is appalling. Many of those cases do not involve parental alienation but nonetheless it is sometimes easy to think that your child would be ‘’better off’’ without you. Most children law professionals believe that a child needs and deserves a loving relationship with both parents, even if that has to be achieved through the making of a child arrangements order. Find time for other things in your life If you experience parental alienation, it is easy to obsess on your ex-partner and their behaviour. By doing that you can play into their hands. It is important that you find time to enjoy other aspects of your life during any children court proceedings. What will the court do if it thinks that parental alienation has taken place? If you make an application for a child arrangements order the court will carefully consider whether contact is in your child’s best interests. If a child is saying that they do not want contact because of parental alienation, the court can take some proactive steps to try to help you build a relationship with your child. In extreme situations, where a judge finds that the parental alienation has caused emotional harm and that the primary carer dos not understand the damage created by their actions, the judge can make an order to change the primary carer of the child. How can Evolve Family Law help you?   Evolve Family Law is a niche family law firm with offices in Cheshire and Whitefield, Manchester. Evolve Family Law solicitors provide advice on all aspects of family law. Our solicitors at Evolve are specialists in children or family finance law.   Whatever your children or family law concern, Louise Halford and the children law team at Evolve Family Law solicitors will work with you to help you reach a solution. To contact Louise Halford call her on +44 (0) 1477 464020 or email her at louise@evolvefamilylaw.co.uk

Evolve Family Law is delighted to announce that Claire Gatley has joined the Holmes Chapel office of Evolve Family Law. Claire Gatley is a Cheshire family solicitor and advises on divorce and cohabitation relationship breakdown, financial settlements, and children law cases. Claire joins Louise Halford, co-founder of Evolve Family Law and one of the North West’s leading experts on children law and child abduction at Evolve Family Law’s offices in Holmes Chapel. Claire, who is a Cheshire resident, is passionate about helping people resolve their family law and children access and custody issues after separation or divorce. Claire says ‘’ I have been made to feel really welcome at Evolve Family Law. It is lovely to join such a caring and friendly firm of solicitors. As a local Cheshire resident, I think it is brilliant that a firm like Evolve Family Law combines Manchester city centre legal expertise, up-to-date technology, with old-fashioned attitudes to client care and taking time with family law clients to listen to their needs and goals’’. ‘’Although I have only recently joined Evolve Family Law what really struck me, from day one, was how everyone cares about their colleagues and clients. That makes for a great working environment and a relaxing client experience’’. ‘’I have always had a passion for family law and for helping people. I am brimming with enthusiasm to help Louise Halford and the team at Evolve Family Law achieve the best  family law outcomes for clients , whether they are seeking a divorce, need to reach a financial settlement or require specialist legal advice on a child arrangements order or child custody’’.      Commenting on Claire’s move to the Holmes Chapel Cheshire offices of Evolve Family Law and the continued expansion of the family law team, Louise Halford said: “Claire Gatley is a very welcome addition to the family law team at Evolve Family Law. She has lots of enthusiasm, a ‘’can-do’’ attitude and a sunny, caring personality. That is evidenced by her willingness to go the extra mile with her commitment to charity fund raising having ran half-marathons and leaping out of a plane. I am confident that all our family law clients will really appreciate Claire’s caring attitude and hard work on their behalf’’.   ‘’The addition of Claire Gatley to the family law team at Evolve Family Law and our continued expansion plans put us firmly on the path towards becoming the first choice legal advisors for local clients from all backgrounds in Cheshire and Whitefield, Manchester.” Evolve Family Law Holmes Chapel office is located at 4 The Clock Tower , Manor Lane , Holmes Chapel , Cheshire CW4 8DJ. [related_posts]

Many parents think that school fees are covered by child support. That is a reasonable assumption as, after all, if your child attends a private school then the school fees are part of the financial support that they need.  The types of family maintenance payments Child support and family maintenance can be rather confusing as a parent can receive any of the following:  Child support through an assessment by the child maintenance service;  Child support through a top up child support court order – this order can only be applied for if the child maintenance service has carried out a maximum child maintenance service assessment; Child support through a family court order to cover any additional costs a child with a disability may incur; Payment of school fees through a court school fees order; Maintenance paid to a parent, referred to as spousal maintenance ;  Maintenance payable to help support a child and a parent and therefore a combination of child support and spousal maintenance. Global maintenance is paid through a court order. Are school fees covered by child support? School fee payments are not included in any child support payments that are determined by the child maintenance service. If the court makes a child maintenance order the school fees will not be included in the maintenance amount.  When the child maintenance service calculates child maintenance , they use a strict mathematical formula. This formula does not consider the costs incurred in caring for the child, or school fees, but focuses on the income of the parent liable to pay child support. If a child attends a fee paying school or a parent wants to enrol a child at a private school then either the school fees are paid: On a voluntary basis by the separated parent ; or An application is made to court for a school fees order. Will a school fees order cover the full amount of the school fees?   The school fees order will not necessarily cover the full amount of the school fees. A parent could be ordered to pay all of the fees or to contribute towards the school fees. The court will decide how much a parent should pay toward school fees based on both parent’s respective incomes and reasonable outgoings. The court will look at the affordability of school fees, taking into account the child support and any spousal maintenance payments that are payable as well as the payer’s other financial commitments, such as their mortgage payments. What happens if a parent says they cannot afford to educate a child privately? Prior to a separation or divorce, a child’s parents could have decided that it would be best for their child to be educated privately. Sometimes a parent will decide that they can no longer agree to their child going to a fee-paying school when the child reaches primary or secondary school age. Alternatively, a parent may say that the child should be withdrawn from their current private school and enrolled in state education. If the parents of a child cannot agree on whether their child should go to a private school or be state educated either parent can apply to court for a specific issue order. A specific issue order will state what school the child should attend. If the objection to private education is purely based on the affordability of the school fees then an application for a school fees order may be more appropriate. [related_posts] Can the court change a school fees order?  If the court makes a school fees order either parent can apply back to the court to vary the order, for example: A parent ordered to pay all the school fees may say that he or she should only pay 50% of the fees now that the other parent has had a pay rise and is on a similar salary; A parent ordered to pay all the school fees could apply to the court to terminate or stop the school fees order because of his or her suffering a reduction in income or an increase in their reasonable outgoings making the continued payment of school fees unaffordable.  The interplay between the child maintenance service, the court and child support, spousal maintenance and school fees orders can be tricky for parents to grapple with. It is always important that the topic of private education is raised early so that parental decisions can be taken jointly, or if parents cannot reach agreement, there is time to ask the court to make a specific issue order or school fees order before the start of the school term.  For legal help applying for a specific issue order, a school fees order or on any other aspect of children law please contact us