Family Law Guidance

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  

Every fiancée (or rather their family solicitor) should ask the question, “What happens if you sign a prenuptial agreement and your husband dies?’’ before a prenuptial agreement is signed. This is because although prenuptial agreements record how assets will be divided should a couple separate or divorce, the agreement can also set out how much a spouse will receive if their husband or wife dies. The prenuptial agreement could state that a spouse cannot make a claim against the estate if the will is consistent with the terms of the prenuptial agreement. Many people query the point of putting in details of what a husband or wife will receive following their spouse's death, in the prenuptial agreement. After all, prenuptial agreements are about separation or divorce and wills are for death and estate planning.  However, as Manchester divorce solicitors we normally say that it is a good idea to detail what provision will be made available to a spouse in the event of a death. This is especially the case where there are children from earlier relationships to consider or where a spouse does not plan to leave their entire estate to their husband or wife. The Case of Mrs Hendry The widely reported case of Mrs Hendry is an excellent example of why it is important to have a prenuptial agreement and how it can assist if there is a claim against the estate. Mrs Hendry came from the Philippines to marry her husband. Mr Hendry already had two adult children from a prior relationship, the youngest of whom was twenty-one at the date of Mr Hendry’s death. The marriage between Mr and Mrs Hendry did not last. Mrs Hendry filed for divorce and asked the family court to give her half of Mr Hendry’s assets. Mr Hendry died before the family court decided how the money should be divided. Mr Hendry’s will left his estate to his children and Mrs Hendry was left a small pension. Negotiations started between Mrs Hendry and the two children. Mrs Hendry wanted half the estate of her late husband. The children initially offered her what she would have got under the couple’s signed prenuptial agreement. They later offered her a third of the estate. Agreement could not be reached between the widow and children, resulting in Mrs Hendry making a claim against the estate. Mrs Hendry asked the court to make ‘’reasonable provision’’ for her from the estate under the Inheritance (Provision for Family and Dependants) Act 1975. The judge rejected the claim because Mrs Hendry had not made the application within the six-month deadline from the date of grant of Probate. What makes the case interesting to Manchester divorce solicitors and lawyers advising on wills and claims against estates is that Mr and Mrs Hendry signed a prenuptial agreement prior to the marriage. The prenuptial agreement said, in the event of a divorce, Mrs Hendry would get a payment of £10,000 and a one-way ticket back to the Philippines. It is not clear from the media court case reports what, if anything, the prenuptial agreement said about what would happen if Mr Hendry predeceased Mrs Hendry. However, the judge dealing with the estate claim commented on the fact that the prenuptial agreement only made limited financial provision for her. In the case of Mrs Hendry, she was time barred from making a claim under the Inheritance (Provision for Family and Dependants) Act 1975. However, if she had not been time barred, the fact that she had signed a prenuptial agreement and was separated from Mr Hendry at the time of his death would have been weighed up, together with  the circumstances surrounding the signing of the prenuptial agreement and the needs of Mr Hendry’s children. [related_posts] What can we learn from the case of Mr and Mrs Hendry? There are some simple lessons we can take from this particular case: The importance of signing a prenuptial agreement, and preferably detailing what provision should be made on both divorce and death for a spouse (the estate provision is normally more generous if the couple are living together at the time of the spouse’s death); The need to review wills after a separation or divorce and, if necessary, amend them and/or provide a letter of explanation for testamentary bequests; The importance of complying with deadlines if you want to make a claim against an estate and the benefits of taking specialist legal advice.   For help with prenuptial agreements and financial settlements on divorce or claims against estates please contact us

It is difficult if you are getting divorced or are contemplating separating from your husband or wife, to answer the question "Can I give property to my relative?’’. On the one hand, you do not want your marital troubles to affect your decision to give money or property to a relative. On the other hand, you do not want your actions to appear as if you are deliberately trying to give assets away so your husband or wife will not be able to make a financial claim against the asset in any subsequent divorce and financial proceedings. Our Manchester divorce solicitors acknowledge that it is a tricky issue. What can be a genuine gift to a relative can be perceived as a clever ploy to reduce a divorce financial settlement. In other cases, a gift of property or money to a relative can easily be seen as a clumsy attempt to try to defeat a spouse’s financial claim. Take the case example of a husband transferring his share in a property investment portfolio to his wealthy brother, the week before the husband leaves his wife. If a husband or wife wants to make a claim against the property given away to an elderly or impoverished relative, the spouse can be viewed as greedy. Take the case example of a wealthy husband and wife, where the husband paid for his parent’s council home so his parents could own their own home and have security.   There are many examples of where either a husband or wife has given money to a relative, only to find that their spouse challenges the gift in later divorce financial proceedings. Take the real life case of lawyer, Melanie Panzone and her former husband and banker, Jonathan Read. He bought a holiday apartment in Panama for £300,000. Fair enough, you might think. However, ownership of the apartment was put in his mother’s name. Mr Read said it was a thank you for all his mother had done for him.    A family judge ruled that Mr Read beneficially owned the apartment. This meant the asset was brought into the equation in the divorce financial settlement. Mr Read’s mother disagreed with the ruling of the first and second family law judges. She has appealed the decision to the court of appeal.  If the court of appeal agrees with Mrs Panzone’s mother in law, then the holiday home apartment may be transferred back to her.  [related_posts] Property division in divorce: Can I give property to my relative? The case of Mrs Panzone and her ex-husband, Mr Read, and Mrs Panzone’s mother-in-law demonstrates what can happen if you give money or property to a relative, even if the transaction takes place prior to the breakdown of the marital relationship. Our Manchester divorce solicitors recommend that if you are contemplating a separation or are already going through divorce proceedings that you take expert legal advice before giving property or money to a relative. That is because if the gift is thought, by your ex, to be a device to reduce the size of their financial settlement, they could ask the court to set aside the property transfer and your relative could be invited to intervene in the divorce financial proceedings. That can add to the cost and the complexity of the financial proceedings.  Sometimes giving money to a relative whilst in the midst of divorce proceedings is the best way to resolve a financial impasse with your husband or wife. If you are not able to reach an agreement over whether a spouse should receive £x or £y as their financial settlement, the solution may be to give the difference to the adult children to fund a house deposit or to pay off part of their mortgage. After all, you may find with a bit of communication between husband and wife that they both planned to help their adult children with a lifetime gift. The key to successfully giving property to a relative is to: Take legal advice before making the gift – this applies whether or not you are contemplating a separation at the time that money or property is given away; Discuss your plans to give property to a relative with your spouse and other key family members; Record the agreement and the basis of the transfer of property to the relative – although the record of the agreement will not mean that your spouse cannot challenge the transfer it is evidence of the rationale behind the gift; If you are concerned that your spouse might challenge a large gift of money or property to a relative or the transfer of a large part of wealth into a discretionary trust then take legal advice on the option of a post nuptial agreement. The agreement could simply record that your spouse accepts that the transfer is a genuine gift to your relative or could be more wide ranging and set out how your remaining assets will be divided between you if you later decide to separate or divorce. A postnuptial agreement is just part of sensible estate planning, in the same way as making tax efficient lifetime gifts to relatives or making a Will.    For legal help with financial settlements and divorce, for help in intervening in financial proceedings or for advice on drawing up a postnuptial agreement please contact us

We are delighted to highlight that some good news has come out of Europe. New EU regulations have been set out to help protect children and parents involved in cross border child custody and access disputes. Protecting children in cross border disputes On the 25 June, the Council of the EU adopted a revision of a regulation setting out rules on the jurisdiction, recognition and enforcement of decisions in: Matrimonial matters; Parental responsibility matters; Intra-EU child abduction The council said that one of the main objectives of the revision to the EU regulation was to improve the current protection that EU directive gives to children in cases of cross-border children disputes, for example: Custody (nowadays referred to as residence or a child arrangements order in the UK ); Access rights (nowadays referred to as contact or a child arrangements order in the UK ); Child abduction. The focus of the new EU regulations is to ensure when resolving cross border children disputes involving more than one EU country that : The focus is on what is best for the child; Judicial co-operation between EU countries is faster and more efficient to make sure the child’s well-being comes first. It is anticipated that speedier court decisions will be made through abolishing the requirement for an exequatur (an intermediate procedure required to obtain cross-border enforcement). [related_posts] People often assume that EU law will not affect them and their families but statistically there are about 140,000 international divorces per year. It is reported that there are about 1,800 cases of parental child abduction in the EU. The number of international divorce cases rises each year as people become increasingly mobile because of work and travel opportunities. With the update of the Brussels IIa Regulation, the intention is that a child abducted by one parent from an EU country and taken by the parent to another country within the EU will be returned much faster to the country where he or she is used to living in. Top Manchester children solicitors have welcomed the new EU regulation but have issued a note of caution. UK families caught up in EU cross border disputes will only get the protection and assistance of the new regulation whilst the UK remains in the EU. Subject to Brexit, the additional protection may be short lived. That will not stop child custody solicitors from fighting to reunite parents and children caught up in cross border child custody and access disputes. The top tip if you fear child abduction or need to enforce a UK custody or child arrangements order across different border jurisdictions is to take early specialist child custody legal advice on your options and to act quickly. For legal help with child custody and access or child abduction please contact us 

When your child passes out of its toddler years and reaches the age of four, parents experience a sense of achievement. That is how co-founders, Louise Halford and Robin Charrot, feel about Evolve Family Law’s fourth birthday. Their law firm helps clients with all aspects of private family law, from divorce and relationship breakdown, to financial settlements, child custody,  nuptial and cohabitation agreements to Will writing, Lasting Powers of Attorney and estate planning. Just over four years ago, Evolve Family Law was little more than a pipe dream for the two busy Manchester city centre family law solicitors. The pair decided that not only could they set up a niche family law practice but that its ethos would be different; solicitors who put their clients before profit, really listen to their clients, be constantly ‘on-call’ and deliver great results, with the client the focus of all they do. Fast forward four years and Evolve Family Law has grown from a team of two to twelve, operating out of offices in North Manchester and Holmes Chapel, Cheshire. To what do Louise Halford and Robin Charrot attribute the success of Evolve Family Law? They say a combination of factors; divorce and family law clients who have spread the word to friends and family about Evolve Family Law combined with a fantastic team of solicitors and support staff who are all committed to making Evolve Family Law the success it is. Louise Halford, specialist child law solicitor, says ‘’ Robin Charrot and I knew that we did not want to create just another law firm. Our ambition was to create something different, a law firm that cares. Despite Evolve Family Law’s growth and evolution over the last four years into a thriving and expanding law firm, the passion to put the client at the heart of everything Evolve does is as strong as ever with the focus on dedication to client service and listening to clients to get the family law outcomes that are best for them’’.    When asked about the firm’s plans for the next four years Robin Charrot, divorce and financial settlement solicitor said; "Our goal is to make Evolve Family Law the first choice legal advisors for North West family clients from all backgrounds with its personalised, specialist expertise at affordable rates, delivered by approachable, friendly solicitors". [related_posts]

Most of us are gearing up to the school summer holidays, closely followed by the annual holiday to the sun with the children. Whilst the majority of us will not forget the children’s swimsuits or sun screen as we are rushing off to the airport , many separated or divorced parents will forget the ‘’holiday rules’’ when setting off on holiday with their children . Therefore, Evolve Family Law have put together this short guide to holidays abroad with children after separation or divorce. A Guide To Holidays Abroad With Children After Separation Or Divorce 1. Agreement to the holiday If you are a separated parent, you may think that no one can dictate what you do with your children during the time you get to spend with them. However, unless you have a child arrangements order that says the children live with you, it is necessary to have either your former partner’s written agreement to the holiday abroad or a court order giving you permission to take the children abroad on holiday. 2. Be prepared If you know that you need your ex-partner’s agreement to take the children abroad on holiday then be prepared and plan in advance so you have time to agree school summer holiday dates and get agreement in writing to your planned trip abroad. If you cannot get your ex-partner’s agreement then it still pays to be organised. That is because an application will need to be made to court to secure an order to give you permission to take the children abroad on holiday. 3. Take the paperwork With luggage allowances on some aeroplanes it can be tempting to only pack the essentials. However, evidence of your former partner’s agreement to your taking the children abroad on holiday is one of those essentials. You do not need reams of paperwork, a court order or the agreement is sufficient. Even if you do not take the agreement document with you, then as a minimum you should take a text or message confirming the agreement to the overseas holiday. Why? You may take the view that as your ex-partner has been brilliant about agreeing to your taking the children for a week abroad you do not need to burden yourself with extra paperwork. However, even if your ex has not alerted the airport police to a possible child abduction (yes, it does happen just as in the films) an airport official may start to ask questions if children are travelling abroad with one parent, especially where parent and child have different surnames. Airport officials are not there to trap travelling dads but to spot children being trafficked into or out of the UK. Whilst we can all understand the vital work officials do it is not pleasant to be caught up, with your children in tow , in delays at the airport because you did not take the paperwork with you . If you have a different surname to your child, you can think about taking a copy birth certificate or change of name deed, just in case questions are asked. 4. Communicate You may think that your ex-partner worries unnecessarily. They may well do. However, parents do worry if their children are abroad, even if they are with their mum or dad. The parent who is waiting for the children’s return to the UK may be panicking if they have not had a text from the children or if the flights are delayed. A quick message can not only avoid a fraught reunion between children and parent but can also avoid a parent refusing to agree to your taking the children away abroad again. [related_posts] If you need legal assistance with applying to take children abroad or advice on existing childcare arrangements or court orders then please contact us

Evolve Family Law is delighted to announce that it is all change again at Evolve Family Law with the arrival of Debra Lowy at the North Manchester branch of Evolve Family Law . Debra Lowy is a solicitor specialising in all aspects of private family law, from divorce and relationship breakdown, to financial settlements, and to child custody cases. Debra joins Robin Charrot, co-founder of Evolve Family Law and one of the North West’s leading experts on prenuptial agreements and financial settlements on divorce, at Evolve Family Law’s new North Manchester offices. Debra, who is a Prestwich resident, has over 25 years’ experience in divorce, financial settlement and child custody law, including at partner level. She is full of enthusiasm about her new role at Evolve Family Law. Debra says ‘’ it is great to join Evolve Family Law North Manchester office to help spread the word about Evolve Family Law and the services it offers. As a Prestwich resident, I think it is vital that North Manchester can compete with the likes of the city centre in Manchester in offering specialist professional service firms, whether that is accountancy, financial services or legal services. ‘’In my opinion, what marks Evolve Family Law out as different to your average law firm in either the suburbs or the city centre is that the client is at the heart of everything Evolve do . Some may call that just good old-fashioned service and I guess that is what it is, combined with a passion for family law. That dedication to client service and listening to clients to get the family law outcomes that are best for them matched my own ethos and approach to family law. ‘’ Evolve Family Law offers a personalised, local alternative to the large city-centre firms whilst being able to provide city-centre specialist expertise at affordable rates. That ethos really fits with my style of providing approachable but astute family law legal advice. If you are going through a relationship breakdown , worried about child custody , or concerned about who will get the house in a divorce split then you need the best possible advice and support to help you move on with your life. That is where I can help you. Commenting on Debra’s move to Evolve Family Law and the continued expansion of the firm, Robin Charrot said: “Our aim is to establish Evolve Family Law as the “go-to” divorce lawyers in North Manchester for all areas of family and private client law. Debra has really impressed us with her experience, enthusiasm, common sense and empathy. I’m sure Debra Lowy will help us to become the first choice legal advisors for local clients from all backgrounds in North Manchester.” If you would like to speak to Debra Lowy at Evolve Family Law please contact us [related_posts]

When a relationship breaks down parents need to reach an agreement on contact arrangements for their children. If they cannot do so, a family court judge can make a child arrangements order settling with whom the child should live and the contact arrangements. Child law advice can help parents avoid child arrangements order court proceedings by helping them reach an agreement. Agreeing child contact after separation or divorce Most of us like to think that if we were to split up from our partner we would still be able to communicate over the kids and sit down and sort out contact. However many separated or divorced couples find it hard to reach agreement on contact. They often need child law advice to help them reach a resolution and avoid court proceedings. Some parents worry about asking for children law advice, thinking that a solicitor will just recommend making an application to the family court for a child arrangements order to sort out residence and contact. The reality is that not all children law solicitors are like that. Most good children law solicitors will help a parent look at the contact options by considering contact from your ex-partners or child’s perspective, looking at the practicalities of what you both want, and advising on the sort of child arrangements order that a court might make if either you or your ex-partner were to make a court application. Shared care and equal parenting You may think that there is only one contact arrangement that will work for you and your family. Perhaps you know other separated families and the children all live with one parent with the other parent has alternate weekend contact. If your ex-partner wants to share the care of the children, and you do not know any other separated families that do that, their proposals can seem unworkable. However, parents can agree to and courts can order shared parenting of children. Shared care does not have to mean that children spend an equal amount of time with each parent. Shared care can involve overnight mid-week contact and the sharing of school holidays. Often the question of whether shared care and specific proposed contact arrangements will work for a family will hinge on practical considerations. For example, the distance of the school commute from both parent’s homes and both parent’s ability to communicate over mundane items, such as whether the school homework has been done or the washing and the handover of the school PE kit. A good children law solicitor can act as both a sounding board for shared care and contact proposals as well as advising on what a court is likely to order, after assessing your child’s needs and the family circumstances. Whilst parents always know their child’s needs best if it comes to court proceedings a judge will carry out their own assessment and make a child arrangements order. That is why good children law solicitors recommend trying to agree contact after a separation or divorce so parents remain in control, rather than the court.   Shared parenting – a campaign for law reform Campaigners are asking the government to change child custody law so there is a legal presumption that in every case where a mother and father separate or divorce, the mother and father will share the parenting of their children. Campaigners are calling for the start point when sorting out custody of children after a separation or divorce to be that children should spend roughly an equal amount of time with their mother and father. The campaign is supported by a recent YouGov survey in favour of shared parenting. Eight out of ten of the two thousand people who took part in the survey agreed that there should be a presumption of shared parenting after a separation or divorce unless the family situation meant there was a proven risk to the child of joint custody. [related_posts] Legal advice for child custody Manchester child custody solicitors say it is important that parents who want to agree contact after a separation or divorce take legal advice on child custody and contact. That is because communication between parents in the early days after a separation or divorce, can make a vast amount of difference to what contact arrangements can be agreed or the court is prepared to order. Child custody solicitors know that when it comes to either agreeing contact or asking a family judge to make a child arrangements order the presentation and preparation of your proposals is the key to success. In the future, for those parents who want to share the care of children after a separation, making the case in court for shared parenting may become easier if the government makes changes to child custody law. In the meantime, parents need a child custody solicitor who will listen to what they want and advise on the best way of agreeing contact after separation or divorce. For legal help agreeing contact or on any aspect of children law please contact us