Family Law Guidance

When you are separating, a lot of words get thrown around including custody, contact, access, child arrangements, shared parenting and of course, co-parenting. I am sure that many parents' heads must spin with all the legal jargon. In recent years, one of the "buzz" words has been 'co-parenting'. What does co-parenting mean when you separate or divorce? Child Custody Terminology Perhaps the best place to start is with an explanation of all the children law terminology used to describe who the primary carer of a child is. As a children solicitor who has been representing parents in children law applications for over 20 years, I am old enough to remember the times that judges routinely made custody and access orders. I still refer to custody and access. That is because parents refer to custody and access. It is not surprising that they do, as the papers, television programmes and films all talk about custody and access. I suspect that is because the media and producers think readers and viewers are not up to date with new terminology. The law changed the name of custody orders to "residence order" and access to "contact order". Those labels didn't stick around for that many years. The current terminology for a children custody, access, residence or contact order is a 'child arrangements order'. What is a children arrangements order? A child arrangements order combines a custody and access order by specifying what time a child will spend with each parent. The terminology is meant to make both parents feel of equal value as in most family situations both parents share parental responsibility for their child. This means they have equal rights and responsibilities for their child. That is the case even if they do not spend the same amount of parenting time with the child. The rationale behind the change in terminology was to get away from the idea that there was one parent who should be labelled as "the parent with care" or the "primary carer" and an "absent pareant". What does co-parenting after separation or divorce mean? Depending on to whom you speak to, you will get a different answer about what co-parenting means after a separation or divorce. To me, co-parenting is about co-operative parenting. It is about parents sharing the care of their child after a separation or divorce. What co-parenting does not mean is a slavish equal split of time spent with each parent or an equal split of day-to-day responsibility for a child. What co-parenting does mean in practise is: Providing consistent parenting in both households, so that is some consistency of routine, of style, of style and types of discipline and of chore expectations. Communication between parents so that they know of issues in the child's life, such as a bad day at school or a falling out with a best friend. Discussion between parents so, for example, a child doesn't end up with 2 similar presents on their birthday but perhaps one joint one. Playing to parents' strengths and weaknesses. If a parent does not like football, but the child does, arranging contact around football so that the other parent shoulders the responsibility of taking the child to matches and shouting at the side-lines. Respecting the other parent and their role in the child's life, even if they do not spend an equal amount of time with the child. So, for example agreeing that a child can spend fathers' or mothers' day with the correct parent, whatever the parenting regime; or making sure a child has bought a birthday card or present for a father or mother. [related_posts] Co-parenting is all about sharing parental responsibility This can include child maintenance, but, just as importantly, it  can involve one parent supporting the other parent if they have made an unwelcome decision, such as limiting i-pad time to an hour a day or confiscated a mobile phone. The other important thing to remember is co-parenting can involve others, such as grandparents, stepparent or extended family. It can be very hard to think of others having a role in your child's life, but it is easier for the child if they can talk to you openly about life at home with their other family. As a children solicitor, I am often asked about changing parenting arrangements. We often forget that a child grows up and that the contact that works at age 8 may not suit the child's needs at age 13. Co-parenting therefore has to evolve with the changing needs of both the child and the family composition and location. After all, half siblings may arrive later to join a child in a household or a parent many have to move out of the area with their job. However a parents chooses to parent their child, I always recommend that when they are thinking about separating or divorcing, that they try to look at the parenting arrangements from the  perspective of the child's needs. Your needs may coincide with the child, but having a child-focus often makes it easier to agree on the custody, contact and parenting time. There are always some parents for whom co-parenting and agreeing on custody and contact is not an option for a whole variety of reasons. That is why, despite the changing terminology, there is always the last resort option of applying to court for a child arrangements order. For legal help with children law orders, custody and contact and parenting arrangements please contact us today

Deciding whether to separate is never straightforward, whatever your circumstances. Sometimes the decision is not of your making and that can be as difficult to come to terms with. At Evolve Family Law, we talk to clients who are: • Not sure of what they want to do; or • Clear that divorce is the right option for them; or • Have been separated for many years and want advice on changing or enforcing financial or children court orders. Many people are wary about taking divorce advice because they think they should know what they want to do before they see a solicitor. That is not the case. Experienced solicitors always like to discuss options so you can make an informed decision about what is right for you. Should we separate? That is a tough decision that only you can make. As experienced Manchester divorce solicitors, we can talk to you about your legal options and potential outcomes. Many people canvass views from friends and family when deciding whether to separate. Everyone has his or her own experiences and agenda but what Evolve Family Law will not do is push you into a separation or divorce. When should I tell my partner? Timing can be crucial, as you may want to think about making sure that you have access to funds, your paperwork and possessions before talking to your partner. You may also want to make sure that you or your partner can have space away from one another. For some people that involves making sure they can stay with friends or family or that their partner can do so. If you are worried about your partner’s reaction, you may need an injunction. Talking to the children Ideally, parents should talk to children together so that the children know that both parents are going to continue to look after them, but in separate households. There is a lot of information and support available for both parents and children to help parents answer children’s questions in an age appropriate way. Leaving the family home It is always sensible to take legal advice from a Manchester divorce solicitor before leaving the family home. Many people think that if you leave the family home you will lose your claim to a share of the property. That is not the case but the decision to leave the family home can have a big impact on the children and on how long it can take to reach an agreement. Legal advice is therefore key to making the right decision, rather than feeling pressurised or desperate to leave, as you do not know your options. Secure your computer and your documents If you take the decision is taken to separate you may want to keep some information private. Think about changing passwords for your phone, laptop or computer. At a later stage, you will need to provide your financial documents and paperwork. If you are concerned that your partner may remove your paperwork make sure that you put it in a safe place as it can take time to obtain duplicate information. Joint bank accounts and credit cards If you and your partner have joint bank accounts and credit cards you may want to think about making sure that funds are not taken from the accounts. Ideally, this is something that should be agreed. However, if you fear that funds could be taken then accounts can be frozen or overdraft or credit facilities reduced. Many couples who are able to split up on an amicable basis continue to use a joint account until they reach a financial settlement. This is not appropriate for all families. [related_posts] Maintenance and child-support People worry about paying bills if they split up from a partner. Ideally, after taking legal advice, you and your partner will discuss financial support to include spousal maintenance or child maintenance until you decide, on a long-term basis, how assets and property should be split. Taking advice from a Manchester divorce solicitor will help you know what is fair and reasonable. If you cannot reach agreement then mediation may help you sort out temporary financial arrangements. If you and your partner struggle to agree then the court can make temporary financial support orders. Whether you decide to separate, divorce or stay Evolve Family Law can help you explore your legal options so you can make an informed decision. For legal help with divorce proceedings and financial claims or childcare arrangements please call Contact Us Today

As a Manchester divorce and family finance solicitor I spend my days negotiating financial settlements or representing clients in divorce and financial court proceedings.   However, after many years of experience in family law, I appreciate that even after you have secured a financial court order it is not over until a husband or wife has received their divorce financial settlement. The high profile case of Farkhad and Tatiana Akhmedova really emphasises just how difficult it can be to enforce a court order and get the money after a divorce financial settlement. The case of Farkhad and Tatiana Akhmedova In 2016, an oil and gas tycoon, Mr Akhmedov, was ordered to pay about 40% of his wealth to his wife, Tatiana. The award by the high court in London was hailed as one of the biggest divorce settlements at the time that it was made .That is because the Russian billionaire had been told by a London judge to hand over about 453 million to his ex-wife. Roll on two years; Mr and Mrs Akhmedov have hit the headlines again. Mrs Akhmedov has finally received some of her divorce financial settlement. The path to her getting the money has been far from straightforward. Mr Akhmedov reportedly did not agree with the court decision, believing it to be wrong. That left Mrs Akhmedov with a financial court order that said she should get a 90 million-art collection, property in England worth 2.5 million, a £350,000 car and a 350 million cash payment. However, the reality was that she had little more than a piece of paper from the court that was only worth anything if it could be enforced. Applying for a freezing order after the settlement As Mr Akhmedov had not complied with the financial court order and handed over the cash and property in accordance with the financial court order Mrs Akhmedov applied for a freezing order. She then employed specialist asset tracers to try to locate and unravel ownership of assets to ensure that she got her financial settlement. Although the figures for Mr and Mrs Akhmedov are eye watering it is nonetheless the case that freezing orders have to be considered either during or after financial court proceedings. After all, there is little point in obtaining a financial court order if it cannot be enforced because the assets have disappeared through sale or transfer to third parties. Recovery of assets after the divorce settlement The asset tracers employed on behalf of Mrs Akhmedov have recovered a helicopter that was used to transport people to Mr Akhmedov’s yacht. It is reported that the sale of the helicopter has raised just under 5 million. The yacht is impounded in Dubai. There is ongoing legal argument over seizure of the 300 million super yacht and the recovery of other assets. Enforcing the court order You may wonder why Mr and Mrs Akhmedov are locked in such an expensive court battle. The rationale behind Mr Akhmedov’s objection to complying with the London financial court order is, at its simplest, that he does not believe the London high court had jurisdiction to make the financial court order for a variety of reasons. Furthermore, Mr Akhmedov maintains that the assets are held in trust or by companies and therefore the financial court order cannot be enforced against them. Enforcing court orders: getting the money after a divorce financial settlement You may question how the case of Mr and Mrs Akhmedov is of relevance to anyone other than Russian oligarchs. However, the principles of enforcing court orders and getting the money after a divorce financial settlement are just the same whether you are seeking to recover multi millions or thousands of pounds. [related_posts] Tips on enforcing court orders after a financial settlement In my experience when it comes to getting your money after a financial court order it is sensible to: Plan ahead : ideally you should take legal advice before you separate so that you know where you may stand financially ; Get a tenacious solicitor : you will need a solicitor who is proactive and a specialist family lawyer if you need to try and find assets during the financial court proceedings and recover assets after the financial court order has been made; Think about enforcement and recovery when negotiating the financial settlement: sometimes you want the holiday property in Barbados as part of your divorce settlement. It does however reap rewards if you think about how easy it will be to enforce the court order before you finalise the financial settlement; Take advice on injunctions to preserve assets: if you fear your spouse will deliberately sell or transfer assets to defeat your financial claims you can apply for what is known as a section 37-injunction order; Take care with the wording of the financial court order: make sure that the order is expertly drawn up to help with enforceability. For example , if the court order says the family home is to be sold anticipate issues and have clauses put in about how the sale price will be determined or what happens if you receive offers on the property and cannot agree on the sale price; Do not delay: if you have a financial court order and it has not been complied with in the court ordered timetable do not delay in enforcing the court order. Delay may be very prejudicial to you, for example if your spouse is at risk of bankruptcy or might leave the UK making it harder and more expensive to trace assets. It goes without saying that as well as needing a tenacious divorce and family finance solicitor you also need to be equally tenacious and patient. These are skills that Mrs Akhmedov has probably had to learn since her 2016 financial court order. For legal help with financial claims in divorce proceedings or enforcing financial court orders please Contact Us Now

Many mothers think of themselves as single parents. Many of those mothers will not legally be sole parents as they may share parental responsibility for their child. Parents often ask me how they can get or lose parental responsibility for their child. In this blog I answer the question "can a father lose parental responsibility for his child?" We are Cheshire children solicitors If you have a question about parental responsibility or can't reach an agreement over custody and contact and want to make an application to court then the experienced team of children solicitors at Holmes Chapel and Whitefield based Evolve Family Law solicitors can help you. Contact us today Mothers and parental responsibility Mothers automatically have parental responsibility for their child so usually parents want to know: Whether on separation or divorce a father has parental responsibility for his child; and If a father doesn’t have parental responsibility for a child how he can get it; and If a father does have parental responsibility for his child, whether he can be made to surrender his parental responsibility.   What is parental responsibility? Understanding what parental responsibility means is essential in order to know whether you should have it or if you need it and if parental responsibility can be lost. Parental Responsibility is the obligations and responsibilities a parent has for a child. If a parent has parental responsibility for their child, they will: Have a say in how their child should be brought up and in making major parenting decisions such as should the child change school, move abroad to live  or change religion; Have a right to receive certain information, such as school reports and copy medical records ; and Have the ability to consent to matters on behalf of their child, for example, consent to medical treatment for a young child.   Who has parental responsibility for a child? In order to know if you can make an application to court for the other parent to lose their parental responsibility you first need to know who has parental responsibility and how you can get it.   A person has parental responsibility for a child if they are: The birth mother; The adoptive parent of a child; The father of a child who Is or was married to the child’s mother; If the child was born after the 1 December 2003, and the father is named on the child’s birth certificate; Has signed a parental responsibility agreement with the child’s mother; Has a parental responsibility order. Looking after a child under a Residence Order; Parents via a surrogacy arrangement and have a parental order; A step parent of a child who has a parental responsibility agreement or court order.   How do you get parental responsibility? If you do not automatically have parental responsibility for your birth child you can get parental responsibility through: Signing a parental responsibility agreement with the mother; Applying to court for a parental responsibility order.   How can a mother lose parental responsibility? A mother can only lose parental responsibility for her child if the child is adopted.   How can a father lose parental responsibility? If an unmarried father has gained parental responsibility by parental responsibility agreement or court order then an application can be made to court to remove his parental responsibility for the child.   The court will only terminate a father’s parental responsibility if the circumstances are exceptional and the termination of parental responsibility is thought to be in the child’s best interests.   Applying to remove parental responsibility Applying to court to remove a father’s parental responsibility is rare, as the court has said that they will only remove a father’s parental responsibility if the circumstances are exceptional. The court will not terminate parental responsibility if: The child doesn’t want contact; or The father won’t see the child ; or The father won’t pay child support; or The father will not play any part in the child’s life and has ‘disappeared off the scene’.   Behaviour to terminate parental responsibility The court has always said that behaviour to justify terminating a father’s parental responsibility has to be exceptional or extreme. Being an absentee or inconsistent father is not considered exceptional or extreme.   A recent case resulted in a father losing his parental responsibility. The high court made the decision after hearing that the father referred to his autistic son as ’retarded’, used his parental responsibility to delay medical treatment for the child and had written to the mother’s neighbours referring to the child in unpleasant terms. The court thought continued behaviour of this nature would be damaging to the child.   Can a father lose parental responsibility for his child? To answer the question, yes, a father can lose parental responsibility for his child. However, this type of court application is very rare and generally, it is better that parents focus on resolving the day to day practicalities of parenting children after a separation or a divorce. That may involve shared parenting or a mainly absentee father who frustratingly wants to dip in and out of the child’s life. Even though the court will not normally strip a father of his parental responsibility there are various orders that judges will make to protect children such as child arrangements orders, specific issue or prohibited steps orders. These types of children law order do not go to the extreme of removing parental rights but can significantly limit the role a father can play in a child’s life provided it is in the child’s best interests for the father’s involvement in the child’s life to be restricted. [related_posts] If you are worried about parental responsibility or need a parental responsibility agreement or parental responsibility order or help with sorting out  custody and contact  then the expert team of children solicitors at Holmes Chapel and Whitefield based Evolve Family Law solicitors can help you. Contact us today

Whether parents are together or apart it is all too easy to fall out over the parenting of children. Sometimes it is something little like why one parent thinks it is ok to let the children put their shoes on the sofa or eat pizza every night of the week, ignoring the 5 a day rule. It is a lot harder to reach an agreement on parenting if you are separated. There can be a lot of miscommunication or assumptions made that can turn what was a relatively minor disagreement to a full blown argument, often including a debate on the other parent’s failings whilst you were living together. When this comes to gender identity in children and the law, it is often necessary to involve a children law solicitor. As an experienced Manchester children solicitor, I know this description will ring true with many families, though their big issue might be homework or the shoes off at the door rule. Imagine though if the issue with your child was bigger? It used to be the case that when parents separated the ‘big issue’, after sorting out custody and access, was whether the children should be privately educated or not. Sometimes the argument was about the money for school fees but often it was an ideological argument with one parent being opposed to all forms of private education as a matter of principle and the other parent analysing school exam results in state and private schools and concluding that private education was best. Nowadays the parenting debates and disagreements have moved on to new topics, though the old battle areas of diet and homework are still very much alive. The new topic is gender identity. If a child questions their gender identity then it is tough for any child and their parents but particularly so if the child’s parents are separated and they can't put differences aside to co-parent together or one parent has very strong views on their child’s gender identity and objects to a referral to a specialist service. Gender Identity in Children: Children Gender Identity In The News The topic of gender identity in children was in the news recently with reports that the National Health Service specialist service for children wanting to change genders has seen a 700% increase in referrals over the past 5 years, with Polly Carmichael, director of the National Health Service gender service telling the Sunday Times that some children may be caught up in something, rather than it being an expression of something that has arisen from within. Children and  gender identity is likely to continue to hit the headlines , with reports that in one secondary school there are 40 children who do not identify with their sex at birth and a further 36 who would describe themselves as gender fluid. These figures come from a council survey of children at the state comprehensive school. It is therefore likely that increasing numbers of parents will face difficult decisions as to whether treatment should be explored and, if so, at what age. But what about the parents that just can't agree on what their child should eat or time they should go to bed, let alone their child’s gender identity. If 2 parents can't agree on what is best for their child then what are the legal options? Gender Identity in Children and Applying For a Specific Issue Order Or A Prohibited Steps Order If 2 parents can't reach an agreement on the parenting for their child, and in particular on what steps, if any, to take about the child’s gender identity then either one of them has the option of starting court proceedings  for a specific issue order or a prohibited steps order. Court proceedings should be used as the very last resort after all over attempts have been made to try and agree the way forward. If the parents ability to communicate with one another has been lost then professional help such as: Mediation; or Family therapy; or Individual therapy Can help resolve parenting disputes or at least ease communications even if the parents can't agree on an important aspect of their child’s life. If a court application is made for a specific issue order the parent is asking the court to decide on a specific issue, for example, whether the child should be allowed to attend the National Health Service specialist gender referral unit. If a parent of a child has agreed to the child participating in therapy or starting to take medication and the other parent objects on the basis that the child is too young or for their own reasons  they can apply to the court for a prohibited steps order to stop the other parent from allowing the activity to happen. What about the child’s rights and wishes?   If a child is over the age of 16 they are presumed to have capacity to make their own decisions about medical treatment, even if is the treatment relates to their gender identity. If a child is under 16 the child may be able to consent to medical treatment if they are old enough to make an informed choice as a result of having sufficient intelligence and maturity to fully understand what is involved in the treatment. If parents can't agree on what is right for their child and court proceedings are started for a specific issue order or a prohibited steps order the court will look at a range of factors before deciding on whether or not the court order is in the child’s best interests. One of the factors that the court will look at is the child’s wishes and feelings. The views of an older or more mature child will obviously carry more weight than the wishes of a toddler or a 7 year old. How Can Evolve Children Law Solicitors Help in Gender Identity in Children? At Evolve Family Law we recognise that parenting is tough at the best of times, let alone when you are going through a separation or a divorce. That is why we provide help to parents who feel that they have reached an impasse with their former partner and need help to guide them through their family law options. Contact our expert children law team today For advice and information about any aspects of children law, parenting arrangements or specific issue and prohibited steps orders please  call me on +44 (0) 1477 464020 or email me at louise@evolvefamilylaw.co.uk           

Behaviour that a parent views as parental alienation may, to the other parent, be reasonable. Children solicitors and family judges do not always agree on what amounts to parental alienation either, because parental alienation is a very subjective concept. However when a parent’s attitude towards their ex-partner steps beyond the line it amounts to parental alienation. The debate is normally where the line is crossed and what should be done about it. The Definition of Parental Alienation Lord Justice McFarlane defined parental alienation as: ‘’The turning of the mind of a child against  a parent by the other parent , either deliberately or inadvertently , resulting in the child holding a wholly negative view of the other parent and that negative view not being warranted by the other parent’s behaviour to the family or in the parent - child relationship.’’     What Can You Do About Parental Alienation? If you think your children have been alienated from you because of comments or actions on the part of your ex-spouse or partner then we recommend that:   Reflect and take time to look at your behaviour. Have you made negative comments about the mother or father? If so, could they be aware of the comments and could that have escalated parental tension?     Analyse why the children may be feeling negative about contact. Could their attitude be in some way down to your behaviour or your new circumstances? For example have you had to rearrange many contact visits or not been able to get to school sports day? Do you have a new partner and stepchildren or have you moved home? Sometimes it is easy to blame your ex-spouse or partner for the children not wanting to see you. However sometimes it pays to be honest with yourself and look at whether the children’s views may be down to your behaviour or changes in your home circumstances.   Look at temporary alternatives to direct contact. If contact has stopped as your ex-spouse has said, the children do not want to see you, then still try to maintain contact. Even if you cannot see the children, you may be able to send text, emails, cards and gifts. It can be hard to keep sending notes and messages to a child and get nothing back but it is important to persevere. If your ex-spouse stops direct contact and you do not maintain indirect contact then it will be harder to restart the relationship with the children. It is hard to write and contact a brick wall but it is worth doing so that your children know that they are not forgotten.     Don’t delay If you think that parental alienation is taking place it can be hard to know what to do. Sometimes it is tempting to think that the best thing is to do nothing because you think the children will ‘’come round in time’’ or that your ex-spouse will mellow and let you see the kids. If a long time goes by without seeing the children it will be harder to restart contact. Even if you fear that you have left it ‘’too late ‘’ remember the adage that it is ‘’ never too late’’.   Take legal advice If your ex-spouse has stopped contact and it is down to parental alienation then take advice from a specialist children solicitor. Parental alienation can be difficult to prove and even trickier to sort out. It is therefore important that you get legal advice on your options.   Be open to alternative options If you get legal advice from a specialist children solicitor, they will not necessarily advise you to start court proceedings. Expert solicitors should look at a range of options and work with you to make sure that your relationship with the children is resumed as quickly as possible and without causing additional animosity with your ex-spouse. Alternatives to court proceedings for children orders include: Mediation Family therapy Counselling Round table meetings with solicitors   What Can a Judge do about Parental Alienation? If you start court proceedings and the judge decides parental alienation is a possibility, the following orders can be made: The appointment of a court appointed expert assessment to assess if parental alienation has occurred and the impact on the children ; A child arrangements order so you can have contact with the children. The contact could be built up gradually at the pace of the children; In extreme cases where a judge finds that the parental alienation has caused emotional harm the judge can change the primary carer of the child.     [related_posts] How can Evolve Family Law help you? Evolve Family Law is a niche family law firm with offices in Cheshire and Manchester. We advise on all aspects of divorce, family, and children law. All of our solicitors at Evolve are specialists in either children or family finance law. Our joint director Louise Halford has years of experience in representing parents in complex and highly emotionally charged children court proceedings. Many of her cases have involved allegations of parental alienation. Louise Halford tenaciously represents parents in children proceedings and secures children arrangement orders for access and contact in often highly complex and emotional cases. Louise Halford and the children law team at Evolve will work with you to help you reach a solution. Contact us today.

It is often assumed that divorce and family money in trust is the preserve of the ultra-wealthy but that isn’t always the case as was established by the court proceedings concerning Henry and Ellen Wodehouse. It is reported that the money placed in trust by the late Earl amounted to about £600,000 but the trust fund was a discretionary trust with 15 potential beneficiaries including Mr Wodehouse’s stepmother. Henry Wodehouse, the third son of the Earl of Kimberley, whose claim to fame was that he was the most married UK peer having tied the knot 6 times before his death , has hit the headlines as a result of his own divorce. Why is that newsworthy? Henry Wodehouse’s divorce has hit the headlines because the financial battle between him and his estranged wife centred on money held in trust, set up under the terms of his late father’s Will. The case of Henry and Ellen Wodehouse was the subject of media reporting after it was said that Mrs Wodehouse was reduced to living on her brother’s boat after losing a Court of Appeal case that centred on whether she should get a £90,000 payment. Trusts are also often thought of as ‘’old money’’ but in Mr Wodehouse’s case the money had been placed in trust by his late father, rather than generations earlier. When a family court considers divorce and trusts the court’s first consideration is whether the trust is a nuptial trust or a non-nuptial trust. If the court finds that the trust is a nuptial trust the court has wide powers and can change who benefits from the money in the trust. If the trust fund is found to be a non-nuptial trust then the family court powers are far more limited. Normally  the court would focus on awarding the spouse who was not a beneficiary of the trust fund all or a greater share of the family assets , on the basis that the spouse who was a discretionary beneficiary of the trust fund would likely receive either capital or income distributions from the trust fund. Sadly that solution didn’t work for Mrs Wodehouse as, other than her husband's very modest pension, there were no other assets as all the equity in the family home had been eaten up by secured debt, leaving the trust fund as the only asset of substance until the Court of Appeal ruled that the particular trust was of a type that could not be ordered to pay Mrs Wodehouse a lump sum payment or be ordered to pay the amount to Mr Wodehouse to then hand over to his ex-wife.   Mr and Mrs Wodehouse married in 1992 and separated in 2011. During the marriage   Mr Wodehouse had his share of financial difficulties, being made bankrupt in 1990 and 2010.  Mrs Wodehouse had health problems making working difficult. The couple went to court to sort out how their property and money should be split. It was ascertained that whilst they owned a family home there was no money in it as there was more debt secured against the house than equity in it. Where did that leave Mrs Wodehouse? The first judge said she should get a lump sum payment and a share of her husband's pension. Mr Wodehouse appealed to the Court of Appeal saying that he had no money to pay the lump sum and that the court could not expect the trust fund to pay the amount of £90,000 to Mrs Wodehouse. His barrister argued that the trust fund was a discretionary fund, Mr Wodehouse had no entitlement to the trust money and the trust had not been a party to the original financial court proceedings. The Court of Appeal, whilst expressing sympathy for Mrs Wodehouse’s financial predicament quashed the lump sum payment but it did maintain the pension sharing order that provides for Mrs Wodehouse to receive half of her former husband's police pension. The income from the pension is modest and will not go anywhere towards discharging the reported family debt. How can Evolve Family Law Manchester Divorce Solicitors Help? The Wodehouse case is a cautionary tale but it should not deter spouses from making financial claims involving trusts. Equally the case highlights the importance of estate planning. Had the money not been placed in trust by Henry Wodehouse’s late father it is debatable as to whether the money would still have been available for Mr and Mrs Wodehouse to litigate over given the creditor’s claims but, through use of estate planning, money has been preserved. For legal assistance with trusts and financial claims on divorce or any other aspect of family law please contact us. Appointments available in Manchester and Cheshire.

You may get a call or a letter through the post asking you to go to Mediation to discuss the future arrangements for your children or to resolve whether you should sell the family home and how you should share the pension. That first contact with a mediation service can be very intimidating, not deliberately, but just because you perhaps have not initiated the contact with the family mediator or because you do not know what will happen at the first family mediation session. Keeping an Open Mind About Family Mediation Where do you start? Well as an experienced Manchester family finance and divorce solicitor I would say start with an open mind about family mediation. Some people think, from the outset, that mediation won't work for them because their spouse or ex-partner will be too difficult and won't be prepared to discuss or negotiate. You may be right but, in my experience, mediation sessions can result in even the most entrenched spouse coming round to a compromise. The question then is whether the compromise works for both of you. If so, the agreement that you reach in mediation can be converted into a binding financial court order that is approved by the court in divorce proceedings. Solicitors and Family Mediation Some people assume that solicitors don't believe in the benefits of family mediation. They assume that divorce solicitors want all divorcing couples to go to court to get a judge to decide how their money and other assets should be split. We're not like that, and we fully believe in mediation and support the process from beginning to end. We do however accept that ‘’one size doesn’t fit all’’ – we fully believe mediation is the right option for some couples, but accept that for others court or arbitration are the best routes to reaching a fair financial settlement. Why do I say that? Well, if I see someone who is worried that their spouse is hiding money or transferring property or investments to family members, all the indications are that family mediation isn’t appropriate and that financial court proceedings should be started as quickly as possible to preserve the family assets, and, if necessary, get injunction orders.      On the other hand, if I meet someone who has been invited to a mediation information and assessment meeting (MIAM) or to their first mediation session and they are feeling very daunted and a bit vulnerable because they don’t know as much about the family finances as their spouse then I see my job as to support the client through mediation support and not try and encourage them to start financial court proceedings. Ultimately, if mediation doesn’t work for the couple, court proceedings may have to be started but the non-court option should be explored first as , with a help from a Manchester divorce solicitor, the client can feel more empowered and less vulnerable during the mediation sessions. Mediation Support Often separating couples think that consulting a divorce solicitor and going to family mediation sessions are mutually exclusive. They are not as a divorce solicitor and family mediator have two completely different roles. As a Manchester divorce solicitor my job is to give you: legal information and advice about divorce proceedings ; and advice about the extent of your financial claims , for example , if you have a pension sharing order claim or spousal maintenance claim; and talk to you about the information and paperwork needed to help you reach informed financial decisions in mediation ; and the types of orders that a court might make if you or your spouse were to ask the court to decide on how your assets should be split – this isn’t to encourage you to litigate and go to court but to ensure that you can make informed decisions about any financial agreement that is discussed in mediation , bearing in mind the costs and risks of financial court proceedings ; and   Support between the family mediation sessions to help clarify what was discussed, review financial disclosure within the mediation sessions and explore your options; and If agreement is reached in the family mediation sessions and the mediator prepares a memorandum of understanding setting out the agreement in broad terms then converting the agreement and financial information into a draft financial court order and financial statement of information for a judge to then approve and make into a binding financial court order. Family mediation isn’t the easy option for spouses or solicitors as it takes a lot of courage for many spouses to attend mediation sessions. It also takes specialist divorce solicitors who are prepared to support you through mediation and work with the family mediator to give the mediation sessions the best chance of succeeding. Success often comes through a spouse feeling legally empowered in family mediation sessions by knowing what their legal rights are and having a divorce solicitor working for them and providing legal support in the background. Appointments are available in Manchester and Cheshire, contact us today. [related_posts]