Family Law Articles & Advice

Read the latest articles on Family Law from our expert Family Law solicitors here at Evolve Family Law in Manchester & Cheshire.

We put a lot of family law legal information on our website and if you have a single question about your situation, you should find an answer in this blog.

If you need a greater level of help, please contact us and one of our team will call you to make an appointment.

Divorcing a Husband or Wife with a Mental Illness

Divorcing a Husband or Wife with a Mental Illness

If your husband or wife has mental health issues it is natural to be concerned about whether you can get divorced and the impact of the divorce proceedings on your spouse. In this blog, our North West divorce solicitors examine the difficult topic of starting divorce proceedings where your husband or wife suffers from a mental health illness. For expert family law advice call our team or complete our online enquiry form. Starting divorce proceedings when a spouse is mentally unwell If your husband or wife is mentally unwell it may have nothing to do with the reasons behind your decision to separate or it may be a contributing cause. Divorce solicitors always recommend that before divorce proceedings are started you take the time to reflect on the reasons for marital difficulties and to see if the problems can be resolved. For example, through couple or individual counselling, a spouse sticking to a medication regime, or other strategies. If a marriage has irretrievably broken down then it is right to be concerned about the impact of divorce proceedings on your husband or wife if they are unwell. Making sure they have access to support from friends or family or professional help from a counsellor is a good starting point. Whilst divorce proceedings may sound stressful the reality is that getting divorced does not involve going to a court hearing or needing to blame your husband or wife for the marriage breakdown in the court paperwork. That’s because, with the introduction of no-fault divorce proceedings, there is no need to say why you want to get divorced. All you need to do is file an application (either jointly with your spouse or on your own) and then follow the new divorce court process to secure a final order of divorce. Mental capacity, divorce, and family law proceedings If your husband or wife is going through a mental health crisis there may be a question mark about their ability to make decisions within family court proceedings, such as your divorce application, negotiating a financial settlement, or responding to your application for a child arrangement order. Your husband or wife may not have what is referred to as the ‘mental capacity’ to make decisions. In other words, they cannot understand the decisions they are making or the impact of their decisions. If this issue is raised then a medical professional will need to see if the person has capacity. Mental capacity is not straight forward as a person may not have capacity even though they are living at home whilst someone who is sectioned in a hospital may have the capacity to play a part in court proceedings. Mental capacity can be affected by a whole host of conditions such as a diagnosed mental health condition ( for example, schizophrenia or personality disorder) or severe alcohol or drug abuse, or through a physical condition that may impact capacity, such as a stroke or seizure. A loss of mental capacity can be temporary in nature or permanent, depending on the nature and the severity of the condition. Assessing mental capacity Mental capacity is assessed by looking at whether your spouse has an impairment of their mind and if the condition means they are unable to make specific decisions when they need to. To be judged capable of making a decision your husband or wife needs to be able to understand the information they are being given, retain the information, and then be able to weigh it up to make a decision. [related_posts] Litigation friends and family law proceedings If your husband or wife does not have the mental capacity to make decisions in divorce, financial settlement, or child arrangement order proceedings you can still go ahead and make your application but your spouse will need to be protected by the court appointing a person to act as their litigation friend. You can not be appointed as their litigation friend as there would be a conflict of interests but a friend of your spouse or a family member could be appointed. Their job is to talk to the person who does not have capacity, to instruct their family law solicitor, and to act in their best interests. For example, your husband or wife may say that you can have everything (the family home, business, pension, and savings) but their litigation friend should be looking at what would be a fair financial settlement for both of you as your spouse will need somewhere to live and the means to support themselves. If no family member or friend can act as a litigation friend, then the Official Solicitor may be appointed as your spouse’s litigation friend. The appointment of any litigation friend will end if a spouse can show that they have regained their mental capacity. Divorcing a husband or wife with a mental illness Divorcing a husband or wife who suffers from mental illness brings added stress for you. Sometimes it can feel as if your mental well-being is being ignored because your ex-partner’s needs are so great. At other times, you may be caught up in feelings of guilt or anger. You may have felt driven to start a divorce or commence financial settlement proceedings or be experiencing distress because you have applied for a child arrangement order as you are concerned about your ex-partner’s behaviour towards your child. Whatever the reasons behind your emotional stressors, it is important that you have the right support behind you, including help from a specialist divorce solicitor with experience in advising those caught up in family law proceedings where one husband or wife suffers from a mental illness or is experiencing a mental health crisis. For expert family law advice call our team or complete our online enquiry form.
Robin Charrot
Aug 07, 2023   ·   5 minute read
Family Law Solicitor Sarah-Jane Whittaker Joins the Evolve Family Law Team

Family Law Solicitor Sarah-Jane Whittaker Joins the Evolve Family Law Team

We are delighted to announce that we have expanded (again!) with the arrival of newly qualified solicitor Sarah-Jane Whittaker.   Sarah is the third of our new solicitor arrivals following closely on the heels of family lawyers Ellie Stokes and Eluned Roberts. Sarah will be mainly based at Evolve’s North Manchester office in Whitefield. She will work predominantly with Robin Charrot on divorce, financial settlements, and prenuptial agreements.   Robin Charrot says ‘It is no lie to say that I am really pleased that Sarah-Jane has joined the team in Whitefield. We were exceptionally busy so having an extra pair of hands is great news.   ‘Sarah is a recently qualified solicitor who is determined to specialise in family law. She has a particular interest in financial settlements. That’s good news as most of my family law work involves complex financial applications with disputes focussed on family businesses, trust arrangements, or complicated pension schemes. This type of solicitor negotiation and family litigation involves lots of documents and attention to detail. It, therefore, benefits clients to have Sarah-Jane working alongside me as well as managing her first caseload of no-fault divorces.   ‘With the arrival of young legal talent, like Sarah-Jane, Ellie, and Eluned, Evolve Family Law is investing in the future. After all, everyone at the office keeps telling me that I am not getting any younger with over 25 years of family law experience behind me. Evolve’s 2022 conversion to employee ownership has encouraged founders Louise Halford and me to invest in the next generation of family law solicitors so they share our ethos on what it takes to be a great family law solicitor and understand the importance of law as a service-led profession, here for our clients’.   Sarah-Jane has this to say ‘ After years of education and training in Cheshire and Manchester, including part-time studies whilst employed as a trainee solicitor, it is great to finally be a qualified solicitor in a niche family law firm.   ‘I love family law as I am a ‘people person’ and enjoy talking to clients about what matters to them. However, put an Excel spreadsheet in front of me and I am engrossed for the afternoon. Sadly, I also get excited about financial disclosure and finding hidden assets in financial settlement proceedings. That’s why it is working so well at Evolve Family Law as I can do some of the background work at a fraction of the cost of a senior lawyer so both the clients and I gain. It’s a win-win situation.   ‘As the first person in my family to go to university and work in a law firm, I think I have a greater appreciation than most about just how intimidating it can be to pick up the telephone to speak to a lawyer or to come to a first consultation. I aim to put everyone at ease so clients get the most out of talking to a divorce solicitor.’   If you need family law advice the expanded team of divorce solicitors at Evolve Family Law is here to help you.   For expert divorce, children law, financial settlement, and private client law advice call Evolve Family Law today
Robin Charrot
Jul 27, 2023   ·   3 minute read
One Lawyer Divorce for Amicable Separations

One Lawyer Divorce for Amicable Separations

Sharing Your Divorce Solicitor It is possible to separate amicably from your husband, wife, or civil partner and sort out no-fault divorce proceedings, agree on a parenting plan to record the living and contact arrangements for your children and achieve an agreed divorce financial settlement with a financial consent order – all through using a one lawyer divorce and family law service. For amicable divorce help call our team of specialist divorce lawyers or complete our online enquiry form. What is one lawyer divorce? One lawyer divorce is pretty straightforward – the separating couple uses one lawyer to sort out all the legal aspects of their separation and divorce, rather than each engaging their own divorce lawyer. One divorce lawyer advises you and your former partner and prepares all necessary legal documents on behalf of you both in your divorce and financial settlement. The benefits of one lawyer divorce One lawyer divorce can have huge benefits, such as: You both get the same information. This avoids misunderstandings and conflicting advice that undermines your common goal to resolve matters You pay for one lawyer rather than you each having to pay for separate lawyers. The lawyer is committed to helping you both resolve matters fairly and amicably, avoiding the need for court or duplicated legal fees You work together to get the information you need, such as help from a financial adviser or a report from a pensions expert You avoid delay, as the lawyer drafts all the legal paperwork and explains it to both of you. This avoids any delay or confusion that can occur with two divorce solicitors reviewing and amending draft versions of court documents. With one lawyer, you do not risk undermining and undoing all the efforts put into negotiating and reaching an agreement Is one lawyer divorce right for you? At Evolve Family Law we recognise that one lawyer divorce isn’t right for everyone. However, if you are looking for an amicable divorce then it may be good option for you and your spouse or civil partner. When looking at whether one lawyer divorce is the right way forward for you ask yourself: Are you able to work together with your ex-partner to resolve matters amicably? Are you both ready and able to have direct and open discussions? Are you both committed to working together to achieve a common goal to benefit your family as a whole? Are you both willing to be open and honest about finances and factual information? Can you trust your ex-partner to be honest with you? Do you want a cost-effective separation and divorce? If you are interested in our one-lawyer divorce service then the first steps are for you and your former partner to have separate meetings with your one-lawyer divorce solicitor, so they can confirm that the process is the best fit for both of you. As one lawyer divorce is not suitable for everyone, it is important that both of you and your divorce solicitor take the time to make sure that using one divorce lawyer is appropriate for you both. At Evolve Family Law our one-lawyer divorce service is provided by specially trained expert family law solicitors who comply with the principles, standards, and guidance from Resolution (an organisation for family justice professionals who work with families and individuals to resolve issues in a non-confrontational manner). [related_posts] Alternatives to one lawyer divorce There are many reasons why one lawyer divorce may not be the right option for you. That does not mean that the divorce solicitors at Evolve Family Law will not be able to help you; we will just need to help you in a way that is right for you and your family. One lawyer divorce may not be suitable for you if: There has been domestic abuse in the relationship. This could be physical or emotional abuse or coercive control There are or have been concerns about the safety of one of you or a child There is a high level of emotion and conflict There are concerns about the ability of either of you to freely and fully engage in the one-lawyer divorce process There are complex legal issues that cannot be resolved consensually Either of you is reluctant to disclose information Just because one lawyer divorce is not right for you, it does not necessarily mean you will have to engage in highly contentious, protracted, and expensive court proceedings. There are many other options available for couples to resolve matters amicably, such as: Solicitor negotiations – you and your ex-partner each appoint your own divorce solicitor and the solicitors then negotiate childcare arrangements or a divorce financial settlement and the solicitors work together to sort out the legal paperwork for you Mediation – a neutral impartial mediator can assist you to reach a mediated agreement with the help of mediation support from family lawyers Collaborative law – you still engage in open and direct discussions, but you each have a divorce solicitor who is specially trained to advise and support each of you. You all commit to resolving matters without going to court Early neutral evaluation – you ask an independent family law solicitor to indicate what they think is fair, to help you make decisions together on any issues that remain in dispute with your ex-partner Arbitration – an arbiter (independent judge) is appointed and they decide the outcome of any disputed issues. You are each represented by your specialist divorce solicitors during the arbitration process. The arbiter’s decision is binding, so that you get a decision in a process that is similar to court but it is quicker as it can be tailored to your circumstances How do I decide if one lawyer divorce is right for me? It is important that you have the opportunity to make an informed decision about what legal process is right for you when separating, to help you resolve matters and be able to move forwards. Expert advice at an early stage can help you decide if one lawyer divorce or any of the other processes are the right way for you to sort out the legal aspects of your separation for your family. Next steps We offer a fixed fee initial consultation in which we can discuss all legal and practical aspects of your separation and assess if one lawyer divorce is the best route for you to take. For amicable divorce help call our team of specialist divorce lawyers or complete our online enquiry form.
Robin Charrot
Jun 29, 2023   ·   6 minute read
Evolve Family Law Celebrates First Annivrsary as an Employee Ownership Trust

Evolve Family Law Celebrates First Annivrsary as an Employee Ownership Trust

It seems fitting that as Evolve Family Law marks its first anniversary as an employee ownership trust Friday 23 June is EO Day, promoted by the Employee Ownership Association.   In this blog, founder and family law specialist, Robin Charrot, takes a look back at the last 12 months and assesses what being an employee-owned company has meant for Evolve Family Law and its employees and clients. As one of the first law firms in the North West to become an employee-ownership trust, he also answers some of the frequently asked questions on the benefits of employee-owned companies.   For expert family and private client advice call our team or complete our online enquiry form.   What is an employee ownership trust? The simplest way to explain employee ownership trust to our clients is that Evolve Family Law is the ‘John Lewis’ of the legal world; all our employees are owners and partners in the business. Each employee still gets their salary each month but every member of the team is incentivised to make a success of the firm that they part own. If the firm does well, all of the employee-owners benefit financially. That applies to everyone; whether they are a family law solicitor, private client paralegal, or legal administrative assistant.   Does employee ownership trust bring any benefits to clients? The ethos of Evolve Family Law is excellent client service with the client put first and foremost. Evolve did not convert to an employee ownership trust lightly as we wanted to make sure it would add value for our clients as well as to our employees. It has, because although we were always a friendly bunch of people, everyone now has a direct interest in the long-term growth and success of the firm, and the best way to succeed and grow is for everyone to treat our clients well, to make them feel valued, and to get great results for them at competitive prices. With employee ownership trust status there is a real buzz about the office. There is confidence and ambition in the air. When we achieve success for a client, and particularly when they add to our collection of 5-star Google and Trustpilot reviews, the whole office feels a sense of achievement. With everyone being an owner, we can all speak up and suggest improvements to the way we do things. That may not sound very progressive but it is a cultural sea change when our legal assistants can be at the forefront of driving change to make us more efficient in our client service. It makes sense that our apprentices are coming up with great ideas as they are the future of the firm and know, from doing the hard work, how we can improve our systems and services for clients. Working for an employee-owned company Over the last 12 months Evolve Family Law has rapidly expanded with the recruitment of 3 extra family law solicitors to meet the growing demand for our services. We think that employee ownership trust status has helped us recruit some great new solicitors who were interested in joining Evolve partly because of the opportunity of working in an employee-owned company where their voice would be heard and they would not just be a ‘pen pusher’ but an owner with a future in the firm. One of the things that family law clients hate is if a solicitor leaves a law firm and they have to change solicitor. We hate that as well although accept that sometimes people have to leave us for family or other reasons. We believe that becoming an employee ownership trust helps gel us as a team and that one of the significant benefits for both Evolve and our clients is staff retention as everyone has a say, makes a difference in the business, and financially benefits from the firm doing well. That isn’t something that you get in most law firms. [related_posts] A founder’s perspective on Evolve converting to an employee ownership trust Evolve was founded by solicitors Louise Halford and Robin Charrot in 2015 after both decided that they wanted to set up a niche family and private client law firm with a difference. After both working in large commercial law firms in Manchester and Cheshire it was a refreshing change to start from scratch to create a firm that they were both immensely proud of. Robin Charrot says ‘ Evolve was rather like my fourth child – carefully cossetted with vast amounts of time spent in helping it grow. As a founder member with Louise, it has been a privilege to watch Evolve develop into the firm it is today. The easiest thing would have been to have done nothing – just stay as the ‘bosses’ and not ‘evolve’, or ‘sell out’ to a bigger law firm, or Private Equity. We knew that wasn’t the best option for our clients or the firm’s loyal employees. The last 12 months have been transformative for all of us. I no longer see Evolve as ‘my baby’ but as the product of co-parenting by the team at Evolve. The decision to become an employee-owned company has secured Evolve’s long-term future as one of the premier North West law firms and we have the Employee Ownership Association to thank for helping us on our journey to becoming an employee ownership trust’.  Louise Halford adds ‘ When you set up a law firm you feel a tremendous sense of responsibility to your employees and your clients. That’s why becoming an employee ownership trust was such a big deal to me. I wanted to secure the firm’s future so that in 20 or 30 years the sons and daughters of our current clients can come to us for their prenuptial agreements and estate planning advice. To me, the best way to secure the future of Evolve and make sure that we adapted to change was to trust our employees. The last 12 months have proved that we were right to place our trust in them and the support of the Employee Ownership Association’.      For expert family and private client advice call our team or complete our online enquiry form.
Robin Charrot
Jun 23, 2023   ·   6 minute read
Can I Change the Locks if I am Separated?

Can I Change the Locks if I am Separated?

As family law solicitors we are often asked whether it is OK to change the locks to the family home. Sometimes we are asked this question before a husband, wife, civil partner or unmarried partner has decided to separate. On other occasions, the locks have already been changed and an ex-partner has already been excluded from what was their family home. For expert advice on family law call our team of specialist divorce lawyers or complete our online enquiry form. Separation and changing the locks Locks are a hot topic as emotions, trust, and control issues can all be engaged when the subject of locks and access to the family home is mentioned. A lot of people assume that if the locks to the family home are changed that means the excluded spouse, civil partner, or cohabitee loses their legal rights or financial claims over the property. That assumption isn’t correct. A change of locks does not confer ownership of a property on the spouse or partner who now controls access to the property. Your property rights will depend on your legal status – whether you are a spouse or civil partner or whether you were in an unmarried relationship. For spouses and civil partners, property rights stem from family law. For unmarried couples, their family home rights stem from an interpretation of property and trust law. If you cannot agree with your partner on whether a house should be sold, or transferred to you or your ex-partner, then the court can decide on the appropriate order. In urgent cases involving domestic violence or abuse, the court can make a temporary injunction order to exclude a partner from the property. The court can then decide on long-term property ownership at a later date. Changing the locks if you own the property Some people assume that if they own the family home in their sole name, they can change the locks and exclude a spouse. That is not right. A spouse has a right of occupation in a family home, whether the property is owned in joint names or not. Whether or not the locks have been changed any financial claims to the house continue until there is an agreement or a family court order. Another common assumption is that it is OK to change locks once a spouse has left the family home as once the decision to leave has been made by them then they cannot change their mind and come back. That is not correct either. In some situations, a homeowner may ask their family law solicitor about changing locks as they want to feel in control of a property. In other cases, there are genuine worries either over privacy or personal security. If it is accepted that one spouse should leave the property then it is usual to agree that, whether they retain the key or not, they will only return at an agreed time and for a reason. For example, to collect remaining items. If there are concerns about personal safety and domestic violence the court can make an injunction order setting out who can occupy a family home until a long-term decision is made on whether or not the house should be sold or transferred to one spouse or partner. [related_posts] Changing the locks when you have children Where there are children there is often an argument that a spouse or partner should retain a key so that they can come and go to see the children. Whether that works all depends on how a couple has managed their separation. In some scenarios, both adults and children are comfortable with mum or dad returning to put children to bed with a book or to babysit but, in other families, continued key access can give very mixed messages to both adults and children and cause anxiety. It is important to talk to a family law solicitor about property ownership and locks and to reach an agreement on whether locks are changed or not. You may need to discuss whether you or your ex-partner can get access to the property until the financial settlement is reached. Locks and reaching an agreement over the family home The hot topic of locks should not distract from what is often the equally emotional but trickier issue of sorting out what will happen long-term with the family home. The obtaining of estate agent appraisals and exploration of mortgage options enables a separated couple to make well-informed decisions about what they want to happen to the family home on a long-term basis. Those decisions can be made by the couple with the help of their family law solicitor or during family mediation. If an agreement cannot be reached then whether you are a spouse, civil partner, or former cohabitee, the family court can be asked to sort out who is entitled to enter the property and live in it on a short and long-term basis. What is important to realise is that changing the locks to a family home does not confer property ownership as that is all down to agreement or the court order. For expert advice on family law call our team of specialist divorce lawyers or complete our online enquiry form.
Robin Charrot
Jun 13, 2023   ·   5 minute read
Woman meeting notary for advice

How do I get a Financial Court Order?

Applying for a Financial Court Order when you Have Reached a Divorce Financial Agreement If you have reached an agreement with your ex-husband or your ex-wife about how your assets will be split after your divorce you may question if you need a financial court order. A divorce solicitor will tell you that a court order is necessary and explain what could happen if you don’t obtain an order. For expert advice on divorce and family law call our team of specialist divorce lawyers or complete our online enquiry form. Why you need a financial court order If you have reached a divorce financial settlement by agreement, you still need a financial court order. There are several reasons why you need an order: It gives you financial security – if your ex-partner changes their mind and wants more than you originally agreed upon you can rely on the court order to prevent additional claims for cash. For example, your ex may say the original agreement was unfair because the value of your business has gone up more than the equity in the family home or that they need more because they did not get a share of your pension when they negotiated the financial deal You can enforce a court order – you may think that your ex-spouse won't breach your agreement but, for example, if you agreed that the family home would be sold, they may be reluctant to sell the property if it means they have to downsize. A court order can include the mechanics for the sale and if a spouse is resistant to a sale the court can order that a judge has the authority to sign the transfer documents. You may think it unlikely that you will need to enforce an order but situations change, such as your ex-spouse or you meeting a new partner, and that altering the dynamics Pensions – if your financial agreement includes pension sharing the pension administrator is not allowed to implement your agreement until they have a financial court order, pension sharing annex, and the final order of divorce   Third parties – you may need a financial court order where third parties are involved. For example, if one of you is at potential risk of bankruptcy with the involvement of a trustee in bankruptcy. For example, if a mortgage company will only transfer the mortgage into your ex-spouse’s sole name if the transfer is made under a court order or if there is a spousal maintenance order so your ex-spouse can persuade the mortgage company that they have enough income to be able to take the mortgage over on their own Clean break – some financial agreements include a clean break to stop any future financial claims by you or your ex-spouse. If you have negotiated a clean break, it is important to have the security of a binding financial court order that endorses and confirms the clean break [related_posts] Applying for a financial court order If you have reached a financial agreement through direct discussion, solicitor negotiations, or family mediation there is normally no need to go to a court hearing to get your financial court order. Your divorce solicitor can send the paperwork to the court for approval and, in the vast majority of cases, a judge will agree to make the financial court order with no alterations to the draft order or only minor ‘drafting tweaks’. Broken down into stages, to obtain a financial court order you have to: Check there is an agreement that is capable of being made into a financial court order – if you negotiated your agreement direct then your divorce solicitor can check your agreement for you Check if the court can make a financial court order – the court can only make a financial court order once you have obtained a conditional order of divorce. If you got divorced some time ago and have a decree nisi of divorce the court can still make a financial court order Check if any relevant third parties are OK with the agreement. For example, the mortgage company if a house and mortgage are going to be transferred into one spouse’s name or a pension administrator if a pension sharing order is being requested Draw up the draft financial court order and exchange it with your ex-spouse’s solicitor and make any changes needed Swap statements of financial information summarising your assets and income. These statements are filed in court with your draft financial court order. The court will not approve a financial court order unless these statements are prepared and filed Send the draft financial court order to any relevant third parties. For example, to a pension administrator for their approval of the wording of the pension sharing order Ask the court to approve the financial court order by sending the court the required paperwork and court fee. In the vast majority of cases, the judge will make the financial court order requested if the order has been properly prepared and the statement of financial information explains why the court order has been agreed upon Answer any questions the court may have on the proposed financial court order Once the sealed financial court order is received from the court send it to any relevant third parties. For example, the pension administrator, financial advisor, or property solicitor if the financial court order includes pension sharing, investment transfers, or the transfer of property Finalise the divorce proceedings as without the final order of divorce the financial court order cannot be enforced Diary up. If the financial court order includes spousal maintenance your divorce solicitor should check and diary up review dates for increases in line with retail price index rises or end dates and make sure everything in the court order has been sorted out, such as the implementation of a pension sharing order, the taking out of life insurance or changes to a pension nomination That list may look exhausting but the job of a divorce solicitor is to convert agreements into financial court orders. At Evolve Family Law we recognise that if you have reached a financial agreement, you do not want to hang around whilst divorce solicitors get out their fountain pens to prepare financial court paperwork and then post it back and forth between spouses and solicitors. Evolve uses technology to standardise and speed up the process of drafting family court orders, and as importantly, to make the obtaining of a financial court order more cost-effective and value for money for you. It is the combination of experience and technology that means Evolve Family Law can offer transparent pricing and fixed fees for financial court orders. We are proud to say that we are one of the first law firms in the country to publish our fees online in a handy user-friendly guide without hidden extras as the quoted fees include VAT. Some financial court orders are more complicated than others, especially where there are businesses or trusts involved, and in other situations, you may not be able to reach a financial agreement and so need advice on the financial court process. Whatever the situation you find yourself in, Evolve Family Law can help with friendly approachable expert assistance combined with transparent costs. The first step is to contact us to discuss how our divorce solicitors can help you. For expert advice on divorce and family law call our team of specialist divorce lawyers or complete our online enquiry form.
Robin Charrot
Jun 08, 2023   ·   7 minute read
selective focus of couple sitting at table with divorce documents

International Divorce: Where Should I Get Divorced?

Once you have decided to divorce your husband or wife the next question you may need to consider is whether to get divorced in the UK or abroad. If you or your spouse has links to more than one country it may enable you to exercise a choice about the country where divorce proceedings are started. That decision could have a major impact on the amount you either pay or receive as a divorce financial settlement. That’s why it is vital to get specialist help from a divorce law solicitor before your spouse takes the decision away from you and starts their own divorce proceedings in their country of choice. For expert advice on divorce and family law call our team of specialist divorce lawyers or complete our online enquiry form. Divorce proceedings and the choice of country You may be able to get divorced in England even though you got married overseas or even if neither of you is a British citizen or neither of you has indefinite leave to remain. The law says that to get divorced in either England or Wales either you or your husband, wife, or civil partner need to meet one of these criteria at the time you start divorce proceedings (or dissolution of civil partnership proceedings): You are both last habitually resident in England or Wales and one of you still lives here or Your spouse or civil partner is habitually resident in England or Wales or You are habitually resident and you have lived in England or Wales for at least one year immediately before applying for the divorce or You are habitually resident and have lived in England or Wales for at least six months before starting the divorce proceedings or You and your husband, wife, or civil partner are both domiciled in England or Wales   Equally, even though you are a British citizen and you currently live in the UK, you may be able to start divorce proceedings elsewhere if your spouse has international links to another country. [related_posts] Changing the country of divorce In some situations (for example, where the competing jurisdictions are EU countries) if you or your spouse start divorce proceedings in one country and the other spouse contests that court’s jurisdiction then the court may decide that another country has a closer connection to hear the divorce proceedings. That means that although speed can be important it is equally vital to talk to an international family lawyer before you start divorce proceedings in a country where there is a strong risk that the court will rule that there is a closer connection in another country. Getting your choice of country right International divorce solicitors recommend that advice is taken rather than assuming that you do not have a choice of country in which to get divorced, assuming that the choice of the country does not matter, or believing that England will always be the best country in which to get divorced. Sometimes people are surprised by the divorce jurisdiction options available to them and how much difference the country in which you get divorced affects the size of the divorce financial settlement. Is it worth a divorce race to start divorce proceedings in a divorce country of choice? The decision to start divorce proceedings shouldn’t be rushed but for some spouses delay in starting divorce proceedings can result in their spouse seizing the financial advantage by starting divorce proceedings in their choice of country. The questions to ask are: Am I sure I want to get divorced? If you are not certain then taking the decision to quickly start divorce proceedings in your preferred country may mean it is harder to reconcile What are the choice of countries? The choice of countries, such as whether they are all in the EU, may affect the decision on whether the speed is important Is it likely that my spouse will be honest about his or her finances and want to reach a fair financial settlement? If your spouse probably wants to reach a reasonable financial agreement then starting early divorce proceedings in your choice of country might alienate them and make it harder to reach a financial agreement. However, if your spouse isn’t likely to be honest about the family finances then issuing speedy divorce proceedings in your choice of divorce court, where the court has strong powers to order financial disclosure and enforce financial orders, maybe in your interests Do I know the financial implications to me of my spouse starting the divorce proceedings in the country of their choice? If you don’t know the answer to this question it is really important to get speedy help from a divorce solicitor on the potential choices of country in which the divorce proceedings could be started as well as the types and range of financial orders that could be made in each country where the divorce proceedings could potentially be issued Is it financially worth starting divorce proceedings in my choice of country? Sometimes racing to start divorce proceedings in your choice of country isn’t justified in terms of the size of the financial award against any extra legal costs that might arise in arguing over the country where the divorce should be heard. In other situations, it can make a massive difference International divorce and divorce solicitors If there is potentially more than one country in which divorce proceedings could be started it is important that you choose your divorce solicitors with care. Why? Not all divorce solicitors have experience with international divorce proceedings and choice of court jurisdictions or always appreciate the need for speed to avoid your husband or wife starting the divorce proceedings in a country that isn’t favourable to you. Choosing a specialist divorce solicitor for your international divorce A good starting point is to find a divorce solicitor who is a member of the International Academy of Family Lawyers (IAFL), a worldwide association of family and divorce solicitors who are recognised as experts in their field in their countries of practice. At Evolve Family Law, solicitor Robin Charrot is a member of IAFL. A divorce solicitor won’t be able to tell you the exact divorce laws and the difference in approach to financial claims on divorce in Australia, South Africa, or the Middle East but they will be able to readily obtain expert opinions and advice from fellow members of the International Academy of Family Lawyers because they know the right questions to ask and are used to obtaining speedy expert divorce advice in international divorces. For expert advice on divorce and family law call our team of specialist divorce lawyers or complete our online enquiry form.
Robin Charrot
Jun 01, 2023   ·   6 minute read
Family Law Specialist Eluned Roberts Joins Evolve Family Law

Family Law Specialist Eluned Roberts Joins Evolve Family Law

Evolve is expanding again with the arrival of Eluned Roberts, a specialist family and collaborative lawyer with a passion for helping couples split up amicably. She is trained to offer an amicable divorce service involving one lawyer acting for separating couples, through a process referred to as ‘Resolution Together’.   Educated and having worked in Chester and North Wales, Eluned aims to continue to help her Chester and North Wales-based clients, as well as promote Resolution Together and collaborative law as options for separating couples looking for amicable divorces in Cheshire and the Greater Manchester area.   At Evolve Family Law, we believe it is important that you know how our family lawyers work, so we asked Eluned to answer some questions on why she decided to join Evolve Family Law and her career plans and ambitions:   Why Evolve Family Law? As a specialist family law solicitor, I knew that I wanted to find a niche family law firm to join and progress my career at. I wanted to find a family law firm that wasn’t too big or too small and one that would give me the freedom to promote amicable divorces, through Resolution Together and through supporting me in my collaborative family law practice. I also hope to train as a mediator in the future, so that I can offer clients the whole spectrum of approaches to best suit their needs and circumstances.   Evolve Family Law seemed the perfect fit – expert lawyers who are a friendly bunch of people, genuinely committed to doing what is right for their Cheshire and Greater Manchester clients   The route to family law I have always wanted to be a family law solicitor and have been lucky enough to have been practising family law throughout my legal career. I have worked in regions across the North West, including North Wales, Greater Manchester, and then Chester.   I specialise in relationship breakdowns, including married and unmarried couples. I help resolve children and parenting disputes, as well as reaching financial resolutions and when necessary, securing financial court orders.   Eluned’s approach to family law As a member of Resolution, the largest organisation for family lawyers in the UK, I wholeheartedly believe in the ethos of the Resolution Code of Practice, namely that wherever possible, disputes should be resolved in a constructive and non-confrontational way.   The Resolution code epitomises how I practice family law, with an emphasis on sensitive and pragmatic advice that aims to help separating couples build on what they can agree on and resolve any stumbling blocks, whether that is a disagreement on child arrangements or aspects of a financial settlement, such as how to approach  Occupation of the family home, sharing of pensions or valuing a family business.   I love my work as a family law solicitor as I am passionate about helping people through difficult times in their lives. I believe in offering separating couples the power to make an informed decision on what the right approach is for them and their family when separating.   Whilst I offer an amicable divorce service through the Resolution Together model, I am also a realist and am committed to doing what is best for clients. It is not always appropriate for couples to engage in ‘talking solutions’ such as mediation, collaborative law, or having one lawyer act for both using the Resolution Together model, for example, if there has been any domestic abuse.   I work hard to represent clients going through lawyer-led negotiations and court proceedings to ensure that they achieve a fair and positive outcome, whilst always advising on proportionate and constructive approaches. I pride myself on my ability to draft well-reasoned and bespoke proposals for settlement that help encourage a pragmatic resolution. I am also accomplished at analysing finances and identifying when experts need to be instructed to resolve disputed issues, such as when dealing with pensions or valuing an asset such as a business or farm.   What is Resolution Together? Resolution Together is the name given to the relatively new process of one family lawyer acting for both husband and wife who want to obtain a no-fault divorce, financial court order, and, if they have children together, a child arrangement order or parenting plan.   Traditionally, the husband and wife or both civil partners would instruct their own family law solicitors to advise them separately on divorce, finances, and child arrangements matters. There can be huge benefits to a couple in having one family lawyer to advise on an amicable divorce and represent them both. The family solicitor can advise the couple in the same room on the law and the possible outcomes and help them reach an agreement. This can speed up the process and reduce costs. Once an agreement is reached, the amicable divorce lawyer can draft the legal paperwork for the couple, for them both to sign and send to the court for approval.   What gets you up in the morning? At least one double espresso, with a few more strong coffees throughout the morning – I am not a morning person and caffeine is definitely my saviour/vice.   It sounds cheesy, but I love my job and once the caffeine has kicked in and I’ve got the kids to school and nursery, I look forward to what the day brings in work. I enjoy getting to know clients and doing everything I can to help them achieve outcomes that enable them to move forwards to a new chapter in their lives.   I am so excited to join Evolve and be able to work alongside like-minded colleagues who care about their clients as much as I do.   Is there life outside Evolve Family Law? Working in family law can be emotionally draining so it is really important to be able to switch off from work. I love binge-watching a good Netflix series for some escapism or getting out and about in the Cheshire countryside by indulging in a hill walk with an audiobook, accompanied by my golden retriever. He brightens everyone’s day with his smile!   I also enjoy our family holidays around the UK in our caravan, with our two young children and of course our dog.   Whilst I am not very sporty (unlike my husband, who is training for an Iron Man this year) I have grown up always having played hockey. I intend to return to the hockey field soon, but am currently making the most of quality family time at weekends whilst our children still think their parents are cool enough to spend time with!   For expert advice on family law call our team of specialist lawyers or complete our online enquiry form.
Robin Charrot
May 25, 2023   ·   6 minute read
Save money for home cost

Who Gets the House in a Divorce?

As divorce lawyers we are asked, often at the first meeting with a separating husband or wife, whether a husband or wife will get the house in the divorce financial settlement. It is a perfectly reasonable question to ask your family law solicitor when embarking on no-fault divorce proceedings. For expert advice on divorce and family law call our team of specialist divorce lawyers or complete our online enquiry form. Divorce financial settlements and the family home It can be frustrating for both the family lawyer and a separating husband or wife if a divorce solicitor can’t answer the question ‘’who gets the house?’’ at a first meeting. Sadly, solicitors have a bit of a bad reputation for not answering a question with a straightforward reply but that’s not because they don’t want to answer but often down to needing more information before being able to give an informed legal opinion. What information is needed to decide who gets the house in a divorce? A lot of the information needed to help guide you on who is likely to get the house in a divorce financial settlement is pretty basic but not everyone knows all the answers at a first meeting with their divorce solicitor. The necessary information is: How much is the house worth – this can be your estimate rather than a valuation Is there a mortgage? If so, how much is outstanding on the mortgage and how much does the mortgage cost each month? Are the payments due to go up? Is there an endowment policy linked to the mortgage? If so, how much are the monthly payments and what is the surrender value of the policy? Are there any other loans or debts secured against the house? Did any family members lend or give you money to help buy the house or to fund home improvements? Was the house owned by you or your spouse before you started living together or before you got married? Do you have a prenuptial agreement or postnup (after marriage) agreement in place that says how your property will be split if you get divorced? What other property, savings, pensions, and investments do you and your husband or wife or civil partner own, and what do you both earn? Do you have children? This is relevant as having children affects the size of your housing requirements and you may also feel constrained in your choice of relocation by school catchment areas or shared parenting arrangements How much do you both need to spend to buy new houses? The answer may depend on whether you or your husband or wife will be looking after the children full-time or if one of you plans to move out of the area [related_posts] Don’t worry if you don’t have the information to help decide who should get the house in the divorce The main thing to remember is that you are not alone. Lots of people are in the same position and don’t know the value of investments or what sort of mortgage they have or the amount outstanding on loans. This can be the case whether or not you own property and investments with your spouse or if the family home and all the investments are held in your spouse’s name. If you can’t get the information then your divorce solicitor can help. If you are worried that your husband or wife hasn’t given you all the information and paperwork or if you are concerned that they have hidden investments or not told you about extra bank accounts then your family law solicitor can carry out investigations to make sure there is full financial disclosure. Talk to a divorce solicitor about who gets the house in a divorce If you are thinking about splitting up it is never too early to talk to a family law solicitor to explore your options. Seeing a divorce solicitor isn’t just about sorting out who gets the house.  You will also need to talk about other financial matters, such as spousal maintenance, get advice on childcare arrangements or, if you are planning on getting divorced, get help with the no-fault divorce proceedings. Getting specialist legal help at an early stage in your separation can pay dividends as it can reduce conflict by helping you both understand your legal options and save money by reducing potential areas of conflict. Seeing a family law solicitor for an initial consultation and review may not be as expensive as you might fear and in the long term could save you a lot of stress and fear of the unknown legal territory. At Evolve Family Law we believe in providing trusted advice for a transparent fee. Knowing how worrying it can be to meet a divorce solicitor for the first time we offer a fixed fee comprehensive initial review of your situation. At that meeting, we can explore your circumstances and what information is needed to help you come to informed decisions on what will work for you. Sometimes people automatically think they want to keep the house but, after they have had time to reflect, they realise they either want a fresh start or want to release cash. What is right for you and your family is different from what is right for the next couple. That is why bespoke early advice is needed so you don’t get railroaded into quick decisions about your long-term family future. Who does get the house when you divorce? Often the answer to who gets the family home lies in what other assets there are and choices and priorities. If you want the house, it may mean that you don’t get a share of your spouse’s pension. That is why it is so important to know how much everything is worth before deciding who gets the house. Often, a husband or wife will say that their spouse has said they can have the house. That sounds great, maybe even generous, but when you explore the fact that your spouse’s pension is worth 5 times the equity in the family home, or that you won’t be able to afford to stay in the house because of the mortgage payments or household bills, then getting the house doesn’t seem such a great deal. As frustrating as it may sound sometimes it pays to reflect and take your time to decide on who gets the house. That way, if you do end up with the family home, you can be sure that it is a fair divorce financial settlement. For expert advice on divorce and family law call our team of specialist divorce lawyers or complete our online enquiry form.
Robin Charrot
May 19, 2023   ·   6 minute read