Family Law Articles & Advice

Changing a Will After a Loved One has Passed Away You may assume that if a relative made a Will their wishes cannot be changed after their death. Strictly speaking, that isn’t correct because, after the death of a loved one, you may be able to change their Will by entering into a deed of variation. In this blog, private client solicitor, Chris Strogen looks at when you can vary a Will and the advantages of doing so. For expert advice on making a Will or for advice on a deed of variation call our team of specialist Will lawyers or complete our online enquiry form. Changing a Will after death A Will can be changed after the death of the person who made the Will by entering into a deed of variation or a deed of family arrangement. A private client solicitor can advise you on whether you can do this and if it is a good option for you. For example, it may be inheritance tax efficient. Who can vary a Will after death? Whether you need the agreement of the executors and the other beneficiaries in the Will to the proposed variation of the Will depends on what you want to change. In some situations, you don’t need the agreement of anyone else and only you will need to sign the deed of variation. A private client solicitor can explain the process when they know what you want to change in the Will and why. [related_posts] Can you change the intestacy provision if the deceased did not make a Will? If the deceased died intestate (without a Will) you can change the intestacy provisions by signing a deed of variation. Who needs to sign the deed depends on the nature of the variation. A deed of variation can be particularly helpful if the deceased was in an unmarried relationship. Under intestacy rules his or her partner will not inherit. Instead, the deceased’s parents receive a share of the estate or more distant relatives. In some families, the family may want to change this so the deceased’s unmarried partner receives all or a share of the estate. When can you sign a deed of variation? The rules say that the deed must be signed within two years of the date of death. If you are contemplating making changes to the Will of a family member or friend it is best to speak to a private client solicitor about the proposed changes as soon as you can do so. The benefits of a deed of variation There are many reasons why a deed of variation might be a good idea, including: The Will has left out a family member by mistake. For example, by naming 2 of 3 children in the Will as the third child was born after the Will was signed. The testator should have either changed their Will on the birth of the third child or preferably (to avoid the issue in the first place) left the estate to any children alive at the date of the testator’s death and if more than one in equal shares The Will is a DIY Will and is not inheritance tax efficient. For example, if the husband had left the estate to his wife, then the spouse exemption would apply, and no inheritance tax would be payable on the death of the first spouse. With a deed of variation giving the estate to the wife, she can then give money to the children. Provided she survives for at least 7 years the gift is IHT free There is a Will dispute and the Will is being challenged or a claimant is saying that intestacy rules do not provide them with reasonable financial provision. If it is accepted that the claimant is likely to receive a share of the estate if their claim goes to court it may be sensible to vary the Will. For example, if a couple were in an unmarried relationship for 20 years but the deceased never got around to changing the Will that he made 30 years ago In an ideal world, people would ensure that their Will is reviewed and up-to-date, and tax efficient before they pass. However, family, work, and other commitments can all get in the way of estate planning. That’s why a deed of variation may be the solution to your situation. For expert advice on making a Will or for advice on a deed of variation call our team of specialist Will lawyers or complete our online enquiry form.

Parental alienation is a concept that has gained familiarity through divorce solicitors and child experts writing about the effect of parental alienation on the children of separated parents and on the parent who has been alienated. A recent family court case has suggested the use of the words ‘alienating behaviour‘ rather than labelling one parent as guilty of parental alienation. In this blog, our children law expert Louise Halford looks at the case and looks at how to approach child arrangement order applications involving allegations of alienating behaviour. As a specialist firm of Northwest family law solicitors, our lawyers can advise you on sorting out residence and contact arrangements after a separation or divorce and represent you in a child arrangement order application. For expert family law advice call our team or complete our online enquiry form. What is alienating behaviour? Alienating behaviour or parental alienation is where one parent turns a child against the other parent without good reason. You may think that there is never a good reason to cause a child to reject a parent but some level of anxiety about a parent-child relationship may be justified where there are, for example, very real fears of domestic violence or a concern that a child will get sucked into the other parent’s lifestyle choices, such as the parent’s drug or alcohol addiction. In other families, a parent may not have created the child’s feelings of aversion towards the other parent. The child’s feelings may be down to the child’s misconception that one parent was entirely to blame for the marriage breakdown and for the sale of a much-loved family home resulting in the child needing to change schools. In classic cases of parental alienation, there is no objective justification for the alienating behaviour. One parent, through no fault of their own, is squeezed out of their child’s life. Some parents decide to fight back and apply for a child arrangement order so they can continue a relationship with their child. That’s what happened in the case of Re C ("parental alienation" instruction of expert) [2023] EWHC 345 (Fam). The judge,  Sir Andrew McFarlane, said "The identification of ‘alienating behaviour’ should be the court’s focus, rather than any quest to determine whether the label parental alienation can be applied." That approach makes perfect sense as the behaviour needs to be the focus of the court investigation rather than the label. [related_posts] The Children and Family Court Advisory and Support Service (the independent body tasked with providing reports to the court in children law proceedings for child arrangement orders, specific issue orders and prohibited steps orders) have issued guidance on the sort of behaviour a child might display if they have been alienated against one parent by the other. Whilst the guidance is helpful, it’s best to not be too focused on blaming the other parent for your child’s response to requests for contact but to examine any other reasons for your child’s reluctance to see you. For example, older children can be heavily influenced by their friends or by their social commitments and they may hate the thought of spending time with either of their ‘uncool’ parents. Alternatively, a child may be anxious about a new school or about school exams but instead, refocus their anxiety on parental contact rather than address the real reasons for how they are feeling. The impact of alienating behaviour Alienating behaviour can have a devastating impact on a child’s relationship with either their mother or father. Once a child has been alienated and turned against a parent it can be extremely hard to change a child’s mindset that one parent is bad and that the other one is good and can do no wrong. A child’s simplistic view of their parents can lead to long-term emotional and psychological damage to the child. Initially, the child may seem happier that they have cut one parent out of their life, thus reducing the other parent’s antipathy to the weekly contact handover. However, in the longer term, the child may experience feelings of guilt or even reject the parent who encouraged them to stop or limit contact with their other parent. As family lawyers, we understand that many parents don’t foresee the consequences of being openly hostile or critical of the other parent. To some parents saying what they think about their ex-partner in the presence of their child is a way of letting off steam after a difficult separation and a way of verbalising their own feelings of hurt and rejection. It can be an immense comfort to one parent when a child takes their side and is supportive. However,  the parent’s feelings of anger can be projected onto the child who in turn then rejects their other parent, thinking that their views are all their own idea but, in reality, they stem from one parent’s alienating behaviour. Any child arrangement order application involving allegations of alienating behaviour needs to be addressed with a measure of sensitivity and caution. Whilst a parent denied contact with their child wants action, and most importantly wants contact with their son or daughter, it’s best to acknowledge how essential it is to move forward at the child’s pace to repair any damage created through one parent’s alienating behaviour. Our children law solicitors can advise you on sorting out residence and contact arrangements after a difficult separation or divorce and represent you in a child arrangement order application. For expert family law advice call our team or complete our online enquiry form.

When is a marriage a marriage? How do Sharia Law and Divorce work together? These are the questions that you may need to ask if you are considering separating from your husband or wife. Under English law, if a marriage is recognised as a legal marriage, a husband or wife can make financial claims against the other spouse’s assets. Whilst they might be able to make limited property claims as a cohabitee the financial claims that a spouse can make are wide sweeping. For expert family law advice call our team or complete our online enquiry form. The Nikah, Sharia Law and Divorce  Until a court decision a few years ago, if a Nikah ceremony was carried out in the UK the traditional Sharia law Nikah marriage wasn’t recognised in England and Wales as a legally valid marriage unless the couple also underwent a civil ceremony in a registry office. The second civil ceremony was classed as the legal marriage for official purposes. For most couples who celebrated a Nikah the thought that they were not considered legally married despite their traditional marriage ceremony, family celebration, and their recognition as a couple by family and friends, was repugnant. The law isn’t straightforward. If a couple celebrates a Nikah in a country that recognises Sharia law (and therefore the Nikah is a legally valid marriage in the country where the Nikah took place) the Nikah is recognised as a legally valid marriage in England and Wales. With the court ruling, a Nikah that takes place in England may be sufficient for a husband and wife to be classed as married even though they have not participated in a civil ceremony. Why is it important for a marriage to be legally valid in Sharia law and UK divorce law? If you are not legally married under English law then on separation you do not need to start divorce proceedings because under English law your relationship isn’t recognised as a marriage. Under the law, you are treated as if you were a cohabiting couple. That means that you can’t: Apply for spousal maintenance Apply for a share of your partner’s pension Apply for a share of your partner’s house unless you are a joint legal owner or have what is known as a beneficial interest in the property Apply for a share in your partner’s other assets such as shares in a family business if the shares are all held in his or her name As there is such a vast difference in how married and cohabiting couples are treated by the law on separation it is vital that couples know where they stand and whether their marriage is legally recognised or not. Divorce Court ruling on Sharia law divorce and marriage In a high court case, a Mrs Akhtar sought a divorce from her husband, Mr Khan. He opposed the divorce on the basis that they weren’t legally married having participated in a Nikah ceremony in a London restaurant conducted by an Imam with about 150 guests as witnesses to the celebration. The judge ruled that the marriage was void. This decision allowed Mrs Akhtar to bring the financial claims of a spouse, claims that she wouldn’t have been able to pursue if the court had ruled that the Nikah was a non-marriage. Does the legality of marriage ceremonies just affect those participating in Nikah weddings? Many people have been caught out, believing that they are legally married only to find out many years later that their ceremony isn’t a legally recognised marriage, for example, being married at a venue that doesn’t hold a licence to perform weddings and not subsequently participating in a civil ceremony. This can also affect couples who are married at a traditional Jewish ceremony or those participating in a Wicca marriage. [related_posts] Prenuptial agreements, marriage and divorce If a couple are wary of getting married in a legally valid ceremony of marriage because of the potential financial claims that arise from a legally valid marriage then the option of getting married with a prenuptial agreement in place might be the way forward. Prenuptial agreements are designed to stop or limit financial claims on divorce and can be a very sensible step if one or both parties to the marriage want to protect assets such as pre-owned property or shares in the family business. For expert family law advice call our team or complete our online enquiry form. Contact us for help with divorce and Sharia law.

If you aren’t a Cheshire Will solicitor you may not know where to start with making your Will. In this blog, we look at how to make a Will, something that we should all do to protect our loved ones. For expert advice on making a Will call our team of specialist Will lawyers or complete our online enquiry form. Why you should make a Will It is easy to keep putting off making a Will because you have too much to do or you aren’t sure what to put in your Will but a Will is something that we should all have, whatever our age, state of health, or personal or financial circumstances. If you die without making a Will then you or they die ‘intestate’. The law says where your money or estate goes to. The list of beneficiaries is set out in a statute and cannot be changed to suit your family circumstances or to do what you would have wanted if you had made a Will during your lifetime. For example, you may not have wanted the majority of your estate to go to a third wife but instead to a cousin that you were close to and who had been there for you throughout your life whilst your third marriage was of short duration. Alternatively, you may want to leave your estate to your grandchildren, skipping a generation and not leaving your money to your children. What do I need to make a Will? You don’t need anything to take the first step of making a Will as a Will solicitor can either talk you through the information that they need to prepare the Will for you or if you prefer, they can send you a Will questionnaire for you to complete. The main things that a Will solicitor needs to know to advise you on your Will and prepare it for you are: Roughly how much is your estate worth – you don’t need to get anything valued as all your Will solicitor needs is a very approximate ballpark figure so they know if inheritance tax will be relevant to your estate Whether all of your assets are in the UK – if you own property overseas then you may need another Will to cover your overseas-based property Whether any of your assets are jointly owned – if you own property jointly, for example, with a wife, husband, or civil partner, then your share in the property may pass outside of your Will unless you sever the joint tenancy and convert it to a tenancy in common Whether you have any dependants – a dependant could be a former husband or wife who is receiving spousal maintenance from you, a child receiving child support, or an adult child who is financially reliant on you, or your cohabitee or partner. Whilst you can leave your estate to whom you want as there is no legal requirement to leave all or a share of your estate to your dependants or family members, a Will solicitor can advise you on the prospects of a dependant trying to contest your Will and how to reduce the risk that your Will might be contested Whether you have any children or planned beneficiaries under the age of eighteen – if you do then you may want to consider the appointment of testamentary guardians in your Will for your children. You will also need to consider leaving money in trust for your children or minor beneficiaries The planned executors of your Will and beneficiaries- if you haven’t made any final decisions about your choice of executors (the people named in your Will as responsible for administering and distributing your estate) then don’t worry as your Will solicitor can discuss your options, including the appointment of family members, your private client solicitor or another professional as executor. When it comes to beneficiaries, your Will solicitor can talk you through your options and make sure that your Will is as ‘future proofed’ as possible so that if, for example, you want to leave all your estate to your husband or wife or a share of your estate to an older sibling there are ‘substitution gifts’ in your Will. That means that if your spouse predeceases you their legacy is shared (for example, between your children or in the case of your sibling between your nephews and nieces). Alternatively, the gift can fall back into your estate and form part of the legacy to your residuary beneficiary or beneficiaries [related_posts] When to make a Will Will solicitors say that it is never too early to make a Will or, if you have an existing Will, it is equally important to make sure that the Will is up to date and still reflects your circumstances and wishes. At any important life event, you should consider making or changing your Will. Life events include: Buying your first house – whether on your own or jointly with a partner When you get engaged to marry or enter a civil partnership When you sign a prenuptial agreement When you have children or adopt a child If you separate or divorce from a husband, wife, or partner If you form a new relationship or remarry If you suffer from ill health On retirement If you receive a legacy or inheritance. There are many other scenarios when you should consider making or changing your Will, such as the death of a beneficiary or an executor to your Will. Making a Will can be a very positive experience for you because: It makes you feel that you have taken steps to protect family members and loved ones You can say whom you would like to administer your estate through the appointment of executors of your Will You can safeguard young children with the appointment of a testamentary guardian You can use your Will and estate planning to minimise your estate’s liability to inheritance tax.  How to make a Will The easiest way to make a Will or to change an existing Will is to speak to an experienced private client and Will solicitor. They can look at your goals and objectives and work out how best to achieve them. This may include: Lifetime gifting Inheritance tax planning Lifetime trusts Trusts created in your Will and the flexibility and guidance issued to your trustees with discretionary trusts The structure of legacies and the disposal of your residuary estate Contingency legacies so, for example, a grandchild or children, will receive a legacy instead of their parent if their parent sadly passes away before you do so. Carefully drafted contingency legacies mean that your Will doesn’t have to keep being rewritten on the birth of a new grandchild How to try and ensure that the Will isn’t contested by a dependant leading to litigation against your estate. This can be achieved by carefully assessing what, if any, dependency claims can be brought against your estate and how to minimise the risk of a successful claim  How long does it take to make a Will? The role of a private client and Will solicitor is to make the Will process as simple for you as possible. It is possible to make a Will in a matter of hours but you may, depending on your family circumstances, want to reflect on private client and Will advice before finalising your Will. Your Will isn’t effective until it is executed. That involves your signing your Will witnessed by two witnesses. The best way to make a Will is to take the step of picking up the phone and speaking to a friendly and approachable private client and Will solicitor about your options so that you can achieve a well-drafted Will that protects your family and gives you peace of mind. For expert advice on making a Will call our team of specialist Will lawyers or complete our online enquiry form.

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.

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

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.

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.