divorce

If your second marriage is in trouble you may already know a bit about divorce and financial settlements because of your experience from the first time around. This time you may find that some things are different. Firstly, divorce law has changed. Secondly, your first husband or wife may have been very reasonable and this enabled you to reach a financial agreement. The situation may not be as straightforward with your second marriage divorce. In this blog, our divorce solicitors look at what you need to be aware of when ending a second marriage. For expert advice call our team of specialist divorce lawyers or complete our online enquiry form. No-fault divorce proceedings Divorce law in England has changed with the introduction of no-fault divorce and new divorce terminology. Family law solicitors no longer talk about divorce petitions or decree nisi or decree absolute. The new terminology is divorce application, conditional order of divorce and final order of divorce. Whilst you still need to have been married for at least 12 months before you can start divorce proceedings the remaining rules on divorce applications have been changed. You no longer have to say that your husband or wife committed adultery or behaved unreasonably to start divorce proceedings or wait 2 years from the date of your separation to start your divorce petition. Now, all you need to say in your divorce application is that your marriage has irretrievably broken down. You do not need to go into the reasons why. Applying for a joint no-fault divorce Another major change to the divorce process is that you can now apply for a divorce jointly with your husband or wife. You or they still have the option to bring an individual or sole application if one of you prefers to do so. Our divorce solicitors will normally recommend that you start the divorce proceedings either jointly or in your name if you want to get the divorce sorted out in your timeframe. You may be concerned that your estranged husband or wife may delay starting divorce proceedings if they are the ones given the task of starting the divorce application. Getting quick divorce advice is important if you are concerned about your estranged spouse selling the family business, cashing in investments or hiding assets. If you or your spouse are from overseas then you may need urgent advice on court jurisdiction and where it is best to start the divorce proceedings. Whether you decide that a joint or single divorce application is the best option for you the actual divorce process is similar. A divorce application must be filed at a family court and a fee paid. At Evolve Family Law we offer fixed fee divorce services for most divorce applications. The no-fault divorce process The no-fault divorce process involves: Divorce application - either a joint application or an individual application by one of you A wait – court rules say the applicant for the divorce must wait 20 weeks before they can confirm they want a divorce and go ahead with the no-fault divorce process Conditional order - the court makes a conditional order. This is the same as the old decree nisi of divorce Another wait - after waiting another 6 weeks, the applicant can apply for their final order of divorce (this is the new name for the decree absolute of divorce)No-fault divorces take about 6 months to complete from applying for the divorce to getting your final order but the no-fault divorce advantages are that you do not need to go to court to get your divorce order and you do not need to blame your spouse (or vice versa) to get your divorce. [related_posts] Second marriages and financial settlements In second marriages there is a good chance that you signed a prenuptial agreement before your second marriage. Your divorce lawyer will want to know if you signed one and the terms of the agreement. They will also want to know if anything has changed since you signed the prenuptial agreement or a postnuptial agreement. For example, the birth or adoption of children, the failure of a business or either you or your spouse suffering ill health or a disability. These are the sort of things that might lead to a family court saying that the terms of a prenuptial agreement should not be followed or not followed in their entirety. If you signed a prenuptial agreement, it should be possible to secure an agreed financial court order unless there are major changes in circumstances or you or your ex are saying that the terms of the agreement were unfair or there was no financial disclosure. If you did not sign a prenuptial agreement, it may still be relatively straightforward to negotiate a financial settlement by agreement if you are both keen to finalise your divorce and secure a clean break financial court order. Complexities can arise in situations where: You are paying spousal maintenance to your first spouse and your second spouse also wants spousal maintenance – you think there is a limit to how much you can afford to pay out in spousal maintenance Your ex-spouse wants a share of your pension but the pension pot was accumulated before your second marriage and your pension was your financial settlement from your first marriage as your first spouse got to keep your family home Your second spouse wants you to financially support your step children but you are still financially supporting your children from your first marriage Your ex-spouse wants to keep the family home as they bought it before the marriage. If they keep the family home and do not down size, they will not be able to pay you a lump sum as they do not have significant savings and they only have a limited mortgage capacity because of their age. You do not want to be left homeless as your mortgage options are also limited because of your age or because you are committed to supporting your children from your first marriage through their teenage years and through university There may be other reasons why it is hard to negotiate a financial settlement when coming out of a second marriage. Our expert divorce solicitors will be able to help you by talking to you about the circumstances of your second marriage, your assets and commitments, and then looking at the alternate financial settlement options. Filing for divorce using the Evolve Family Law One Lawyer Divorce Service If your separation from your second spouse is relatively amicable our One Lawyer Amicable Divorce Service may be able to help you both file for divorce and obtain an agreed financial consent order. This service is provided by specially trained family lawyers who comply with the guidance from Resolution (an organisation for family justice professionals who work with families and individuals to resolve divorce and family issues in a non-confrontational manner). The service is not the right option for every couple coming out of a second marriage but it can be ideal if you both ‘know the score’ and are both keen to reach a fair financial settlement with the minimum of fuss and no added costs being built up by your each receiving separate and different advice, For expert advice call our team of specialist divorce lawyers or complete our online enquiry form.

When you need divorce or family law advice it is important to go to divorce solicitors who understand your concerns and needs. With offices in Whitefield, Manchester and Cheshire our expert divorce solicitors can guide you through your civil and religious divorce and advise on all your family law queries. For expert advice call our team of specialist divorce lawyers or complete our online enquiry form. Divorce proceedings Whether you are a member of an Orthodox, Reform or Liberal synagogue, your Get may be more important to you than your civil divorce.  Our Jewish divorce solicitors recommend that you apply for both so the applications run alongside. With the introduction of no-fault civil divorce proceedings, it is harder for a husband or wife to object to a civil divorce. The other improvement in the law is that you do not need to blame your spouse for the breakdown in your relationship. To get a no-fault divorce all you need to do is file a divorce application saying that your marriage has irretrievably broken down. Your husband or wife does not need to agree with that statement for you to secure your divorce. In situations where a couple agrees that their marriage is at an end the law now allows the couple to jointly file for divorce. Not every couple can work together to obtain their divorce so our divorce solicitors can either help you as a sole divorce applicant or with a joint divorce application. No-fault divorce proceedings take around 6 months to complete. That is because the law imposes delays so you cannot progress the divorce proceedings until specific periods have elapsed during various stages of the divorce process. The divorce process involves applying for a conditional order of divorce (this used to be called the decree nisi). The civil divorce is not finalised until you get your final order of divorce (this used to be called the decree absolute). At Evolve Family Law we offer fixed fee divorce services for most divorce applications. Children law advice for Jewish divorcing couples In tough times for the community, it can be hard to find a compromise agreement over the best parenting arrangements for your children. That’s the case whether you are going through a recent separation and divorce proceedings or divorced many years ago. All parents can struggle at some point in their parenting journey about what is best for their children and as Jewish divorce solicitors we are experienced in advising on specific children law issues after a separation or divorce, such as: Whether children should be brought up in the faith and the extent of the child’s religious observance If children should be brought up Orthodox or Reform Whether the child should be brought up following strict kosher dietary compliance if one parent is not kosher Whether a child should attend a secular school Contact arrangements, Shabbat and festival days Holidays overseas and whether a holiday order is necessary because a parent objects to a child being taken on holiday to Israel or to see extended family in the Middle East Relocation orders if one parent thinks it would be best to move out of England and the other parent will not agree to the child being taken to live overseas These issues, and others, can crop up whether you are both practising or if one parent follows a different faith or has no faith. Tensions can arise making it hard to work out a compromise and agree on a parenting plan. Our family law solicitors can help you try to reach an agreement and record it in a parenting plan. If an agreement is impossible, we can help you apply for or respond to applications for: Child arrangement orders Holiday orders Relocation orders Prohibited steps orders or specific issue orders Child support or school fee orders [related_posts] Financial settlements One important element of divorce is sorting out a financial settlement and ensuring that your agreement is binding on both of you. Our family lawyers can help you with: Separation agreements Converting your negotiated financial settlement into an agreed binding financial court order Representation in a financial application for a financial court order We have substantial experience in financial settlements involving: Family money – parents or in-laws gifted or loaned money to buy the family home or to invest in the family business Family businesses where either one or both spouses and extended family work together in a family business or where a husband or wife may be an employee in the family business or an employee of a relative Family trusts where money has been advanced under trust arrangements Overseas assets ranging from holiday homes, second homes and investments The signing of a prenuptial agreement or postnuptial agreement and the husband or the wife do not think that they should be bound by the terms of their agreement now that they are separating and getting divorced Financial settlements after an overseas divorce Situations where you suspect your spouse has not disclosed assets, transferred assets to family or friends, or undervalued their assets so you do not get a fair divorce financial settlement Our family lawyers will work with your financial advisors and accountants to ensure we understand your financial circumstances and ensure that we help you achieve a financial settlement that meets your needs. For expert advice call our team of specialist divorce lawyers or complete our online enquiry form.

When you are separating and trying to divorce amicably it is tempting to think that it is the divorce lawyers who will be the problem in reaching an amicable separation. You may assume that divorce solicitors will pit both of you against one another, racking up the solicitor costs, and leaving both of you worse off. There is a way to share one divorce solicitor. At Evolve Family Law we provide a One Lawyer Divorce Service. However, the service is not the best or right option for every divorcing couple. In this article, our family lawyers explain how both sides can share one divorce solicitor and whether our One Lawyer Divorce Service may be a suitable option for you. For family law help call our team of specialist divorce lawyers or complete our online enquiry form. The One Lawyer Divorce Service The One Lawyer Divorce Service means both sides to a family dispute share the same family lawyer. You could be a couple wanting to negotiate a separation agreement, an unmarried family trying to sort out the sale of a property and who gets the equity from the sale, or a divorcing couple wanting to get divorced and sort out their financial settlement. Why share a divorce solicitor? Sharing a divorce solicitor is not right for every divorcing couple but it can have potentially massive benefits. These include: You pay for one divorce solicitor and not 2 You are all committed to working together. That may be to achieve your no-fault divorce, negotiate a financial settlement and secure a financial court order from the court or sign off on an agreed parenting plan You share the same information from the shared divorce solicitor as the divorce lawyer will give you both the same information and advice. There can be no saying ‘’well my lawyer says I will get X’’ by your estranged partner when you are adamant that your divorce solicitor says ‘’you will get Y’’ if you go to court for the judge to decide on the financial settlement. A shared divorce solicitor will tell both of you that the court could order X or Y and that there is always a litigation risk if you go to court rather than reach a compromise and ask the court to make an agreed financial court order You avoid delay because documents are not sent back and forth between you and 2 separate divorce solicitors Should YOU share a divorce solicitor? At Evolve Family Law we recognise that our One Lawyer Divorce Service the Service is not right for everyone who is going through a separation or a divorce. As well as you asking yourself if you should share a divorce solicitor with your husband or wife our family lawyers will also explore whether the Service is the best option for you. Sometimes it is obvious that you can make a success out of sharing a divorce solicitor and sometimes it isn’t as clear cut. Whether you should share a divorce solicitor or not is not dependent on the value of your property and assets or the complexity of dividing them to reach a fair divorce financial settlement. Instead, it is more about whether: You can work together with your ex-partner to resolve matters amicably You are both ready to reach an agreement. For example, one of you may feel too raw about the separation to be able to think clearly enough to have direct and open discussions You can be open and honest with your ex-partner and they will be equally open with you to help in achieving a fair resolution [related_posts] The One Lawyer Divorce Service at Evolve Family Law If you want to find out more about our One Lawyer Divorce Service and how we might be able to help you then the next step is for a divorce solicitor to meet with you and your ex-partner in separate meetings. We need to see you separately to check that the process is right for both of you. That is in both of your best interests as you do not want to start a process unless there is a realistic prospect of it being suitable for both of you in reaching an agreement or in securing your no-fault divorce. You may ask how we can assess if our One Lawyer Divorce Service is the best fit for you. We do this by providing the Service through trained expert family law solicitors who comply with the principles, standards, and guidance from the national organisation for family justice professionals who work with families and individuals to resolve issues in a non-confrontational manner (Resolution). When you should not share a divorce solicitor Sharing a divorce solicitor may not be right for you or your ex-partner, especially if: During the relationship your ex-partner was controlling and tried to take over decision-making or accused you of trying to exercise coercive control You suspect your ex has been hiding assets from you or you know that your ex-partner thinks that you have been siphoning money from a family business or savings Your ex was violent towards you or your child or accused you of domestic abuse You are concerned about your child’s safety. For example, you may be worried that your ex-partner plans to take your child overseas without first getting your agreement or a relocation order Your ex-partner has very entrenched views and will not be open to discussion about compromise Although it may not be appropriate for you to share a divorce solicitor it does not mean that you will have to ask the court to make a child arrangement order to sort out child custody and contact arrangements for your child or to make a divorce financial settlement. Our divorce solicitors can explore alternative options with you, such as family arbitration or solicitor negotiations, to help you work out the best way forward. For family law help call our team of specialist divorce lawyers or complete our online enquiry form.

The decision to separate and start divorce proceedings or end a civil partnership is a difficult one for any couple. If you are an LGBTQIA+ couple there are particular challenges when separating or getting divorced. For expert advice call our team of specialist divorce lawyers or complete our online enquiry form. Choosing the right family lawyer Your family lawyer needs empathy and to understand the challenges you have faced as an LGBTQIA+ couple and during your separation as well as your concerns and fears. Being a red-hot family lawyer is a necessity and having a good sense of humour and ‘getting you’ and what you are going through is a real advantage. At Evolve Family Law we encourage all our potential clients to give us a call to see how we can help you. We are all specialists in family and private client law and pride ourselves on our friendly approach to advising on LGBTQIA+ separation and divorce. LGBTQIA+ separation If you are separating from your partner finding somewhere else to live may be a challenge for you. It may not be possible or comfortable for you to camp out with mum or dad and all your friends may be mutual ones, loath to take sides. Finding somewhere to rent may be tough on a single salary, especially in an area where you feel safe. You may want to stay at the family home but are unsure if you can take the mortgage over in your name. Alternatively, your ex may have kicked you out and won't let you return to live at the property. You may be wary about anyone believing that you have been subject to domestic abuse if it was psychological, financial or involved coercive control. Our family lawyers can advise you about your rights to stay in the family home, interim spousal maintenance (if you are married or in a civil partnership), and injunction remedies if you were subjected to domestic abuse in your relationship. LGBTQIA+ divorce    With the introduction of no-fault divorce ending a civil partnership or getting divorced has got that bit easier as you no longer have to have been separated for at least 2 years and nor do you have to come up with ways in which your spouse has behaved unreasonably before you can start divorce proceedings. Our divorce solicitors can either start the divorce proceedings for you as the sole divorce applicant or, if it is an amicable separation, we can act for both of you and file a joint divorce application. LGBTQIA+ parenting    Whilst children are the priority in every relationship, it is often the case that if you are an LGBTQIA+ couple you may have had a hard journey to parenthood with IVF, surrogacy or adoption struggles. The preciousness of your children can make it hard to accept that parenting after separation should be shared, especially if one of you is the biological parent or the one who pushed to have children. If only one of you is biologically related to your child, then this is a sensitive issue but our family lawyers can help you understand who has parental responsibility for your child. If your child was born while you were in a civil partnership or marriage you will both have parental responsibility. In other scenarios, you may both have parental responsibility through a surrogacy parental order, adoption order, or parental responsibility order. Our family solicitors can advise if you both have parental responsibility and the implications if one of you doesn’t have parental responsibility. It does not mean you have no redress as you can apply to the family court for permission to apply for a child arrangement order so you can secure a contact order or an order that the child lives with you. You may also have the complexity of children from previous relationships. Your ex-partner may want to maintain an ongoing relationship with their stepchildren whilst you think that the child is busy enough splitting their time between you and their other biological parent. Again, there are legal solutions if you are not able to reach a parenting agreement. At Evolve Family Law we specialise in children law and can advise on parenting plans to help you reach an agreement on residence and contact. If you cannot reach an agreement with your ex-partner, we can help you apply for or respond to a child arrangement order application. LGBTQIA+ financial settlements after separation.     Whatever the nature of your relationship you both need a fair financial settlement after you split up. If you are married or in a civil partnership you have more family law rights than if you are in an unmarried relationship. For example, if you are in a cohabiting relationship, you have no right to spousal maintenance or a pension sharing order, and your claims on the family home or family business are limited to property law rights or business law rights. However, if you are a cohabitee or former cohabitee you may still have a property claim on the family home even if it is owned in the sole name of your former partner. If you are married or in a civil partnership the law on how assets are divided is based on need rather than the strict application of property or corporate law. The legal position and your options may be different again if you are caring for a dependent child. Our financial settlement solicitors can talk through your situation and what you want and need to achieve from your financial settlement. We can then negotiate hard to get you a fair financial settlement or, where necessary, apply to the family court to get you a court order that reflects your rights as a husband, wife, civil partner or former cohabitee. [related_posts] LGBTQIA+ Wills and private client advice LGBTQIA+ couples who are not married don’t always realise the importance of Wills whilst they are in a relationship. It is equally important, if you are married, in a civil partnership or former cohabitees, that you review your Will and Lasting Power of Attorney when you are separating from your partner. For expert advice on LGBTQIA+ separation and divorce call our team of specialist divorce lawyers or complete our online enquiry form.

As North West divorce and family finance solicitors, we are often asked the question ‘’should I sign a separation agreement?’’ The stock answer is ‘’that it all depends’’. However, our answer hinges on your plans and the specifics of your separation agreement. For expert family law advice call our team or complete our online enquiry form. Should I Sign a Separation Agreement or Get Divorced? In many family situations, a husband or wife will suggest the signing of a separation agreement as they want to split up and divide their property and assets but they do not think that they have the grounds to start divorce proceedings. There is still a common misconception that to start divorce proceedings you or your husband or wife need to be at fault in some way or you need to have been separated for at least 2 years. The introduction of no-fault divorce proceedings in England means you no longer need to explain why you want to get divorced and you do not have to have been separated for a minimum period before you can apply for a divorce. Under the new no-fault divorce proceedings process an application may be made jointly by a couple or individually by a husband or wife. The process to obtain your final order of divorce is similar whether you apply as a couple or as an individual. Although you may now be able to apply for a no-fault divorce there may be reasons why you do not want to get divorced. For example, you may not want to do so for religious reasons. If your spouse wants to apply for a divorce then you have very limited grounds to object because of the rules surrounding no-fault divorce. Talk to a Family Law Solicitor.   Talk to a family law solicitor before you sign a separation agreement or decide to start divorce proceedings as it is best to take advice on whether a separation agreement or divorce proceedings and a financial court order are in your best interests. In most family situations you do not need a separation agreement and a divorce and financial court order because the financial court order will deal with everything that goes into the separation agreement. However, there are some situations where you may need both. For example, if you have separated from your spouse and agreed to a sale of the family home but you have found a buyer before you can obtain a conditional order of divorce and a financial court order by consent. [related_posts] Why is a Financial Court Order Preferable to a Separation Agreement? Divorce solicitors often think a financial court order is preferable to a separation agreement because: A financial court order is legally binding. It cannot be changed (save for maintenance orders) unless there was fraud, misrepresentation or non-disclosure A separation agreement is not legally binding but it will carry a lot of weight if either spouse subsequently decides to start divorce proceedings and make a financial claim that is not consistent with what was put into the separation agreement Although you can agree to share pensions in a separation agreement the pension share cannot be implemented by the pension administrator until a pension sharing order has been made by a court in divorce proceedings and the final order of divorce has been obtained If you intend to get divorced but you want to sign a separation agreement first then you will incur separation agreement legal fees and later spend more on legal costs in sorting out your divorce and getting a financial court order. The separation agreement costs can be avoided altogether if you know you want a divorce as you can start no-fault divorce proceedings It is not all just about the legal fees; instructing a North West divorce solicitor to prepare a separation agreement and to later start divorce and financial court order proceedings is potentially more stressful than instructing your divorce lawyer to sort out the divorce and financial court order When Should You Sign a Separation Agreement?  A separation agreement may be a good option for you if you have no plans to get divorced for religious or other reasons. You should only sign a separation agreement after there has been financial disclosure so you can make informed choices about what goes into the agreement. You should also only sign a separation agreement after you have taken advice from a family law solicitor on the contents. Although separation agreements are not legally binding on the court, they do carry a great deal of weight if either a husband or wife brings a financial claim in later divorce proceedings. You should therefore only sign a separation agreement if you intend to be bound by it. How Can Evolve Family Law Help You. Our family law and divorce solicitors can help you with: Advice on whether you need a separation agreement and the contents No-fault divorce proceedings Financial court orders by agreement after direct discussions or after family mediation Financial court order applications if you are not able to reach a financial agreement Children law orders if you cannot reach an agreement on residence or contact arrangements for your children Converting your existing separation agreement into a financial court order Amicable divorce – one lawyer divorce service Wills and Lasting Powers of Attorney if you have separated or you are starting divorce proceedings Our divorce solicitors will provide expert advice tailored to your personal and financial circumstances. For expert family law advice call our team or complete our online enquiry form.

When you are going through a separation or divorce you need to know what you are likely to end up with as your divorce financial settlement. Without that information, or at least a broad idea of what you might reasonably expect to get, you may find the whole process of separating and getting divorced that much more traumatic. In this blog, our family law solicitors answer your questions on whether you will get half in a divorce financial settlement and explain why some people may end up with more or less than half. For expert family law advice call our team or complete our online enquiry form. Does everyone get half the assets when they divorce? There is no guarantee that you will get half the assets when you divorce. You may get less than half or you may get more than half. Every family is different and although the court starts from the premise that assets should be shared equally there are many reasons why a financial court order might be made that does not equally divide the assets and money equally between husband and wife. Who decides if you get half the assets? In an ideal world, you will reach a financial agreement with your separated husband or wife after having spoken to a family law solicitor or you will ask the solicitor to negotiate an agreement for you. Another alternative is to go to family mediation and reach an agreement in mediation. If you reach an agreement your financial settlement then needs to be converted into an agreed financial court order as part of the no-fault divorce proceedings. If it is impossible to reach an agreement with your ex-spouse then either you or they can apply to the family court for a financial settlement. After financial disclosure and a series of court directions hearings, a final hearing will take place where the judge will hear evidence from each of you. The court will then make a binding financial court order. The court will decide what percentage of the assets you will get based on statutory criteria and case law. As well as deciding whether you will get half the value of the family assets the court can decide if the family home should be sold or if you should get to keep the house but not get to receive a share of your spouse’s pension or the value of their investments or shares in the family business. There are normally many different ways in which a judge can split assets equally between husband and wife. Who works out what half is in a divorce financial settlement? Your husband or wife may tell you that they want to keep things amicable and split the money and property equally but to do that fairly you may need assets to be independently valued.  For example, if your spouse says that you can keep the family home you need to know how much equity there is in the property if your spouse’s financial proposals are based on them keeping their pension or their shares in the family business. You will also need to know the true value of your spouse’s pension fund or the value of the family business. To get an accurate valuation of assets you may need to instruct a surveyor, pension actuary or forensic accountant to carry out valuations. If assets are not accurately valued then you may not end up with half unless your agreement says every single asset will be sold and the money divided equally rather than some assets being retained by one of you as part of the negotiated deal or financial court order. [related_posts] Could I get more than half the property and assets? There are some scenarios where you could receive more than half the money and property as your divorce financial settlement. For example: If you signed a prenuptial agreement or postnuptial agreement that said you would get to keep more of the assets and the court thought it was fair to uphold the prenuptial agreement or postnuptial agreement in its entirety or partially You owned a house or pension or family business before your marriage, the marriage is relatively short and your spouse can have their reasonable needs met without having to share all or some of your pre-marriage owned assets You agree to receive more than half the assets but the deal is that you do not get ongoing spousal maintenance as your spouse is getting less than their half share of the property or other assets You are the main carer of the children and you need more than 50% of the total asset pot to buy a new home for the children taking into account your reasonable housing needs and your mortgage capacity Your spouse received an inheritance during the marriage and their housing or other needs can be met by using this inheritance whilst you need more than half of the family assets to meet your needs Should I argue that I want half the assets as my divorce financial settlement? A family law solicitor will tell you if you have a good case to get half or more than half the family assets as your divorce financial settlement. You can then decide whether it is worth the time and the potential legal fees of going to court and asking a judge to make a financial court order in your favour if your spouse will not agree to your requested financial settlement. You may decide that it is best to compromise and reach a negotiated financial settlement or come to the view that as your estranged spouse is being so unreasonable about financial disclosure and the financial settlement that you have no alternative to ask the court to order that you get half the assets as your divorce financial settlement. Your best option is to talk to a family law solicitor so you understand your rights and options to help you reach a fair divorce financial settlement. For expert family law advice call our team for an appointment or complete our online enquiry form.

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

As Manchester divorce and family finance solicitors advising separated couples we get a lot of calls from husbands or wives concerned about divorce and selling the family home. In this blog, our family law solicitors look at the issues and your best options when it comes to divorce and selling the family home. For expert family law advice call our team or complete our online enquiry form. Should I sell the family home? Sadly, some divorcing couples don’t have a choice: the family home has to be sold. For others, you can make the financial or personal choice to either sell up, transfer the property to your husband or wife or keep the property yourself. Often people have a strong knee-jerk reaction that they must keep the family home at all costs whilst others are equally adamant that they don’t want to stay in the family home because of the memories associated with it. Undoubtedly selling a family home involves hassle so it is best to consider all your options and the practicalities of a move, such as: How much is the family home worth and how much will I need to spend to buy a new property? If I stay at the family home would the mortgage company agree to transfer the mortgage into my name? If I sell and buy another property what is the maximum mortgage that I could get? Can I afford the monthly mortgage payments and the upkeep on the family home if I get spousal maintenance or child support or if I have to make those payments out of my salary? Is it better to make a fresh start or to downsize so I can have some cash to spend on holidays or little luxuries? Will my husband or wife agree to the sale of the family home? The effect of market conditions on your decision to sell the family home. Experienced family law solicitors encourage separating couples to look at whether they should sell the family home or not from a short and long-term perspective so you make the right decision for you and your family. However, the current housing market conditions may inevitably have some influence on your decision-making process because: You are worried about the time to achieve a sale and getting your sale price You are concerned about getting the mortgage on the family home transferred to you or taking out a mortgage on a new property and mortgage rates You don’t feel that your job is secure or you are worried that your husband or wife could be at risk of being made redundant and redundancy will affect their ability to pay you child support and spousal maintenance With or without the pressures of a cost-of-living crisis the decision to sell the family home, or resolving which one of you should stay at the family home, is always stressful. That is why it is best to take time over your decision and not be too influenced by the views of teenage children who may be leaving home to go to university soon leaving you with a house that is too large for you and without sufficient money to pay for life’s little luxuries or to pay for car repairs. If you end up with the family home the trade-off may be that you don’t get a share of your husband or wife’s pension. That may mean you eventually have to sell the family home to fund your retirement. However, the released equity on the sale of the family home won’t necessarily give you the same income return that a pension sharing order would have done. That’s why it is best to carefully consider if the short-term hassle of selling the family home and moving is in your long-term best interests if it means you get a pension sharing order. [related_posts] The best way to divorce and sell the family home. If you are getting divorced and thinking about selling the family home here are our tips on selling the family home whilst separating from a partner or getting divorced: Is it realistic for you both to live at the family home until it is sold bearing in mind that once the property is sold it will take time for the conveyancing process to reach completion? It is advisable to always take legal advice before leaving the family home as doing so may make your husband or wife less keen to achieve a sale. However, if the atmosphere at home is affecting you, then one option would be for one of you to rent a property or stay with family until the family home is sold Consult with your husband or wife about the sale price and choice of estate agent and make sure that the estate agent keeps you both informed about viewings and feedback from prospective buyers. That way if the estate agent recommends a reduction in the sale price your spouse is more likely to be willing to consider this Get your paperwork in order as requests for documents from your buyer’s solicitor can delay the sale of the family home. If you have had work carried out at the property you need to locate your planning and building regulation documents, electrical, gas and FENSA certificates or organise duplicate paperwork Agree on how you will divide the household contents as the last thing that you are likely to want to do is try and sort out household contents at the date of the sale. It is best to list the household contents and both sign the agreed schedule and the division of contents between the two of you and highlight what items, if any, will be sold with the house Think about whether you want to sell the family home if you haven’t reached a financial settlement with your husband or wife. It is common for a sale of the family home to be achieved before you reach a full financial settlement including how pensions, business assets and investments are split as well as whether spousal maintenance should be paid and for how long. If you are happy with the sale price of the family home and fear that you will risk losing your buyer if you delay you could agree with your husband or wife that the net proceeds of the sale (after discharging the mortgage, conveyancing solicitor and estate agent fees) are kept in a joint account or by a solicitor until an agreement is reached or a financial court order is made. In some situations, you can agree to the release of some extra money to allow you to buy your planned new property or to discharge family debts If your spouse won’t agree to a sale of the family home get a court order. If you are certain that the family home has to be sold as it isn’t financially possible for either of you to take it on because the mortgage company won’t transfer the existing mortgage into one of your names or you won’t be able to afford the mortgage on one salary then speak to Evolve Family Law about starting financial proceedings for an order for sale of the family home. If your husband or wife won’t cooperate with the sale of the property then a family judge has the power to make orders about the sale price, and the choice of estate agent. The judge can even sign the paperwork to sell the property if your ex-partner refuses to sign the contract to sell the house or the deed of transfer How can Evolve Family Law solicitors help? At Evolve Family Law we recognise that deciding to separate and sell the family home is hard. Often, the decision is finely balanced so you need specialist help to look at all your financial settlement options and work out whether the option of selling the family home is the best one for you. We will support you in negotiating a financial settlement with your ex-partner so you can move on with your life. For expert family law advice call our team or complete our online enquiry form.