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.
If you are coming out of an unmarried relationship and you have dependent children it is important to understand your legal rights and potential claims against your ex-partner. Do not assume that you or your former partner has no rights because you did not get married and you did not enter a civil partnership.
The law distinguishes between former cohabiting couples with dependent children and those without children or those who have adult children. In this blog, our family law solicitors focus on the rights and claims of ex-cohabitees with dependent children.
For expert advice call our team of family lawyers or complete our online enquiry form.
Your potential claims as a separated unmarried parent
As a separated unmarried parent, you can claim:
Child support
Top up child support if the Child Maintenance Service has made a maximum assessment
School fees if private education is affordable and thought to be in your child’s best interests
Extra costs of looking after a child with a disability
Lump sum payments if money is needed for specific items for your child
Help with housing whilst your child is dependent on you
Your rights as a former cohabitee are far more limited than if you were married or in a civil partnership. For example, you cannot claim spousal maintenance for yourself or claim a share of your partner’s pension or business.
As an unmarried partner, you cannot claim a share of the equity in the family home unless you are a joint legal owner or, if the property is owned in your former partner’s sole name, you may be able to claim a beneficial interest in it because of the contributions made by you to the property or under property or trust principles.
A separated parent with dependent children has more potential claims than an unmarried partner with no children or children who are now adults. However, even if you have children, you cannot make claims for child support unless you are the child’s main carer. If care is shared equally child support is not payable even if one parent earns substantially less than the other parent.
Housing claims when you are an unmarried parent
An unmarried parent can choose to bring a property claim (arguing that they are entitled to a share in the equity in the family home even though the property is legally owned by their ex-partner). This type of claim is made under the Trust of Land and Appointment of Trustees Act 1996.
Alternatively, or in addition, an unmarried parent can bring what is referred to as a Schedule 1 claim for housing for their child.
If you succeed in proving that you have a beneficial interest in a property the share of the equity you are awarded by the court is yours to keep if the family home is sold. The court can order the sale of the property to help realise your money if your ex-cohabitee cannot or will not agree to the sale of the property or if they cannot raise the money to pay you your share of the equity by taking out a mortgage on the property.
If you bring a Schedule 1 claim you are asking the court to order that housing be provided for your child. The equity in any property provided as accommodation belongs to your ex-partner. You and your child only have a right to live in the property until a specified date. That is normally when your youngest child reaches 18 or moves out of the property. A Schedule 1 claim therefore does not provide you with a long-term housing solution but, depending on the age of your child, could provide you and your child with mortgage or rent-free accommodation for several years.
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Schedule 1 applications
An unmarried parent can claim Schedule 1 of the Children Act 1989 asking the court to make financial provision for their child or children. The court will assess the needs of the child. This is a different approach to a divorce financial settlement where a divorce judge considers a range of factors, including the reasonable needs of the husband and wife.
Generally, any financial child support made under Schedule 1 will last only until a child is 18. If the court makes an order for the provision of a home this is called a settlement of property or transfer of property. The property could be the former family home or a different property, to be purchased by your ex-partner, but ordered to be used to accommodate your child and you until your child reaches a specified age. The court could also make a lump sum order under Schedule 1 to furnish the property to meet the needs of your child.
Navigating unmarried partner claims
It can be hard to work out if your best route is to make a property claim or a claim under Schedule 1 or both. Our experienced family law solicitors can help you work out the route that is best in your circumstances.
For expert advice call our team of family lawyers or complete our online enquiry form.
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.
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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.
At Evolve Family Law our family law specialists are members of Resolution, an organization of family justice professionals in the UK.
This week is Resolution’s Awareness Week.
For expert advice on family law call our team of specialist lawyers or complete our online enquiry form.
Resolution Awareness Week
In recent years, the Resolution dialogue surrounding divorce has shifted from a conventional narrative of separation to a more nuanced exploration of relationships and their legal underpinnings.
Once known as Good Divorce Week, an initiative spearheaded by Resolution, the annual event traditionally aimed to promote amicable separations. However, this year the Resolution Awareness Week marks a significant pivot, redirecting attention toward cohabitation and its intersection with UK family law.
A focus on all relationships
Resolution has long been at the forefront of advocating for constructive approaches to divorce. However, recognizing the evolving landscape of relationships in the UK, the focus has expanded beyond divorce to encompass the dynamics of cohabitation.
The renaming of the awareness raising event from Good Divorce Week to a more encompassing theme signifies a broader perspective that goes beyond divorce itself. This shift acknowledges that relationships come in various forms and that understanding the legal implications of cohabitation or the nuances of LGBTQI+ relationships is just as crucial as navigating the complexities of divorce.
Cohabiting relationships
Cohabitation, while increasingly prevalent, lacks the legal structure and statutory protections that marriage or civil partnership offers. This change in focus by Resolution during what was once Good Divorce Week represents a pivotal moment in acknowledging the need for clarity and legal recognition for individuals in cohabiting and non-traditional relationships.
The Resolution awareness campaign aims to dispel misconceptions surrounding cohabitation and educate individuals about their legal rights and responsibilities.
Central to this initiative is the spotlight on the absence of automatic legal protection for cohabiting couples in the event of separation. Resolution wants to highlight the importance of seeking legal advice and making sure cohabiting couples enter into cohabitation agreements.
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The call for cohabitation reform
Resolution's initiative aligns with ongoing discussions within legal circles advocating for reforms that bridge the gap between marriage and cohabitation in terms of legal rights. The goal is to ensure that individuals in cohabiting relationships have access to legal protections and equitable resolutions, akin to those in marital unions. That is becoming increasingly important with the rise in cohabitation. In 2021 there were reportedly 3.6 million cohabiting couples.
By extending its focus beyond divorce, Resolution's initiative reflects a holistic approach to relationships and family law. It serves as a platform to address the evolving nature of partnerships and strives to create a more informed, fair, and supportive legal landscape for all individuals, irrespective of their relationship status.
Evolving family law
In essence, the evolution of Good Divorce Week into a broader exploration of cohabitation within UK family law signifies a progressive step toward acknowledging the diverse forms of relationships. Through education, advocacy, and potential legal reforms, this initiative aims to ensure that individuals in cohabiting relationships are empowered and protected within the legal framework, fostering a culture of understanding and fairness in modern relationships.
How Evolve Family Law can help you
At Evolve Family Law our specialist family lawyers can assist you with all your family law needs if you are in a cohabiting relationship, including:
Cohabitation agreements
Declarations of trust
Children law and parental responsibility advice
Cohabiting relationships and claims on separation
Financial and property claims
Children financial claims for child support, school fees or assistance with housing dependent children
Wills for cohabiting couples
Lasting Powers of Attorney
Estate claims and inheritance disputes advice if you are a cohabitee who was not included in your partner’s Will or need to make a claim because you are not classed as a relative of your loved one under intestacy rules
It is best to talk to one of our solicitors about your cohabitation rights before you find yourself really needing an expert lawyer. For example, understanding property ownership and your rights under a cohabitation agreement could avoid expensive court proceedings if you split up from your cohabitee. For example, understanding that if your partner does not make a Will, you will not inherit anything under intestacy rules may encourage both you and your cohabitee to sign Wills and do some estate planning to protect your family.
We can help you resolve property-related or children focussed cohabitation disputes through:
Solicitor negotiations
Roundtable meetings
Collaborative law
Arbitration
The Evolve Family Law One Lawyer service
For expert advice on family law complete our online enquiry form.
In this blog, children and child abduction solicitor, Louise Halford, looks at what habitual residence means and why it is important in children law proceedings, and in applications for child arrangement orders and disputes over parental child abduction.
For expert child abduction and children law advice call our team of specialist divorce lawyers or complete our online enquiry form.
Why is your child’s habitual residence important?
For international families the legal concept of habitual residence in children law is important. If your child is classed as habitually resident in England, then the court in England and Wales will have the jurisdiction to decide where your child should live, who they should have contact with and whether they can live overseas.
A child’s habitual residence can be complicated because a child can be habitually resident in the UK even though the child is not a British citizen and nor are their parents. If your family is in the UK on a work visa or family visa or dependant visa, your child may be habitually resident in England.
If you are planning to leave the UK with your child it is best to speak to a children law solicitor to see if your child may be habitually resident in the UK and to understand the steps you need to take to legally take your child out of the UK.
If your child is habitually resident, and you don’t follow the correct steps and procedures before leaving the UK with your child, then you could be committing a child abduction offence. The English court could order that your child is returned to England so the English court can decide on where your child should live.
What does habitual residence mean?
Put simply, habitual residence means where you normally live. A child can be habitually resident in a country even though the child’s parents don’t live in that country.
Habitual residence does not have anything to do with your nationality as you don’t need to be a British citizen or have indefinite leave to remain to be habitually resident in the UK. It is a question of fact.
When assessing if a child is habitually resident in England, a child abduction solicitor or children court will look at how integrated the child is. For example, does the child go to school in the UK? Is the child enrolled at sports or other leisure groups in the UK?
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What happens if my child is habitually resident in England?
If your child is habitually resident in England then the English court has jurisdiction to decide where your child should live if there is a dispute with the other parent.
Under English law you can't take a child to live overseas without the agreement of the other parent and the consent of anyone else who has parental responsibility for the child. If you can't get written permission you can apply to court for a relocation order. If you leave the UK without a relocation order or written consent then you could be accused of parental child abduction and your child could be made the subject of a return order.
The law may seem bizarre to some parents, especially when you are intending to return to a home country or a country where you have strong family or other ties. However, children law solicitors recommend that you get legal advice on the meaning of habitual residence and how the legal concept may affect you and your family and the children law order solutions available to you so you can go ahead with your plans to leave the UK with your child.
For expert child abduction and children law advice call our team of specialist divorce lawyers or complete our online enquiry form.
Getting in contact with Evolve Family Law could not be easier.
We put a lot of legal information on our website and if you have a single question about your situation, you should find an answer in our blog here.
If you need a greater level of help, please use this form and one of our team will call you to make an appointment. Please note that we cannot offer Legal aid.
Unfortunately due to the level of single question enquiries we receive, we cannot guarantee to provide written answers to individual questions posted via this enquiry form.