separation

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.

Couple with divorce contract and ring on desk. Divorce

Reaching an Agreement When You Separate or Divorce

Most people realise that there are often no winners in a family law dispute. That is why it is so important to try to reach an agreement when you separate or divorce. In this blog, our family law solicitors outline the changes to the Family Procedure Rules (FPR) and explain how the rule change may affect whether you make an application to the court to resolve your family law dispute or choose a non-court based option to help you reach an agreement. For expert advice call our team of specialist divorce lawyers or complete our online enquiry form. The Family Procedure Rules  The Family Procedure Rules (FPR) set out the rules relating to making a family law court application. They must be followed by family law solicitors and barristers as well as litigants in person, professional experts, CAFCASS officers and the family law judge. On 29 April 2024, the FPR was changed. The reason for the change was to encourage non-court dispute resolution to reach a family law agreement over your financial settlement or child custody or contact dispute. The FPRs already required the applicant and respondent to most family law court applications to try family mediation before they went to court and asked the judge to resolve their family law dispute. There were a limited number of exceptions when you did not need to try family mediation before you made a family law court application. Those exceptions have been narrowed and reduced. The other major change to the rules is an emphasis on other non-court dispute resolution options, rather than just requiring most couples to try family mediation. Non-court dispute resolution options Whilst most people have heard about family mediation there are several other non-court dispute resolution options. They include: Family arbitration Collaborative law Private judge or financial dispute resolution hearing One lawyer divorce service A family law solicitor will go through each of these options with you to work out which one would suit you best and help you reach an agreement. Once an agreement is reached your lawyers can help you convert it into a binding court order from a family law judge. It is worth discussing your options with a family law solicitor as you may have ruled out family mediation or an alternative option. A family law solicitor can arrange family law mediation sessions where you are not in the same room as your ex-partner if there are concerns about this. Alternatively, if you do not want to negotiate in family mediation you may find that solicitor-involved family mediation works for you. If that does not suit you then using a one lawyer divorce service or a private judge may be your best option. Some might rule out using a private judge as being too expensive but it can be a cheaper and quicker option than court. Our family law solicitors will highlight the advantages and the disadvantages of the various non-court options so you can make an informed decision. [related_posts]  The Family Procedure Rule changes on non-court options   Couples in family law disputes now need to set out their views on the use of non-court dispute resolution options with a signed statement of truth. The statement is intended to highlight the importance of considering the non-court options. There may be implications if you decide not to engage in any non-court dispute resolution and you do so without good reason. For example: A judge could adjourn your family law application for non-court dispute resolution to be tried A judge could order that you pay some of your ex-spouse’s legal costs associated with the financial settlement court hearing because you refused to engage in any non-court based dispute resolution and the judge thinks money was wasted by taking it to court or a final hearing There are several reasons why applying to court and not using any non-court dispute resolution first is a sensible approach. For example: You need an injunction order to protect you from domestic abuse You fear your ex-partner is going to take your children overseas without your agreement Your spouse is transferring assets or money to other people and if you wait to bring a financial court application the money may have disappeared and your financial settlement claim will have been defeated by your spouse’s underhand behaviour Your ex-spouse is refusing to give you any financial disclosure so you cannot reach a fair financial settlement using any non-court resolution option as you do not know the extent of their assets Our family law solicitors can discuss the reasons why you think a court application should be started rather than look at a dispute resolution option so we can help you work out the best solution for you. The Evolve Family Law one lawyer divorce service Our one lawyer divorce service may be suitable for you and your ex-partner and this is one of the options we can explore with you. With this service, 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 are that it can save time and money but it is not the right format for every couple. For example, if there is a power imbalance and you would prefer to have your own lawyer then collaborative law or arbitration might be a better fit for one of you. Next steps We offer a fixed fee initial consultation in which we can discuss all legal and practical aspects of your separation and assess the best non-court dispute resolution option is the best route for you to take. For expert advice call our team of specialist divorce lawyers or complete our online enquiry form.
Robin Charrot
Jun 12, 2024   ·   5 minute read
Young man sitting on bed and praying while his wife getting suitcase before leaving

Can I Force my Partner to Leave the Family Home?

If you are separating from your partner the thought of living with them in the family home whilst you get divorced and sort out a financial settlement can be distressing. Our family law solicitors look at your options if you want your partner to leave the family home. For expert advice call our team of specialist divorce lawyers or complete our online enquiry form. Family home rights If you are married or in a civil partnership your right to stay in the family home after you have separated does not depend on whether you are the legal owner or a joint owner. If you are not a legal owner of the family home you still have rights. You cannot be forced out of the family home but nor can your partner unless: You or your partner agrees to leave One of you gets an injunction order forcing the other to leave – injunction orders are temporary A financial court order states that you or your partner should keep the family home or that it should be sold There are two issues here. First, injunctions are a short-term fix and do not transfer ownership of the property. The second is that it can take a long time to get a financial court order so you may need an injunction before you secure your financial settlement. It isn’t always easy to move out of a family home when you or your partner don’t have family living nearby or friends willing to put you up for what could be for over a year or until you can find somewhere to rent. When you look at the price of renting a property on Rightmove and the limited availability of rental property you can start to appreciate that your partner may struggle to rent somewhere suitable or, if they pay rent, they may not be able to pay towards the mortgage or pay spousal maintenance. You may want to look at timescales to see if you can speed up the process of reaching a financial settlement so you know where you stand with the family home and to make staying together in the property easier for both of you until the house is sold or the property transferred. It is possible to reach a financial settlement quickly and to record your agreement in a separation agreement. In any later divorce proceedings, the agreement can be converted into a financial court order. A family law solicitor will talk to you about the information you need to help you reach a quick financial settlement. For example, you will need to know how much the property is worth, the amount outstanding on the mortgage, the monthly mortgage figure, if your mortgage company would agree to either you or your partner taking the existing mortgage on, and if the mortgage company would lend you more so you can pay out your partner an agreed sum as part of an overall financial settlement. The payment needs to take into account the value of pensions and any savings. It is also sensible to look at rehousing costs for you and your partner so you know how much you would each need so you can work out if staying in the family home on a long-term basis is the best option for you. [related_posts] Occupation and ouster orders If your partner refuses to leave the family home while you are going through divorce proceedings and sorting out the financial settlement you cannot force them out, even if they are not a legal owner. You may be able to apply for an injunction order. An occupation order gives you the right to stay in the family home until a specified date. The order can give you exclusive occupation or say you can use parts of the house or share it all with your partner. An ouster order excludes or ousts your partner from the property. They cannot return to live at the property until the order ends. Applying for an occupation or ouster order You need to apply to the family court for an injunction order. The court will grant you an occupation or ouster order if it thinks it is just and reasonable to do so after considering all the circumstances and factors such as: Your housing needs and housing resources and those of your partner and any relevant child  Your financial resources and those of your partner The likely effect of any order, or the effect of not making an order, on the health, safety, and well-being of you, your partner, or any relevant child Your conduct and the conduct of your partner The court must also consider the likelihood of significant harm and the 'balance of harm'. This means the court must weigh up the likelihood of significant harm to you or your partner and any relevant child if an order is made, balanced against the likelihood of significant harm if an order is not made. If the court considers there is significant harm to you or any relevant child, the court should make an injunction order unless your partner or any relevant child is likely to suffer significant harm if the order is made, and the harm is as great or greater than the harm likely to be suffered by you or any relevant child (because of your partner’s behaviour) if the order is not made. If the court concludes significant harm is not likely, it is not obliged to make the injunction order but may do so. Getting help with an occupation and ouster order application Our family law solicitors can help you apply for an injunction order, start no-fault divorce proceedings on your behalf, and negotiate a financial settlement for you. For expert advice call our team of specialist divorce lawyers or complete our online enquiry form.  
Robin Charrot
  ·   5 minute read
Legal Rights of Separating Unmarried Parents

Legal Rights of Separating Unmarried Parents

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. [related_posts] 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.
Robin Charrot
May 21, 2024   ·   5 minute read
LGBTQIA+ Separation and Divorce   

LGBTQIA+ Separation and Divorce   

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.
Robin Charrot
Mar 15, 2024   ·   6 minute read
Will I Get Half in a Divorce Settlement in the UK?

Will I Get Half in a Divorce Settlement in the UK?

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.
Robin Charrot
Feb 16, 2024   ·   6 minute read
How to Deal With Parental Alienation

How to Deal With Parental Alienation

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.
Louise Halford
  ·   5 minute read
Planning Together for Children

Planning Together for Children

Planning Together for Children is the name of a course run by the organisation CAFCASS (Children and Family Court Advisory and Support) for separated or divorced parents.    In this blog, our children law solicitors look at the Planning Together for Children course and explain your options if you are a separated parent struggling to reach an agreement with your ex-partner on post-separation parenting arrangements for your children.  For expert family law advice call our team or complete our online enquiry form.   Planning Together for Children has replaced the Separated Parents Information Programme (SPIP) If your friends have told you that after they separated from their spouse, they went on a SPIP (or Separated Parents Information Programme) then you need to be aware that the Planning Together for Children has replaced the SPIP.  Can you use the Planning Together for Children resource? Access to the Planning Together for Children resource is limited to those parents and carers who are ordered by a family court judge to attend the course or who are referred to the course by a Family Court Advisor in children law court proceedings.  You therefore cannot access the online E-learning resources or attend the Parenting Together for Children workshop if you are a separated parent who is looking for information to help you reach an agreement about the parenting arrangements for your children. Nor can you use the resource if you are struggling with sharing parenting responsibilities with your ex-partner but neither of you has applied to the court for a child arrangement order, prohibited steps order, specific issue order or relocation order.  Options if you cannot use the Planning Together for Children resource If you want help in parenting together after separation there are a lot of useful books and online resources. If you need help with family dynamics speaking to a family therapist or counsellor may help as they may be able to assist you both in understanding the priorities of the other parent and help you focus on the best interests of your child when reaching a compromise about shared care, contact arrangements or parenting styles.  If you are struggling to reach an agreement about parenting after a separation or divorce you may not need to apply to court for a child arrangement order as you may be able to reach an agreement through:  Solicitor round table meeting  Solicitor negotiations  Family mediation   Once you have reached an agreement it is a good idea to record what you have agreed in a parenting plan. These types of plans need to be reviewed as your child grows up or circumstances change. For example, if your child wants to go to football sessions on a Saturday or ballet on a Wednesday after school or if one parent has to move house out of the area because of a job move.  You might also be interested in:   [related_posts] A Planning Together for Children referral If you are ordered by a judge to attend the Planning Together for Children course or a Family Court Advisor makes a request to the court for a referral there is no charge for accessing the online resources or going to the workshop.  Whilst you may not be a fan of e-learning or workshops it is important to try and get as much as possible from the course to give you the best shot possible of reaching an agreement with your ex-partner or being able to tell the family judge that you did so.  If you do not go to a Planning Together for Children course when ordered to do so by a judge the court may reorder your attendance on the course. This may delay your court application. Any delay or refusal to attend may make it less likely that the court will make the type of child arrangement order you are seeking.  What does the Planning Together for Children course cover? The e-learning section of the course will look at matters such as:   What happens if you go ahead with the child arrangement order or specific issue order court application?   How a separation and how you handle the separation can affect your child   Conflict and its impact on your child     Looking at the family situation from your child’s perspective   Supportive co-parenting – what it is and how it works   Communication skills to help you listen to your child and co-parent    Once the e-learning section is completed you move on to a workshop. This will normally take place online. Although the workshop is normally held online there are never more than 6 parents in a workshop group. Your ex-partner will not be in the same workshop as you.  The workshop focuses on the negative impact of parental conflict on children, how best to manage conflict and how to improve communication with your child and ex-partner so you can effectively co-parent.  The course will encourage you to discuss and agree on a parenting plan for your child to set out the residence, contact and other important care details for your child to avoid the need for you or your ex-partner to go ahead with your child arrangement order application.  How can Evolve Family Law help you? At Evolve Family Law all our family law solicitors are committed to resolving parenting disputes outside of court wherever possible. For example, through providing legal support during family mediation or helping you negotiate a parenting plan. Reaching an agreement is not always possible. For example, if you fear child abduction as your ex-partner has threatened to take your child overseas or if your ex-spouse is displaying alienating behaviour and refusing to let you see your child, or if you are concerned about contact arrangement because of a history of domestic violence.  Our family law solicitors will listen carefully to your needs and priorities and help you secure the agreement or court order you need for your children.   For expert family law advice call our team or complete our online enquiry form.    
Louise Halford
Jan 29, 2024   ·   5 minute read
Family Law Solicitors and the Resolution Annual Awareness Week

Family Law Solicitors and the Resolution Annual Awareness Week

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.  [related_posts] 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.  
Ellie Stokes
Nov 30, 2023   ·   4 minute read