Divorce

Any separation or divorce is a painful process, but it can be challenging when you are leaving an abusive partner. At Evolve Family Law, our divorce solicitors have experience in helping people separating from abusive partners.   Call Evolve Family Law or complete our online enquiry form.   Deciding to leave an abusive partner It is difficult to decide to leave a husband, wife or partner. People often think that the decision to separate is easy if you are leaving an abusive partner, as ending the relationship is the ‘obvious’ thing to do. As specialist divorce lawyers helping those involved in abusive relationships, our solicitors know that it is no easier to leave an abusive partner than it is to leave a caring and kind partner, where the relationship is at an end because the couple have drifted apart. There is help available to decide whether ending a relationship is the right thing for you. Counsellors, therapists and domestic violence charities all offer a sounding board. Family and friends can also be a good source of support if they are good listeners and able to let you make your own decision. A divorce lawyer can give you the legal information you need before you decide to leave your partner.   How do you leave an abusive partner? You may think the answer to the question ‘how do you leave an abusive partner?’ is obvious – you get up and leave. However, Cheshire divorce solicitors who work with people in abusive relationships know that it isn’t as easy as that. If you are in an abusive relationship, it is particularly important to plan your departure to make sure you and your children are safe. Here are our divorce solicitors' tips on how to leave an abusive partner: Get help and support – the support can be from friends, family, your doctor or counsellor, the police, a domestic violence agency or another source. Have an escape plan – if you are leaving a partner, it is normal to discuss why the relationship hasn’t worked out and why you are either leaving or want them to go. If you are leaving an abusive partner, it may not be safe to have that discussion. You may either need to leave without telling them about your plans or where you are going, or you may need injunction orders to protect you. Be practical – if you are making phone calls or using the internet, or you or the children are posting things on Facebook, think about whether your abusive partner will be able to trace you from those activities. If you are planning on leaving, think about what you will need to take with you to avoid returning for essential items. If the children are in school, make sure teachers know why you may need to collect the children early or arrange for someone else to do so. Protect yourself – if you are at immediate risk, then don’t follow any escape plan but get immediate help from the police. If you are not at immediate risk but are worried about your safety, then speak to a divorce solicitor about getting emergency injunction orders (called non-molestation and occupation orders) or children orders (called child arrangements orders or prohibited steps orders) to safeguard your children. Take legal advice – ideally, you should take legal advice before you leave an abusive partner so that you know where you stand legally and whether, for example, you can make them leave the family home, if you can change the locks, stop contact or get interim financial support. Be strong – you may think that you are not strong enough to leave or to withstand the pressure from your partner to return or their attempts to find you and exact revenge because you left. Leaving isn’t always the easy option, and that is why you may need support to stay strong.   Is my partner abusive? You may think that the question ‘Is my partner abusive?’ should have a straightforward answer. However, it isn’t uncommon for those leaving abusive relationships not to recognise their partner’s behaviour as abuse. That can be for a variety of reasons, such as: You understandably don’t want to be a victim of abuse, and so minimise your partner’s behaviour. You have a narrow view of what amounts to abusive behaviour because you have been coached into thinking that psychological abuse or coercive and controlling behaviour is not abusive. You have been told that your partner’s behaviour is normal or that it only occurs because of your demands. Your partner isn’t abusive to the children, so it must be your behaviour that is at fault and not that of your partner. Most injunction lawyers understand why a victim does not see their spouse’s behaviour as abusive during the relationship, and therefore why it is so hard for the victim to recognise their spouse’s behaviour as abuse when they separate from their abusive partner. If you have been told repeatedly that you are ‘mental’ or the one with the ‘problem’, it is all too easy to get sucked into believing that the abuse only occurs because your partner cares about you.   What is domestic abuse?   The definition of domestic abuse is extensive. Nowadays, courts and divorce lawyers recognise that abuse in a relationship isn’t limited to physical assaults. Domestic abuse includes: Verbal and emotional abuse, such as belittling you or telling you that you are mentally unwell or not a fit parent. Financial control, such as withholding money from you, so you are reliant on your partner. Intimidation and mind games, such as telling you that they will kill themselves or leave their job, so you will end up with nothing but guilt if you leave. Exercising coercion and control, such as not letting you see your family or being unwilling to let you go out to work or to have a bank account. There are numerous examples of what amounts to abusive behaviour in a relationship. Sometimes it takes talking to a friend, counsellor or divorce solicitor about your relationship to recognise the behaviour for what it is and to start to acknowledge the physical and emotional impact of your partner’s abusive behaviour on you.   Leaving an abusive partner If you are contemplating leaving an abusive partner, the number one priority is to make sure that you are safe and are empowered to do so. It is stressful leaving any relationship, but if your partner is abusive, the physical departure can be a dangerous trigger point unless handled carefully. Just as importantly, if you have been in an abusive relationship for a long time, it can be easy to succumb to promises of change or being told that you can’t leave because you won’t be able to take the children with you, or you won’t get a penny. It can feel as if there is no escape from an abusive partner, but that isn’t the case. With emotional and legal support, you can leave an abusive partner safely and rebuild your life.   Getting help with an abusive partner When you live with an abusive partner, it is hard to reach out and ask for help. That can be down to feelings of embarrassment or because you love your partner and want to stay in the relationship, but want the abuse to stop. Divorce lawyers find it is often the case that those in abusive relationships are too frightened to speak out and ask for help, as they fear what will happen if they do. That is understandable, as the last thing that you or they want is for your situation to be any worse than it is. If you are worried about seeing a divorce solicitor, then you can come to a meeting to discuss leaving an abusive partner with a friend or member of your family. They can help give you the courage to go, but remember that whilst friends and family can offer emotional and practical support, the decision to leave must come from you. If you don’t have friends or family to support you (or would be worried about things getting back to your partner), many supportive organisations and charities are there to help with information and advice, as well as individuals, such as your GP or a counsellor, who can support you in your decision to leave your abusive partner. Call Evolve Family Law or complete our online enquiry form.   Divorcing an abusive partner You do not need to refer to your partner’s behaviour to obtain a divorce. With the introduction of no-fault divorce proceedings, all you need to do is file an application saying that you think the marriage has irretrievably broken down. Even if your spouse does not share your view, they cannot oppose your divorce application. In the divorce proceedings, you will need a divorce solicitor who can stand up to your partner, ensure that you and your children get the legal protection you need, and help you make your own decisions about what you want.   Children and leaving an abusive partner It isn’t unusual for divorce lawyers to be told that someone has stayed in an abusive relationship for years, for the sake of the children. That can be down to a whole variety of factors, such as: Your abusive partner has told you that they will get custody of the children, and they won’t let you see the children because they will turn the children against you. You think that you would have to leave the family home, and you are worried that this will affect the children. The children love their other parent, and you don’t want them to grow up in a single-parent family. The timing to separate isn’t right because of a child’s exams or the start of primary or secondary school. The research into children and separation and divorce shows that: Children are remarkably resilient. Often, children know when there is something wrong with their parents’ relationship. Although the children may not have seen any domestic violence or physical assaults, because you have protected them, they can still pick up on the vibe in the household and be emotionally affected by it. Children prefer to live in two households rather than have their parents living together in an abusive relationship with a toxic atmosphere.   Child arrangement orders when leaving an abusive partner It is natural to feel very anxious about childcare arrangements if you are planning to leave an abusive partner. The priority is to ensure that you and the children are safe from any domestic violence (or the children witnessing it), so injunction applications can be made to safeguard you and the children. In addition, you can apply for a child arrangements order. In an emergency, a child arrangements order can be made quickly to protect the children. A child arrangement order can: Say the children should live with you, on a short-term or long-term basis. Set out whether the children should see your partner, and if so, whether the contact visits should take place in a supervised setting (for example, at a contact centre or in the presence of a member of your family or a trusted friend) and spell out the safe handover and collection arrangements.   Abuse allegations and child arrangement order applications If you and your abusive partner need to go to court to sort out the child care arrangements, it is essential that: Your husband or wife’s abusive behaviour and its impact on you and the children is explained by your solicitor as part of the court process; and The court looks at whether a finding of fact hearing is needed to decide on the domestic abuse allegations before it makes orders under the Children Act. If a finding of abuse is made, then the court should only make a child arrangements order and contact with the abusive parent if the court believes that the physical and emotional safety of you and your children can be protected before, during and after the contact. Many divorcing partners are adamant that they want their children to see their other parent, even though there has been abuse within the relationship. That is because they want their children to have a relationship with both parents. If you are satisfied that the children will be safe during contact, then it is essential to ensure that you are also safe during the handover of the children for contact. For example, you may not want your abusive partner coming to the house to collect the children, but would prefer a neutral handover where there is less chance that your partner will ‘kick off’ or say anything that will upset the children.   You might also be interested in [related_posts]   Leaving an abusive partner and getting a financial settlement It is natural to worry that even if you are safely able to leave an abusive partner, they will make sure that you ‘end up with nothing’. Divorce solicitors are experts in making sure that not only are you protected from an abusive partner, but that you also receive a fair financial settlement and that you are not bullied or coerced into accepting less than you need or are entitled to. Your lawyer can either negotiate with your ex-partner or start financial court proceedings. Whether you negotiate or start court proceedings, the important thing is that you have a solicitor on your side, making sure: You have the information and financial disclosure orders necessary to make financial decisions. Any financial settlement is reality tested to make sure that the financial court order meets your needs and is capable of enforcement if your partner remains difficult and uncooperative.   Legal help with an abusive partner Abusive partners tend to be bullies and don’t want or like anyone standing up to them. Courts don’t like bullies, so whether you are being physically assaulted, emotionally abused or financially controlled, there is help available from divorce solicitors and the family court to: Protect you through the making of non-molestation and occupation injunction orders. Financially protect you through the making of child support, spousal maintenance, property and pension orders and orders to enforce compliance if your abusive partner won’t comply with court orders. Protect the family through child arrangement orders to ensure your children are safe.   Evolve Family Law solicitors are approachable and friendly. We provide the expert divorce, children and financial settlement advice that you need when you are separating from an abusive partner and need someone on your side.   Call Evolve Family Law or complete our online enquiry form.   Our latest blogs

If you are married to a narcissist, you may need specialist legal advice to sort out your separation and divorce. Otherwise, you may find that your needs or those of your children are not adequately addressed. At Evolve Family Law, our Northwest divorce solicitors are experts in advising in divorce, children and financial proceedings where one spouse has behaved unreasonably, is a narcissist or has a narcissistic personality disorder.   Call Evolve Family Law for specialist family law advice or complete our online enquiry form. Is my spouse a narcissist? In any blog on divorcing a narcissist, it is important to look at some of the essential traits of a narcissist to help you understand if your spouse has the personality characteristics of a narcissist. The Oxford dictionary defines a narcissist as a person who has an excessive interest in or admiration of themselves. Narcissists are said to have the following personality traits: A sense of self-importance. A sense of entitlement. Requiring praise and attention. Willing to exploit and use others without feeling a sense of guilt or shame. Able to demean and belittle other people without worrying about the impact of their behaviour on others. Able to live in their fantasy world where they are the centre of attention.   Do any of those traits sound like your husband or wife? If so, you may need help from a counsellor to talk through how you feel about remaining in the relationship. Our divorce lawyers can advise you on the likely legal implications if you decide to separate or, if you have decided to separate or divorce, apply for a no-fault divorce and help you reach a childcare arrangement and financial court order. Getting divorced from a narcissist Divorcing is stressful, even when it is amicable. However, when your husband or wife is a narcissist, it can feel as if there is no escape from your marriage. There is, but you will need support, both legal and emotional.   If you are married to someone who exhibits narcissistic traits or has a narcissistic personality disorder, then you need to accept that your husband or wife won’t think that they are at fault or that anything they do is wrong. It can, therefore, be futile to have direct discussions on the reasons behind why you think the relationship is at an end. If they are a narcissist, they won’t engage or accept any fault.   A narcissist will turn any discussion about your marriage and separation into a tirade on looking at the impact of what is happening on them, rather than the impact on you or the children. If you have the sort of personality that gets stressed or know you will end up too frazzled to deal with the separation if your spouse starts to belittle you, then it may be best to leave things in the hands of your divorce solicitor. A divorce lawyer who has experience with narcissistic personality disorders and divorce will have the strategies to sort out your separation and divorce.  Divorce proceedings and narcissists Getting divorced is now straightforward, as you do not need to blame your spouse, nor do they need to blame you. That’s because the UK government has introduced no-fault divorce.   In no-fault divorce proceedings, the applicant for a divorce must be able to say that, in their opinion, the marriage has irretrievably broken down. The applicant’s opinion is sufficient. There is no need for the other spouse to agree and no need to substantiate the claim that the marriage is at an end with examples of unreasonable behaviour.   When a narcissist thinks that they are not in control of a situation, they can try to stop you from doing what you plan. That is not possible with no-fault divorce proceedings, as the applicant can decide to start the divorce application, and the respondent only has very limited grounds to object to the divorce.  The grounds to object to the divorce are limited to areas such as: You are not legally married. The respondent has already initiated divorce proceedings in another country. The English court does not have the jurisdiction to grant a divorce as neither spouse is domiciled or habitually resident in England and Wales.   Although a spouse with a narcissistic personality disorder cannot stop you from getting divorced, they can make the process challenging. Their behaviour may deteriorate, and that can be a concern if you are still living together in the family home or trying to negotiate a financial settlement or parenting arrangements once you are living in separate households. You need a strong, no-nonsense solicitor on your side who won’t get caught up in your spouse’s tirades but instead will focus on your divorce and sorting out the arrangements for the children and the financial settlement. Getting help with a narcissist spouse When you are separating or getting divorced from a narcissist spouse, you need all the legal and emotional support you can get. Your friends and family may not realise what you have been through and are currently coping with. That is because your spouse may present a ‘front’ to the outside world where they appear charming and worried about you and your ‘breakdown.’   First and foremost, there is no point in challenging what your spouse is saying to friends and family. If you do, then it is only likely to fuel matters as your husband or wife won’t be able to see the error of their ways as they are only able to see things from their perspective. That can be very hard for you to cope with. That’s why seeing a counsellor or therapist can help you see the situation you are in for what it is, rather than accepting your spouse’s interpretation of events based on their fantasy world where you are the only one at fault. Divorce and the narcissist parent When you are divorcing a husband or wife with narcissist traits or who has a narcissistic personality disorder, it is easy to feel very guilty about your children and in a quandary about what to do about childcare arrangements. Whilst your spouse is only likely to be interested in themselves, they may ask the court to order that the children live with him or her as part of their mind control games or because they know their stance will frighten you.   Whilst it can be tempting to say that a parent with a narcissistic personality disorder should not have contact with their children after the separation or divorce, this may not be realistic. For example, older children may want ongoing contact with the other parent, or you may need help with childcare. What’s more, if you say that you do not want your child to have contact with the other parent, they may raise accusations of parental alienation even though all you are trying to do is to protect your child from a parent with a narcissistic personality disorder. If you and your spouse end up in court over the childcare arrangements, it is essential that: Your husband or wife’s narcissistic traits are outlined neutrally, and The impact of their behaviour on you and your children is fully explained. That is important because many of the behaviours of a narcissist amount to abuse, such as controlling or coercive behaviour.   In an application for a child arrangement order, the court must consider any allegations of domestic abuse carefully. Abuse includes emotional abuse or psychological abuse of you or the children. If a finding of abuse is made, then the court should only make a child arrangements order and contact with the narcissistic parent if the court is satisfied that the physical and emotional safety of the child and the parent with whom the child lives can, as far as possible, be secured before, during and after the contact. An experienced Cheshire divorce solicitor can put the case in children proceedings for expert reports on a parent with narcissistic personality disorder or narcissistic traits. A psychologist or other expert can be asked to report on either the parent or on the whole family and assess the impact of the narcissistic parent’s behaviour on you and the children. Many divorcing partners are wary about labelling a narcissistic parent an ‘abuser’, but it is essential to recognise that abuse isn’t just physical and the effects of coercive and controlling behaviour can be insidious on you and your children. A specialist divorce lawyer can help you recognise that and work out childcare arrangements that best protect your children, or can robustly represent you in court proceedings.   You might also be interested in [related_posts] How to get a financial settlement from a narcissist Usually, a finance solicitor will recommend that they negotiate with your spouse to reach a financial settlement or provide legal advice to you between family mediation sessions. If your spouse is a narcissist or has a narcissistic personality disorder, then the advice may be different. That’s because it can be impossible to negotiate with a narcissist, as they always think they are right and can’t see anyone else’s point of view, other than their own. To the narcissist, it is all about their financial wants and needs and not yours or the children’s needs.   If you start financial court proceedings, there is a court timetable put in place so your spouse can’t delay or prevaricate, and the judge can ultimately decide on what financial orders are made. No one likes to think that a judge will take control of the family finances and make a financial court order deciding whether, for example, the family home should be sold or if you should get a share of the pension or the family business. However, when you are dealing with a narcissist, there may be little alternative as your spouse won’t be prepared to compromise.   You may think that you know your spouse and that even if the family judge makes an order to transfer the family home into your sole name, your spouse will not sign the paperwork to do so. The court is used to dealing with spouses who won’t cooperate. If necessary, the judge can sign the property paperwork on behalf of your spouse. The court also has the power to make financial disclosure orders and to draw adverse inferences if your spouse won’t accept the authority of the court.   Narcissistic spouses like to think that they are very powerful, during the relationship and the divorce, children and financial proceedings. That is why it is so important that you choose a divorce solicitor who won’t be intimidated or fazed by your spouse’s behaviour. Instead, your divorce solicitor will focus on securing your divorce and obtaining children and financial court orders that best meet yours and your children’s needs.   Evolve Family Law solicitors are approachable and friendly, providing expert divorce, children and financial settlement advice with experience in handling divorces where a spouse has a narcissistic personality disorder. Contact us today and let us help you Our latest blogs

A guide on all you need to know about no-fault divorce In this guide, our divorce solicitors answer your questions about how to get a no-fault divorce. For specialist family law advice, call Evolve Family Law or complete our online enquiry form. What is no-fault divorce? No-fault divorce refers to the divorce process. It is called no fault because fault has been removed from divorce court proceedings. This means you no longer start divorce proceedings based on adultery or unreasonable behaviour. Instead, divorce proceedings are started because the marriage has broken down. Grounds for a no-fault divorce To apply for a no-fault divorce, you need to file a divorce application and state that your marriage has irretrievably broken down. You do not need to say why the marriage is at an end. You also don’t need to have been separated for a specified period. As the grounds for divorce are simplified, it is no longer possible to contest or oppose a divorce other than in very unusual circumstances. Who can apply for a no-fault divorce? In no-fault divorce proceedings, there are three options: You and your spouse can apply jointly for a no-fault divorce, or You can apply for the divorce on your own, or Your husband or wife can make the divorce application. Whether you apply jointly or individually, the divorce process is similar. If you apply together, you are referred to as Applicant One and Applicant Two. If you submit the application, you will be the applicant, and your spouse will be the respondent. From a divorce solicitor's perspective, we would generally prefer you to either make the application jointly or to make the application yourself, so that you are in full or partial control of the divorce process and it does not get stalled if you want to obtain your divorce as quickly as possible. You might also be interested in [related_posts] The no-fault divorce court process The no-fault divorce process consists of four steps: You apply for a divorce – this could be a joint application or an application made by one of you. The applicant confirms they want to go ahead with the divorce. The court makes a conditional order – this used to be called the decree nisi of divorce. After a wait of six weeks, the applicant can apply for the final order – this used to be called the decree absolute of divorce. Between steps one and two, there is a twenty-week wait. That period can’t be shortened as it is part of the no-fault divorce law. How long does a no-fault divorce take? Divorce solicitors estimate that no-fault divorces will take approximately six months from the start of the divorce application to the final divorce order. However, the timescales may be slightly longer if there are delays between the four stages. For example, because you want extra time to reflect or because you don’t want to progress the divorce proceedings over the Christmas period. A no-fault divorce is therefore not a quickie divorce, but it does have two advantages: There is no need to blame your husband or wife for the marriage breakdown, and so there is no need to negotiate the grounds for the divorce application. A no-fault divorce may reduce acrimony and help you reach an agreement on child custody and contact, or the financial settlement. No-fault divorce, child custody, and contact In a no-fault divorce, the court is not asked to decide on the future parenting arrangements for your children after your divorce. Ideally, you will be able to agree on the parenting arrangements either directly, through help from family law solicitors, or in family mediation. If you are unable to reach a childcare agreement, either you or your spouse can make a separate application for a child arrangement order. This order will say if the care of the children is shared and will specify the amount of parenting time the child will spend with each parent. If you are concerned about child abduction or you want to move overseas with your children after your divorce, then you can apply to the family court for a prohibited steps order or relocation order. No-fault divorce and financial settlements In a no-fault divorce, the court is not asked to decide who gets what assets in a financial settlement unless either you or your husband or wife asks the court to do so. If you can reach a financial settlement by agreement, you can jointly ask the court to approve a financial consent order. If you can’t reach a financial settlement by agreement, either one of you can file a document, called a form A, to start financial proceedings. There is then a series of court hearings to ensure that financial disclosure takes place and assets are valued. Afterwards, a judge holds a final hearing to decide on the financial settlement and issue a financial court order. At any stage in the financial proceedings, you can reach an agreement and ask the court to approve a financial consent order. The fact that divorce proceedings are based on no fault will not affect the amount you receive as a financial settlement, because if a husband or wife has behaved very badly, you can refer to this in the financial proceedings. However, behaviour must be very extreme to affect a financial settlement, and the behaviour needs to be linked to financial matters. For example, allegations of domestic violence may be relevant to the financial settlement if the victim of domestic abuse cannot work and needs spousal maintenance for a period of time because of the physical or emotional impact of the domestic violence on their ability to find employment or to return to work.   If you have questions about the no-fault divorce court process or need advice on children or financial settlement issues, the divorce solicitors at Evolve Family Law are here to help.   For specialist family law advice, call Evolve Family Law or complete our online enquiry form. Frequently Asked Questions on No-fault Divorce Do you need to say why you want to get divorced? In no-fault divorce proceedings, you do not need to explain why you want a divorce. The only requirement is that you can state, in your opinion, that the marriage has broken down irretrievably. Can my spouse oppose my no-fault divorce application? It is difficult for a spouse to oppose a no-fault divorce application because all the person applying has to state is that they believe the marriage has broken down irretrievably. If your spouse disagrees, this does not give them grounds to oppose your application. If no-fault divorce proceedings are opposed, it is normally because the court lacks jurisdiction. This could be because one spouse says there are ongoing divorce proceedings in another country, or that the court in England does not have jurisdiction as neither spouse is a British citizen and neither is domiciled or habitually resident in the UK. Jurisdiction is a complex issue. Therefore, it's best to consult a family law solicitor if jurisdiction is queried. How long must we be married for to initiate divorce proceedings? You must have been married for at least 12 months before you can initiate divorce proceedings. If you have been married for less than 12 months, a family law solicitor can help get the paperwork ready so you can file the divorce proceedings on the 12-month anniversary. They can also help you reach a financial agreement on how your assets are split and draft a separation agreement. How long must we be separated for before we can start divorce proceedings? There is no minimum period of separation before a husband or wife can apply for a divorce. The only requirement is that you can state that the marriage has irretrievably broken down. How much does a no-fault divorce cost? At Evolve Family Law, we offer fixed-fee divorce services for most divorce applications. If your separation is relatively amicable, our One Lawyer Amicable Divorce Service may help you both file for divorce, obtain an agreed financial consent order and draw up a parenting plan. The service is provided by specially trained family lawyers who can advise and prepare all necessary legal documents to obtain your final order of divorce and financial consent order. For expert advice, complete our online enquiry form.

If you are separating or divorcing and have questions about how your husband or wife’s behaviour will affect your financial settlement, then the divorce solicitors at Evolve Family Law can help you.  Call Evolve Family Law or complete our online enquiry form. Divorce proceedings and unreasonable behaviour Since the introduction of no-fault divorce proceedings, all you need to say to obtain a divorce is that, in your opinion, your marriage has irretrievably broken down. There is no longer a requirement to explain the reasons behind the breakdown of the relationship, and no need to cite and give examples of a spouse’s unreasonable behaviour. Divorce law was changed to make it less acrimonious. A husband or wife no longer needs to think of six to eight ways in which their spouse behaved unreasonably. That’s a good thing, as no-fault divorce avoids disputes over who should start the divorce proceedings. Although you can no longer refer to unreasonable behaviour in divorce proceedings, you can refer to unreasonable behaviour on the part of your spouse when applying for: An injunction order – a non-molestation order or occupation order. Children law order, such as a child arrangement order, specific issue order, prohibited steps order or relocation order. Financial court order – if the circumstances justify it. Bad behaviour and the impact on divorce financial settlements When you ask the court to make a financial court order, you can ask the court to consider your spouse’s bad behaviour when deciding on the size or structure of the financial settlement. The court is duty-bound to consider several factors (referred to as the Section 25 factors, as they are contained in Section 25 of the Matrimonial Causes Act 1973). One of the factors is conduct if the court thinks it would be inequitable to disregard it. Alleging behaviour in financial  proceedings When you file your Form E in the financial court proceedings, you have the option to include a reference to bad behaviour. The court may ask you to file a detailed statement setting out your behaviour allegations and how they should affect the financial settlement, and your spouse will be given the opportunity to reply. The threshold to raise bad behaviour is high. Although your husband or wife may have behaved very badly by having an affair, being abusive or being a spendthrift, you should speak to a divorce solicitor about whether the bad behaviour will be considered relevant in the financial court proceedings. A specialist finance lawyer will advise you on the best way to secure a financial court order that meets your needs after balancing the impact of the bad behaviour on you and the likelihood that the court will consider it relevant, having regard to statute and caselaw. Is the bad behaviour gross and obvious? The court’s view is that a spouse’s conduct will only affect the financial settlement if it is ‘gross and obvious,’ and so serious that it would be unfair for it to be ignored. Whether a spouse’s conduct has been serious enough to be classed as ‘gross and obvious’ will be a highly subjective decision. What is classed as bad behaviour in financial court proceedings? Several forms of bad behaviour or conduct may affect the size or structure of a financial settlement. These include: If a spouse has a gambling addiction and has gambled away a lot of the family’s money. If a spouse has assaulted and injured the other spouse, so that the injured spouse’s ability to work and earn money has been affected. If a spouse has been found guilty of a financial criminal offence. For example, a conviction for fraud will prevent the spouse from providing spousal maintenance or child support for their family. If a spouse has remortgaged the family home without telling the other spouse, and used the mortgage funds for their purposes. Every family situation is different, so although you may believe your spouse’s behaviour was gross, it is best to check with a divorce lawyer. The family law solicitor can advise if the specific behaviour is likely to have an impact on your financial settlement after assessing all the circumstances.  You might also be interested in [related_posts]   What is financial misconduct during the financial court proceedings? A spouse or former spouse may behave badly during the financial court proceedings. Examples of this type of behaviour include: Dragging out the financial proceedings, or running up needless and excessive legal costs. This isn’t usually reflected in the financial settlement. Instead, the court can order the irresponsible spouse to pay some or a proportion of the other spouse’s legal costs. Hiding assets or transferring assets to family members. The court can be asked to make a Section 37 injunction order or to join family members into the financial court proceedings. A spouse lying about their financial situation and not giving full financial disclosure. The judge can deal with poor behaviour  during the court proceedings by: Ordering the guilty spouse to pay some or all the other spouse’s legal costs. Structuring the financial settlement differently. Assuming, when making a final financial decision, that the guilty spouse is much wealthier than they say they are. If the lying is discovered after a final decision, the decision or financial court order can be set aside, and the process started again. Financial settlements can be structured differently if the judge accepts that a spouse has behaved badly or is not trustworthy. For example, a judge may think that it is best to award a spouse a larger share of the equity in the family home because there is a risk that if the equity were split equally, the wealthier spouse would not pay the ordered spousal maintenance because their behaviour during the marriage or the proceedings indicates they are not trustworthy. How much does bad behaviour change the financial settlement? The impact of the conduct on the financial settlement will vary greatly and entirely depends upon the circumstances of a family. A specialist family law will consider: The bad behaviour. The impact of the bad behaviour on the other spouse. The additional costs of arguing that bad behaviour is relevant to the financial court order. The likely prospects of the court agreeing that the bad behaviour is relevant to the financial settlement and awarding a better financial settlement. In every case of bad behaviour, your divorce solicitor will carry out a cost-benefit analysis of whether the additional time spent arguing your valid points will help you achieve a better financial settlement. Sometimes it won't, but your divorce lawyer will instead recommend an alternative strategy to get you the best financial settlement possible, such as: Filing a questionnaire to ask specific questions about your spouse’s financial disclosure and asking for more paperwork. Asking the judge for permission to instruct a forensic accountant to assess the value of a family business. Instructing a shadow accountant to investigate complex financial transactions or investments. Asking a pension actuary to value the pensions accurately. Why choose Evolve Family Law as your divorce lawyers? Here are three reasons to choose Evolve Family Law as your divorce solicitors: We are a niche law firm specialising in family law and private client services with offices in Holmes Chapel and Whitefield. All our divorce lawyers are experts in their field. They are also approachable and will do their best to answer all your questions and help you reach a financial settlement or childcare arrangement that suits you. Many of our family law services are provided on a fixed fee basis. When we charge on an hourly basis, we are transparent about our fees. Here are some client reviews. If you need family law legal advice, we are here to help. Call Evolve Family Law or complete our online enquiry form.

In this blog, Louise Halford, a family lawyer specialising in children's law, examines what children want from shared parenting.   Call Evolve Family Law or complete our online enquiry form for children's law advice.   What is shared parenting? To some, shared parenting means equal parenting, where a child’s time is split equally between the two parental households. To the court and family lawyers, shared parenting is a more encompassing concept. A child can live with one parent under a child arrangement order but participate in a shared parenting arrangement because their other parent has contact and actively cares for them. Take the case of two separated parents who parent 50/50 but don’t communicate with one another, unless they have no choice. The anger and animosity during their separation and in financial settlement negotiations meant their divorce was labelled as high-conflict. They are now engaged in shared parenting, but not in the spirit of it. Contrast their co-parenting with a Mother who has a child arrangement order and a child who lives with her 60% of the time. You may think that isn't shared parenting, but the Dad is actively engaged in all important parental decision-making, and both parents communicate with one another to provide their child with consistent parenting and routines. As a children lawyer, Louise Halford prefers to use the broad definition of shared parenting as that encapsulates what shared parenting should be. It should not relate to percentages or the hours spent with a child, but rather to sharing the job of being a parent and quality time.   The court's approach to shared parenting The court has moved away from weekend contact to an absent parent (traditionally the Dad), and nowadays, a child arrangement order with shared parenting is usual unless: The parents engaged in a high-conflict divorce, or There was domestic violence in the parental relationship, or Child welfare reasons prevent shared parenting, or The child is of an age to say that they do not want a shared parenting arrangement, or Geographical reasons make shared parenting impractical. Child welfare issues include factors such as parental alcohol or drug addiction, mental health, or other issues that lead the court to conclude that a shared parenting arrangement is not in the child’s best interests.   Shared parenting after a high-conflict divorce It can be hard for separated or divorced parents to put aside their differences and focus on shared parenting. High conflict between parents can stem from: One or both parents' behaviour during the relationship. One parent has met a new partner, and the other parent does not think the new partner is a good role model for their child. Difficult financial settlement negotiations, or one parent is unhappy with the terms of a financial court order. Unwanted interference from extended family or new partners. Children focused on creating parental conflict as it suits their agenda to play one parent off against the other.   The consequences of high conflict in shared parenting Some of the consequences of high-conflict divorce in shared parenting arrangements are: The children don’t want to move between the two households as it is too emotionally draining. Children are embarrassed by the parental conflict and don’t want their friends to witness it. The children work hard to fit in and be the children their parents want them to be during their parenting time – the children lead a double life. Children mask and pretend that the conflict between their parents isn't affecting them. Children act out because they are caught in the middle of a parental war.   Research on what children want from shared parenting You would think it would be relatively easy to download the latest research on what children want from shared parenting and quote relevant chunks of data. However, it is far from easy. A lot of internet searching led us to an article published in April 2015 in The International Journal of Children's Rights, ‘’A qualitative synthesis of children's experiences of shared care parenting arrangements post separation.’’ [related_posts]   Data on children's experiences of shared care parenting arrangements post-separation  The 2015 article in The International Journal of Children's Rights pulls together international research on children’s experiences of shared cared parenting post-separation from studies conducted in various countries. Here is a snippet from the article that references two of the research studies: ‘’The line that differentiates sole versus shared care is arbitrary, adult-construed, and does not necessarily reflect the views of the children involved. Rather than a binary legal argument, children consider multiple factors when assessing the parenting plan that may work best for them (Sadowski and McIntosh, in press; Whitehead, 2012). Participants across the studies seem to favour shared care when they were provided input into the decision-making process, when parents respect and integrate their feelings and concerns, when the parenting plan emphasised and maximised their time with both parents, and when the plan supported a continuous and meaningful relation- ship with both parents and their siblings post separation and divorce (Blackwell, 1992; Cashmore et al., 2010; Lodge and Alexander, 2010)’’. In summary, the various research studies referred to in the article show: Living arrangements with flexible contact between both parents were the preferred arrangement across studies. Children appreciate the opportunity to see their other parent and the flexibility to visit their other home when needed. Children appreciate shared care that provides them with a regular routine and a sense of being wanted by both parents. Children prefer shared care when they were asked for their views on how shared care will work, and when parents respect their views and the plan allows for meaningful time with both parents. Children appreciate shared parenting that allows for flexibility, enabling the plan to be adjusted to fit the child’s priorities and commitments. Young adults sometimes prefer to have one home because they want to concentrate on school or find it hard to study in a parental household with younger half-siblings. Children get frustrated when a parenting plan does not allow them to spend quality time with one parent. Some children, especially when parents conflict with one another, find shared parenting difficult. Some children expressed a preference for stability and a regular routine. The type of shared parenting arrangement has a significant impact on how it works for the child. Some children took the view that an alternating week schedule with each parent was too disruptive for them. The children said that sharing their time between both parents did not weaken their sibling relationships or adversely impact their childhood friendships.   Lessons from the 2015 research The research studies in the 2015 paper tell family lawyers what children want from shared parenting: To be heard and to feel that they have a voice. For parents to work together to make shared parenting work. Parenting plans based on a child’s needs rather than a parent's desire to have 50/50 time. Flexible shared care to meet a child’s calendar of sports activities, friendships and commitments. Shared care arrangements that adjust as children's needs change over time. One of the key points in the 2015 article was the importance of listening to the child. In one study, a child described attending a school event with both parents. To outsiders, it must have appeared to be a successful shared parenting arrangement. However, to the child, it was awful, as they recognised their parents’ body language and the fact that neither was prepared to speak to the other.  The article highlights that what children want from shared parenting is the real thing: parents who can communicate and share parenting responsibilities between two households, rather than high-conflict parents pretending to engage in shared parenting.   Shared parenting legal advice Parents may need help understanding how shared parenting affects their children when parenting styles conflict, there is a high level of parental conflict, or when practical issues, such as distances between parents’ homes, make shared parenting difficult to navigate. It is equally important for parents to understand the impact of a shared care regime on the financial settlement and child support arrangements. Whilst money should not affect the decision on the type of parenting plan that meets the needs of your children, for most parents, the financial impact is a key consideration. Where parenting time is shared equally, the Child Maintenance Service rules say that no child support is payable, even if there is a significant income discrepancy. Those child maintenance rules can make it difficult for some parents to agree to a shared parenting regime, even in situations where they get along, unless the ex-spouse is willing to pay child maintenance voluntarily. When parents are splitting up, it's best to discuss openly with older children and the other parent the type of parenting arrangement that will best suit your family after your separation. Those discussions can take place jointly with the child, individually with each parent or with professional help. The help could come through a child-inclusive family mediation or family therapy. At Evolve Family Law, our children's law solicitors provide comprehensive legal advice, ensuring parents receive the support they need to understand the financial and practical implications of agreeing to a shared parenting arrangement. If an agreement cannot be reached, we can advise and represent you in an application for a child arrangement order.   Call Evolve Family Law or complete our online enquiry form for children's law advice. ‍ ‍

A Guide to What Assets will be Shared in Divorce Proceedings and how Couples and Their Financial Advisors can Safeguard Family Wealth From Being Shared in Divorce Financial Proceedings Standish v Standish [2025] UKSC 26. On 2 July 2025, the Supreme Court ruled on the classification of assets in divorce financial proceedings, specifically whether matrimonial assets and non-matrimonial assets should be shared when the court makes a financial order. The decision in the Supreme Court case of Standish is important because it emphasises how crucial it is to work with your family law solicitors and financial advisors to ensure family wealth and non-matrimonial property is protected. At Evolve Family Law, our specialist family lawyers can advise you on wealth protection strategies and advise you in financial settlement negotiations and court proceedings. For expert family law advice, call our team of specialist family lawyers or complete our online enquiry form. The Supreme Court decision in Standish v Standish You can read the full court ruling here. Supreme Court rulings in family cases are rare due to the high cost and litigation risk associated with appealing from the original decision to the Court of Appeal and then to the Supreme Court. The decision in Standish radically alters the size of the financial award to Mrs Standish, but it also: Explains how the sharing principle in dividing matrimonial assets should work. Says that the sharing principle does not apply if the asset is a non-matrimonial asset unless it is a needs case. Offers guidance on when a non-matrimonial asset can convert to a matrimonial asset and therefore be subject to the sharing principle. Matrimonial assets and non-matrimonial assets Depending on the extent of your family's wealth, categorising assets into separate pots can be helpful. They are: Matrimonial assets or family assets, and Non-matrimonial assets or non-family assets If all your assets are matrimonial assets, they will be shared with your spouse. The starting point is an equal division of assets, but the court can order a different outcome after considering the factors in Section 23 of the Matrimonial Causes Act 1973. These include the needs of dependent children, the duration of the marriage, and other relevant factors, such as housing requirements and earning capacity. The court will only share an asset classified as a non-matrimonial asset if the sharing of the matrimonial assets does not meet one spouse’s reasonable needs. Ownership and the classification of matrimonial assets and non-matrimonial assets Some people believe that if an asset is jointly owned, it is considered a matrimonial asset, whereas if it is held in a spouse’s sole name, it is deemed a non-matrimonial asset. The law is more complicated than that. The judgment in Standish confirms that matrimonial assets are ‘’the fruits of the marriage’’. However, the fruits do not need to be owned jointly to be classed as marital assets. If a husband and wife cannot agree on whether an asset is a matrimonial asset or a non-matrimonial asset, the court can rule on the issue. This is what the Supreme Court did in the Standish case. Family lawyers recommend the use of prenuptial agreements and postnuptial agreements if you want to reduce the risk of a dispute over whether an asset is a matrimonial asset or a non-matrimonial asset. You might also be interested in [related_posts] How a non-matrimonial asset can convert into a matrimonial asset The Standish case involved an argument that the husband’s non-matrimonial assets had converted into matrimonial assets when he transferred millions to his wife, to enable her to place the funds in a trust as a tax mitigation strategy for the benefit of the children. The money was not placed in a trust, and the wife argued that the transfer of the funds from her husband's sole name into her name converted the money from a non-matrimonial asset to a matrimonial asset. The Supreme Court disagreed. While the Supreme Court said assets could change category by a concept referred to as ‘’Matrimonialisation’’, it had not occurred when Mr Standish transferred funds to his wife. The concept of Matrimonialisation If a non-matrimonial asset is matrimonialised, it becomes a family asset. That’s a crucial transformation as under the family court principles, a matrimonial asset is available for sharing between the husband and wife. The court will start on the premise that all matrimonial assets should be shared equally between the husband and wife, unless there is a reason to depart from this principle of equality. If you have family wealth or are a financial advisor, accountant or tax advisor, you need to understand the Standish principles of matrimonialisation and how to avoid it. In Standish, the Supreme Court said: Matrimonialisation occurs where there is intention by the contributor to share non-marital property, coupled with treatment by the parties of this non-marital property as shared over time. The Standish Matrimonialisation principles can be summarised as: Matrimonialisation will not be applied narrowly or widely by the court. When deciding if a non-matrimonial asset has become a matrimonial asset, what is important is how the husband and wife have dealt with the non-matrimonial assets and whether their course of dealing shows that, over time, the husband and wife have matrimonialised the non-matrimonial asset into a matrimonial asset. If a husband or wife wants a share of a non-matrimonial asset, they need to be able to demonstrate that the other spouse intended to use or treat the assets as matrimonial assets despite their initial treatment as non-matrimonial assets. The longer an asset is shared or treated as shared by spouses, the stronger the evidence that the asset has become a matrimonial asset. Financial lawyers should advise on the proportionality of arguing whether an asset is a matrimonial asset or a non-matrimonial asset, or if a non-family asset has been matrimonialised.   The facts in the case of Mr and Mrs Standish Every family law case is decided on its facts. As every family is different, it is hard to say that a family situation is an exact match to an earlier court decision. In the case of Mr and Mrs Standish, Mr Standish kept his wealth separate from his wife, except for some accounts and a jointly owned family home. In 2017, he transferred £80 million to his wife as part of a tax mitigation strategy. Instead of transferring the assets into a trust, Mrs Standish separated from her husband and started divorce proceedings. She argued in the Supreme Court that the transfer of funds into her name converted her husband's non-matrimonial asset into a matrimonial asset. The Supreme Court disagreed because it held that there was ‘no Matrimonialisation’ of the assets because the transfer was to save tax and was for the benefit of the children not the wife and therefore the money was not being treated by the husband and wife for any period of time as an asset that was shared between them. Accordingly, the wife’s financial award was limited to £25 million, representing her share of the matrimonial assets. Classifying assets as non-matrimonial assets and avoiding Matrimonialisation You may not be as wealthy as Mr. or Mrs Standish, but it is essential to understand how family wealth and pre-marital assets can and should be protected. Here are some examples of where family wealth or pre-marriage assets may require protection: Money inherited from extended family. Parents gifting substantial sums as part of their inheritance tax strategy. Pre-marriage owned family business. Second marriage and a desire to protect family wealth for the benefit of children from a first marriage. Substantial civil compensation damages. Pension fund to which pension contributions were made prior to the relationship. The best way to ensure that there is no dispute over whether a particular asset or account is a matrimonial asset or non-matrimonial asset is to: Sign a prenuptial agreement to categorise specific assets as non-matrimonial assets. Review the prenuptial agreement if circumstances change. Speak to a family law solicitor when wealth or financial planning to ensure that non-matrimonial assets are not being matrimonialised by wealth planning strategies. Sign a postnuptial agreement if you come into unexpected wealth that you want treated as a non-matrimonial asset, such as an inheritance, the gift of money from a parent, the transfer of shares in a multi-generational family business or the release of capital or income from a trust fund. If you have connections to more than one country, as you or your spouse is from overseas, speak to a family lawyer with international family law expertise who can advise on jurisdictional issues and the impact on your prenuptial agreement or postnuptial agreement. Speak to Evolve Family Law At Evolve Family Law, our specialist prenuptial agreement solicitors collaborate with accountants, tax advisors, wealth planners, and trustees to help families understand decisions such as Standish v Standish and how to best plan their financial futures. For expert family law advice, call our team of specialist family lawyers or complete our online enquiry form.    

If you are getting divorced, there are reasons why you need a financial court order, regardless of your current financial circumstances. In this blog, our divorce solicitors explain why you need a financial order, the types of court orders and how to obtain one.  For expert family law advice, call our team of specialist divorce lawyers or complete our online enquiry form. Does a divorce end financial ties between a husband and wife? Initiating divorce proceedings does not sever the financial ties between spouses. When you secure a final divorce order, the marriage is legally at an end, but former spouses can apply for a financial court order. There is no time limit to make a financial claim. That’s why you need a financial court order if you don’t want to risk a financial application years after your separation. The consequences of divorcing without a financial court order Getting divorced without a financial court order increases the risk of future complicated court proceedings to determine the value of assets at the date of separation and to argue about the impact of delay on the size of the financial award. If you divorce without a financial court order, your former spouse could claim a share of your assets even if they bring their claim 5,10 or 20 years after the separation. If your assets could increase in value, it is in your interests to ask the court to make a financial court order when you divorce. Assets that may substantially increase in value include: Pensions, especially if you continue to make pension contributions. Shares in a family business. Equity in the family home or other property. These assets can be considered by the court even if they are owned in one spouse’s sole name. Although the court considers delay when determining what constitutes a fair financial settlement, it also takes into account the individual's needs. If there is a small amount of equity in the family home at the date of separation, and you have a pension with a nominal value, that may not be the case in ten years. Alternatively, your former spouse may have had a well-paid job at the date of separation, but five years later, is unable to work due to ill health. Do separation agreements end financial ties between husband and wife? Some couples sign a separation agreement when they split up. The agreement may or may not end financial ties – it depends on what was negotiated at the time of separation. Family lawyers always recommend that a separation agreement is converted into a binding financial consent order. This can be achieved through a consent application. There is no need to attend a court hearing to obtain a consent order. Does a prenuptial agreement stop financial ties between husband and wife? If you signed a prenuptial agreement before your marriage, or a postnuptial agreement after your marriage, you may think you don’t need a financial consent order because your family agreement prevents or limits financial claims. You still need a financial consent order, even if you have an existing family agreement in place. A prenuptial or postnuptial agreement is not legally binding in the UK. It can carry significant weight if safeguards were put in place when it was prepared, and it meets the reasonable needs of your spouse. Ideally, a spouse will agree to convert the terms of the agreement into a binding financial consent order. If they won't do that, it is better to ask the court to make a financial court order in the same terms as the prenuptial or postnuptial agreement, rather than wait and face a financial application by your former spouse at a date chosen by them. For example, when the value of your investments or the shares in a family business has quadrupled in value in ten years. Does death end financial ties between a former husband and wife? The death of a former spouse does not end potential financial claims unless there is a financial court order that says explicitly that all claims are over. Without this type of order, a surviving former spouse can claim a share of the deceased spouse’s estate. This can be complicated and awkward in situations where the deceased spouse had children or had remarried. When you separate or divorce, you also need to review the provisions in your Will and take advice from a Will solicitor on how to avoid a claim against your estate. [related_posts] Does a financial consent order end financial ties between a husband and wife? Whether a financial consent order ends financial ties and stops future financial claims by an ex-husband or wife depends on its contents. There are three types of financial consent orders: Clean break – ending financial ties and claims. Deferred clean break – ending financial ties at a specified future date. Non-clean break. You may question why you should accept a financial consent order that only gives you a deferred clean break or no clean break. Your divorce solicitors will negotiate the best financial settlement possible for you. In your situation, that may involve you paying or receiving spousal maintenance for life or on a time-limited basis. Lawyers and courts always strive to achieve a clean break to provide finality and avoid further court proceedings to increase or terminate spousal maintenance or to capitalise spousal maintenance. This may not be possible where there is a significant income disparity between the husband and wife, justifying the payment of spousal maintenance, but with limited equity in the family home, nominal savings, or small pension funds. Where there are substantial family assets, the spouse with the reduced income can accept more of the capital assets (such as the equity in the family home) in consideration for giving up spousal maintenance claims and agreeing to a financial clean break order. What is a clean break financial order? A full clean break financial court order prevents all future financial claims. A clean break means there is no risk that a former spouse will ask a family judge for more because your financial situation has improved unexpectedly or theirs has worsened. The only exception to this rule is if the financial court order was made without providing complete and frank financial disclosure. For example, saying your business was worth 3 million when you had received an offer for 30 million. In some family situations, it isn’t possible to end financial ties either immediately or in the long term. For example: To provide a home for the children, the family home will remain in joint names until the children have finished school or reached the age of 18. Financial ties will be severed when the family home is sold. If there was a long marriage with substantial income disparity and insufficient capital to buy off the spousal maintenance claim, spousal maintenance may be ordered for the life of the receiving ex-spouse or until their remarriage. What is a deferred clean break financial order? A deferred capital clean break ends financial claims when an event occurs, such as the sale of the jointly owned family home. A deferred income clean break provides an immediate capital clean break, so a spouse cannot request additional funds, such as money from the family home or a larger percentage of a pension. However, the order maintains income ties until, for example, spousal maintenance payments cease. The court order could stipulate that spousal maintenance payments will cease after three years, with the clean break taking effect automatically upon completion of this period, as the court ruled that the spouse receiving spousal maintenance is not entitled to apply for an extension of the maintenance period. Is a financial consent order worthwhile if it does not contain a clean break? It may be impossible to obtain a clean break financial consent order due to your personal or financial circumstances. A financial consent order without an immediate clean break leaves you at risk of further court proceedings. For example, an application to increase spousal maintenance or to capitalise the spousal maintenance payments. However, if you do not have a financial court order, you are at risk of your spouse asking for an order that they get a share of your capital assets. These could include the equity in the property you own, shares in a listed company, your family business, or your pension. Therefore, whilst a deferred clean break financial consent order or a non-clean break financial consent order is not ideal, it is infinitely better than having no financial order. How to end financial ties with an ex-husband or wife To end financial ties with a former spouse, you need a clean break financial court order. If you cannot achieve this, it is still preferable to obtain a financial court order, even if it leaves open the potential for an ex-spouse to make a further court application. Take the example of a restaurant diner. Without a financial court order, the diner can request a three-course meal. With a non-clean break order, the diner may be limited to ordering dessert or after-dinner drinks. How to obtain a financial court order Most financial court orders are obtained by agreement. The court approves a draft order submitted by family law solicitors. There is no need to attend a court hearing. There are several ways you can reach a financial settlement, including: Solicitor negotiations. One lawyer divorce. Family mediation. Family arbitration. If you cannot reach an agreement, either of you can apply to the court for a financial court order. The court will order financial disclosure, and after a series of court hearings, it will hear evidence and make a financial court order to divide the assets. Our divorce solicitors can help you obtain a no-fault divorce and reach an agreed financial settlement or convert an agreement reached in family mediation into a binding court order. If you can't reach an agreement, our financial lawyers can represent you in a financial application to help you achieve a financial court order that meets your needs.   For expert family law advice, call our team of specialist divorce lawyers or complete our online enquiry form.

It’s bad enough to separate or divorce, but even harder to go through a shareholder dispute as well. Northwest divorce lawyers recognise that if you are in business with your husband or wife, you may face a shareholder dispute and financial proceedings over your divorce settlement. In this article, financial solicitor Robin Charrot answers your questions on shareholder disputes with your former partner during divorce proceedings. Robin can help you reach a financial agreement over how your family assets are divided and specialises in financial settlements involving family businesses. For expert family law advice, call our team of specialist divorce lawyers or complete our online enquiry form. Your frequently asked questions on family businesses in financial  proceedings Whether you own shares in a family business, jointly operate the business with your spouse, or rely on the income generated from the business without playing a part in it, you will have questions about the business if you and your spouse separate, such as: Are business assets relevant to divorce proceedings? What happens if business assets are not disclosed in financial proceedings? What happens when spouses are shareholders in a family business? Can a divorced couple agree to continue in business together? Can I ringfence business assets so they are irrelevant in divorce proceedings? Role of a shareholder agreement in divorce proceedings Valuing a business in a shareholder dispute or divorce proceedings At Evolve Family Law, our family lawyers have acted for spouses in a wide range of financial proceedings involving family businesses, from start-ups to multi-generational firms. We have the experience to help you whether you are the majority shareholder, minority shareholder,  employed by the business, or not involved in the company. Financial settlements involving a family business can be complicated as they raise complex issues, such as whether the business is a family asset, how it is valued or whether its current income stream is maintainable. Our legal experts have the expertise to guide you through financial proceedings involving a family business with all the complicating corporate, employment, and tax issues. Are business assets relevant to divorce proceedings? Business assets are potentially relevant to a financial settlement. They must therefore be disclosed in your financial disclosure. The rules on financial disclosure of business assets in divorce apply to all types of businesses, including: Companies Partnerships Limited liability partnerships. Sole traders. If you own shares in a family business, are a partner in a partnership or LLP or are a sole trader, you must disclose your business interests as part of your financial disclosure. Your finance solicitor can then make the case for you to say that your business is irrelevant to the financial settlement and its value should be ignored. Arguing that a business is not a family asset can be based on these arguments: Your prenuptial agreement said the value of your business would be ignored in any financial settlement. The marriage was of very short duration. You inherited, purchased, or developed the business before marriage. Your spouse signed a postnuptial agreement that said the business would not be considered in the financial settlement. Shares are held in a discretionary trust, and you are one of several beneficiaries. Whatever argument your divorce solicitor recommends is put forward on your behalf, providing complete and frank financial disclosure of all personal and business assets is crucial. A finance lawyer will prepare your Form E financial disclosure and advise on how best to present your disclosure and your best case to argue that your business should be ring-fenced and excluded from the negotiated financial settlement or financial court order. What happens if business assets are not disclosed in financial proceedings? You need to disclose your business assets, whether you are involved in financial court proceedings or negotiating a settlement through: Direct discussions with your spouse. Solicitor negotiations. Roundtable meeting. Family mediation. Family arbitration. If you do not disclose business assets and they are discovered after a financial court order is made by agreement or after a court hearing, your spouse can ask the court to reopen the case and award them a share of the business assets or more of the non-business assets. Failure to disclose or inadequate financial disclosure leaves you open to: Risk of further court proceedings. Costs orders. Ending up paying your former spouse more than they would have been given at the final hearing of a financial application. For example, if the business substantially increases in value after the conclusion of the divorce proceedings. If your spouse or their divorce lawyer discovers the existence of a business or other asset during the court-imposed financial disclosure process, this can lead to: Your spouse asking the court to order additional financial disclosure. The extra disclosure may not have been ordered if you had not raised suspicion by failing to provide financial disclosure. Your spouse asking the court to order that a forensic accountant be instructed to forensically consider the accounts and advise on a business valuation and liquidity. Your spouse asking the court to draw inferences about your honesty because of your business non-disclosure. Your spouse asking the court to order that a third party, such as the company or the trustees of a discretionary trust, be joined as an intervenor in the proceedings. What happens when spouses are shareholders in a family business? Divorce financial settlement solicitors say family law trumps company or corporate law because even if your husband or wife owns a 50% shareholding in the company, the family court can order the sale or transfer of shares in the financial proceedings. Working in the same business environment can be particularly tough if you are getting divorced. It’s best to keep business and private stuff separate, if possible, so the business isn’t affected by your separation. It’s unlikely to be in either of your interests for the business to suffer if you struggle to work together until a financial settlement is reached. [related_posts] Can a divorced couple agree to continue in business together? A divorcing couple can decide to remain in business together after their divorce. The marriage may have ended, but you may be good business partners. To reduce the risk of conflict and litigation (either family or corporate), you need: A financial court order in financial proceedings. A shareholder agreement if your business is a company. A partnership or LLP agreement if you are in business as a partnership. You should not rely on pre-separation corporate documents, as changes may be necessary. For example: A new dividend policy so your former spouse cannot stop your dividend income unless clearly defined circumstances are met. A new shareholder agreement to set out revised share voting or other rights. These documents can ensure the success of your future business relationship with your former spouse. For example, the agreement could say that if your spouse remains employed by the company as the managing director, he cannot, as the majority shareholder, increase his salary from £60,000 to £200,000. The effect of this salary decision could change the amount of dividend income you receive. Can I ringfence business assets so they are irrelevant in divorce proceedings? You can try to ringfence your business assets so they are irrelevant to the financial proceedings by signing a prenuptial or postnuptial agreement. The weight given to this type of family agreement will depend on a variety of factors, including whether: There was financial disclosure of the business as part of the prenuptial or postnuptial agreement process. Your spouse’s reasonable needs can be met through a financial settlement from the available family assets. For example, suppose the family assets are 12 million, and your spouse says their reasonable needs are 7 million after a short, childless, high-net-worth marriage. In that case, you can argue that your business assets, with an additional value of 15 million, should be ringfenced and ignored. Why? Even if the court agrees that your spouse needs 7 million, the money can be found from the available family assets that have been valued at 12 million. Role of a shareholder agreement in divorce proceedings If you divorce, your shareholder agreement may say your husband or wife must transfer their shares to you for £1. That does not mean your spouse will not get a fair financial settlement or a proportion of the family business. If you want to protect your business after marriage, you need a postnuptial agreement consistent with your shareholder agreement's wording.  If you are unmarried but plan to do so, you need a prenuptial agreement. Our prenuptial agreement and postnuptial agreement lawyers can work with your corporate solicitors and business advisors to ensure that the family agreement tries to ringfence your business assets and is consistent with your new shareholder agreement. Valuing a business in a shareholder dispute or divorce proceedings Valuing a business in a shareholder dispute or financial proceedings usually involves the instruction of a forensic accountant. The accountant is typically asked to consider: The value of your shareholding or partnership. The net value after the tax implications of a sale or transfer. The potential income stream if you continue holding business shares. The fact that a family court orders a business valuation doesn’t mean that the court will order the sale of the business. In most cases, the court will want to know the net value of the shareholding so it has an idea of the total extent of the family assets and any non-family assets. The court can then use that information to make a financial court order after weighing all the statutory factors to reach what the court considers a fair financial settlement. Contact Evolve Family Law for expert family law advice.