Divorce

According to the latest research, women face a bigger income drop than men in the year after their divorce. Our family law solicitors look at the latest research and explain how the structure of a financial settlement and childcare arrangements can affect your post-divorce income.   Contact Evolve Family Law for Specialist Family Law Advice.   Research into the impact of divorce on incomes The latest research from Legal & General reveals that on average, women see their income fall by 50% in the year following their divorce.  In contrast, men’s incomes fall by 30% in the year following the divorce. L&G refer to this as the divorce gap. The L&G research goes deeper and reveals that: Nearly a quarter of women (24%) felt financially vulnerable after their divorce. Nearly a fifth (19%) of women struggled to pay their bills. 13% of women are concerned about the financial implications of retiring alone. How about the men? Only 16% of men felt financially vulnerable, and only 10% of men struggled to pay essential bills. 8% of men were more concerned about their retirement plans and retiring alone after their divorce. Some people may think the L&G research shows that women worry more about finances than men, but the data goes beyond the headlines and explains the rationale behind the divorce gap.   Research into the reasons for the divorce gap The L&G research revealed the reasons for the divorce gap as: 63% of women felt the financial impact of stopping sharing finances and outgoings with a partner, compared to only 39% of men. Roughly a quarter of the people surveyed said that the wife was the primary breadwinner before the divorce, and in 22% of marriages, the husband and wife earned about the same amount. After their divorce, around a fifth of women returned to employment.  Women are twice as likely as men to reduce their hours of work after their divorce because of parenting responsibilities. Only 13% of divorcing couples considered pension splitting when reaching a financial settlement. Women tend to prioritise non-pension assets when reaching a financial settlement. 28% of women did not receive pensions as part of their divorce settlement compared to 17% of men.   You might also be interested in [related_posts]   Will a divorce have an impact on my income? When a couple separates, it is common to move from a two-income household to a one-income household, resulting in a reduction in income. Unfortunately, it is often not possible to achieve a corresponding decrease in outgoings across the two households created by the separation. It is crucial that your divorce solicitor looks carefully at the impact of divorce on your income, as that should massively influence the size and structure of the financial settlement. Reaching a divorce settlement is a bit like putting a jigsaw together because the capital settlement (the share of the family home sale proceeds or the split of savings and investments) can influence how much income you need to meet your outgoings or your ability to pay spousal maintenance. For example, if you receive sufficient equity from the sale of the family home, you may be able to buy a new property either mortgage-free or with a modest mortgage. If you are the financially stronger spouse and receive a reduced share of the equity in the family home, you may not be able to afford to pay spousal maintenance and pay your bills.   Income support after a divorce If a divorce will impact your income, then you can consider ways to enhance your income through: Spousal maintenance. Child support. Improving your earnings capacity through increasing your hours of employment or retraining.   Income issues after divorce There can be income issues after divorce because with all three options, problems can arise, such as: The court prefers to achieve a clean break with no spousal maintenance payable in cases where a clean break is appropriate and there is sufficient capital to achieve that type of financial court order. Spousal maintenance stops if you remarry and may end if you cohabit with a new partner or if your former spouse loses their job or their income decreases. A former spouse may not comply with a spousal maintenance order, so you may be forced to apply to the court to enforce the order. Child support is not payable if parents agree or the court orders equal shared parenting under a child arrangement order. This rule applies even if your former spouse earns substantially more than you. You may agree on a financial settlement based on shared parenting, but your ex-partner then says they cannot share care, leaving you with additional childcare responsibilities. It may not be possible to increase your earnings capacity if you are undertaking the lion's share of parenting or if you were out of the job market as a stay-at-home parent during the marriage.   Assessing if you will receive or be ordered to pay spousal maintenance Whether the court will order that you pay spousal maintenance or receive it depends on a range of factors. These include: Whether you have young children to support, and whether the care of the children impacts your earnings capacity. Whether any disability or age impacts your ability to seek employment or increase your income, or your ex-spouse’s ability to do so. Your income and earnings capacity, and those of your former spouse. The extent of your respective reasonable outgoings. The length of the marriage. Other factors, such as the existence of a prenuptial agreement that sets out whether and how long spousal maintenance should be payable after your divorce. Depending on the ages of the children and future earnings capacity, the court may order that a former spouse should pay spousal maintenance on a time-limited basis so that you can adjust to the divorce and reduction in household income. Alternatively, the court may prefer to award you more capital so you can buy a home with an affordable mortgage (compared to your ex’s financial settlement), meaning that you have lower monthly outgoings than your former spouse and therefore no requirement for spousal maintenance.   Talk to a family lawyer   Whatever your priorities, it is best on separation or divorce to take legal advice from a specialist divorce solicitor so you can understand the range of options for your financial settlement and work out which one is best for you and your family.   Contact Evolve Family Law for Specialist Family Law Advice.

When you are separating in an age where almost everything is carried out electronically and online, it is important that your divorce solicitors understand the digital assets that your husband, wife or civil partner may hold and how to trace them. In this article, financial settlement solicitor Robin Charrot answers your questions on divorce and digital assets. Contact Evolve Family Law for Expert Divorce Advice. Digital assets in divorce financial settlements There is no definition of a digital asset in financial remedy applications and financial settlement negotiations. That is probably sensible, because the world of digital assets changes rapidly with the latest developments in tech. Divorce solicitors find it best to outline the type of digital assets that you or your spouse might own to trigger a discussion about what assets you or your husband or wife might hold digitally. It is essential to do that, as whilst you may not forget about the existence of a holiday home, a collection of watches, or your partner’s shares in the family business, you may easily forget about an online bank account or the cryptocurrency that your spouse mentioned years ago. Digital assets can include: Cryptocurrency Bitcoin Non-fungible tokens (NFT) Ethereum Online share dealing account PayPal account Air miles Online gaming and betting accounts Income-generating social media accounts Sentimental assets such as photo libraries You might also be interested in [related_posts] Cryptocurrency and its relevance to a divorce financial settlement Digital assets such as cryptocurrency can be family assets in the same way as property, pensions, or shares in a family business. Just because something is held digitally, rather than physically, it does not mean that it is irrelevant to your financial settlement. Reaching a fair divorce financial settlement involves: Working out what assets a husband and wife own individually, jointly, or with a third party and assessing if the assets are family or matrimonial assets or non-matrimonial assets. Tracing assets where there are valid suspicions that an estranged husband or wife has not fully disclosed assets. Getting the assets accurately valued. Looking at the needs of a husband, wife and any dependent children to work out the relevance of any non-matrimonial assets. If the asset is not considered to be a family asset, the court can have recourse to it if it is necessary to do so to meet a husband or wife’s reasonable needs. Negotiating a financial settlement, and if that is not possible, representation in a financial remedy application to obtain a financial court order. Dealing with cryptocurrency in financial remedy proceedings A good divorce solicitor combines bloodhound tracing skills with technical knowledge and a hefty dose of pragmatism. For example, an eBay account may not seem significant, but it is if it is the primary source of sales in a family business, or if a spouse has been squirrelling money away by keeping it in a PayPal account. Likewise, everyone talks about cryptocurrency, but your financial settlement lawyer needs to track down the information to find the investment or to show the discrepancies between disclosed assets and lifestyle. Whilst some digital assets, like photos or the dog’s Instagram account, may only have sentimental value, they still are important to you, so need to be sorted out fairly but without racking up massive legal bills. A financial settlement solicitor will determine whether a forensic digital expert is needed to track down digital assets, and when pragmatism and common sense suggest the expense is not proportionate. When dealing with digital assets in financial negotiations after a separation, it is essential to consider: Drawing up a digital inventory – what you know that you or your spouse holds as digital assets. What you suspect and why you suspect it – was the talk of bitcoin hot air, or is there a basis to trace assets or gather evidence of their existence? Are the digital assets capable of being shared, and if not, who will keep them? The fairness of one spouse keeping the digital assets and the other keeping non-digital assets. That consideration may be relevant if there is a large online share dealing account subject to stock market fluctuations, but there may be an equally uncertain property market if the other spouse wants to keep the family home. Financial remedy solicitors at Evolve Family Law At Evolve Family Law, our team of expert financial settlement lawyers have vast experience in: Tenacious asset tracing of digital assets and property held in the UK or overseas. Divorce settlements involving high net worth individuals, assets held in trust and assets not held within the jurisdiction of the court. Providing specialist legal advice in between family mediation sessions and converting a mediated agreement into a financial consent order. Representing husbands and wives in complex financial remedy applications involving extensive financial disclosure requests and asset tracing, as well as disputes over asset valuations and the classification of assets as matrimonial or non-matrimonial. Advising on potential financial claims after an overseas divorce. Whether you have reached a financial agreement with your spouse and want it converted into a binding court order or need help with an ex-partner who won't provide financial disclosure or negotiate, our lawyers can help you obtain the financial settlement and court order you need. Contact Evolve Family Law for Expert Divorce Advice.

If you think your ex-partner is hiding assets in divorce proceedings, it is best to get expert family law advice on your options. Contact Evolve Family Law for expert divorce and financial settlement advice.   The requirement for financial disclosure in divorce financial settlements Divorce solicitors will tell you that husbands and wives are under a duty to provide full and frank financial disclosure of their assets when negotiating a financial settlement. That applies whether you are negotiating a financial settlement through: Direct discussions. Solicitor negotiations. Family mediation. Financial disclosure is also a requirement if a family law judge or an arbiter is deciding the financial settlement in financial court proceedings or through family arbitration.   The extent of financial disclosure  The court has a standard list of financial disclosure requirements, but a husband or wife can request additional information and ask questions. The judge will decide if the extent of the additional questions and the request for extra documents is relevant and proportionate. You may not want to engage in extensive financial disclosure if: Both of your finances are straightforward, and You both had access to bank statements and assets, so you know that money has not been moved from accounts, and You can reach a negotiated financial settlement. Every family situation is different. You probably know if your ex-spouse has hidden financial information and assets from you throughout your marriage. Alternatively, you may suspect that they started doing so when they met someone else, or when the marriage got into difficulties, and the relationship started to drift apart.   Red flags and financial disclosure in financial proceedings If your husband or wife appears keen to reach a clean-break financial settlement without providing financial disclosure, this may raise a red flag for your divorce solicitor. The family lawyer may question why your spouse objects to financial disclosure and why they are pressing you to reach an agreement so quickly. You need some minimum paperwork to check your spouse’s financial settlement proposals and for the court to be with the terms of a proposed financial court order that a family law judge is asked to make. If an estranged spouse is trying to pressure you to agree to a financial settlement without first providing financial disclosure and wanting you to accept their word about the extent of the assets or their current value, then you should consult a financial settlement solicitor. Your ex-partner might be totally honest and want to ‘cut to the chase’ and get a binding court order, but you are entitled to see the required financial disclosure and to take family law legal advice on their financial proposals and the wording of the court order.   You might also be interested in [related_posts]   Reasons why assets are hidden from spouses There are many reasons why an ex-spouse may try to hide assets or minimise their value. Divorce solicitors come across these common excuses: It is inherited or gifted money. It is savings from one spouse’s income. The ex-spouse’s new partner owns their current house, and the ex-spouse says they have no right to any equity in the property.  There is no need to get a business, pension or other asset valued, as your ex thinks you should take their word that the asset either has no value or is not sellable. Money was owed to a family member and was transferred to them to repay a loan rather than to hide assets Cash put into additional bank accounts was forgotten. An ex thinks property owned abroad or owned before marriage is irrelevant to the financial settlement and should therefore not be disclosed. These are all excuses. None of them is a good reason not to provide complete financial disclosure. Sometimes an asset will not be relevant to a financial settlement, but your financial lawyer needs to know about the asset and its current value so they can advise you on its relevance in your family circumstances. For example, a pension accrued before a short marriage with a cash equivalent transfer value of £10,000 may not be of significance. Your ex may waste their time and money by trying to hide an asset that may be of limited relevance because of the duration of your marriage or your ages. However, by failing to disclose the pension, you and the court may be far more sceptical about whether your ex-spouse has fully disclosed the existence of the pension or how honest their other financial disclosures are. For example, you may question the extent of your ex’s declared self-employed income or the reason they have transferred money to a sibling or new partner.   Steps to take if an ex is hiding assets If you are separated or getting divorced and believe your ex is hiding assets, you may need urgent financial settlement advice and help with an injunction application to safeguard and preserve the money until the court makes a financial order. Examples of when a spouse may require a financial injunction include: Your ex is transferring money or property to a third party. Your ex is putting their pension in payment and taking the maximum tax-free cash sum to put the money out of your reach. Your ex is syphoning money out of the family business to make sure the family business has a lower value placed on it, as profits will be reduced. Your ex is buying property overseas or transferring assets abroad. Your ex is moving money out of joint bank accounts and putting it into cryptocurrency or bitcoin.   Financial injunction applications A financial injunction order is a temporary measure to stop your ex-spouse from hiding or disposing of assets. It is best to consider applying for a section 37 injunction rather than assume that, in financial settlement court proceedings, your ex-spouse’s new partner, parent, or sibling can be joined to the financial application to try to unravel the transfer of assets. If you have not already done so, a divorce solicitor will also advise you to start financial court proceedings for a financial court order. Within the financial remedy application, the court can make financial disclosure orders that your ex will need to comply with.   Consequences of noncompliance with financial disclosure rules If your ex does not comply with the financial disclosure orders, then you can ask the judge to enforce the disclosure orders against your ex or ask the court to draw inferences. For example, if the court ordered disclosure of historical bank statements to reveal what happened to the equity of £100,000 after the sale of a buy-to-let property. If your ex flouts the disclosure order, you can ask the court to draw inferences as to why and ask the court to add back in the £100,000 so you get a greater share of the other family assets.   Financial proceedings and ex hiding assets If you have started financial proceedings and you are not satisfied with your ex’s Form E financial disclosure, a specialist family solicitor can review the financial disclosure with you and draw up a list of additional questions and request extra non-standard paperwork. For example, if your ex-spouse is the director and shareholder in a family business and you suspect they have been syphoning money off to their new partner by creative accounting or use of the director's loan account, you can ask for a forensic accountant to value the business and look at the accounting concerns. Alternatively, you can ask the court to make financial disclosure orders to help you investigate if: Your ex is self-employed, and the family lifestyle does not match their declared earnings. Your ex has withdrawn significant sums from a business or personal account, and the withdrawals are not their usual pattern of spending. Your ex previously mentioned an asset that was a rainy-day asset or pension, but there is no mention of the asset in their financial disclosure. There are lots of ways a tenacious divorce solicitor can ‘get to the bottom’ of financial disclosure, through your background information and knowledge of your ex, combined with financial disclosure orders,  valuations and freezing injunctions.   Contact Evolve Family Law for expert divorce and financial settlement advice.

In this article, our family lawyers explain the legal definition of domestic violence and how you can protect yourself from it.   Contact Evolve Family Law Today for Family Law Advice.   What is domestic abuse? Domestic abuse can be referred to as domestic violence, partner abuse or family-based violence. Whatever label is given to domestic abuse, it involves any incident or series of incidents of controlling, coercive, threatening, abusive or violent behaviour. Domestic abuse includes: Physical violence. Sexual abuse. Emotional or physiological abuse. Economic abuse. Coercive and controlling behaviour. Harassment Online and digital abuse. Stalking.   Victims of domestic abuse A victim of domestic abuse can be anyone in an intimate or family relationship. Most victims of domestic abuse are women. However, men experience domestic abuse from female or same sex partners. Children can also sadly experience abuse either directly through being hit or experiencing emotional abuse through witnessing a parent experience domestic abuse. In many families, the domestic abuse is not always apparent to extended family, professionals or outsiders. However, that does not mean that it is not occurring. A victim of domestic abuse does not need their abuser to have been arrested or convicted of an offence to qualify as a victim or to receive help from family lawyers or other professionals.   Types of domestic abuse Some people do not understand the scope of domestic abuse in its various forms. Here are some examples of the range of domestic abuse: Physical abuse ranging from extreme violence to a punch, shove or push. Sexual abuse includes all forms of unwanted sexual contact and is not limited to rape. Psychological, mental or emotional abuse can range from mental mind games, gaslighting and derogatory remarks. For example, telling someone they are a nutter, ugly or stupid. Harassment ranging from stalking type behaviour outside someone’s home to online harassment on social media accounts. Financial abuse can take many forms, such as restricting a spouse’s access to money and to their bank account. Coercive control covers anything from not allowing a spouse to leave the family home unaccompanied to controlling what a spouse wears or eats.   Response to domestic abuse The response of many victims of domestic abuse can be confusing, as they may: Accept the behaviour, as often a spouse will be told that the domestic abuse is their fault, and so they learn to accept the behaviour as part of the relationship. For example, victims are told that the abusive behaviour is normal, and they are not. Normalise the behaviour, thinking that an assault is just a slap. Deny the behaviour by thinking that the domestic abuse is all in their mind, after having been repeatedly told that they are the ones with the mental illness. Respond to the behaviour with abuse by starting to become abusive to their spouse or others, as domestic abuse has become the ‘’norm’’ within the household. Justify the behaviour to the children or others. For example, saying that the domestic abuse only happens because of a spouse’s stressful job or family pressures. A family law solicitor can advise and help you leave an abusive relationship and explain the sort of help that organisations and charities offer to help you understand how you were groomed into thinking that the abuse was an acceptable part of your relationship.   The impact of domestic abuse Most experts agree that being subjected to or witnessing domestic abuse can lead to: Low self-esteem. Low mood. Isolation from friends and family. Indecisiveness. A spouse may only decide to leave a partner when they see the impact that adult domestic abuse is having on their children. Even if the children do not see the abuse, the atmosphere and tension in the family home can be very damaging to their welfare.   [related_posts]   Injunction court orders An injunction order is one means of protecting yourself or your children from domestic abuse. An injunction is a court order stopping a named person from taking a step or ordering a step to be taken, such as: Stopping an assault or harassment by an ex-partner. This is called a non-molestation order. Ordering one spouse to leave a family home or stay away until the court decides what should happen long-term with the family home. This is called an occupation or ouster order. Removing a child from one parent’s care if there is a fear of child abduction. Preventing one spouse from taking money and assets until the court decides how property and assets are split in the financial settlement. This is called a Section 37 injunction or freezing order. If you are concerned about your children, the court can also make an urgent child arrangements order. This child order determines with whom your child should live and whether your child should have contact with the other parent. In an emergency, the court can make temporary urgent orders.   Frequently Asked Questions on Injunctions How do you get an injunction order? To obtain an injunction, an application is made to the family court supported by a statement. The evidence you need for the injunction depends on what you are trying to stop or prevent. The court may make an injunction order without your spouse being present if the judge considers the situation urgent. The court will list a hearing where your spouse or partner can attend and oppose your application or object to the injunction continuing if the court has made a temporary order in their absence.   What are the grounds for an injunction order? The grounds depend on the injunction order that is requested from the court. If you are worried about your safety or the physical or emotional safety of your child, Evolve Family Law can assess your options, including the option of applying for an injunction order.   Is an injunction order permanent? Typically, injunctions are temporary court orders designed to help a family until they, or, if necessary, the court, can make long-term decisions about the custody and contact arrangements for a child, or about the sale or transfer of the family home. However, an injunction can be an essential protective measure needed before long-term decisions are made.   Legal help with domestic abuse If you are in an abusive relationship and need help from an injunction solicitor, we can advise you on your options and help you secure an injunction order. Contact Us Today

In this blog, our family law solicitors examine what happens if you keep financial secrets during a separation or divorce.   Contact Evolve Family Law Today for Expert Family Law Advice.   Reasons for hiding money during a relationship There are many reasons why someone might hide money or not reveal their financial situation whilst in a relationship, such as: Wanting to build up a safety net of savings that their partner won’t spend, so there is a rainy-day savings fund in case of redundancy or a large unforeseen bill, such as replacing the boiler. Feeling the need to save money so that there is an escape route from an abusive relationship where the partner secreting the money is afraid that without the hidden money if it will be impossible to leave their controlling partner. Hiding credit card debt or loans because you know that your partner will worry about the debts. Feelings of embarrassment about having incurred debt. In some cases, the debt may have been incurred before the new relationship, and it now feels ‘too late’ to mention it. If a couple decides to separate, it can be challenging to reveal financial secrets that were kept during the relationship. However, when negotiating a financial settlement, there is an obligation to provide full financial disclosure.   Financial secrets and separation, and divorce   At Evolve Family Law, our divorce solicitors will ask questions about your finances and those of your spouse to provide the best advice on financial settlement options. Sometimes people are reluctant to mention undisclosed credit card debts or loans, as their husband or wife doesn’t know about them. However, it is essential to do so as the debts may impact your ability to take over the mortgage on the family home or secure another mortgage to purchase a new property. In cases where there is debt, then in financial court proceedings, the court rarely undertakes a forensic exercise into how the debt was incurred and whether, for example, you should have bought the shoes or motorbike. Instead, the court will ask: Is the debt family debt– in other words, although the debt was hidden from a husband or wife, was the loan or credit card money used for the benefit of the family? What impact does the debt have? The court will want to know if the debt will prevent a husband or wife from buying another house, staying in the family home, or meeting their other needs. In addition to debt and divorce, when it comes to financial disclosure on separation or divorce, there is an obligation to provide complete and frank financial disclosure of all your assets. That includes secret bank accounts that your husband or wife doesn’t know anything about, or money given to a family member to ‘hold’ for you, or cash that you keep.   You might also be interested in [related_posts]   The consequences of not providing full financial disclosure Failure to provide full financial disclosure after a separation or divorce may mean: Your spouse will not go to family mediation to reach an agreed financial settlement, or the family mediator may say that mediation is not suitable as full financial disclosure is a requirement for mediation. Your spouse may start financial proceedings so they can get an order requiring you to file a Form E financial disclosure document and supporting paperwork, and can ask additional questions about your finances and transactions. Your spouse could ask the court to make additional disclosure orders, ask for valuations of assets such as the family home or a family business and make Section 37 injunction orders to prevent the sale or transfer of assets to third parties. The court could draw inferences or make findings against you in a financial settlement court hearing. For example, if your family businessgenerates cash but according to your accounts, you receive an income that amounts to less than your essential outgoings (mortgage payments, utility bills or other known expenditure), then the court could make inferences or findings against you. Any financial settlement recorded in a separation agreement or in a financial court order could be overturned later if it is discovered that the agreement or order was made without you having provided full financial disclosure. Therefore, whilst there may be many reasons why you would want to keep things secret during a relationship, when it comes to a separation or divorce, there are many compelling reasons why you should provide full financial disclosure.   Manchester and Cheshire Divorce and Financial Settlement Solicitors Evolve Family Law specialises in family law, divorce and financial settlements. If you need advice on your divorce and financial settlement options, our friendly experts can help.   Contact Evolve Family Law Today for Expert Family Law Advice.

With rental properties hard to find and expensive to rent, our family law solicitors receive numerous enquiries about whether a couple can legally separate and live in the family home.   If you need family law advice, contact Evolve Family Law.   What is a legal separation? A legal separation is where a husband and wife obtain a judicial separation from the family court. Applications for judicial separation are rare because: If you obtain a judicial separation, you will still need to divorce at a later stage. For example, if you want to remarry or if you need a financial court order to prevent further financial claims by your former spouse. You do not need a legal separation for official purposes. You can just tell agencies, such as the Inland Revenue or the Local Authority, that you are separated.   Do I need a legal separation? People often assume that they need a legal separation or a judicial separation order, but they do not unless they have a religious or cultural objection to a divorce and want to formalise their separation. If you plan to get divorced later, you don’t need a judicial separation first, as you can sort out your financial affairs by signing a separation agreement.   Can spouses live separately in the same house? You can separate or even divorce and still live in the same house. Some couples think that if they continue to live together, they cannot get divorced, but that isn’t correct. Under current English divorce law, you can get divorced if your marriage has irretrievably broken down by starting no-fault divorce proceedings.   Separating when your spouse will not leave the family home. If you have decided to separate and your husband or wife will not leave the family home, you have the option to: Apply for an injunction order – an occupation order can give you the right to occupy the family home to the exclusion of your partner until the long-term ownership or sale of the property is determined by agreement between you or by the court in divorce and financial settlement proceedings. Apply for a spousal maintenance order and child support so that you can afford to leave the family home and rent somewhere until the long-term ownership or sale of the family home is decided. It is best to take specialist legal advice from a divorce solicitor before leaving the family home and moving into rented accommodation. It may be best to stay in the family home if leaving will disrupt the children or if your spouse will delay sorting out a financial settlement or the sale of the property. Alternatively, you may need a child arrangement order if there is a dispute over the living arrangements for the children when you or your spouse moves out of the family home.   You might also be interested in [related_posts]   Separating and cannot sell the family home. Most people would agree that it is a tricky housing market, so whilst you may have decided to separate or divorce, you may not be able to sell the family home quickly. You can be separated or divorced and still live at the family home, although for some, it won’t be a very comfortable experience. Even in the best situations where you are splitting up amicably, it can still feel as if you are in limbo with your life suspended until you can achieve the sale of the family home. One way to reduce the stress of waiting for the sale of the family home is to have a financial agreement in place. A separation agreement means you know who will receive what when the property is sold. Although you may have concerns about having to drop the property sale price, a fair financial settlement can still be reached if you agree to receive a percentage share of the net proceeds of sale rather than a fixed amount. That way, you are both protected, whether house values move up or down. In divorce proceedings, a financial settlement can be reached by agreement or after financial settlement proceedings, but in either scenario, you should obtain a financial court order that records how all your assets will be divided, including the equity in the family home, savings, and pension provision. If you are separated but don’t want to start divorce proceedings, it is still best to record the financial settlement that you have agreed to avoid one of you changing your mind about how much you should get from the sale proceeds when you have found a buyer for the house. A document, called a separation agreement, should be prepared to formalise the agreement reached.   Manchester and Cheshire divorce solicitors The team of specialist divorce solicitors at Evolve Family Law can help you with your separation and no-fault divorce proceedings, as well as child custody and contact, and reaching a financial settlement.   If you need family law advice, contact Evolve Family Law.   The Evolve Family Law offices are in Whitefield, North Manchester and Holmes Chapel, Cheshire.

There are no absolute right or wrong answers to what you should or should not do during a separation because your personal and financial circumstances are individual to you. However, our family law solicitors can offer general guidance about what it’s best not to do during a separation.   Contact Evolve Family Law Today for Expert Family Law Advice.   Why are you separating? The basis of your separation is relevant to what you should or should not do during your separation. That’s because if your separation is a trial separation, it’s important not to take any steps that mean it is less likely that you will get back together, such as: Not attending Relate or counselling sessions or telling your partner that they are a waste of time before you give the sessions a chance. Saying that you won’t go to individual counselling sessions. For example, to address anger management issues. Taking all the money out of a joint account without your partner’s agreement or advance knowledge. Refusing to pay towards household bills or child support (despite being in a financial position to do so) because you think that if your husband or wife finds it hard to manage financially without you, then the family are more likely to get back together Imposing an unrealistic timetable on the trial separation, for example, saying that your partner must decide if you are going to get back together or not within two weeks. Refusing to agree to contact arrangements with the children or not attending the family home for agreed contact with the children. Following your partner or sending numerous texts or social media messages so they end up feeling overwhelmed by you. Contacting your partner’s family or friends to try to get them to influence your husband, wife or partner to reconcile with you.   If your partner wants a trial separation, it is easy to feel angry about their decision if the news that the relationship is in trouble comes as a complete surprise to you, and to let your feelings sabotage the trial separation. Counselling and family law legal advice can help you resolve marital issues during a trial separation.   Family law advice during a trial separation Many couples going through a trial separation think that they should not seek specialist legal advice to explore their options. However, taking legal advice can be a sensible thing to do because it will help you determine if you or your spouse has grounds to initiate divorce proceedings and what the likely financial settlement and child care arrangements may be. That information may influence your thought process. Your consultation with a divorce solicitor is completely confidential to you. You do not need to tell your husband or wife that you have taken legal advice if you do not want to do so. They may have also taken family law advice and decided to say nothing about talking to a family law solicitor until you decide on whether you are going to be able to reconcile or not.   Warning signs during a separation If you are desperate to make a trial separation work and to reconcile with your spouse, it can be tempting to ignore warning bells. You should not do that; instead, you should seek legal advice. Warning signs include your husband or wife: Transferring large amounts out of savings or investment accounts. Taking out loans against the family home – this is especially concerning if the family home is registered in your spouse’s sole name. This can be prevented by registering a notice with the land registry. Asking you to leave the family home partway through the trial separation, or if it becomes apparent that they are planning to sell the family home. If the family home is owned in their sole name, there are steps that you can take to protect yourself. Selling assets or transferring property, such as shares in a family business, to a family member. Asking you to sign a postnuptial agreement. Starting to make plans to relocate overseas with the children. Any of these warning bells, or anything else of concern to you, means you should quickly talk to a family law solicitor rather than trust that the trial separation is a genuine attempt to repair your relationship whilst you both give one another space.   You might also be interested in [related_posts]   What should you not do if a separation is permanent?  If you know that your separation is permanent, or if a trial separation has not worked out, then it is often assumed that it is ‘no holds barred’ with divorce lawyers. However, divorce solicitors say that approach can be counterproductive and result in it being harder for you to reach an agreement over childcare arrangements or a financial settlement. If your separation is permanent, then generally you should not: Leave the family home before taking legal advice – it may be preferable for your partner to leave instead of you, or you may be able to get an injunction order requiring them to leave. Reach an agreement on childcare arrangements or a financial settlement without first taking divorce legal advice – that’s because if you agree to something that isn’t in your best interests during direct discussions with your husband or wife, it is then far harder to get them to accept a fairer childcare or financial arrangement. Stop contact between the children and the other parent because you are angry about your husband or wife’s behaviour. Contact should only be stopped after legal advice and if there are child care safety or other child-related issues. Feel rushed into starting divorce proceedings because of pressure from family or friends to do so. Start divorce proceedings without either you or your divorce solicitor first informing your husband or wife of your intention to do so. Unless the situation is urgent, it is usually better to inform your partner about the planned divorce proceedings, as this can help reduce animosity. It also makes it easier for you to reach a financial settlement or agree on child custody and contact arrangements. Every separation is different, and individuals react differently to a separation. That’s why there are no hard and fast rules on what you should or should not do if you separate from a partner or spouse. One of the best things that you can do is ensure that you are not rushed into making decisions and have the information you need to make informed decisions. A divorce solicitor can help you with that, whether your separation is a trial separation or a permanent separation.   How can Evolve Family Law help you?    The friendly and approachable divorce solicitors at Evolve Family Law talk to people who don’t know whether they want to separate or not, as well as to husbands or wives who are very clear that divorce proceedings are the right path for them. We can assist with: Preliminary consultations for those contemplating a separation. Initial advice on staying in the family home and injunction orders. Advice on short and long-term living arrangements for the children. Help with short-term negotiations on child support and spousal maintenance, and with a long-term financial settlement.   Contact Evolve Family Law Today for Expert Family Law Advice.   The Evolve Family Law offices are in Whitefield, North Manchester and Holmes Chapel, Cheshire. We also offer remote meetings by appointment via video call or telephone.

When you are married to a narcissist, it can feel as if there isn’t a way out of the relationship. There is always a way out, and in this blog, our divorce solicitors look at your best options if you want to divorce a narcissist. Call Evolve Family Law for specialist family law advice or complete our online enquiry form.   Can I divorce a narcissist? When you are married to a narcissist and subject to constant belittlement, it can be hard to contemplate feeling empowered enough to start divorce proceedings, especially if you are told by your husband, wife or civil partner that you can’t leave and you can’t get divorced. You can divorce your spouse by starting no-fault divorce proceedings. Although your spouse may not want you to leave or to start divorce proceedings, the reality is that they cannot oppose a no-fault divorce. Our divorce lawyers provide legal advice on no-fault divorce and, in most cases, offer fixed-fee divorce services. Narcissists' threats about what will happen if you start divorce proceedings   Often, the question isn’t about whether you can start divorce proceedings against a narcissist, but whether their threats that you will ‘walk away with nothing’ or ‘you won’t see the children again’ are realistic. As specialist Northwest divorce solicitors, we find that many people who are married to spouses with narcissistic personality disorders wait a long time before taking legal advice because their partners have told them that divorce proceedings will result in them losing custody of their children or not having enough money to look after themselves and the children. That is very rarely true, but it is hard to believe that your divorce lawyer is right when the person you are married to is so adamant in their beliefs.   Tips on divorcing a narcissist  The first steps in divorcing a narcissist are: Recognising the problem – that is harder than you may think if you have been subject to demeaning comments for years and lost a lot of your confidence. Get help – that can be from your GP, a counsellor, friend or family member – it is important to have emotional and practical help if you are getting divorced and especially if you are divorcing a narcissist. Take legal advice – an expert divorce solicitor can help reassure you about your legal rights and give you an idea of the likely financial settlement and the childcare arrangements for your children, so that you have the confidence to decide whether you want to start divorce proceedings. Focus on what is important to you – if you have been living with a narcissist, it is hard to gain the confidence and determination to start divorce proceedings. That’s why it is essential to focus on why you are doing it. For example, your motivation may be not wanting your children to be affected by your partner’s narcissistic personality disorder, or you not wanting to be in the same position in ten or more years. Remember, what is important to you is the crucial point. That means you should not substitute the views of friends or family for the control imposed on you by your narcissistic partner, as you need to look at what’s best for you.   You might also be interested in [related_posts]   Fears about divorcing a narcissist If you are married to someone with a narcissistic personality disorder, you may worry about whether to mention the full extent of your partner’s behaviour to your divorce solicitor. The reluctance to be fully open with your divorce lawyer can be due to: Embarrassment. Fear that you won’t be believed. Worry that you will be thought to be the one with the ‘problem’. Concern that your partner will react badly if they think that you have said things about them. Thinking that it is pointless to say anything about your partner’s behaviour, as it won’t make any difference.  Your partner’s belief that they are brilliant and exceptional and, of course, always in the right. Your partner’s belief that you are in the wrong and worthless in comparison to them, so your views and feelings don’t count. Extreme reactions if you or anyone else questions your partner’s sense of self-importance or entitlement.   A narcissist is a challenge for anyone who lives with them, as well as for divorce solicitors and the family court. That’s why it is essential that you instruct a divorce solicitor with experience of dealing with those with narcissistic personality disorders, and that you tell your divorce lawyer about the extent of the issues you’ve faced so they can help you. Tell your divorce solicitor if your spouse has a narcissistic personality disorder You may not think that it matters whether your divorce solicitor knows about your partner’s narcissistic personality disorder traits, but it is essential because: If you have children, then your partner’s narcissistic personality may be affecting the children and even influencing how they treat you, as they are so used to seeing you belittled by your partner. That may influence your solicitor’s advice on the best child care arrangements to suit you and your circumstances and to reduce ongoing emotional harm to your children. If your partner is a narcissistic person, then family mediation is unlikely to be a sensible option to try to resolve financial or child care matters, as your partner won’t listen to anyone’s views other than their own, so you’d be better using either family arbitration or court proceedings to reach an enforceable decision. If your partner exerts coercive and controlling behaviour, then you may want to minimise future financial links with them. This could, for example, involve agreeing to a clean break financial court order rather than ongoing spousal maintenance, so you get additional capital rather than having to rely on your former partner paying regular spousal maintenance payments to you. If your partner is abusive, you may need the protection of an injunction order or a child arrangement order to protect you and the children.   How can Evolve Family Law help me? At Evolve Family Law, our divorce solicitors will be very honest with you and tell you that they know, from experience, that starting divorce proceedings against someone with a narcissistic personality disorder is hard. You’ll therefore need all the help and expert support you can get. A narcissistic person needs to feel that they are in control and the winner. That may mean you have to start financial court proceedings to get financial disclosure from your partner and get a fair financial court order, or it may mean you need a child arrangement order to restrict their contact with the children or an injunction order to stop the coercion and domestic abuse. Our specialist divorce solicitors are not only experienced in securing these types of orders but are also adept at finding a way through divorce proceedings involving a partner with narcissistic personality traits.   Call Evolve Family Law for specialist family law advice or complete our online enquiry form.   Our latest blogs