Divorce

In certain situations, you may be able to skip mediation and proceed directly to court to resolve a family law dispute. In this article, our North West divorce solicitors explore why you may want to consider alternatives to family mediation. Contact our specialist family lawyers for a consultation on how to resolve your family law disagreement effectively. Is mediation compulsory? If you are separating from your husband, wife, civil partner or unmarried partner, there are many matters to resolve, such as: The parenting arrangements for your children Who will stay in the family home Whether maintenance and child support will be paid The financial settlement if you are married or in a civil partnership The property settlement if you were in a cohabiting relationship Whether divorce proceedings should be started and by whom Mediation can resolve all these matters and others. Mediation is not compulsory. It is a voluntary alternative dispute resolution process. All parties to the mediation should attend voluntarily rather than through coercion. However, some people may feel compelled to mediate, as court rules make it clear that parties in most family law disputes must first attempt to resolve their issues outside of the court process. If you feel pressured to go to mediation, it's best to speak with a family law solicitor about your concerns and your alternative dispute resolution options. Trying out family mediation Family mediation begins with each party attending a Mediation Information and Assessment Meeting (MIAM). The purpose of the MIAM is for the mediator to: Give you information about mediation Discover what you want to achieve from mediation Determine if you are a suitable candidate for mediation Decide the type of mediation and mediator that best suits your needs MIAMs are usually held separately, allowing you to discuss any reservations about attending mediation and for the mediator to ask questions to ensure that mediation is suitable for you and your former partner. For example: It may not be apparent in the information sent to the mediator that you have experienced domestic violence in your relationship. In a dispute over parenting arrangements for your teenage children, you may want the children to have a say about their living and contact arrangements. A specially trained mediator can involve older children in child-inclusive mediation*. Your partner may inform the mediator that they are unwilling to provide any financial disclosure during mediation, which would render the process ineffective, as the mediator cannot compel such disclosure. In financial court proceedings, the court can order financial disclosure. Here is a link to a Family Mediation Council video that provides a more detailed explanation of child-inclusive mediation. Can I skip mediation? Here are some of the situations where you can skip family mediation and go straight into court proceedings: Your child is at risk of significant harm There is a threat of child abduction Risk of domestic violence Your ex-partner is disposing of assets Here are some examples of why you should bypass mediation: You fear your child will be taken overseas unless you secure a prohibited steps order to prevent parental child abduction by your ex-partner. Your estranged wife is selling or transferring assets, and you need the urgent protection of a Section 37 injunction order to stop them from disposing of assets to defeat your financial claims. There are serious current or historic domestic violence issues, and you do not think that any type of mediation is safe for you to engage in. There are other scenarios where you can bypass mediation and initiate court proceedings. Family law solicitors recommend seeking expert advice before skipping mediation, as the potential consequences of making an incorrect decision can be severe. Consequences of skipping mediation If you choose to bypass family mediation because you don’t like the sound of the process, rather than because there was a good reason for doing so, then the consequence may be: Delay Additional expense Risk of a cost order Risks associated with bypassing mediation Let's look at the risks of skipping mediation in more detail: You may think you are speeding things up by making an application to the court, but the court could decide to adjourn your application for mediation to take place. Your decision to proceed directly to court may have slowed things down, as you could have been attending mediation sessions for several months while waiting for a first court hearing date. Starting court proceedings when you could have reached an agreement outside court adds to your costs. For example, the court application fee and the time spent in preparing your financial settlement or child arrangement order In some family cases, a judge may order that you pay all or a proportion of the other party’s legal costs. The court may be more inclined to make a cost order against you if the judge thinks you didn’t follow the rules and rushed into a premature court application without giving mediation or alternative dispute resolution a chance. Deciding whether to skip mediation is a delicate balancing exercise that should be undertaken with the advice of a specialist divorce solicitor with a thorough understanding of the family law rules and the potential positive and negative implications of opting to bypass mediation. Why don’t you want to go to family mediation? People give several reasons for wanting to avoid family mediation. They include: Don’t think their ex-partner will go to mediation Don’t want to be in the same room as their former partner Won't be able to stand up for themselves in mediation Want to leave it to a judge to decide what happens Previous bad experience of mediation Addressing why you want to skip family mediation At a consultation meeting, a divorce solicitor can explain: What mediation is How family mediation works The measures that can be put in place to address concerns about attending mediation The alternatives to mediation The advantages and disadvantages of mediation [related_posts] What is family mediation? Family mediation is a form of alternative dispute resolution that involves a specially trained family mediator. A family mediator is an impartial third party who helps a separated couple resolve family issues, such as child care arrangements or financial settlement. A family mediator will: Facilitate listening to one another, even when you may disagree with what the other person has to say. Help you find a resolution that works and is an acceptable compromise for both of you. A family mediator does not give legal advice to the parties. They are there as a neutral facilitator to help you reach an agreement. That’s why many separating couples find it helpful to speak to a family law solicitor between mediation sessions, so they understand their legal rights, the likely court outcomes and have the confidence to mediate a reasonable compromise. Types of family mediation Family mediation sessions usually take place with a family mediator sitting in a room with both parties. The mediator uses their skills to help you reach your agreement, rather than have an order imposed on you by a family court judge. However, this type of mediation may not be suitable for everyone. Alternatives are available. For example: Shuttle mediation - you and your partner do not meet in the same room; instead, the mediator shuttles between rooms to facilitate a mutually agreeable resolution. Solicitor-involved mediation - each of you can have your solicitor involved in the mediation sessions, as well as provide legal support outside of the mediation sessions. Measures to help mediation work for you These are some of the measures our North West family lawyers can put in place to help you get the best out of mediation: Write to your former partner to explain the implications of them choosing to skip mediation. Advise you on how to select a family mediator to resolve your family law dispute. Recommendations for shuttle mediation if you don’t want to be in the same room as your former partner. Discussing safety measures to enable you to attend mediation with confidence. For example, arriving at separate times to your ex-partner and not waiting in the same waiting room. Provide advice before you start mediation so you understand the range of orders the court has the power to make. Offer specialist advice between mediation sessions to give you the confidence to negotiate effectively during mediation meetings. Explain how counselling can provide the confidence boost you need to make mediation work. Advise on how experts can be effectively involved in the mediation process to facilitate a mutually beneficial agreement—for example, a pension actuary or forensic accountant. Legal representatives present during the mediation sessions to address the power imbalance. Depending on the reasons behind your reservations about mediation, our divorce solicitors may be able to suggest other measures to help make mediation work for you. The advantages of mediation Some people think that talking to their ex-partner is pointless. However, it is worth hearing about the advantages of mediation as an alternative dispute resolution option. The advantages of mediation are: It is often quicker than court proceedings It is cheaper than a court application You and your ex-partner set the mediation agenda, helped by the mediator The mediation process looks forward rather than analysing mistakes made during the relationship Mediation is less adversarial than court proceedings Mediation can come up with a bespoke solution to your family law dispute When you are separating from a former partner, the mediation advantages are important because: You need a decision so you can move on with your life. You and your ex need to spend as little as possible on dispute resolution so you have more to spend on your children or rehousing. Going over old ground, such as the reasons for the marriage breakdown, won't help you reach a financial settlement. If you plan to continue co-parenting your children, it is helpful to reach a parenting agreement that minimises conflict. In court proceedings, the family judge must follow family law rules. For example, the judge cannot consider the needs of adult children still living in the family home or the caring responsibilities of one spouse for aging parents. Mediation offers the flexibility to consider what is relevant to your family. The alternatives to family mediation If you are of the view that mediation isn't the best alternative dispute resolution option for you, then some of the other options are: Collaborative law Arbitration Roundtable meetings with legal representation Amicable Divorce - One Lawyer Divorce Why you should consult with a family lawyer before skipping mediation You should speak to a family lawyer before deciding whether to go to mediation because a specialist family law solicitor can: Explain the mediation process and your other alternative dispute resolution options. Help you choose the right type of mediation model and mediator to facilitate a mutually agreeable resolution with your former partner. Offer advice on potential likely outcomes, costs and timescales if you make an application to court for a divorce settlement or child arrangement order. Advise you if mediation is not appropriate, such as when you need an urgent court order, such as a prohibited steps order. Explain how they can provide legal support and guidance in between mediation sessions to give you the confidence to reach a mediated agreement. Convert your mediated agreement into a binding financial court order. Help you obtain a no-fault divorce, enabling you to implement parts of your financial court order, such as a pension sharing order. At Evolve Family Law, our family law specialists offer a mediation support service, providing all the advice and guidance you need, from your initial inquiry about mediation to helping you secure an agreed court order following a successful mediation. Speak with a Family Law Solicitor Today for Advice on Family Alternative Dispute Resolution Strategies.

If you are separating from your partner, it is important to seek specialist family legal advice on your rights from North West family solicitors. Knowing your rights can help you separate amicably. Consulting a family lawyer isn’t an adversarial step; it's just protecting your interests and helping you navigate the next steps to life after a separation or divorce. Contact our specialist family lawyers for a consultation on your separation. Tips on how to separate from a partner Whether you are separating from a spouse, civil partner, or cohabiting partner, you need to talk to an expert family solicitor. Early knowledge about your separation legal rights is vital as the advice can affect your plans and timescales. There are five key issues to consider when contemplating a separation: 1. Has my relationship ended, or could it be revived? 2. Can I leave the relationship safely? 3. When and how do I tell my partner I am leaving? 4. When should the children be told that mum and dad are separating? 5. How do I sort out the legal, property or financial aspects of my separation? Has my relationship ended? It isn't always easy to tell if your relationship has ended. You may think relationship counselling could revive it, or a trial separation may help your relationship get back on track. Even if your relationship has definitely ended, some couples find joint counselling sessions helpful in achieving an amicable separation. Others benefit from individual counselling to help them come to terms with the relationship breakdown and move on with their lives. It's common to feel grief, anger, shame and a whole range of other emotions when you separate. If your former partner does not appear as affected by the end of the relationship, it may be because they have already emotionally detached from the family. That doesn’t mean your emotions are wrong, but it can help you to work through them with a counsellor or divorce coach. Can I leave my relationship safely? Whatever the legal status of your relationship, it's vital that your separation takes place safely. If you have: 1. Lived in a relationship with domestic abuse or 2. You fear domestic violence when you announce you want to leave or 3. You are concerned about ongoing coercive control after your separation. Injunction solicitors can help you secure a non-molestation, ouster, or occupation order to safeguard you and your family. Family law solicitors always recommend taking legal advice on your separation before you leave the family home. That advice applies to you even if: 1. You are unmarried, and your partner owns the property. 2. You are renting. 3. You don’t have children. 4. You don’t think you could afford the outgoings on the family home on your own. 5. Your ex hasn’t been violent. Leaving the family home when you don’t need to do so can put you on the back foot when negotiating a property settlement as an unmarried partner or a financial settlement as a spouse. If you have children, leaving the family home can be highly disruptive for them. Child support (and interim spousal maintenance if you are married) may allow you to stay at the family home until the separation or divorce is finalised and a financial court order is made. When and how do I tell my partner I am leaving? Telling your partner that your relationship is over, or hearing the news from them, is never easy. How and when you should have the ‘it isn’t working’ conversation depends on your circumstances. However, family lawyers always recommend talking to a solicitor first as their specialist legal advice may help you: 1. Decide on the timing of your separation and put a plan in action. For example, if you need an injunction order or the support of your family in telling your partner the relationship is at an end or in the immediate aftermath. 2. Organise your finances so you know how much income you will have if you are paying or receiving child support or spousal maintenance. 3. Help you understand whether you are likely to be able to stay in the family home whilst the financial and property aspects of your separation are sorted out. 4. Understand the likely parenting arrangements for your children. Temporary arrangements may need to be sorted out until future living arrangements are finalised. You may need an urgent child arrangement order if the separation is acrimonious. 5. Think about whether there are any risk factors, such as your ex trying to take your child overseas (this is parental child abduction if going abroad is without your consent) or trying to exert coercive control (to try to force you to stay in the relationship or to agree a financial settlement that suits them). [related_posts] When should the children be told that mum and dad are separating? Talking to your child or stepchild about the end of a parental relationship is a tough one. Many parents delay the discussion because it is so uncomfortable, and they think the children won't pick up on the atmosphere at home, whilst other parents want to ‘get in first.’ Ideally, parents should try to talk to their children together, but that can be too hard for some parents or counterproductive if there is a lot of anger about the separation. There is specialist help available, such as: • Supporting Children through Separation and Divorce | NSPCC • Supporting your child through divorce and separation | Cafcass • Helping children through separation | Gingerbread Legal advice on separation: How do I sort out the legal, property or financial aspects of my separation? If you are contemplating the future of your relationship or if your partner has told you that the relationship is over, you need to speak to a family solicitor to understand your rights. Talking to a lawyer doesn’t mean that you both need to ‘lawyer up’ and go to court to thrash out who gets custody of the kids or who stays in the house. At Evolve Family Law, we offer a fixed-fee relationship breakdown comprehensive initial review. The fee includes a meeting with a qualified lawyer to discuss all legal and practical aspects of your situation, including assessing the best routes to resolving it. That meeting may then enable you to use family mediation to achieve an amicable separation or to understand your rights and not feel totally at sea, not knowing what is reasonable to ask for or how the next steps will pan out after you have made the decision to separate. An initial consultation is equally helpful if your ex has announced that the relationship is ending and that you will need to pack your bags or that they will be doing so, leaving you devastated and wondering how you will cope with the children and the bills. At Evolve, we know that any separation is painful, but we try to ease your pain by giving you the information and support you need. At Evolve, our North West family law solicitors are: • Local with offices in Holmes Chapel, Cheshire and Manchester. • Specialists – we advise on family and private client law as we know what we know. • Tailored and bespoke – with us, you get advice tailored to you and your family. • Proactive – if you need urgent legal advice to protect your children or to secure an injunction, we have the specialist team you need on your side. • Ranked excellent on Trustpilot. Contact our specialist family lawyers for a consultation on your separation.

At Evolve Family Law, founders Robin Charrot and Louise Halford recognised that if they were going to ‘break the mould’ and set up a family law firm with a difference, they would need a fair fees policy for their clients. That policy has been in place since Evolve Family Law was established in 2015. A decade on, the Law Society (a sort of trade union for solicitors) and the Solicitors Regulation Authority (the organisation tasked with regulating the legal profession) are looking at how lawyers charge. Evolve Family Law always welcomes an up-front chat with new clients about legal fees. We recommend you look at our prices page and then contact our family lawyers and Will and estate planning solicitors to see how we can help with your divorce, separation from your unmarried partner, dispute over parenting arrangements (custody or contact), financial settlement or Will and estate planning. If you need help with family or private client law, phone Evolve Family Law or complete our online enquiry form. The cost of using a divorce solicitor When you first talk to a divorce lawyer, your priority is getting your divorce sorted out. That might include obtaining a child arrangement order so your children can live with you, negotiating a financial settlement that allows you to move on with your life and securing your no-fault divorce. Enquiries about costs can be a low priority until the law firm starts sending invoices, but for interested clients, lawyers charge in two main ways: Fixed fees Hourly rates With a fixed fee agreement, you know that whether your Will solicitor spends one hour or eight hours advising you on estate planning and writing your Will, you will be charged the fixed amount. The same applies to Northwest divorce lawyers and no-fault divorces. Some areas of family law are difficult to bill fairly on a fixed fee basis. Take the case of a child arrangement order or specific issue order application, your children lawyers won't know if you will need to attend two or twelve court hearings before the family court judge makes a final order. If the lawyer bases their fixed fee on twelve hearings, that wouldn’t be fair to the parents who can reach an agreement at the second court hearing. At Evolve Family Law, we think the fair thing to do is to offer a mix of fixed fees and fees based on the fee-earner’s hourly rates. Hourly rates for divorce solicitors Evolve Family Law has been publishing our competitive hourly rates for directors (Louise Halford and Robin Charrot), family law and Will solicitors and paralegals for nearly a decade. What sets us apart from many other law firms is that we charge by the minute. That sounds greedy, but it isn’t when you contrast our established legal billing practices with other North West law firms. Most law firms charge in six-minute units. What that means in practice is if a solicitor spends 13 minutes reading a document, you will be charged for 18 minutes of the lawyer’s time. At Evolve Family Law, we charge you for the 13 minutes of time spent by one of our lawyers at their agreed hourly rate. You may think that paying extra for a few minutes of your solicitor's time isn’t a big deal. However, over a long financial settlement negotiation or complex child abduction proceedings, all those minutes can add up to thousands of pounds in comparison to the fees charged by a ‘by the minute’ lawyer. [related_posts] Interest on your money There may be times when your lawyer must hold money on your behalf. For example, client money can be held by a family law or private client solicitor where: Money is paid upfront for legal fees or expenses such as barrister or expert fees A lump sum payment will be paid to your ex-husband or wife with the payment going via solicitors The assets of an estate have been gathered in and a probate solicitor needs to pay inheritance tax and debts owed by the estate before distributing the balance to the beneficiaries in the Will (if there is no Will, the monies will be distributed by following the intestacy rules) You may think that interest will be a miniscule amount, but that could not be further from the truth. A recent Law Society financial benchmarking survey reveals the facts. The survey was written and produced by the legal team at Hazlewoods LLP for the Law Society Leadership and Management Section and sponsored by Lloyds. Data was collected from 145 small and mid-sized law firms across England and Wales, with the firms having a combined fee income of over £1.1 billion. A Law Society Gazette article highlights that falling law firm profits are masked by the equity partners or directors of law firms retaining the interest earned on client capital while it is banked by the law firms. Research shows that around 20% of partners' and directors' income is generated from client interest rather than traditional fixed fees or hourly rate charges. Using client interest to generate income for lawyers is a practice that the Solicitors Regulation Authority is looking into. At Evolve Family Law, we have taken a lead on fair billing and retention of client interest. Our policy is that the interest generated on our holding money on your behalf belongs to you and we will repay any interest earned on your money if the interest amount exceeds £50. We have a £50 interest threshold as otherwise we would spend more administration time in refunding interest. Increasing our administration overheads (and, therefore our hourly rates) isn’t in the best interests of all our valued clients. Talk to Evolve Family Law At Evolve Family Law, we believe in being transparent in all we do. That means in addition to being upfront on costs, we are equally clear on the timescales to obtain a family court order or to administer an estate and the likely complexities. We think good communication is the key to a good relationship with our clients. We hope that you will agree to our approach and will want to work with us. If you need help with family or private client law, phone Evolve Family Law or complete our online enquiry form.

Some people want to change their name after their divorce. Others worry that it will mean they have a different surname to their children. In some situations, a woman is told to change their name back to their maiden name because their ex-husband doesn’t want them to continue using his surname. In this blog, our Northwest divorce solicitors look at the law on changing your name and how to go about it if you decide to do so after your divorce. For expert divorce advice call our team of specialist divorce lawyers or complete our online enquiry form. Does your surname automatically revert to your maiden name after divorce? A woman's surname does not automatically change back to her maiden name upon her divorce. A conscious decision needs to be made. Our family law solicitors recommend you reflect on whether you want to use a different name than your married name and that you don’t allow yourself to be influenced by the views of your former spouse or family.  If you decide to change your name for a second time back to your married surname you can do so but it involves more paperwork. That’s why we suggest you consider your options rather than rush into a name change. It is also important to get the timing right. For example, you may not want to change your surname before a planned overseas holiday when your passport will be in a different name to your holiday booking or when you are a few days away from completing the sale of the family home. Changing your name after divorce  Anyone in England can call themselves what they want. There is no property in a name. By that, we mean that if you want to keep your husband's surname after your divorce you are free to do so. There is nothing he can do to stop you. Equally, you can change your first name, your surname or both names or revert to using your maiden name. How to go about changing your name You can call yourself what you want but you are likely to need evidence of your change of name. For example, if you want a new passport, to transfer your bank account into your new name or to buy a property.  If you are changing your surname back to your maiden name some institutions will accept your birth certificate, marriage certificate and final divorce order as sufficient evidence. Others may want a formal change of name deed. Our family law solicitors can prepare the change of name deed for you. We will ensure you receive sufficient certified copies so you can use the certified change of name deed with institutions such as banks, building societies, your employer, the DVLA and the passport office.  If you have a Will, you should keep a copy of your change of name deed with your Will and other important documents. When you get divorced you need to update your Will so it is sensible to sign your change of name deed before you sign your new Will. Our private client solicitors can advise you on your Will and your lasting power of attorney.  Registering a change of name deed You can register your change of name deed but there is no legal requirement or need to do so. An unregistered change of name deed document is referred to as ‘unenrolled’ and a registered one as ‘enrolled.’ Enrolling the deed involves an application to the Royal Courts of Justice and payment of a fee. Your change of name is then a matter of public record. [related_posts] Changing a child’s surname  Your decision to change your surname after your divorce may be influenced by whether your child can change their surname. A child can change their surname with the agreement of their parents and anyone else with parental responsibility for the child. If a parent or other person won't agree to the name change an application can be made to the family court for a specific issue order. In a specific issue order application, the judge decides on the child’s surname after considering the child’s best interests. Where a name change is agreed or the court orders a change of name a parent can sign a change of name deed on behalf of their child. The fact that a parent is not paying child support or a parent is not having regular contact does not mean that the court will order a name change. The court looks at the application from the perspective of the child and whether a name change would be confusing or beneficial.  Our family law solicitors can advise you on all aspects of parenting your child after a separation or divorce including advice on residence and contact, applying for a child arrangement order or reaching a parenting agreement through solicitor negotiations or in family mediation.  For friendly expert divorce advice call our team of specialist divorce lawyers or complete our online enquiry form.

In this blog, North West family lawyer Louise Halford looks at divorce emotions and explains how an empathetic family law solicitor can help you navigate the stages of grief during divorce. Separation and divorce can be an emotional rollercoaster. It’s a ride you probably didn’t want to get on with many twists and turns.  At Evolve Family Law our divorce solicitors understand that as well as needing specialist family law advice to help you on your divorce journey you also require support in navigating the path to life beyond divorce. If you need help with your divorce or separation phone us or complete our online enquiry form. Experiencing divorce emotions Everyone experiences divorce differently. With over 25 years of experience as a family lawyer, Louise Halford has learnt that divorce emotions are not necessarily linked to how long you were married or if you are divorcing with young children. If you have been married for two years your divorce emotions may be just as intense as someone who was married for twenty-plus years - because you are grieving for the years and the children you might have had. When you are separating your friends and family may try to compare what you are going through with their own experiences or tell you to get a grip because your divorce emotions can't be compared to a bereavement. However, with a bereavement, you may feel anger and an overwhelming sense of loss but not the same sense of rejection and repudiation. The grief can be just as real as a bereavement, just different. As specialist family law solicitors, we see a lot of raw divorce emotions. We believe it’s best for people to be honest about their grief and for comparisons not to be made with others – it isn’t a league table and you are entitled to feel the emotions you are experiencing. The range of divorce emotions  People can feel: Grief and sorrow Anger and rage Guilt Sadness and a sense of loss Euphoria and joy  Vindication  Fear You may feel all these emotions during your separation and divorce or just some of them. Often emotions can be all mixed up with you feeling euphoric at finally taking the plunge and leaving your ex but fearful about your future. Emotions can be very jumbled up. For example: Experiencing grief because your children won't have the sort of childhood you envisaged for them Feeling guilty that you were the one to end the relationship but feeling glad that you can move on with your life Feeling euphoric that you have your final order in the divorce proceedings but sad because of the impact of the separation on your children  Feeling vindicated because your suspicions about your ex were right but fearful about what the future may hold for you as a single parent  Some of our divorce clients are very open about their emotions. They describe the daily rollercoaster of feeling bereft at breakfast and optimistic by one o'clock with tinges of vindication tempered by guilt. Those feelings can be even more complicated when you are trying to help your children or step-children through their emotional processing of parental separation and to sort out post-separation parenting arrangements. Divorce emotions and children   The first point to acknowledge is that whether you are a stay-at-home parent of a toddler or living with your adult children in the family home your children can colour your divorce journey. For example: Guilt – because you won't be able to fund a deposit for your adult child to buy their first home or you may have to return to work earlier than anticipated after the birth of a child  Fear – because you are worried about the impact of selling the family home on teenage children  Anger – as you know your child is upset that they are no longer living with both parents and you can't see your child as much as you would like as your ex is being difficult [related_posts] Managing divorce emotions    Some people manage their grief and divorce emotions by denying they exist and devoting their energy to appearing calm and in control. It can be counterproductive to keep a tight lid on emotions. They can explode into a burst of anger meaning you tell your ex what you really think of their behaviour. That can be unhelpful when trying to co-parent or negotiate a financial settlement. Others manage their grief by talking to family or friends but this can be wearing for friends or family if they are your sole source of support. They may also offer support that isn’t appropriate for you or the sort of help that may exacerbate your issues. Others may try to take over in the guise of helping but it is your financial settlement, not theirs. Keeping divorce emotions in check can be important if you are employed but it isn’t realistic to think that your work won't be affected by what is happening in your personal life. Sometimes letting the HR department know about your separation can help as managers may be more sympathetic if they know you have separated. That’s because employers perceive divorce as a temporary problem resulting in a short-term dip in performance rather than an unexplained and potential long-term issue. Also, some employers offer paid for counselling. Getting some help to manage divorce grief and emotions  A divorce solicitor isn’t a counsellor or therapist but you should not hide how you feel from your lawyer. They need to know this so they can provide the support you need. This could range from suggesting you meet with a specialist counsellor, see your GP or delay starting family mediation until you are ‘in a better place’ to negotiate a financial settlement.  Alternatively, you may need more practical help, such as a recommendation for an empathetic mortgage advisor or financial advisor to fully explore and explain your mortgage or financial options or advice on applying for an injunction order or a child arrangement order if your emotions are down to your ex-partner continuing to harass you or due to their behaviour around the children. Divorce emotions don’t cut off after six weeks or even a year. You may be a sudden rush of emotion when you thought you were over the worst. Telling your solicitor how you feel is important so they don’t mistake your emotional state as being willing to do a deal at a financial dispute resolution hearing when the reality is that you are feeling overwhelmed and unable to make decisions. At Evolve Family Law all our solicitors are empathetic to your situation and are here to listen and help. If you need help with your divorce or separation phone us or complete our online enquiry form.

Our North West divorce solicitors write lots of financial consent orders. This blog explains why you need an order and how we write them. If you would like our help in negotiating a financial settlement or writing an order then call us for a quote and to arrange a consultation. For financial consent order advice call our team of specialist divorce lawyers or complete our online enquiry form. Why you need a financial consent order  Anyone who is getting divorced, or who got divorced without a financial court order, needs an order.  That advice applies even if you: Don’t own a house Signed a prenup or postnup Parted amicably and you don’t think your ex would ever come after you for money  Split the house sale proceeds when you separated Didn’t start your new business or buy your current house until after your divorce  Signed a separation agreement  Reached an agreement in family mediation  Think your ex has more money than you  If you don’t have a financial court order you risk your ex being able to ask for a financial settlement.  Your former spouse can do that many years after the divorce is finalised. Back in 2000, you may have been married for a few years and think that you are in the clear but your ex could have hit hard times or heard about your success and want a share of your pension or a payoff because they know you have inherited some money. If you don’t want to be at risk of an unexpected claim you need a financial court order – preferably one that includes a clean break. What is a clean break financial consent order? A clean break financial consent order stops any future financial claims. Other types of financial consent orders leave the door partially open so a spouse can ask for maintenance later or can ask the court to swap their spousal maintenance into a pension sharing order. If you are relying on your ex’s solicitor to prepare the consent order because you want to save a bit of money then this may be a false economy as you need to know what your options are and what the clauses mean. For example, a financial consent order can be a full clean break, partial clean break or leave future claims open. The law is confusing and that’s why most divorcing couples find that they need expert advice to protect their interests. Even if you didn’t negotiate a clean break order some things can't be reopened after you have obtained your financial consent order. For example, if you agreed to give your ex-husband £100,000 in consideration for him agreeing to transfer the family home into your name, your ex can't normally argue after the order has been made that he wants an extra £20,000. The only circumstances where a capital part of a financial consent order can be re-opened is where a former spouse can show there was an element of dishonesty or coercion at the time of the original order. Feeling regretful that you didn’t get a better deal isn’t sufficient for a court to reopen the order. [related_posts] How to write a financial consent order? You need to take a lot of care when writing a financial consent order. That’s because once the order is made it is final. The judge won't agree to you asking to change the order because you did not fully understand what a clause meant. As family law solicitors we write financial consent orders every week but we are cautious when doing so to check that: The wording in the draft financial consent order is the same as in your negotiated financial settlement. Your financial  deal could be in a solicitor’s letter, minutes of a roundtable meeting or memorandum of agreement made in family mediation  The wording is as clear and simple as possible whilst also following legal precedents. These legal precedents mean it is less likely that your financial consent order wording could be questioned by the judge asked to approve the order or later on. For example, if your order includes spousal maintenance but does not give your ex the ability to apply back to court to extend the time that spousal maintenance is paid for, this must be carefully worded as a deferred clean break   You understand what your financial consent order means and who is responsible for checking its implementation. For example, if you agree to a pension sharing order it must be implemented by the pension administrator. The court will not implement the order for you  The order is capable of being enforced. If you have agreed to receive £100,000 as a lump sum from your ex there needs to be a deadline for payment so you can enforce the order if it isn’t paid. If you are going to receive spousal maintenance the order should say that the money will be paid by standing order to save aggro   You understand the importance of providing accurate information in your financial statement of information. The judge will not approve your agreed financial consent order without you both completing a financial statement of information. This must be on the prescribed form. While the judge won't be concerned about the pence (you can round down or up the amount you have in savings) the onus is on you to provide accurate information. For example, if you say your family business shareholding is worth £500,000 when you have had an offer for the company that gives your shares a value of £3 m. That level of inaccuracy would leave you exposed to your ex being able to reopen the order as it was made without full and frank financial disclosure. The same would apply if you only mentioned one pension transfer value when you had three pensions at the time of your divorce or if you didn’t mention other relevant financial or personal information The order is future-proofed if that is what you want.  If you have agreed to pay spousal maintenance, do you want to include a clause that says the maintenance is inflation-linked to avoid the need for variation applications? There are other ways you may need to future-proof your order      Fixed fee financial consent orders At Evolve Family Law we offer transparent pricing and fixed fees for preparing most financial consent orders. For more information on our fixed fees have a look here.  For information on financial consent orders or advice on divorce or family law call our team of specialist divorce lawyers or complete our online enquiry form.

Sorting out how you split the equity in the family home can be tricky. It can be a lot harder to reach a divorce settlement when you are also trying to agree on who pays the bank loan and credit cards, what happens to the pensions, and whether one of you should pay spousal maintenance and for how long. In this blog, our family law solicitors answer your questions on divorce financial settlements.  Call us for expert family law advice or complete our online enquiry form.  Reaching a divorce settlement  In the UK, divorce settlements are discretionary and based on reasonable needs. The statutory factors make it hard for couples to reach a financial agreement as English family law doesn’t say that a husband and wife must split their assets equally or that a wife must return to full-time employment when the youngest child is 11 or that a husband will always keep a family business owned before the marriage or even that the divorce court must follow a prenuptial agreement. If there are no hard and fast rules, how are divorce settlements reached? Ultimately, if a husband and wife can't agree, it is down to a family court judge to decide what happens to each asset and make a financial court order. The judge will look at statutory criteria and case law when making the order. When a divorce solicitor advises on likely divorce settlement outcomes, they base their advice on their experience in negotiating settlements and representing spouses in contested financial court proceedings.  Divorce settlement advice   If you need divorce settlement advice, it's crucial to speak to a divorce lawyer. The solicitor will talk to you about your circumstances before offering advice. Examples of why information and talking are important include: It is often assumed there should be a 50/50 split of assets after a long marriage. However, that assumption could be displaced for several reasons, such as the wife can't get a mortgage and needs more than 50% of the assets to buy a new family home for herself and the children or most of the assets were inherited by the husband before the marriage and the wife can comfortably rehouse herself and meet all her other needs with 30% of the total assets. Alternatively, the couple may have signed a prenuptial agreement to ringfence inherited money Clean breaks should be achieved to end any financial or other ongoing ties between husband and wife. However, if the family home is sold, the equity won't be enough for either the husband or wife to buy another property, so both parents will be stuck renting. Maybe the parent who is the primary carer of the children should stay in the family home until the youngest child is 18. The house can then be sold, and the proceeds of the sale can be split in percentages fair to the ex-husband and wife   Discretion and how it works with divorce settlements Family law solicitors will outline the discretionary factors the court applies when making a financial court order after a contested final hearing of a financial application. The factors are just as relevant if you are negotiating an agreement through family mediation, solicitor negotiations or trying to do a deal at a financial dispute resolution hearing. The discretionary factors are contained in Section 25 of the Matrimonial Causes Act 1973. The lawyer shorthand for them is ‘Section 25 criteria’. The court’s first concern should be the welfare of any dependent children and how the children's needs will be met. The court should then consider the Section 25 criteria: The income, earning capacity, property, and other financial resources that the husband and wife have or are likely to have in the foreseeable future. With earning capacity, this includes any increase in that capacity which it would, in the opinion of the court, be reasonable to expect a husband or wife to take steps to acquire The financial needs, obligations, and responsibilities that the husband and wife have or are likely to have in the foreseeable future The standard of living enjoyed by the family before the breakdown of the marriage The age of the husband and wife and the length of the relationship  Any health issues affecting either the husband or wife or their children   The contributions made by the husband or wife or likely to be made in the foreseeable future to the welfare of the family, including any contribution as a homemaker or stay-at-home parent  The conduct of the husband or wife if that conduct is such that it would, in the opinion of the court, be inequitable to disregard it The value to the husband and wife of any benefit (for example, a pension) that they will lose the chance of acquiring because of the divorce With this list of factors, it is easy to see how, in some situations, a judge may order a different financial settlement from another judge. However, the difference in judicial view should be within a band of reasonableness. For example, it would be unreasonable for one judge to say an equal split of equity in the family home and for another one to say a 90/10 split of the equity in the family home would meet the Section 25 criteria. With the uncertainty of judicial discretion, most divorcing couples prefer to try to negotiate a divorce financial consent order based on their family lawyer’s assessment of the Section 25 criteria. [related_posts] How to get the best divorce settlement  Some people think the only way to get the best divorce settlement is to apply to the court for a financial order.  They may be right. For example, if their former spouse is refusing to provide financial disclosure, is transferring assets to friends or family or is refusing to agree to a valuation of the family home or business. In other situations, a divorcing husband or wife must weigh up the costs and time in making a financial application against the benefits to be gained.  A family law solicitor will tell you that if your ex-spouse is only offering you 10% of the family assets, you need to go to court. It is far harder to advise on the decision to start financial proceedings if your former spouse is offering you 45%. The decision may then come down to the value of the 5% of the assets you may be losing out on balanced against the costs of going to court. Things are often more complicated than that, as you may also dispute your ex-spouse’s valuation of his business or home, or you may argue that your ex-partner is offering you assets that are not as valuable to you as the ones you want. For example, they may be proposing that they will keep all the equity in the family home and you keep all your pensions, but that deal doesn’t give you the capital to rehouse yourself even though it will provide you with an income in eventual retirement. At Evolve Family Law, our North West divorce solicitors focus on finding out what your ideal divorce settlement would look like and why. We then work on discovering the full extent of the family assets and any property that might be classed as non-family assets. We can then have an informed discussion with you about your realistic settlement options so you can weigh up the pros and cons of court proceedings over family mediation or arbitration or weigh up the advantages of spousal maintenance over a bigger share of equity in the family home. Having the right expert support behind you can give you the confidence to say yes or no to what is on offer from your ex, knowing that your lawyers have a strategy to get you the divorce settlement you need. Call us for an appointment to discuss your divorce settlement or complete our online enquiry form. 

In this blog, prenuptial agreement solicitor Robin Charrot looks at the statistics on prenuptial agreements and explains why you should consider signing a prenup or postnuptial agreement. For prenuptial agreement advice call our team of specialist family lawyers or complete our online enquiry form. Prenup statistics The research from Handelsbanken Wealth & Asset Management highlights that: Only one in ten couples have a prenuptial agreement Younger married couples are more likely to sign a prenup before marriage Nearly a third of those interviewed didn’t sign a prenup because they didn’t think they would get divorced Prenup research and the relevance of age The Handelsbanken research reveals how important age is to the decision to sign a relationship agreement. Although 89% of couples don’t have a prenup, the statistics are very different when broken down into age groups: 40% of couples aged 18-34 have a prenup 11% of couples aged 35-54 have a prenup 1% of couples over 55 have a prenup What’s concerning to prenuptial agreement lawyers is that according to 2021 statistics from the Office of National Statistics, the average duration of a marriage at divorce was 12.3 years for opposite-sex divorces in 2021. Handelsbanken research shows that, worryingly, those entering second or third marriages or getting married for the first time later in life are less likely to sign a prenup. While anyone getting married should consider signing a prenup, it is especially sensible to do so if you have pre-marriage acquired assets, a prior divorce financial settlement, or children from a previous relationship. Research on why couples don’t sign prenups Prenuptial agreement solicitors are always interested in discovering why people don’t want the safeguards a relationship agreement provides. The research shows: 10% hadn’t heard about prenups 15% thought they would be able to sort things out between themselves 16% were not worried about splitting up and dividing assets 17% thought assets would be split equally 32% thought they would not split up so a prenup was unnecessary The responses reveal that many of those interviewed do not see a prenup in the same way as say life or critical illness policies; a safeguard that you hopefully won't need but comforting to know it is there if you need it. [related_posts] Why you need a prenuptial agreement Let's go through the reasons why people don’t sign prenups and explain why they can be helpful: No need, we agree – when you are getting married and in love you don’t need a prenup. However, at the time of your separation or divorce, when you are likely to have far more in property equity, pensions and other assets, emotions and hurt may cloud your judgment or that of your husband or wife We are not worried – you may not be worried about having a prenup but if you do split up you may regret not signing one. A prenup can take away a lot of the worry and stress at the time of your separation because you are less likely to end up in expensive and lengthy court proceedings over how your assets should be split and if spousal maintenance should be paid No need, it's an equal split – that may be accurate at the time of your marriage but fast forward 5, 10, 15 or 20 years and it could be a different story. For example, you may need spousal maintenance if you have stayed at home to look after children or through ill health or you may want an unequal split if you inherited money during the marriage We won't split up – according to ONS statistics, nearly half of marriages end in divorce. Saying you don’t need a prenup because you won't split up is a bit like saying you don’t need critical illness coverage or a Lasting Power of Attorney because you don’t think you will fall ill. Hopefully, you are right to be positive but insurance, LPAs and prenups all give peace of mind The status of prenups in divorce proceedings Our prenuptial agreement lawyers had thought research would show that people would think a prenup wasn’t worth it as it isn’t legally binding but that did not come out as a major reason not to sign an agreement. It's true that under current English family law, a prenuptial agreement isn’t automatically legally binding on a husband and wife at the time of any future divorce proceedings but the agreement will carry significant (potentially full weight) if safeguards are met. The safeguards are: Fairness - the terms of the agreement are fair to both of you – that’s why you need a prenup solicitor to advise you on the contents Timing -the agreement is signed a few weeks before the marriage Understanding - you both understood what you were signing up for and there was no coercion Knowledge- you both provided financial disclosure to help you decide if the agreement was fair Advice – you both took independent advice from family law solicitors If you didn’t sign a prenup before your marriage you can remedy that now by signing a postnuptial or after marriage agreement. Our relationship agreement lawyers will carefully advise you on the type of agreement you need and the options for what to include in it. We will then provide sensitive advice to help you finalise and sign off on your agreement. For prenuptial or postnuptial agreement advice call our team of specialist family lawyers or complete our online enquiry form.