Divorce

In Brief According to the Office for National Statistics, there are nearly seven million people in cohabiting relationships. Cohabiting families now account for around 17% of relationships. Although unmarried relationships are growing in popularity, couples who have lived together do not have the same legal protections and rights under current law as couples who are married or in civil partnerships. Without clear or automatic rights, complex and protracted court proceedings may be necessary to resolve property disputes. The government intends to reform the law to give unmarried partners additional rights. However, until the law changes, cohabitants need to understand their family law rights if they separate from their partner. Contact Evolve Family Law.    Key Considerations for Unmarried Partners Living together does not confer the same legal rights as marriage or civil partnership. Cohabiting for an extended period does not make you a common law husband or wife. The law on cohabitation is based on property and trust law rather than needs or fairness. Using trust or property law, a cohabitant may be able to claim a share of their partner's property - even though they are not a joint owner. Legislation (called TOLATA) gives the court the power to order the sale or transfer of a property. Cohabitants cannot claim spousal maintenance for themselves or claim pension rights. The right to claim child support for children is the same, whether parents were married, in a civil partnership or living together. Cohabitants can sign a cohabitation agreement while living together to record how they want to split their property if they separate. Joint owners of property can sign a declaration of trust to record how the equity in their property will be shared if they separate. The right to spend parenting time with a child and apply for a child arrangement order is the same, whether parents are married, in a civil partnership or living together. What is a TOLATA Claim? The Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) is the legislation that governs property ownership disputes. In TOLATA court proceedings, the judge can decide: Who is the legal owner/s of the property. Who has a beneficial or equitable interest in the property. The property shares that those with an interest in the property hold, normally expressed as a percentage of the net equity. Whether the property should be sold. Who is entitled to occupy the property. If a couple have children under 18, an application can also be made under the Children Act 1989 for housing provision while the child is a dependent or for a lump sum for child-related expenses. TOLATA focuses on property and trust law, whilst Children Act claims provide temporary housing provision and focus on the child’s welfare and needs. TOLATA Claims TOLATA claims can be used to resolve disputes between unmarried ex-partners where one ex-cohabitant seeks: A declaration to resolve property ownership. An order for sale. An order for deferred sale. The court will require detailed information where claims are brought by cohabitants whose names were not on the title deeds and who are claiming a beneficial interest, or where joint legal owners cannot agree on the extent of their legal ownership. In a TOLATA claim, the court will need to look at these issues: Did the couple sign a declaration of trust or a cohabitation agreement? In the absence of a declaration of trust or cohabitation agreement, what was the couple’s intention regarding property ownership and equity at the time of the property purchase or when one partner moved into the other partner’s property?   Who provided the house deposit and associated purchase costs, such as stamp duty? Who paid the mortgage?  Who paid for renovations to the property?  What evidence is there of discussions that took place or promises made over property ownership? What evidence is there of contributions made to a property in money's worth? For example, carrying out DIY renovations to a property. Each TOLATA claim is decided on the facts and the evidence a claimant and their ex-partner can produce. That’s why it is important to take specialist advice on the merits of a claim so former cohabitants can try to resolve their property dispute using mediation or another form of alternative dispute resolution to avoid protracted court proceedings. Legal Advice for Cohabitants  Taking early family law advice can help cohabitants avoid expensive court disputes and protracted litigation. People in unmarried relationships should have: A cohabitation agreement. A Will. A Lasting Power of Attorney.    If you are ending a cohabiting relationship, you need: A separation agreement. A parenting plan.  A new Will and Lasting Power of Attorney.  Family lawyers and estate planning solicitors can draw these documents up for you.  [related_posts] Risks of not Documenting Your Cohabiting Relationship   The risks of not documenting your cohabiting relationship become apparent if you separate or if one partner becomes unwell or passes away.  The risks are: Without a cohabitation agreement, there could be a dispute over ownership of the family home. Non-owners whose names are not on the title deeds or mortgage can claim a beneficial interest in the property and either receive a share of the sale proceeds or have their partner buy out their interest in the house. If a separation agreement is not signed when cohabitants split up, there is a risk that a former cohabitant will return and try to claim additional monies. A parenting plan records the agreement reached on the split of parenting and contact time. Without a plan, disagreements can escalate, leading one parent to ask the court to make a child arrangement order.   If a cohabiting couple do not have Wills, neither of them will inherit from the other. The intestacy rules do not recognise cohabiting relationships. To claim a share of the estate, a cohabitant will have to bring an estate claim and assert that the intestacy rules do not make reasonable financial provision for them. If a cohabiting couple do not have Lasting Powers of Attorney and one of them loses capacity, the other partner has no legal right to deal with their financial affairs or make health and welfare decisions for them. Family Law Solicitors for Unmarried Partner Disputes At Evolve Family Law, our specialist team of family law solicitors in Cheshire and Manchester can help with: Cohabitation agreements.  TOLATA claims for unmarried partners. Schedule 1 Children Act 1989 claims. Parenting time disputes and child arrangement order applications. Child maintenance advice.  Parents wanting to relocate with their children (either overseas or within the UK) and relocation order applications. Wills for unmarried partners. Lasting Powers of Attorney for cohabitants. Claims against estates where a claimant maintains that their cohabitant’s Will or the intestacy rules did not make reasonable financial provision for them.    Contact Evolve Family Law for expert advice. 

Family mediation is voluntary. No one can be forced to attend. However, there are implications if you choose not to try mediation or any other type of alternative dispute resolution and make a court application for a judge to resolve your family law dispute. In this blog, our family law solicitors explain what mediation involves, the support your family lawyer can provide and outline your options. Contact Evolve Family Law. Finding out about family mediation Your family law solicitor will provide you with information about all your alternative dispute resolution options to resolve disputed issues with your ex-spouse or partner. Alternative dispute resolution can help resolve disputes over money, maintenance, property, pensions, the family business or the living and contact arrangements for your children. The alternative dispute resolution options include: Family mediation. Amicable Divorce - One Lawyer Divorce. Solicitor negotiations. Roundtable meetings. Collaborative law. Arbitration. A family lawyer can explain the pros and cons of each option and outline why one may be more suitable than others. Although you may not have a positive view about mediation because of previous experience or the tales of friends, a divorce solicitor can explain the different types of mediation process, such as lawyer-involved mediation, shuttle mediation or child-inclusive mediation, and can recommend a mediator to you. One-to-one preliminary meeting with a family mediator Many people are reluctant to try mediation because they think they will be rushed into a settlement they don’t want and that won't work for them. However, mediation normally starts with a one-to-one preliminary meeting with a mediator. This is called an MIAM or Mediation Information and Assessment Meeting. A MIAM should be treated as a meet-and-greet and strategy meeting, so the mediator has sufficient information about you and your family to enable them to work out a mediation plan that reflects your priorities and those of your ex-partner. The Mediation Information and Assessment Meeting At the MIAM meeting, the mediator explains how mediation works, outlines the role of a family mediator, assesses whether mediation is a suitable option for you, and answers your questions. It is best to outline your specific concerns about the mediation process in the MIAM so the mediator can discuss solutions. For example, the mediator may suggest shuttle mediation or recommend the instruction of experts during the mediation process if you do not think that you can come to a fair financial settlement without a formal valuation of the family business or without a report from a pension actuary. If the mediator does not think that mediation is suitable for you and your former partner, they will sign a form saying so. Your divorce solicitor will advise on whether the mediator is likely to say whether you fall within one of the exemptions that make mediation unsuitable. Even if the mediator thinks that mediation is a suitable option to resolve the disputed family law issue, either you or your ex-partner can decide that you don’t want to mediate. Role of family law solicitors in mediation Some people are reluctant to go to mediation because they fear their ex will push them into an ‘agreement’ they don’t want and think they would be better protected by their divorce solicitor handling everything for them. Sometimes they are right, and mediation is not the right option. For example, if one spouse is abusive, financially manipulative or refuses to provide financial disclosure of their assets. In other situations, family mediation can be empowering, and you, the mediator, and the family lawyers can work out the extent of the family law solicitors' role in the mediation process. The role of family law solicitors in mediation can involve: Lawyer-inclusive mediation. Mediation support. Legal implementation of the mediated agreement. [related_posts] Lawyer-inclusive mediation With a lawyer involved in mediation, both family lawyers attend the sessions and provide advice to their respective clients between sessions. This type of mediation is only feasible if both partners want the lawyers to be present during sessions and the mediator agrees. Lawyer-inclusive mediation can be a good option when there are complex assets or issues, and the two lawyers can work in ways that support the mediation process, giving it the best chance of success. Having family lawyers present at family mediation meetings increases costs, so it is best to explore alternatives, such as seeking legal advice between mediation sessions or suggesting shuttle mediation if you don’t want to be in the same room as your ex and the mediator. Mediation support provided by a family solicitor  A family lawyer can provide mediation support by: Explaining the mediation process. Advising on potential child arrangement order or financial court order outcomes if either you or your ex-partner start financial settlement or children law court proceedings. Advising on the extent of financial disclosure required to reach a fair mediated financial settlement. Explaining an ex-partner’s financial disclosure and recommending that additional questions be asked or that valuation reports be obtained. Advising on tricky legal points that crop up in mediation, such as the relevance of a prenuptial agreement or a future inheritance or how the court will treat a family business if court proceedings are started. Reality testing childcare or financial settlement options suggested in family mediation sessions. Explaining your options if mediation breaks down. Converting your mediated memorandum of understanding into a binding financial court order or child arrangement order. Sorting out the associated legal paperwork involved with a separation, such as no-fault divorce proceedings, the sale or transfer of the family home, a new Will or Lasting Power of Attorney. Legal implementation of the mediated agreement Some family lawyers are only instructed after family mediation has taken place, and an agreement has been reached. The family law solicitor can: Advise on the memorandum of understanding. Convert the mediated agreement into a binding financial court order or child arrangement order. Legally implement the order. For example, arrange for the pension administrator to implement a pension sharing order. If you reach an agreement in mediation but you do not finalise the divorce proceedings or obtain a court order, your ex could try to renege on the agreement later. That’s why it is essential to get input from a family lawyer on the memorandum and what needs to be done to convert it into a court order. Confidentiality and mediation Sometimes people worry that if they say they are willing to give mediation a go and it fails, anything they said in mediation will be used against them in subsequent court proceedings for a financial settlement or child arrangement order. Mediation rules prevent either you or your ex-partner from revealing in court proceedings what was said in mediation to try to reach a compromise. Impact of not going to mediation If you choose not to go to family mediation or try any other form of alternative dispute resolution, and you issue court proceedings, the rules state: The judge can decide to adjourn the application for mediation if the judge thinks it should be attempted. The judge can penalise someone who started court proceedings or who refused to try alternative dispute resolution by making a cost order in favour of the other person. Legal advice during mediation At Evolve Family Law, our family solicitors emphasise the benefits of reaching a financial settlement or agreeing parenting arrangements outside of court proceedings. Family mediation is one of several ways to achieve that.  Our lawyers can support you through the mediation process and, if it is successful, ensure that your mediated agreement is converted into a binding court order and implemented. Contact Evolve Family Law.

Any divorce is traumatic, but it can be particularly tough in a farming family as the farm is both the source of the family income and the family home. When you are trying to end your marriage and sort out the division of personal and business assets, it is especially important to choose a divorce solicitor with expertise in divorce in the farming community. Contact Evolve Family Law. Family farms and divorce Some people question why a divorce involving a family farm is different from any other type of divorce. Whilst every divorce is painful, one involving a family farm can be particularly complicated and emotive. Often, the farm has been in the family for generations. There is, therefore, a great sentimental attachment to the farmhouse and land. Not only that, the farm is normally both the family home and the source of income for the entire family, including extended family members such as grandparents and adult children. Adding to the complexities, the farm, or part of the land, may be owned by the older generation, or one spouse’s parents may receive income from farm profits to provide a pension after they transferred ownership of the family farm to a son or daughter. A divorce lawyer at Evolve Family Law can advise on the financial complexities of divorce involving a farm, explain your options, and help you negotiate and agree on a fair divorce financial settlement. If that is impossible, we can expertly represent you in a court application for a financial court order and present your case for why you need the order you are seeking. Prenuptial agreements and farms In an ideal world, a farming family will take private client advice before handing over ownership of the family farm to a son or daughter. Often, a farming family is told by an estate-planning solicitor that it is tax-efficient to transfer ownership of the farm to the younger generation to minimise inheritance tax. That is all very well, but unless specialist family legal advice is sought, the family may be reducing the risk of paying a large inheritance tax bill while exposing the family farm to divorce claims, because they did not receive advice on the benefits of a prenuptial or postnuptial agreement. Is a farm a family asset whose value will be shared? Some farming families believe that if the family farm has been gifted or inherited, it will automatically be protected or ring-fenced from any financial claims arising on divorce. That is not necessarily the case. Divorce financial claims can be made against the assets even if an asset is: Owned in the sole name of one spouse, and Was owned by the spouse before the marriage, and It has been in family ownership for a long time. When a couple gets divorced, all the assets they own, individually or jointly, are considered by divorce solicitors when negotiating a financial settlement or by the court when making a financial order. The court's decision will depend on whether the asset is classified as a family or matrimonial asset, or a non-family or non-matrimonial asset. If a husband and wife cannot agree on whether an asset is a family asset or not, the court will decide. If an asset is classified as a family asset, the court will treat its value as potentially divisible between the husband and wife. Alternatively, its value can be offset against other assets, such as land, investments, or pensions. If land or property is classed as a non-family asset belonging to one spouse, the court will not share the non-matrimonial asset between the husband and wife unless the non-owning spouse’s and the children’s needs are such that they can not be met from them sharing all the family assets, including where needs are not met from one spouse getting 100% of all the family assets and the other spouse retaining their asset that has been held to be a non-matrimonial asset, such as a farm business. Will a prenuptial agreement make a family farm a non-matrimonial asset? If a family own a farm and wants to leave it as a legacy or gift to a son or daughter, the best option to protect the family farm from divorce claims is to sign a prenuptial agreement before the marriage. Although a prenuptial agreement can try to ring-fence the family farm from any financial claims in divorce, whether it will work fully depends on the family's needs at the time of the divorce and the availability of other assets to meet those claims. In any family situation involving a family farm, divorce solicitors recommend seeking legal advice on the benefits and potential disadvantages of a gift or transfer before the farm is transferred to a son or daughter. Advice can then be taken on the option of a prenuptial agreement or, if they are already married, a post-nuptial agreement. Divorce and the family farm If you are getting divorced and one of you owns a family farm, then both husband and wife should take expert legal advice from specialist divorce and family finance solicitors. The farm owner likely wants to keep the farm, while the spouse who does not own it wants it sold to raise money to buy a house to rehome them. There may be mention of the land’s increased value if farm buildings or land could potentially get outline planning permission, so it can be developed for housing or even get planning permission for a new town. Valuing a family farm in divorce proceedings In any divorce and financial proceedings, assets need to be valued. That applies just as much when the asset is a family farm. A specialist valuation will be needed to look at the value of the farm and land, as well as any ‘’hope’’ value in relation to planning permission and development opportunities or the sale of part of the acreage. In addition, the value of the farm asset will depend on the income generated and the value of the agricultural land. [related_posts] Selling part of a farm to fund a divorce financial settlement  If a farm is owned in the sole name of a husband or wife (rather than ownership being shared with parents and siblings), then it may be possible to sell part of the land or a farm building or to raise capital by mortgage to meet a husband or wife’s divorce financial claims. When it comes to a family farm and divorce, the court may view the farm as a non-matrimonial asset and therefore will not order that its value be shared equally between the husband and wife. However, the bottom line is that a husband or wife may get an award that affects the family farm if it is the only way that their housing and other needs can be met. Choosing Evolve Family Law When a divorce solicitor is giving legal advice to either a farmer or their spouse, the aim is to achieve a financial solution that provides a home for the husband, wife, and children, and, ideally, does not affect the continued viability of the working farm. This can require creative resolutions to secure the family farm for future generations. At Evolve Family Law, our specialist divorce lawyers are experienced in advising on prenuptial agreements and farms and on reaching divorce financial settlements where there is an owned or tenant farm and a creative divorce settlement is required to preserve the farm whilst also meeting the family's need for rehousing and income. Contact Evolve Family Law.

As North West divorce solicitors specialising in resolving financial disputes after a separation or divorce, we spend a significant amount of time addressing ownership and the treatment of business assets. If you own shares in a family business or are a partner in a limited liability partnership, or a sole trader, or a spouse whose partner has business interests, then Evolve Family Law has the expertise and experience to help you negotiate a fair financial settlement even where business assets are considered complex or non-realisable. Contact Evolve Family Law. Family assets or business assets  Many people assume that if they split up from their spouse, their business assets are ring-fenced and will not form part of the financial settlement. That isn’t the case. In divorce financial settlement proceedings, the court can order the valuation of a business and the sale or transfer of company shares. Is a business asset a family asset or a non-matrimonial asset? A business can be either a family or matrimonial asset or a non-family or non-matrimonial asset. If a divorcing couple cannot agree on the status of the business, the family court can rule on whether the asset is a family or non-family asset. The answer will depend on the family circumstances. The distinction of whether a business is a family or non-matrimonial asset is important because the value of the business may exceed the equity in the family home, any savings or the value of pension funds. The court can hold that business interests are a family asset even if the shares in the family business are owned solely by one spouse, and the other spouse has had no day-to-day involvement in the business. If a couple agrees or the court orders that a business is a family asset, the court can share the business's value by selling or transferring it, or by offsetting its value. Offsetting means the non-business-owning spouse receives a larger share of the equity in the family home, investments or pensions. If the business asset is deemed to be a non-matrimonial asset, then the court will only share its value with the other spouse if it is necessary to do so because the division of the family assets is insufficient to meet reasonable needs. A spouse’s reasonable needs may include housing for themselves and minor children. For example, if the equity in the family home is £500,000, and the shares in the family business are worth £3 million and the spouses will each need £500,000 to rehouse themselves. Legal advice when you are divorcing, and there are business assets It is therefore important to get specialist advice from a Manchester divorce solicitor on business assets within divorce proceedings so that you understand: The relevance of business assets to your financial settlement. How to get the business asset accurately valued. The options on how to reach a financial settlement where there are business assets. Tips for those who are divorcing with family businesses Here are some tips on what you should consider if you are divorcing and either you or your spouse has business assets: Make sure that the business is accurately valued. The choice of valuation method may significantly affect its value. The value of a shareholding may be affected if it is a minority shareholding or has limited voting rights. Take legal advice on the best person to value the business. It could be the existing company accountant, business advisor, or a forensic accountant. Understand the tax implications of agreeing to a sale or the transfer of shares. If you are an employee of the company, make sure that the financial court order deals with your employment status and any tax implications of terminating the employment. If you intend to continue in business with your former husband or wife, ensure that, as well as obtaining a financial court order, you also regulate the new business arrangement with a new shareholder agreement or partnership agreement. Business valuations in financial settlement negotiations or court proceedings There are many different methods of business valuation. These include: The net book value. Multiple of profit. Capital value or a combination of value and profit. Getting the valuation method right can make a significant difference to the size of the financial settlement. If the net book value is used, the valuer must be satisfied that the assets are correctly valued in the business accounts. Sometimes the assets are included in the accounts at an artificially low figure, or the assets have not been revalued for some years. If a business valuer is valuing a shareholding using a profit multiple, this can be difficult, as profits may have been overstated or understated in the accounts. In addition, the accountant needs expertise to understand the appropriate multiples for the business sector. Employment in the family business and divorce proceedings  A spouse who was a ‘sleeping partner’ or an employee in the business during the marriage to maximise the tax advantages to the family may find themselves with unexpected and unwelcome tax liabilities unless their family solicitor and financial advisor explain the consequences of exiting the business and put protection strategies and liability cover in place in the financial court order. If a business owner negotiates to retain their business as part of their financial settlement, they may find they have an unexpected business exposure if their ex-spouse does not agree to resign from the company and to forgo any employment law claims in the preamble to the financial court order. This point is important, as some former spouses who remain employees of the business can bring an employment tribunal claim without a limit on the employer’s liability for discrimination. The claim can be prevented if the employed spouse agrees to forgo any such claims as part of their divorce settlement. If a spouse is reliant on income from the business to meet their outgoings, the financial settlement can still include the transfer of their shares, the termination of their employment and the payment of lifetime or time-limited spousal maintenance. If the spouses are nearing retirement, the financial court order could include a pension-sharing order, so the financially stronger spouse shares their pension income while retaining the business in the financial settlement.      [related_posts] Family business protection in financial court orders   When a husband and wife agree to separate but want to continue operating the family business together, the agreement must be properly documented to avoid disputes and minimise the risk of a future falling-out. Protection can take the form of written employment contracts, a shareholder agreement, and a family financial court order. These documents provide checks and balances, such as recording the agreed policy for declaring dividends or for employing new staff, ensuring both spouses have legal protection. With these documents in place, many spouses can work together successfully even if they can’t continue living together. Prenuptial agreements and their role in protecting business assets   A prenuptial agreement (or a postnuptial agreement if a couple is already married) can sometimes be the ideal solution to protect business assets from financial claims in divorce proceedings. A prenuptial or postnuptial agreement can try to ring-fence the business completely from claims in divorce. If this is not possible, the agreement can include provisions to protect the family business in the event of a divorce. When it comes to the business of divorce, it pays to get the right legal help from experienced and expert divorce solicitors, such as Evolve Family Law. Contact Evolve Family Law.

Some people don’t like to admit that they are in an emotionally abusive relationship. Others recognise that their partners' actions are abusive, but they are uncertain about what they can do about it. In this blog, our Northwest divorce solicitors look at what you can do about emotional abuse in your marriage.   Call Evolve Family Law or complete our online enquiry form. What is emotional abuse? Even family lawyers find it difficult to define emotional abuse. Unlike physical violence, there is no unmistakable slap mark, bruise or fracture. The effects of emotional abuse are subtle, but they can be as damaging as physical abuse. Emotional abuse is the exertion of control through the manipulation of emotions. It isn’t typically a one-off experience; it's usually a slow and invidious process until you reach the point where you no longer have the strength to recognise the behaviour as abusive, the ability to call out the abuse or leave the relationship. Sometimes it can take seeing your partner start the same pattern of emotional abuse with your child to trigger the decision to do something about the abuse in your relationship. Emotional abuse is best described by the actions it involves: Constantly belittling you. Controlling your actions. Restricting access to friends and family. Examples of emotional abuse in a marriage When friends or relatives see your spouse as loving and attentive, it can be hard to explain that there is another side to the relationship. The best way for family members and others to understand why you need help is to give examples of the emotional abuse, such as: Being told you are a fool or stupid. Questioning your sanity if you disagree with them. Controlling what you can wear or eat. Restricting access to family or friends. Telling you that their behaviour and their control over what you can do is for your own good. Emotional abusers can temper their control and abuse with gifts and kind words, thus presenting to the world as a caring spouse and giving you hope that they have changed or making you think that they can’t help their behaviour because they love you so much. This type of abuse is so subtle and powerful that people from all walks of life can find themselves caught up in an abusive relationship and not know how to get help. Getting help with emotional abuse in a marriage If you have experienced emotional abuse during your marriage, then speaking to a family law solicitor is a good starting point. A family lawyer will not tell you to get divorced. The solicitor will listen and then explain your rights and options. Your options may include: Couple counselling. Individual therapy. A trial separation. Applying for a non-molestation order or occupation order. Starting no-fault divorce proceedings. The option that is right for you and your children will depend on whether you think counselling will work, or the extent of the abuse, or its impact on your children. A lawyer can give you information on financial settlements and likely parenting arrangements after a separation or divorce to help you make an informed decision on what action to take. [related_posts] Injunctions and emotional abuse People often say they do not think they can apply for an injunction order because they do not see themselves as a victim of domestic abuse, or do not think they would be believed. Sadly, for many husbands and wives, their spouse’s emotional abuse can become part of their daily life, so they become inured to it. Often, it is when their partner’s behaviour has turned on the children that the behaviour is seen for what it is: emotional abuse. If you have experienced any form of abuse, you may be able to apply for a non-molestation order or an occupation order.  A non-molestation order says that your partner must not abuse you. The injunction can be enforced if it is breached. An occupation order allows you to live at the family home until the family court decides whether the property should be sold or transferred to you or to your spouse. Depending on the level of abuse and other factors, the court may allow your spouse to live at the family home with you until it makes a financial court order, or the court could grant you an occupation order and make an ouster order to oust your spouse from the property temporarily until a long-term decision is made about how your assets will be divided between you. Divorce proceedings and emotional abuse Some people feel stuck in their marriage because they do not think that they can get divorced unless their spouse will accept that he or she committed adultery or they have evidence of their spouse’s unreasonable behaviour. This is no longer the case. Fault is no longer central to divorce proceedings in the English family court. With the introduction of no-fault divorce proceedings, you no longer have to state in the divorce application that your spouse behaved unreasonably and cite emotional abuse or other forms of domestic abuse, or say that your spouse had an affair. Instead, you can apply for a divorce if you think your marriage has irretrievably broken down. Your spouse’s opinion on the state of your marriage doesn’t matter, as it is your opinion that counts. Your spouse cannot object or defend the divorce proceedings on the basis that they don’t want a divorce, and there is no requirement to explain the reasons for the marriage breakdown in the divorce application. Although a spouse has very limited grounds to oppose a divorce, an emotionally abusive spouse can try to stop you from starting divorce proceedings by threatening to apply for custody or full-time care of the children or by saying that you are financially tied to them because if you divorce you won't find their assets or you won't get anything as the judge will let them stay in the family home and care for the children. Advice from a family lawyer can help you understand the law and your rights. Family law advice and emotional abuse Family law solicitors say it is important to take time to reflect on your partner’s behaviour and to assess whether what you have experienced is emotional abuse. You then need to consider if there is any realistic prospect of your spouse recognising their behaviour as abusive and doing something to change their behaviour. An experienced and understanding family law solicitor will talk you through your options. Importantly, they won’t try to control your decisions or tell you what you must do. However, they can guide and support you, whether you choose to stay with your partner or decide that separation or divorce is the best option for you and your family.   Call Evolve Family Law or complete our online enquiry form. Our latest blogs

The blog title is to grab your attention. Statistically, if you are nearing retirement or are retired, you are more likely to need the services of a prenuptial agreement solicitor than someone in their 20s, 30s or even 40s. In this blog, our family law solicitors explain why a prenuptial agreement is required, whether you are a retiree or a bit younger. Contact Evolve Family Law for specialist family law advice. Marriage statistics The Centre for Social Justice published a report in February 2026 ‘’I DO? The state of marriage in the United Kingdom.’’ The report highlights: The marriage rate among male pensioners is almost a third higher than for men in their early 20s. The marriage rate among men and women in their 20s has fallen by about 90% over the last 50 years. In 2023, the average age at marriage for men was 34.8 years and for women 33 years. The average age for marriage has continued to rise. The statistics, mainly sourced from the Office for National Statistics, explain why family law solicitors have seen an increase in enquiries about prenuptial agreements from those marrying later in life. Prenup agreements for later-life marriages  Ask a prenuptial agreement lawyer, and they will tell you that you should sign a prenuptial agreement whether you are getting married in your 20s, 30s, 40s, 50s or later. However, there may be particularly compelling reasons why you should take legal advice on a prenuptial agreement if you are getting married or remarried in later life: You are more likely to have children from a first or second marriage or a cohabiting relationship. You are more likely to be a homeowner. You may have contributed to a pension for most of your working life. You may be due to receive a substantial inheritance from your parents. You may be a business owner or have substantial cash or investments following the sale of a family business. These are all solid financial reasons for signing a prenuptial agreement. However, many engaged couples who are remarrying after an earlier divorce choose to sign a prenuptial agreement because they do not want to risk a bitter and expensive court fight over how their assets are divided if they divorce. The strength of their views on the importance of a prenuptial agreement is often coloured by the animosity and complexity of the financial remedy proceedings that ended their first or second marriage. [related_posts] Tax planning and prenups For some couples, the decision to marry is tax-related. A couple may have been in a loving and stable relationship for 20-plus years and see no reason to marry, except for the tax benefits. If you are in an unmarried relationship and you pass away, your estate pays inheritance tax and does not get the benefit of a spouse exemption. If you marry and leave your estate to your spouse in your Will, there is normally no inheritance tax payable because of the spouse exemption rule. The IHT spouse exemption rules apply whether a testator was married for five months or 25 years at the date of their death. Likewise, there are no tax concessions for unmarried couples, even if a cohabiting relationship lasted for over 25 years. Inheritance tax efficiencies, therefore, encourage later-life marriage. Those who are financially savvy often want to combine tax and estate planning with a new Will, Lasting Power of Attorney, and a prenuptial agreement. Adult children and prenups If you have adult children, you may be wary of remarriage because you do not want your children to lose out financially by your decision to remarry. Most people have heard horror stories of six-month second marriages, with the new spouse getting all their deceased spouse’s money, and the adult children of the deceased parent losing out and inheriting nothing when their parent died. On the death of the step-parent, the entire estate might then be left to the step-parent’s biological children or to charity. A prenuptial agreement can protect the person getting married from the risks of divorce. A carefully drawn up Will can protect both the new spouse and children from earlier relationships from feeling that their spouse or parent made no provision for them. Wills, estate planning and prenups working together If you are getting married or entering a second or third marriage in your later years, it is important that you have both a Will and a prenuptial agreement. The two documents do different things, and their contents can be the same or different. A Will governs what your spouse inherits if you die. A prenuptial agreement only covers what happens if you separate and divorce. In your Will, you may want to give your spouse the right to live in the family home for life or for a specified period. The Will could state that when the property is sold, your children are to receive the sale proceeds. Alternatively, the Will may divide your estate between your spouse and your children or include a discretionary trust enabling your trustees to advance capital or income to your spouse and children from prior relationships to ensure all their needs are catered for. A prenuptial agreement may be less generous to your spouse than your Will, as it will only be relevant if you are separating. While you may not want your spouse to get anything if you divorce, your prenuptial agreement lawyer will recommend that the terms of your family agreement are fair and cover your spouse’s needs. Depending on the extent of your spouse’s individual wealth or joint assets, your spouse may need extra money from you to meet their housing needs or income needs if you divorce. This may be particularly true if you are marrying later in life and your spouse cannot obtain a mortgage because of their age or has a reduced earning capacity due to their age or health.   Talk to Evolve Family Law At Evolve, our lawyers specialise in prenuptial agreements, postnuptial agreements, estate planning and Wills. If you intend to marry, our experts can advise on what needs to be done to make your prenuptial agreement as water-tight as possible and provide estate planning advice to go alongside your relationship agreement. Contact Evolve Family Law for specialist family law advice.

When a marriage ends during retirement, there are emotional, practical and financial implications that may affect you, your adult children, and your grandchildren. Retirement can bring into focus that your life goals have diverged from your spouse's, and that relationship problems masked during busy work lives mean the relationship is no longer sustainable. At Evolve Family Law, our family law solicitors provide expert later-life divorce advice to secure the best outcome for you. Get in Touch With us Today. Divorce in retirement Statistically, divorce in retirement is on the rise. That is down to: Longer life expectancy. Greater expectations of life in retirement. Experience of financial independence in marriage. Social norms and acceptance of divorce. Different retirement lifestyle choices are available as we live in an age where choices are available. If you are one of the people referred to in the press as a silver or grey divorcee, your separation or divorce during retirement may be particularly painful if you are blindsided by your spouse’s decision to end the marriage and if you are unsure of the steps you should take. Navigating the family complexities of separation in later life Your separation or divorce may affect the whole family. Your adult children and grandchildren may also be impacted because: Your adult children may be living at the family home because they are struggling to buy a house or rent. Your plans to give your adult children money for a house deposit may have to be put on hold or cancelled. You may need to return to work or work for longer, so you will not be available to provide childcare for your grandchildren. If you pay for a grandchild to be privately educated, this may not be sustainable because of the financial impact of the separation. Your adult children may blame you or your spouse for the marriage breakdown and want to restrict their contact with you. This can be particularly hard when you have grandchildren. At Evolve Family Law, our later-life divorce solicitors understand the broader implications of divorcing in retirement and the sensitive issues that you may be grappling with. Modern divorce law Experienced divorce lawyers recall the days when a spouse could object to a divorce or claim there were no grounds for divorce. That’s no longer possible with the introduction of the no-fault divorce law. In no-fault divorce proceedings, either the husband, the wife, or the couple can file jointly for a divorce on the basis that the marriage has irretrievably broken down. Even if you don’t think the marriage is over, your spouse can still divorce you if they believe that the marriage has irretrievably broken down. It can be challenging to hear that there are very few grounds to contest a divorce. Divorce or separation agreement For some couples, divorce is not a priority. When ending a marriage in retirement, there may be financial reasons to remain married while living separately. It may be feasible to reach an amicable financial settlement that can be documented in a separation agreement. That approach will not be possible if you or your spouse wants a share of the other’s pension through a pension share, as a pension provider is only authorised to share a pension if there is a pension sharing order in place. There may be other reasons a divorce may be required, such as remarriage plans or a fear that one spouse is at risk of bankruptcy, so the other spouse needs the security of a financial court order. A divorce solicitor can talk through the options of starting no-fault divorce proceedings or signing a separation agreement. The decision will depend on your personal preferences, financial situation, and asset structure. It's best to speak to a specialist family lawyer, as you may think that your estranged husband's agreement to pay voluntary spousal maintenance under a separation agreement is as good as a pension sharing order achieved through a divorce and pension sharing order. However, there are significant differences between the two options, and one may leave you financially vulnerable.  Financial considerations of divorce in retirement There are special financial considerations of divorce in retirement, including: Financial retirement planning was based on your living together with a joint retirement income. Health concerns in later life may impact your housing and income needs and ability to return to paid employment. You may not be able to secure a mortgage if you are unable to rehouse yourselves from the equity in the family home and any investments. Financial decisions, such as early retirement or the purchase of an annuity, may have been made before the decision was taken to separate. Plans long anticipated, such as going on a world cruise or making a lifetime gift to adult children as part of estate planning, may no longer be affordable. Pensions and pension sharing Aside from the equity in the family home, your pensions may be your largest asset. You may not have drawn down on all the pensions, or you may have taken your 25% tax free lump sum but chosen not to buy an annuity or to take a regular pension income. Whatever pension planning decisions you have made, they will need to be reviewed if you separate and divorce. The family court can divide the pensions of married couples in one of three ways: Pension offsetting. Pension attachment order. Pension sharing order. With pension offsetting, you or your spouse gets other assets to compensate you for not receiving a share of your spouse’s pension. The asset you receive to offset the pension value could be an investment, an increased share in the equity in the family home, or the transfer of the family home into your sole name. A financial advisor can explain whether cashing in the investment or downsizing from the family home to a smaller property will generate enough capital to provide an income to make pension offsetting a more attractive option than a pension sharing order. Pension attachment orders are rarely made, as the more flexible pension sharing order has largely replaced them.  With a pension sharing order, a percentage of a pension is allocated to the other spouse, and it becomes their pension. The pension sharing order cannot be revoked or ended. For example, if the spouse inherits money from their extended family or remarries. Valuing pensions for pension-sharing orders can be complex. Although each pension provider gives an annual cash equivalent transfer value (CETV), the value may be artificially low if you or your spouse is a member of a public sector pension fund when compared to the CETV of a private pension scheme. Divorce solicitors work with pension actuaries and financial advisors to help you understand your pension options and to ensure you achieve a fair financial settlement. [related_posts]   Estate planning when divorcing during retirement Whether you divorce in your 30s or 70s, there are some estate planning issues to consider, but in a later-life divorce, the need to address them is more obvious. Estate planning issues include: Making a new Will. Reassessing any inheritance tax strategies. Signing a new financial Lasting Power of Attorney. Signing a new Health & Welfare Lasting Power of Attorney. Considering life insurance and pension nominations. A decision to separate results in the need to review existing estate planning documents or to consider writing a Will or signing a Lasting Power of Attorney. These steps should be taken when you decide to separate rather than waiting for the divorce proceedings to be finalised. Later life divorce solicitors When considering a later-life divorce, it is best to speak with a family law solicitor experienced in helping individuals navigate the challenges of separation and divorce in retirement. When your anticipated comfortable retirement is devastated by the commencement of no-fault divorce proceedings, it’s important to get comprehensive family law legal advice on all aspects of your separation, including: Financial settlements. Pension sharing. Housing and income issues after a later-life separation. Pension division and how spousal maintenance affects pension sharing. Separation agreements. Family mediation. One lawyer amicable divorce service. Converting an agreement reached into a binding financial court order. Estate planning updates, including a new Will and Lasting Powers of Attorney.   At Evolve Family Law, we will listen carefully to your concerns, explain your options, outline the legal process and do our utmost to help you reach a negotiated financial settlement so you and your estranged spouse can navigate your retirement after your divorce. Get in Touch With us Today.

About one-third of all UK marriages are second marriages. If you are in a second marriage or planning one, you need to know about Wills, estate planning and second marriages. Get in Touch With us Today for Will and Estate Planning Advice. The impact of a second marriage on your Will When you get married for a second time, your remarriage cancels your Will. You are treated as dying without a Will if you remarry and do not make: A new Will specifically said to be made in contemplation of your second marriage, or A new Will made after your second marriage. Dying without a Will is also called dying intestate. First Wills and second marriages If you do not make a new Will when or after you remarry, the relatives who were going to receive your estate under your first Will won't be able to use your first Will to obtain probate and won't receive their legacies under that Will. Instead, to get a share of your estate, they will either need to: Rely on the intestacy rules on estate distribution, or Bring a claim against your estate. The estate claim could bring them into conflict with your second husband or wife or other relatives receiving your estate under the intestacy rules. The intestacy rules and second marriages The intestacy rules say that if you die without a valid Will, your estate is distributed as follows: If you are married with children (from a first or later marriages or relationships), your surviving husband or wife gets the first £322,000 of your estate and all your personal items (chattels). The rest of your estate is divided equally between your spouse and your child. If you have more than one child, the children share the remainder equally. If you are married but do not have children, grandchildren or great-grandchildren, all your estate is inherited by your second husband or wife. An example of intestacy rules and blended families Take the example of Mike, who married Claire. It's the second marriage for both, and they each have three children from earlier relationships and first marriages. Mike dies after only 12 months of marriage to Claire. He leaves an estate worth £900,000. Out of the £900,000 pot, Claire receives £611,000. Mike’s three children share the remaining £289,000, with each receiving around £96,000. In her new Will, Claire is free to leave the £611,000 inheritance from Mike to her three children from previous relationships. The complications of intestacy rules and second marriages If you have married for a second time and have not updated an earlier Will, your Will is cancelled, and the intestacy rules apply to the distribution of your estate. The intestacy rules are rigid and inflexible. They can't be adjusted to fit your family's circumstances. Although the intestacy rules cannot be changed, some people have the right to apply to the court for reasonable financial provision from the deceased’s estate because the intestacy rules did not provide them with any or sufficient money. Unfortunately, a claim against the estate can add to the anguish experienced by a family after a bereavement and pit a widow or widower against the rest of the family. Take the example of Mike and Claire again. Claire is told three people are claiming a share of the money due to be distributed to her under the intestacy rules: Mike’s former wife is bringing a claim against the estate because Mike paid her spousal maintenance. She has grounds to bring a claim as Mike's dependent former spouse. Mike’s adult son is disabled and says the £96,000 isn’t a reasonable financial provision because whilst he needs somewhere to live, Claire is due to get £611,000 and already has her own house, pension and savings. Mike’s youngest daughter is going to university and says she needs financial help from her dad’s estate to support her through university. These claims could be expensive to resolve, and it could take a long time for the estate to be distributed. Your views on whether the intestacy rules are fair may be coloured by factors such as: Mike and Claire jointly owned a family home. The house is valued at one million. As Mike and Claire bought the house as joint tenants, Claire gets the house under the right of survivorship. That means she inherits Mike’s 500,000 of equity in the property and the £611,000 under the intestacy rules. Mike had a few pensions at the time of his death. As he had not completed any pension nomination forms, Claire will receive the pension income and be able to draw down funds as his widow. Mike and Claire signed a prenuptial agreement before their wedding. The agreement said that neither Claire nor Mike would have a claim to the other’s money if they divorced within three years of their marriage. Although the couple were only married for 12 months before Mike’s death, the prenuptial agreement does not apply as it only governs how their assets are divided if they divorce. Writing a new Will when you are part of a blended family  Will solicitors are told that a common reason for delay in making a Will after a second marriage is the fear of getting the contents wrong and creating unfairness between a new spouse and stepchildren or between half-siblings. Lawyers specialising in Wills know that balancing the needs of a second spouse with those of adult or young children, as well as any extended family or charitable bequests that may have featured in an earlier Will signed before the second marriage, can be hard. Talking to a Will solicitor can help you understand your options and provide information on how a new Will can include flexible provision and can be written in a way that caters for the needs of a second spouse and any children or other dependants. Protecting your spouse and children When it comes to writing second marriage Wills, the priorities of the Will maker are usually: To be fair. To meet the needs of family members. To provide flexible provision because the needs of individual family members are likely to change between the date of the Will and the date the Will maker passes away. The priorities can usually be met with a specialist second marriage Will. These types of Will often include: Creation of a discretionary trust in the Will, or A life interest in all or part of the estate for the second spouse, or The second spouse is given the right to live in the family home for life or for a specified period. The timing may depend on the length of the second marriage or other family circumstances. These provisions all create flexibility and allow a Will maker to balance the needs of their spouse, any children and wider family members. [related_posts]   The timing of Wills and second marriages Ideally, if you are getting married for a second time, you need to take some legal advice on the paperwork that should be prepared before your ceremony. These documents include: A prenuptial agreement. A Will made in contemplation of your forthcoming marriage. A Lasting Power of Attorney for financial affairs and a Health & Welfare Lasting Power of Attorney. Pension nominations. Life insurance nominations. If you are in a flurry about wedding plans and don’t get around to all the recommended pre-wedding paperwork, you can sign a postnuptial agreement and a new Will after your marriage. Wills in contemplation of marriage A Will made in contemplation of a planned wedding needs to be signed within a reasonable timeframe of the planned ceremony. You can't make a Will expressed to be in contemplation of marriage if you are in a new relationship and have not set a wedding date, or if you are planning a long engagement. If you are in a serious relationship and you want to leave a new partner a legacy, your Will solicitor may be able to prepare a codicil to your existing Will. Advice on Wills and second marriages Our Will solicitors provide specialist advice on estate planning, second marriages and blended families. We will listen to you to understand your priorities and offer guidance on how to structure your Will and estate planning to meet the needs of your family. Get in Touch With us Today for Will and Estate Planning Advice.