Divorce

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

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.

Traditionally, it was seen as necessary to have a divorce lawyer in your corner.  Helping you fight to gain custody of your children and the best financial settlement. The concept of a divorcing couple placing their trust and confidence in one family lawyer is relatively new. Some couples embrace the idea, whilst others are understandably wary. In this article, our family law solicitors outline how an amicable divorce works through Evolve Family Law's One Lawyer Divorce Service. Contact Evolve Family Law Today for Divorce and Family Law Advice.   What is one-lawyer divorce? The One Lawyer Divorce Service is a simple concept; a husband and wife instruct one family law solicitor rather than two lawyers. The lawyer listens to both husband and wife, then helps you facilitate an agreement and converts the agreement into the documents you need to: Obtain a no-fault divorce. Record the parenting arrangements for your children. Provide you with a binding financial settlement. Obtaining a no-fault divorce using the amicable divorce service The government reduced animosity in the divorce process by introducing no-fault divorce proceedings. That doesn’t mean one spouse isn't at fault for the breakdown of the marriage, or that one or both spouses aren't upset, emotional, or angry.  However, removing fault from the legal process was intended to make it less adversarial. This has been achieved through: The ground for obtaining a divorce is that the marriage has irretrievably broken down – no one needs to prove fault. The couple can jointly or individually apply for the divorce. There are very limited grounds to oppose a divorce – you can't oppose the divorce even if you don’t think the marriage is over. There is no need to attend a court hearing to obtain your final order of divorce. The court won't make divorce costs orders unless the circumstances are exceptional. The advantages of using one lawyer rather than two Using a single lawyer to file your joint divorce can help: Minimise legal costs, and Reduce animosity to help you reach a financial settlement. You agree on parenting arrangements and to co-parent as the One Lawyer Service reduces animosity. [related_posts]   Agreements and the use of the One Lawyer Service The Amicable Divorce One Lawyer Service at Evolve Family Law can help you with: Recording your parenting agreement in a parenting plan or by securing an agreed child arrangement order. Converting a separation agreement into a financial consent order. Converting a memorandum of understanding reached in family mediation into an agreed and binding financial court order. Obtaining a financial court order after you have negotiated a financial settlement between the two of you. Some people believe they can only use the Amicable Divorce One Lawyer Service after reaching a financial settlement and an agreement on the residence and contact arrangements for their children. That’s not the case. You do not have to have reached a parenting or financial agreement before instructing the One Lawyer Service at Evolve Family Law. Using the One Lawyer Service when you have not reached a financial or parenting agreement You may think that it is essential for you and your spouse to have your own divorce solicitors if you have been unable to negotiate a financial or childcare agreement. You may be right. However, in some family situations, it makes sense to use the One Lawyer Service even though you have been unable to reach a full agreement. Using the One Lawyer Service when you have not reached a financial or parenting agreement may be cost-effective and productive, where you: Trust your ex-spouse’s financial disclosure. Know there are no risk factors, such as the safety of your child or previous domestic abuse. Know that you are both committed to reaching a financial settlement. Are both receptive to taking advice on board and to reaching a compromise. Are both willing to explore the stumbling block to reaching a financial settlement. Examples of where the One Lawyer Amicable Divorce Service can help include: One or both of you have pensions, but you are not sure how a pension sharing order works or how pension offsetting could help you both get to a fair financial outcome for both of you. You inherited money after your separation, and you and your spouse both want to understand the relevance of the inheritance to the divorce financial settlement. You have adult children living at home, and you both don’t know how their needs will be factored into the financial settlement. You are struggling to understand the interplay between voluntary child support, top-up child maintenance, and court-ordered spousal maintenance. You signed a prenuptial agreement in the hope that if you separated, the divorce and financial settlement would be amicable. However, your circumstances or your spouse's have changed since the prenuptial agreement was signed. If you and your estranged spouse are both able to take on board the neutral advice of a family lawyer specially trained in providing a One Lawyer Service, then the option of using one lawyer may be a quicker and more cost-effective solution for you. How the One Lawyer Service works when you do not have a financial agreement Consider a couple keen to reach a financial settlement but unsure how to manage their pensions and whether to include pension sharing in the agreement. If they elect to use the One Lawyer Divorce Service and the lawyer screens both as suitable to engage in the amicable divorce process, the lawyer will talk to them both about: The relevance of pensions to their divorce settlement. The pension options, including pension sharing and offsetting. The pension valuations and the instruction of a pension actuary. Potential court outcomes if the court were making a financial court order after a contested hearing. The steps to obtain a financial court order and pension sharing order annexe. Obtaining a financial court order and implementing the pension sharing order. Two traditional divorce solicitors would have similar conversations with their clients in separate lawyers’ offices. In an amicable divorce, a neutral lawyer providing a One Lawyer Divorce Service may explain that a pension sharing order is likely and that the percentage of the pension share could range from 40% to 60% if the couple left the judge to decide on the pension split. The couple, armed with information on the value of 20% of the pension fund and the total costs and timescales of court litigation, may feel it is sensible and fair to compromise on a 50% pension-sharing order after hearing the neutral information provided during the One Lawyer Divorce Service. Screening and the One Lawyer Divorce Service Screening is an essential part of the amicable divorce process. If thorough screening is not conducted, you may waste time and money by committing to the service. The specialist amicable divorce solicitor will probably say that the two of you should not use the One Lawyer Divorce Service if: There is a significant power imbalance between you and your estranged spouse. One of you does not see the need for financial disclosure of assets. One spouse has entrenched views and appears unwilling to agree to any compromise. There was domestic abuse in the relationship. Your child could be at risk of harm. There may be other reasons the service is not appropriate for you. An experienced divorce lawyer trained in providing the One Lawyer Divorce Service can screen and advise you of your alternate options. Key takeaways on the One Lawyer Divorce Service The Evolve Family Law One Lawyer Divorce Service is: Cost-effective when compared to other methods of non-court alternative dispute resolution or traditional court proceedings. Quicker than applying for a child arrangement order or financial order and waiting for court dates. Flexible, as the process can work at your pace and can involve other experts as required, such as a pension expert or property valuer. Bespoke to what you both want and need out of the process. Less adversarial and non-confrontational compared to traditional court proceedings and some other forms of non-court alternative dispute resolution. Get in Touch With us Today for Information on the One Lawyer Divorce Service.  

You may need a freezing order if your estranged or ex-spouse is selling or transferring assets to try to reduce the amount of money available for distribution in planned or ongoing divorce financial proceedings. Family law and freezing order solicitors can help you navigate the process of applying for a freezing injunction and assist you in securing a financial settlement and court order. Get in Touch With us Today.  Freezing orders There are several types of freezing orders, including Section 37 injunctions and Mareva injunctions. These court orders can be applied for as part of a financial remedy application started by a husband, wife or civil partner. The injunction order freezes assets to prevent them from being sold or transferred before a spouse can obtain a financial court order to split the family assets fairly. You do not need to be the applicant in the financial remedy application to apply for an injunction order. However, often the applicant for a freezing injunction starts financial remedy proceedings at the same time as their injunction application. A spouse can also apply for a freezing order mid-way through a financial remedy application if they discover that their estranged or former spouse is intending to transfer or sell assets discovered during the financial disclosure process. Alternative safeguards to freezing orders The family court views freezing injunctions as a draconian measure of the last resort. Family lawyers will therefore consider the alternatives to applying for a freezing injunction. Alternatives to a freezing injunction may save money, reduce court animosity, and avoid the risk that the court will say the threshold for securing an injunction is not met. The alternatives to a freezing order depend on the assets needing protection and the extent of the other family assets. A freezing order solicitor can carefully look at all the options, including: Working out the estimated value of the family assets and non-family assets to see if an injunction application is justified. Writing to the spouse explaining the potential consequences of selling or disposing of assets and the adverse inferences the court will be asked to make against the spouse in the financial court proceedings. Asking the spouse to give an undertaking or promise not to sell or dispose of an asset until an agreed financial settlement is reached or the court makes a financial court order. Asking a bank to freeze a bank or an investment account. Asking the land registry to place a notification on the property register to help stop the owner of land from being able to sell or remortgage it. Divorce solicitors can help you work out the most cost-effective solution to preserve assets until the final hearing of a financial settlement application. Assets that a freezing injunction can freeze An injunction can freeze many types of assets, provided the injunction applicant has evidence to justify the court making the order. Freezing injunction orders are typically made to stop the sale or the transfer of: Bank accounts. Property or land. Investments, stocks and shares. Shares in a family business or company assets to prevent asset stripping. Expensive items, such as gold or jewellery.   The steps to obtain a freezing order    The procedure to obtain a freezing injunction can be broken down into five steps: Injunction application and supporting statement explaining why the freezing order is being sought. Ex parte or without notice hearing for the court to decide if an urgent freezing injunction is necessary without the respondent first being made aware of the application and initial court hearing. Application and any interim order are served on the respondent with a hearing date (called a return date) for the respondent to attend and oppose the injunction order being made or from continuing. The respondent lodges a statement if they oppose the injunction being made or continuing. The respondent may decide that they don’t object to the order freezing an asset, but they may say the wording of the order is impracticable because it doesn't allow them to pay their reasonable living expenses or to operate their business. The injunction hearing with the respondent present takes place, and the judge decides if the freezing order should be made or continue until the date of the final hearing of the financial application.   If the court makes a freezing order, the order must be served on the respondent and any other relevant persons or organisations, such as the respondent’s bank if the order relates to a bank account. [related_posts]   Do you need a freezing injunction? A freezing injunction solicitor can assess whether an application is justified and whether the court is likely to make the order in the terms sought. Using an example is the best way to illustrate whether a freezing order application should be pursued. The freezing injunction example Mike has a house worth £2m, a business worth £3m, and joint bank accounts with his wife, Claire, with a balance of £2m. All the assets total around £7m. Mike is selling his shares in his business to his brother for £2m. Claire thinks that it is a sale at an undervaluation because she thinks the shares are worth an extra £1m. She believes Mike thinks he is being clever and that he plans to get his brother to transfer the shares back to him once a financial court order is made, in the process avoiding giving her an extra £500,000, half the additional value in the shares. She wants a freezing injunction to stop Mike from selling his shares. As the house is the family home, Claire can ask her divorce lawyers to register a notice with the Land Registry to prevent it from being sold or remortgaged. As the bank account is a joint account, the bank can be asked to freeze the account. Potentially, Claire can safeguard assets of up to £4m without applying for a freezing order, and £4m, based on Claire’s knowledge of the business, is over half the value of all the family's assets. Claire’s divorce solicitor can write to Mike’s financial settlement lawyer to explain that if Mike goes ahead with the transfer of shares to his brother at an undervalue, Claire will argue that Mike should be attributed as getting £3m rather than £2m for the shares, as that is the actual value of the shareholding. Therefore, Mike’s ploy won't work, and by his actions, he will unnecessarily increase the costs of the financial remedy proceedings, risking a cost order being made against him and the freezing of the joint bank account. Claire may still prefer to apply for a freezing order to stop the sale of the shares, but she understands her options and how she can safeguard over 50% of the family's assets without one. The divorce lawyer’s advice on the advisability of applying for a Section 37 injunction may depend on whether Claire was married for 3 or 30 years and whether Mike and Claire signed a prenuptial agreement ringfencing Mike’s shareholding in his family business. Do you need substantial family assets to justify applying for a freezing order? Some people think that you can only justify a freezing injunction application if a former spouse is a high-net-worth individual who is intending to sell or dispose of assets worth more than £1m. That’s not the case. If the family assets are modest, an injunction application may be imperative. Preventing an ex-spouse from dissipating £100,000 of family assets by obtaining a freezing injunction may make the difference between a spouse having enough money to buy a new property from their financial settlement or being stuck in rented accommodation because they do not have a large enough lump sum to put down as a deposit on a new house purchase. Each family situation needs careful assessment, and spouses need advice tailored to their personal and financial circumstances so they can weigh up the pros and cons of applying for a freezing injunction. Freezing orders and asset ownership Securing a freezing order over an asset does not mean that the ownership of the asset will be transferred at the date of the injunction hearing or that the asset will be ring-marked for you in the final hearing of the financial settlement application. A freezing order is intended to serve as a neutral, temporary measure pending a financial court order. The order freezes the asset as a holding measure. In some situations, the injunction to stop the sale or transfer of an asset or the movement of money overseas is vital if you are going to get a fair financial settlement. In other scenarios, a Section 37 injunction would be ideal but not critical. How freezing orders work How freezing orders work depends on the asset being frozen. For example, if Claire decides she wants to apply for a Section 37 injunction to stop Mike selling his shares in the family business to his brother, then she does not want the freezing order to have the effect of freezing the company. That would not be in her interests or those of the company's employees, as the order could render the company's shares valueless by the date of the final hearing of her financial settlement application. Freezing orders can be worded so a business can still operate, or if they relate to a personal bank account, the freezing injunction can be phrased so the bank account holder can pay existing standing orders and their usual and reasonable living expenses. Speak to freezing order solicitors in the North West You need specialist freezing order advice if you are worried about family assets disappearing or if you are facing what appears to be aggressive tactics to secure an injunction in circumstances where you have no intention to fritter away assets, and your ex has unfounded suspicions about historical business or personal financial transactions. At Evolve Family Law, our expert divorce and financial settlement solicitors can advise you on the grounds for a freezing order, represent you in the injunction application and financial settlement proceedings. Get in Touch With us Today.

Family solicitor Robin Charrot examines divorce and inheritance and offers advice on how the court resolves divorce financial settlements involving inheritances. Get in Touch With us Today. Divorce and inheritance issues For many young couples, it is a real struggle to get on the property ladder. The combination of house prices and the increase in the cost of living has made homeownership an uphill battle for most young married couples. Frequently, parents and in-laws provide gifts or loans to help young families buy their first home or move to a larger family home. Alternatively, a young couple may be helped if one of them receives a substantial inheritance from a parent or grandparent. When a couple separates and initiates no-fault divorce proceedings, one stumbling block to reaching an agreed financial settlement is where either spouse has received an inheritance or is likely to receive a substantial legacy in the future. Protecting inheritance from divorce There are ways to protect an inheritance from divorce financial claims. Examples of how to protect an inheritance from a financial claim include: Signing a prenuptial agreement. Signing a postnuptial agreement. Creating a discretionary trust. Keeping the inheritance separate. Relationship agreements and protecting inheritances A prenuptial agreement is relevant if you are engaged and have not married. If you are married, you can sign a postnuptial agreement to protect assets from divorce financial claims. Prenuptial and postnuptial agreements can be limited to ringfencing the inheritance, so the spouse who inherited the money from their side of the family keeps it if the couple splits up. Alternatively, the agreement can be comprehensive and set out your agreed financial settlement in the event of a separation. Either type of relationship agreement only works if safeguards are in place to protect both parties, such as financial disclosure and independent legal advice. Trusts and protecting inherited monies The creation of a discretionary trust can be effective in protecting an inheritance from divorce claims. Setting up a discretionary trust requires specialist private client and estate planning advice. Inherited monies classed as non-family wealth  If you have received an inheritance, one way to keep it out of any future divorce financial settlement is to decide not to share the money with your spouse. This strategy does not always work. Whether it is feasible to keep money separate depends on the extent of your other assets, the length of your marriage, and several other factors. Keeping inherited money separate from your husband or wife means keeping it in a sole account, not placing it in a joint account, and not using it to pay off the mortgage on the family home or to invest in the family business. The court will decide in financial court proceedings whether the money falls within the definition of family money or is non-family wealth. The asset can also be referred to as a non-marital asset. If a court concludes that an inheritance qualifies as a non-marital asset, the court will not share the inheritance as part of the financial settlement unless it is necessary to do so. It will be necessary to do so if your spouses' and the children's needs cannot be met without recourse to the non-marital asset. Non-family wealth – the practicalities Family lawyers recognise the difficulties of keeping inherited money separate from shared funds. Keeping an inheritance separate from your wife's funds or in your sole account may conflict with financial advice or tax advice. For example, from a financial standpoint: It may be best to pay off the mortgage on the jointly owned family home mortgage rather than keep your inheritance in a bank account or in investments in your sole name, or From an income tax perspective, it may be best to make use of your ISA allowance and the ISA allowance of your husband or wife. The professional legal, financial, and tax advice is correct but conflicting. That’s because each professional addresses the inherited funds from different angles. A family law solicitor can assist you in working out the option that best suits your needs and priorities. You might also be interested in [related_posts]   Inheritances and financial disclosure when negotiating a financial settlement In financial settlement negotiations and court proceedings, there is often an assumption that inherited money or inheritance and trust prospects do not need to be disclosed to your spouse or to the court. However, all husbands and wives must provide complete and frank financial disclosure. If you do not disclose an inheritance, it can result in: Your spouse being suspiciousabout other financial aspects, such as the value of the family business or the extent of your income. This suspicion makes it less likely that you can reach an agreed divorce financial settlement. In the financial proceedings, the court being asked to make inferences about your honesty. The court could be asked to infer that you have additional undisclosed wealth because you did not initially disclose the existence of an inheritance or a trust. If a financial court order is madeand it subsequently comes to light that you had received an inheritance or were a discretionary beneficiary of a trust, your spouse can ask the court to review the order and make a new one based on the argument that the court would not have made the original order if you had disclosed the existence of the inheritance or the trust. Family solicitors recommend that if you have received an inheritance or if you are named in a Will or a trust, you discuss your financial disclosure with a specialist divorce financial settlement solicitor before you start financial settlement negotiations, attend family mediation, or complete Form E financial disclosure as part of the divorce financial settlement court process. Disclosure of inherited monies and inheritance prospects Even if the advice is that you must disclose the inheritance, you can still argue that the inheritance should not be considered in the divorce financial settlement. For example, because you have not received the legacy yet and the testator may change their Will or because although the inheritance has been received, the inherited money did not become marital property because of the existence of a prenuptial agreement or as a result of the money being kept separate. Many future inheritances can be safely ignored and will be disregarded by the court. For example, if you are getting divorced in your 20s and your parents have named you as a beneficiary of their Wills but they are in their 60s and fit and healthy. Why? Firstly, you may not inherit for another 30 years, and secondly, by the date of their death, they may have spent your legacy or decided to leave it to a charity. The relevance of a future inheritance may be different if you and your spouse are in your 60s and you are divorcing after 30 years of marriage. An imminent inheritance could be relevant if there is insufficient equity in the family home to rehouse you both or to meet your retirement needs. The inheritance could mean your spouse gets more of the equity or pension share than would have been the case if you were not due to imminently receive a substantial inheritance or had recently received it. Divorce, inheritance and protecting family wealth Divorce and inheritance can be a very emotional topic. Invariably, people want to protect an inheritance because they believe it is family money left to them and that their relative would not want their estate shared with their former spouse. Divorce financial settlement solicitors and estate planning lawyers can guide you and your family on your options.   For expert advice on divorce and family law, call our team of specialist divorce lawyers or complete our online enquiry form.

Living with a husband or wife who has dementia can be more than some spouses can cope with, especially when there were marital difficulties before the diagnosis. Although there is an increasing amount of support available and understanding of the impact of a dementia diagnosis on the family, for some spouses, the right option is separation or divorce. At Evolve Family Law, our divorce solicitors have advised several spouses who have contemplated separating or divorcing after their spouse has received a diagnosis of dementia. Many are loath to seek legal advice, as they fear judgment from family, a divorce lawyer, or the court. It is an impossible situation, and we recommend seeking specialist legal advice to understand your options. Contact Evolve Family Law for specialist divorce legal advice. Divorce proceedings and dementia Whether or not the dementia diagnosis played any part in the reasons for the marriage breakdown, there are likely to be feelings of guilt about applying for a divorce and worry about how a spouse who is ill will face the future. There is also likely to be a concern that you will not meet the legal criteria for a divorce. With the introduction of no-fault divorce proceedings, all you need to show to obtain a divorce is that, in your opinion, the marriage has irretrievably broken down. Your spouse does not need to agree with you, and in most cases, there are no grounds on which they can oppose the divorce. If you are worried that your spouse is not well enough to instruct a divorce solicitor or to play a part in the proceedings, the family procedure rules allow the court to appoint a person to represent your spouse’s interests. Financial settlements when one spouse has dementia  If you decide to separate, it is important that you get specialist legal advice because, in some financial and pension circumstances, it will be in both of your interests not to get divorced. In other situations, it will be important to get divorced rather than just live apart, so the court can make a binding financial order that may include a pension-sharing order. When contemplating separation or divorce, most people do not want to base their decision solely on financial considerations. However, you do need both expert financial and legal advice to understand the ramifications of staying together or separating, as either option could significantly affect your retirement and personal and financial circumstances. Many people worry about how a dementia diagnosis will affect a financial settlement. The court takes several factors into account when deciding on a fair and reasonable financial settlement. One of those factors is the health of both the husband and wife. A dementia diagnosis means that the court will carefully consider a spouse’s housing, capital and income needs. However, the court will aim to make a financial court order that meets the needs of both husband and wife. Dementia and taking part in divorce and financial court proceedings People also worry about whether a spouse will understand divorce and financial proceedings, and think that they cannot get divorced if their spouse cannot play a part in court proceedings and instruct a solicitor. If a spouse does not have the capacity to instruct a solicitor or make decisions, you can still get divorced and reach a financial settlement. That is because court rules provide for your spouse to be represented in the court proceedings and their interests to be protected. You might also be interested in [related_posts]   How can Evolve Family Law help? The decision to separate or divorce is never easy. It is even harder when a spouse is ill. Divorce solicitors say that it is possible to divorce with dignity after a diagnosis of dementia. In many situations, whilst a spouse cannot cope with sharing a home, they want their spouse to be provided for. The first step is to investigate your options so you can make an informed decision about what is right for you. Contact Evolve Family Law for specialist divorce legal advice.