Divorce

The Sunday Times recently ran a piece on ‘emotional labour’ and here at Evolve Family Law that sparked a debate about what emotional labour is and to what extent it plays a part in UK divorce proceedings. If you aren’t sure what emotional labour is and how it could affect your divorce proceedings then read on.​ What is Emotional Labour? Apparently the term ’emotional labour’ first began to be used back in 1983 to describe repressed feelings and emotions at work. Whilst we may not have head of the term we have all bitten back a sharp comment or retort to a work colleague at one point or other, knowing that a sarcastic reply won't help with the need to work together. Fast forward to 2020, and the term emotional labour is now being used in the home environment. I am sure all of you will have suppressed your first thoughts and replies when asked about whether you want the bins taken out, the dishwasher emptied or what time the meal will be ready for as your other half has plans for the evening (that don’t include you).   Emotional labour isn’t just about suppressing your first response to your partner when asked if you want the dishwasher emptied when there are no clean cups or plates in the cupboard and you have just come off a ten hour shift with your other half and the children looking expectantly for their evening meal. It is also about all the other things in a relationship that can quietly drive you crazy as you feel obliged to hide your true feelings for the sake of your partner’s feelings and/or the children’s feelings. Examples include: Having to have the mother in law to Sunday dinner each week when she clearly can't stand you and never reciprocates with an invitation back Always having to select the children’s birthday presents but not say anything when the children assume that the present was chosen jointly Taking sole responsibility for taking the children to rugby practice when you can't stand sport or the biting wind, and would also much prefer a Sunday lie in (like your partner) having worked hard all week and not being the parent who’d encouraged the child to try for a place in the rugby team in the first place.   Do any of those examples ring true in your relationship? Our Manchester divorce solicitors say that it is often only when the decision to separate has been made that either a husband or wife will realise and acknowledge that they are doing the work of two people in the relationship. [related_posts] Does Emotional Labour Lead to Divorce Proceedings? Whilst you don’t currently hear husband or wife's saying that they are getting divorced because of ‘emotional labour’, it is undoubtedly the case that emotional labour is behind some marriage breakdowns and the commencement of divorce proceedings based on the unreasonable behaviour of either a husband or wife.   Can anything be done to stop emotional labour and the breakdown of a marriage? Divorce lawyers are positive that in the right scenario there is help available such as: Family or couple therapy to discuss how you feel and the need for change Individual therapy to help you accept your husband or wife's behaviour and the fact that they aren’t likely to change Professional help to ease the load on one partner in the relationship, whether that is a housekeeper, cleaner or au-pair.   If you can't stop the emotional labour (and can't live with it) then it may prompt divorce proceedings. The divorce proceedings could be based on your partner’s unreasonable behaviour as, in 2020, it is clear that a relationship needs to be if not an equal division of work and home labour then at least a fair one so one partner doesn’t feel they are hard done by and has to suppress emotional labour as that isn’t healthy for the individual and will eventually lead to the start of divorce proceedings unless the problem can be acknowledged and change occurs.   At Evolve Family Law we are grateful to the Sunday Times for giving a name to ‘emotional labour’, something that we are all aware of and with an understanding of just how pernicious the problem can be when you are caught up in a long standing relationship where one partner’s feelings and emotions just don’t count. Online and Manchester and Cheshire Divorce Solicitors Manchester and Cheshire based Evolve Family Law solicitors specialise in family law and divorce proceedings. If you need legal help with family law, from divorce to your financial settlement or childcare arrangements, call Evolve Family Law or complete our online enquiry form to set up a meeting, video conference or telephone appointment.

You may think that when it comes to getting divorced and sorting out a financial settlement you don’t get a choice about where to start court proceedings. Our Manchester divorce solicitors will tell you that isn’t necessarily right and that when it comes to choosing your divorce forum it is best to get expert legal advice to make sure that you make the decision that is right for you. In this blog we look at the recently reported case of Mr and Mrs Villiers that highlights how a short geographical distance can make an enormous difference to the size of your financial settlement. The Case of Mr and Mrs Villiers One of the things that the Villiers case reminds divorce solicitors about is that divorce forum shopping doesn’t have to involve international families. That is because the disputed jurisdiction was between England and Scotland.   Charles Villiers asked the English Supreme Court to rule that his wife’s spousal maintenance claim should be decided in Scotland because he had started his divorce proceedings there. In 2014 Mr Villiers filed for divorce from his wife, Emma in Scotland. During the eighteen year marriage the couple lived near Dumbarton in Scotland. When the marriage broke down Emma Villiers moved to London and started a new life there. In 2015 Emma Villiers applied to an English court under section 27 of the Matrimonial Causes Act 1973 for spousal maintenance. The English court ruled that she was habitually resident in England at the time of her application and so was entitled to ask the English court to rule on the amount of spousal maintenance. Mr Villiers disagreed and he therefore appealed the jurisdiction decision. His appeal eventually arrived at the Supreme Court.   The Supreme Court ruled, by a majority decision of three to two, that Emma Villiers could pursue her spousal maintenance claim in England.   You may question why time and legal fees were spent on arguing on court jurisdiction when Scotland and England are both part of the UK and not a million miles apart.   The cost of the court proceedings makes sense in the financial context that family courts in Scotland only tend to order payment of spousal maintenance for three years. Manchester divorce solicitors say that the Scottish position is sharply contrasted to the position in England where, in an appropriate case, a family judge can order spousal maintenance for life. Spousal maintenance for life means that the spousal maintenance payments won't stop until: The payer dies – however the spouse receiving the spousal maintenance payments can make a claim against the estate if financial provision isn’t made under the terms of the Will or through an insurance policy The payee dies The payee remarries The court makes an order to stop payment of spousal maintenance – for example, if the spouse receiving the spousal maintenance is in a long term cohabiting relationship or wins the lottery.   Court jurisdiction makes a big difference when the monthly spousal maintenance payments amounts to £5,500 per month on an interim basis. Furthermore, Mrs Villiers is asking the court to award her spousal maintenance of £10,000 per month based on the lifestyle enjoyed by the family during the marriage and her husband's wealth, although the extent of his wealth and the relevance of family trusts is disputed by him.   Doing the calculations, maintenance at £10,000 per month for three years amounts to £360,000 using Scottish law spousal maintenance principles but if sixty one year old Emma Villiers succeeds in her argument for life time spousal maintenance using English spousal maintenance principles then the figure could be far higher.   Mr Villiers said that his wife's actions in starting court proceedings in England amounted to ‘'divorce tourism'’ but the Supreme Court has ruled against him this week and therefore the spousal maintenance court proceedings will take place in England.   [related_posts]   The Supreme Court decided that the English court has jurisdiction to hear the wife's spousal maintenance application because the divorce proceedings in Scotland are not what it called a ‘‘related action’’ under article 13 of the Maintenance Regulations. Not all of the Supreme Court judges agreed with the decision but the lead judge said that as Emma Villiers is habitually resident in England the court in England can decide the issue of spousal maintenance.   The decision is being seen by many as a charter for divorce shopping to ensure that a husband or wife gets the optimum financial settlement through their choice of court jurisdiction to hear the divorce or associated financial proceedings.   England is known for its generous financial provision for the spouse who is in a weaker financial position and the decision in the case of Mr and Mrs Villiers will reinforce that view amongst international divorce solicitors.   If there is potentially more than one court jurisdiction for your divorce and financial court proceedings then it is best to take early legal advice from an expert Manchester divorce and financial settlement solicitor to make sure that you achieve a financial settlement that best meets your needs. Our Manchester Divorce Solicitors For specialist divorce and financial settlement legal advice call Whitefield, North Manchester and Cheshire based Evolve Family Law or complete our online enquiry form. We offer family law consultations by face to face appointment, video conferencing, Skype or by telephone appointment.

There has been a lot of coverage in the newspapers on the topic of mental health and how Covid-19 and the lockdown has affected us all; whether that’s physically, mentally or financially. What is clear is that divorce solicitors have seen a rise in enquiries about divorce proceedings following the end of the Covid-19 lockdown citing mental health issues as the reason for the decision to separate. In this blog, we look at the complex topic of divorce and mental health. For expert family law advice call our team or complete our online enquiry form. Covid-19, Mental Health and Divorce None of us ever envisaged having to go into lockdown to fight an invisible but pernicious enemy or realised how hard it could be on our own physical or mental health or that of our friends and family. Most of now have a greater appreciation of the phrase ‘’stir crazy’’ than we did before March 2020.   Now that we are out of lockdown and restrictions are being eased many of us are taking the opportunity to re-evaluate our lives and look afresh at what is really important to us and to our family. For some, problems in relationships that existed prior to the global pandemic, have become more apparent during the confinement of lockdown and hence the rise in divorce enquiries seen by Whitefield divorce solicitors.   Many husbands and wives are citing mental health issues (either on their part or their husband, wife or civil partner) when explaining the decision to separate. Divorce solicitors would be the first to say that they aren’t doctors and that divorce should not be seen as either the first or the easy option. That is why Whitefield divorce solicitors recommend looking at whether mental health issues can be addressed before you take the decision to separate. For example, if a spouse is able to recognise that their mental health is affecting the marriage or their spouse’s health and take the decision to get treatment, comply with a medication regime or engage in either couple or individual counselling.   In some cases, the lockdown has just confirmed what people already knew; that their relationship was in trouble and that counselling would not help save the marriage. Counselling, on either an individual or joint basis, can still play a very helpful role in some families by assisting you to come to terms with the separation and move on with your lives.   Manchester divorce solicitors are asked many questions about mental health and divorce and here are some answers to the frequently asked questions. We have used husband and wife in the questions but these are interchangeable as mental health affects everyone. Can I get divorced if my husband is mentally unwell? You can get divorced if your husband or wife is mentally unwell. Many people who experience mental health problems are able to engage in court proceedings, hold down a job, parent their children and manage their personal and financial affairs on a day-to-day basis.   However, if the mental health problems are such that your husband or wife is seriously ill (either temporarily or on a permanent basis) and does not have the capacity to take part in divorce proceedings then a person (called a litigation friend) can be appointed to act in their best interests. This makes the divorce proceedings a bit more complicated but you can still start and finalise divorce proceedings even if your husband or wife’s mental health is such that they are not well enough to take part in the court case. The decision on whether a spouse is able to take part in divorce court proceedings is made by the medical profession and court after an assessment of capacity. Can I stop contact because of the dad’s mental health? If either parent has mental health problems this isn’t a bar to contact or child custody. If one parent is worried about the behaviour of the other parent and thinks that the behaviour stems from their mental health issues, the best solution is to try to get medical and professional help. If that doesn’t work, or your husband or wife refuses to accept that they have a problem or won’t acknowledge the impact of their behaviour on the children, then you can apply to the court for a child arrangements order.   A child arrangements order sets out which parent a child should live with and how much contact should take place with the other parent. When deciding on whether to make a child arrangements order and the exact child custody and contact arrangements a family judge will decide what he or she believes is in the best interests of the child after assessing a range of factors, referred to as the ‘’welfare checklist’’.   One of the factors in the welfare checklist is ‘’how capable each parent is of meeting the child’s needs’’. A child’s needs don’t just mean food on the table and being sent to school but how a parent can meet a child’s emotional needs. A parent doesn’t need to be ‘’perfect’’ to parent a child or to have contact with them but they do need to be able to protect them, both physically and emotionally.   Decisions on custody and contact are also influenced by the age of a child and their wishes. For example, a teenage child may be used to caring for a parent who is unwell and if contact were to stop the child would be anxious and more distressed than not seeing their mother or father, even if the parent is unwell. It should also be remembered that health can change and the needs of a child can alter as they grow up. How do I reach a financial settlement when my wife won’t cooperate because of her mental health? It is always best to try and reach an agreement on a financial settlement if you can do so. That is because it saves time and money. There are many reasons why a husband and wife can’t reach an amicable financial settlement, including the mental health concerns of either a husband or wife. Reaching a financial settlement is still possible by starting financial proceedings and asking the court to make a financial court order.   If a spouse doesn’t have the mental capacity to take part in the financial proceedings their interests will be protected by the court appointing someone to act in their best interests. For example, if a spouse is seriously unwell, they may say that they want nothing from the marriage even though they are entitled to at least fifty percent of the family assets and will need the money to rehouse and support themselves. The person appointed to act for them must do what is in their best interests, rather than agreeing to the other partner keeping everything. [related_posts] Will my husband’s mental health affect the financial settlement? A husband or wife’s mental health may affect the financial settlement depending on the severity of their mental health condition, the treatment options and prognosis, and a range of other factors. A specialist divorce solicitor can advise on the likely impact, if any, of a mental health condition on a financial settlement. For example, mental health may have an impact on employment prospects and spousal maintenance or employment and retirement plans and pension options or housing needs and mortgage capacity. Every family situation is different so it is best to get expert legal advice. Divorce and mental health Many people struggle with their mental health at some point in their lives. Their problems are often temporary but that isn’t always the case or a separation or divorce can exacerbate mental health problems. If you are in that position, or your husband or wife or civil partner is, then the best thing that you can do is ensure that the family has the practical, counselling, medical and legal support the family needs to get you all through a tough emotional time. Our Manchester Divorce Solicitors At Evolve Family Law, based in Whitefield, North Manchester and Holmes Chapel, Cheshire, our expert divorce solicitors provide friendly, approachable advice on all aspects of family law. If you need legal help with a separation or divorce or child contact and custody or assistance with a financial settlement then call us for an appointment with our specialist Whitefield divorce solicitors or complete our online enquiry form.

The question ‘’who pays for a divorce?’’ is sometimes one of the most contentious issues in the decision to separate. Whitefield divorce solicitors say that the issue of who pays for the divorce can be more difficult to negotiate than your financial settlement or even child custody arrangements. That is because, although politicians are legislating for ‘no fault divorce ‘ when you split up from a husband, wife or civil partner you often want to blame someone for the split and make them pay. In this blog we look at the question of who pays for the divorce. Divorce Costs The general rule on who pays the divorce costs is that a husband, wife or civil partner will each pay their own divorce legal costs unless the court makes an order requiring one party to make a contribution towards or to pay all of their spouse’s divorce costs.   If the government introduces no fault divorce then it is less likely that the court will make orders requiring one spouse to pay towards the other spouse’s divorce costs. At present (June 2020), a spouse is normally only ordered to pay towards the divorce costs, or to pay the full divorce proceedings costs, if divorce proceedings are started because of: Adultery Unreasonable behaviour.   How much does a divorce cost?   The person applying for a divorce (called the petitioner) will have their own legal fees plus the court fee to pay. The court fee is set by the government and is currently £550.   The person responding to the divorce will have their own legal fees to pay. However, the legal fees are likely to be less than those of a petitioner (as normally there is less legal work to do) and there are no court fees payable by a respondent.   The cost of a divorce can normally be quoted as a fixed fee provided that, for example: The divorce isn’t contested by the person responding to the divorce petition The whereabouts of the respondent to the divorce petition are known There are no jurisdiction disputes on whether the petitioner has the right to start divorce proceedings in England or if the divorce proceedings should be started overseas The respondent co-operates with the divorce and completes the necessary paperwork.  Why does the petitioner pay more for divorce proceedings?   A solicitor will charge the person who starts the divorce proceedings more than the spouse who responds to the divorce proceedings because there is a lot more work involved in helping a petitioner. Whitefield divorce solicitors are asked if you should let your husband or wife start the divorce proceedings so they pay the higher divorce bill but at Evolve Family Law we normally advise against that because: If your spouse starts the divorce proceedings they can decide what gets put in the divorce petition If your husband or wife begins the divorce they may decide that they don’t want a quick divorce and what should take a matter of a few months could take a lot longer leaving you in emotional and financial limbo It may not be in your financial interests to wait for your spouse to start divorce proceedings, for example, if there are concerns about divorce proceedings jurisdiction, threats that your spouse may be made bankrupt, worries that your husband or spouse will hide assets or the concern that until you get your decree absolute of divorce the pension administrators won't be able to implement your pension sharing order If you reach a financial settlement with your husband or wife the divorce court doesn’t have the power to convert it into a financial court order until your decree nisi of divorce has been pronounced and the court can't enforce the financial court order for you until you have your decree absolute of divorce.   It is always best to speak to a divorce solicitor about the advisability of agreeing to your husband or wife starting the divorce proceedings as there may be reasons that you haven’t thought of as to why letting them do so really isn’t in your best financial interests.   Can divorce costs be agreed? Divorce costs can be agreed between a husband and wife or civil partners. For example: The respondent can agree to pay all the divorce petition court fee or half of the court fee or The respondent to the divorce can agree to contribute to the petitioner’s divorce costs so that the husband and wife both pay the same amount in divorce legal fees. A respondent should only do this if the petitioner has agreed a fixed fee divorce with their solicitor. That way the respondent knows the potential cost liability rather than the divorce costs being left open ended. [related_posts] What are the legal costs of a separation? In addition to the legal costs of a divorce you may also incur legal fees in connection with: Advice on child custody and contact and, if you can't reach an agreement, representation in court proceedings for a child arrangements order Advice on your financial settlement options and supporting you through family mediation or negotiating a financial settlement for you or representing you in court proceedings for a financial court order.   There is a lot that you can do to minimise your legal fees but it is best to get some divorce legal advice to make sure that any financial settlement or childcare arrangements meet your needs and those of your children. Our Whitefield Divorce Solicitors Whitefield, Manchester and Holmes Chapel based Evolve Family Law solicitors cover all aspects of divorce and family law. Call us or complete our online enquiry form to set up a face to face meeting, video conference or telephone appointment.

​Whilst the world is still in the grips of a global pandemic and with the financial aftermath of coronavirus only now starting to be fully appreciated it is a challenging time to reach a financial settlement. In this blog we look at valuing assets in divorce proceedings and the impact of coronavirus on reaching a financial settlement. Assets in divorce proceedings Prior to looking at the topic of valuing assets, most divorce solicitors are first of all keen to ensure that all the assets that a husband or wife own in their sole name or jointly with their spouse or a third party are listed and disclosed. Supporting paperwork must be provided.   If a husband or wife starts financial settlement court proceedings the court will order them both to complete a document referred to as a ‘’Form E’’. If you are trying to negotiate a financial settlement, without starting financial court proceedings, it can still be useful to complete a Form E. Alternatively your divorce solicitor may prepare an asset schedule and provide that to your husband or wife's solicitor together with all the relevant documents relating to  the assets in the schedule.   Divorce solicitors say that however you provide information about your assets it is essential that you provide full and frank financial disclosure. If you don’t then the likelihood is that any financial settlement negotiations will break down. If your husband or wife finds out about an undisclosed asset after a financial court order has been made your ex-spouse could apply to set aside the court order. They could ask the court to order that you pay their costs and ask that your non-disclosure is reflected in the size of any new financial court award.   Valuing assets in divorce proceedings In such turbulent financial times you may question how you can value assets given the uncertainty about the housing market and recent falls in the stock market with experts questioning whether listed stock has further to fall. Equally, if you own a family business, for example, a hairdressers or restaurant, you may question what value your business has at this moment in time.   Divorce solicitors say that when it comes to valuing assets if a couple can't agree on what an asset is worth then they should ideally joint instruct an expert in the relevant field to carry out a valuation, such as: A surveyor for property such as the family home or a buy to let portfolio or commercial property owned as part of a family business or held within a pension structure An accountant to value non-listed shares or the value of a family business A pension actuary to value a pension.   All valuers, whether they are a surveyor or an actuary, will tell you that valuing an asset is more of an art than a science and that valuations can fluctuate.   In the current pandemic with worries about job security and the impact of that on your mortgage capacity it can make negotiating a financial settlement a worrying time. [related_posts] Whilst there are clearly many uncertainties and challenges ahead of us a specialist divorce solicitor will be able to guide you on: The timing of obtaining valuations of assets and if historical valuations should be updated The importance of taking financial advice and checking things such as mortgage capacity, size of deposit needed for a house purchase or any revised pension projections for a private pension scheme Whether it is best to share risk by dividing each type of asset rather than, for example, one of you keeping all the cash savings and the other getting the equity in the family home or one of you getting the family business and the other keeping the pension and the family home Whether you should agree to a clean break financial court order as that type of court order prevents future financial claims for spousal maintenance by a spouse including if, for example, you can't get a job or you lose your job If you should agree to capitalise any future spousal maintenance payments by giving your spouse a cash sum instead of ongoing monthly spousal maintenance payments.   Next steps Whether you are at the start of your separation or contemplating starting financial proceedings the important thing is to take expert legal advice from a divorce solicitor who has the experience to guide you on how best to achieve a fair and reasonable settlement. That way you can move on with your life, notwithstanding the changes brought about by Covid-19. Online Divorce and Financial Settlement Solicitors Cheshire and Manchester based Evolve Family Law solicitors offer face to face and online appointments to negotiate financial settlements and provide representation in divorce and financial proceedings. If you need advice on any aspect of family law call us or complete our online enquiry form to set up a meeting, video conference or telephone appointment.

Coronavirus is making us look at every aspect of our lives, from how we socialise and exercise to how and where we work. With constant talk of hospital admission figures and mortality rates many of you are worried about raising your fears about coronavirus and financial concerns. However, whether you pay or receive either child maintenance or spousal maintenance , payments of maintenance may need to be reviewed and resolved. In this blog we look at child support, spousal maintenance and the impact of coronavirus. Online family law and maintenance solicitors Cheshire and Manchester based Evolve Family Law solicitors are working online to advise existing and new family law clients on all coronavirus related family law questions from child contact, help with leaving an abusive relationship during lockdown or the financial issues arising from Covid 19. If you need legal assistance call us or complete our online enquiry form to set up a video conference or telephone appointment. Coronavirus and spousal maintenance and child support payments When you agree to pay or to receive an amount in spousal maintenance or child support it is often assumed that the amount you are expected to pay, or that you will receive, won't change all that much . However, whether it is spousal maintenance or child support, the amount you pay or receive in financial support can be reviewed either upwards or downwards. Many of you are very worried about coronavirus and your jobs or fear that your income from self-employment will reduce drastically (if not disappear altogether) over the next few months. Whilst the government has assured us all that financial help is at hand, for both the employed and the self-employed, there are reports that people are confused about the eligibility rules for government help and are worried about how they can pay spousal maintenance or child support now.   If you are the person who is receiving the maintenance payment it is equally worrying as many feel that they are in an impossible position, having taken out mortgages and financial commitments, on the basis of promised or ordered spousal maintenance or child support.   Spousal maintenance orders and Covid-19 Spousal maintenance is either paid on a voluntary basis between husband and wife or civil partner or under a spousal maintenance court order.   If you are paying or receiving spousal maintenance under a court order then the first thing that you should look at is the wording of the financial court order and the spousal maintenance clause. If you are in any doubt about the wording or meaning of the spousal maintenance clause then it is best to take legal advice.   There are a number of ways in which spousal maintenance court orders can require the payment of spousal maintenance, such as: Joint lives spousal maintenance – spousal maintenance is payable until the death or the re-marriage of the person receiving the spousal maintenance payments Time limited spousal maintenance – spousal maintenance is paid for a set period of time and then stops on a date specified in the court order. In some cases, the person receiving the spousal maintenance can apply to extend the length of time that spousal maintenance is paid for but they have to apply to court to extend the length of time that spousal maintenance is paid for prior to the expiry of the order. In other court orders the spousal maintenance is said to be time limited with no option to extend the length of time that it is paid for.   Can spousal maintenance orders be changed? Spousal maintenance orders can be changed by court order or by agreement. If your financial circumstances have changed because of coronavirus and you are paying or receiving spousal maintenance the government is urging you to try to reach an agreement with your ex-partner over spousal maintenance.   Family law solicitors say that whilst it is important, if possible, to reach an agreement over changes in spousal maintenance payments any agreement should be temporary or a holding agreement until the Covid 19 position is clearer.   Every family situation is different so you may need specialist legal advice on what to do about spousal maintenance payments. Some payments may need to stop and others may need to reduce or increase. Here are two case examples: A dentist is no longer able to work but because he has an employer who is continuing to pay him then the spousal maintenance can continue at the same rate for the time being. The spousal maintenance might need to reduce or stop if the employer is forced to stop the dentist’s salary or the salary is reduced to the cap set by the government coronavirus income scheme A National Health Service consultant is not affected financially by Covid 19 but his ex-wife has lost her job in the travel industry. Depending on her circumstances her spousal maintenance may need to increase on a temporary basis until she can get another job. If her spousal maintenance is a time limited order she may need to ask the court to extend the period of the spousal maintenance court order.   Tips on how to change spousal maintenance payments by agreement In these highly unusual times the focus is on working together. That is the message that the government is giving when it comes to sorting out the changes to child care , spousal maintenance or child support that are required because of coronavirus. Tips on how to change spousal maintenance payments by agreement include:   Communicate with your ex either directly, through a trusted friend or your family solicitor. If you don’t tell your ex what is going on and be upfront about how Covid-19 has affected you financially then they will expect the spousal maintenance payments to continue Provide paperwork – family law solicitors say there is often an element of mistrust between separated spouses and so if you want your ex-spouse to agree to a reduction in spousal maintenance you will need to provide the supporting paperwork to show that you have lost your job or that your hours have been reduced or a bonus scheme scrapped Reflect on any discussions with your ex and don’t be rushed into making long term decisions. After all your ex-spouse may get a new job or the government scheme may mean that their income isn’t as badly affected as first thought. You should not agree to any major changes in the spousal maintenance order or agree to the cessation of payments and cancellation of the spousal maintenance order without first taking legal advice Record your agreement – if you are able to reach a spousal maintenance agreement with your ex-spouse then you need to record the agreement in case one of you changes your mind. If there is no clear recorded agreement then your ex could apply to court to enforce the spousal maintenance order and ask for payment of arrears of spousal maintenance. They may not be successful in that court application if there is a clear agreement drawn up by you (or your solicitors) that spousal maintenance is being changed temporarily and the reasons why and when spousal maintenance will be reviewed again, for example, if the payer gets a new job or a government income subsidy Understand the court options- it is important to know that if your ex-spouse won't agree to a reduction or temporary stopping of spousal maintenance what your legal options are. You could apply to court to vary the spousal maintenance order to reduce or stop the payments. Your ex-spouse could apply to court for payment of arrears of spousal maintenance and to enforce the spousal maintenance order. The court decision would be based on all the circumstances of your case and the ability of the paying person to pay spousal maintenance. If you are upfront with the paperwork relating to the change in income this may make a court application to formally vary the spousal maintenance order unnecessary. [related_posts] Can child maintenance be changed? Covid-19 and the financial fallout and economic downturn will affect child support payments as well as spousal maintenance orders. In most families child support is either paid as a voluntary arrangement between you and your ex-partner or under a child maintenance service assessment. It is rare for there to be a child support court order as the court only has limited jurisdiction to make child support orders.   Again family law solicitors are recommending that parents talk to one another about child maintenance and to see whether the child support needs to be changed because of a change in the payer’s financial circumstances. If the payments are made under a child maintenance service assessment then you may need to ask the agency to carry out a new assessment. Online family law and maintenance solicitors Cheshire and Manchester based Evolve Family Law solicitors are here to answer all your family law questions whether it is a coronavirus related family law question, child contact, help with leaving an abusive relationship or financial issues arising from coronavirus. If you legal help call us or complete our online enquiry form to set up a video conference or telephone appointment.

If you are in an abusive relationship then you may think that during the coronavirus outbreak there is no help available and that you’re ‘’on your own’’. Although all this talk of self-isolation and social distancing may make you feel like that, the message from family law solicitors is that ‘’you are not alone’’. There is help available during the coronavirus outbreak if you are in an abusive relationship. In this blog we look at your legal options if you are caught up in an abusive relationship and need help to get out of it during the coronavirus outbreak. Online domestic violence and family law solicitors Although law offices may be closed because of Covid-19, Cheshire and Manchester based Evolve Family Law solicitors are working online to support those at risk of domestic violence needing help to leave an abusive relationship during the Covid-19 lockdown. If you need legal assistance call us or complete our online enquiry form to set up a video conference or telephone appointment. Coping in abusive relationships during the coronavirus outbreak If your partner is abusive towards you then it is difficult enough to cope when life is ‘’normal’’. For many the fact that partners are now either working from home or not able to work, and so are based at home full time, is particularly hard. There is no escape from home for you to visit friends or family or go off to work.   Tensions can also be increased by your partner’s health or financial anxieties about Covid-19, their lack of ability to go to the pub or to the gym to meet up with their friends and the presence of the children twenty four hours a day at the family home.   The government has said that it wants Covid-19 to bring out ‘’the best in us’’. That is a laudable aim but sadly domestic violence organisations and family law solicitors know that, for some families, domestic abuse may increase because of having to spend so much time with a partner. Alternatively, partners who haven’t previously been abusive may snap and either lash out or become very coercive and controlling.   When you hear that the police are cracking down on people leaving their homes it may make you reluctant to leave or seek help from domestic violence organisations or family law solicitors but, coronavirus or not, if you are in an abusive relationship you should seek help.   Those people who are contacting us about abusive partners are often reluctant to acknowledge the extent of the abuse and prefer to minimise some of the partner’s behaviour, especially if it falls short of physical violence and involves coercive control such as: Dictating what you can eat Saying when you can watch the TV and what programmes you can watch Checking your mobile phone or internet usage Restricting when or if you can go out for your daily exercise or for essentials like food shopping Forcing you to have sex Not allowing you any freedom within your house by insisting on being in the same room as you Listening into your phone calls to friends and family.   As the restrictions on the movement of people continues in force because of the Covid-19 pandemic  the sort of coercive controlling behaviour that you could cope with when one or both of you were out working can become intolerable. However, there is help available.   Help if you are in an abusive relationship The police, domestic violence organisations, the family courts and online family law solicitors are continuing to offer help to those trapped in an abusive relationship.   If you or your children are at risk of immediate harm then you should call the police. The police understand that the risks of domestic violence are increased during the current crisis. They may be able to arrest your partner. If the situation is so serious that you can't wait for the police to arrive you can leave with your children as the authorities will accept that leaving an abusive relationship is an emergency and that is an exception to the requirement to stay indoors.   In addition to the police there are various domestic violence organisations who are open and available to help and offer support: The National Domestic Violence Helpline – 0808 2000 247 The Men’s Advice Line – 0808 801 0327 The Mix, information and support for under 25s in the UK – 0808 808 4994 The National LGBT+ Domestic Abuse Helpline – 0800 999 5428 The Samaritans – 116 123   In addition to police and domestic violence organisation help the family court and domestic violence solicitors are open to help you if you need court protection in the form of an injunction order. [related_posts] Injunctions against domestic violence during the Covid-19 outbreak You may have read that most courts and public offices are closed. Whilst that is correct the family courts are open for remote emergency hearings including applications for: Non-molestation injunction orders Occupation orders Emergency child arrangements orders and other types of children orders to safeguard and protect children.   Therefore, if you are in an abusive relationship, there is help available from the family court. Don’t worry that you may not be able to get to see a family law solicitor. Even prior to the coronavirus outbreak many family law and domestic violence solicitors were used to taking instructions by phone appointment or video conference and used to conducting court hearings remotely.   That isn’t to say that things are a bit of a challenge but if you need help then both the court and family law solicitors are just a phone call away.   If you need protection then a family law injunction order may be your best option. There are two types of family law injunction order: A non-molestation order – to stop your partner from being physically violent or aggressive or verbally abusive or exerting coercive control over you An occupation order – to stop your partner from returning to the family home (if he/she has left but is threatening to return to the family home) or to make your partner leave the family home or to restrict him/her to certain parts of the family home.   The court and family law solicitors also recognise that you might need help if you are living with extended family and are being subjected to domestic violence or coercive control or that you may need help with your children and need the security of a children order, such as A child arrangements order A specific issue order A prohibited steps order.   It is often the case that people suffer in silence when they live with an abusive partner or they think that what they are coping with isn’t ‘’bad enough’’ to get help. Since the Covid 19 rules on restriction of movement have come in many have thought that they are trapped in an abusive relationship for the duration of lockdown. Domestic violence organisations, the police, courts and family law solicitors are saying that domestic violence and abusive behaviour isn’t right in any circumstances and that if you need help then call. Online family law solicitors The specialist family lawyers at Evolve Family Law can help you if you are in an abusive relationship and you need legal help. Call us or complete our online enquiry form for a video conference or telephone appointment.

​When most of us see headlines about compensation we think that the newsworthy case must be a civil claim for compensation arising out of a road traffic accident or medical negligence. However, in the news last week was a case on ‘divorce compensation’. In this blog we look at what is meant by divorce compensation.Cheshire Divorce solicitors If you are in the process of a separation or divorce and want advice on a financial settlement then the family law team at Evolve Family Law can help you. Specialising in complex financial settlement claims and children proceedings, the friendly and approachable divorce solicitors, based at Holmes Chapel Cheshire and Whitefield North Manchester, can help you. Call us on 0345 222 8 222 or contact us online.​Divorce compensation Divorce compensation is in all the newspapers because of a case involving two solicitors.  The couple had been married for about ten years and have two children together. The family wealth amounts to about ten million. The family judge ordered that the husband and wife should each get fifty percent, around five million each.   You may think that £5 million each is a just and fair award as after all the couple had been married for nearly a decade. However, the judge went onto order that the wife should get an extra £400,000 for what was termed by the judge as ‘relationship generated disadvantage’ or divorce compensation.   The judge made the additional £400,000 award because the wife and mother, a Cambridge law graduate, had sacrificed her career as a solicitor to look after the couple’s two children.   The court decision will be of interest to many as it is common for one partner in a relationship to step back from their career to become a house husband or wife or to try to juggle child care and home making with a part time career, thus losing out on job promotions and work bonuses. Often the philosophy is that either a husband or wife has to step back from their career as if they equally share the childcare commitment both careers will suffer.    In some family situations, where one spouse has a lower earnings capacity than the other, the choice may be painfully obvious as to who should take on the role of the main breadwinner. However, in the reported case both husband and wife started out their married life as qualified solicitors and both (rather than one) could have had stellar careers had it not been for the decision to forgo a career to look after the couple’s children.   Can I get divorce compensation? When a case hits the headlines many people, lawyers included, think that divorce  compensation will be the ‘new thing’ and that everyone will be claiming for relationship generated disadvantage. However, the judge in the recent court case, made it clear in his ruling that his decision in the case of the two unnamed lawyers should not open the floodgates to a plethora of relationship generated disadvantage divorce compensation claims. The judge said that relationship generated disadvantage claims should be limited to where there are truly exceptional circumstances.   How do I claim for relationship generated disadvantage? Compensation for relationship-generated disadvantage can be included as part of your financial claim in divorce financial proceedings. You cannot claim for relationship generated disadvantage if you are in a cohabiting relationship.   The relationship generated disadvantage claim is made as part of your financial settlement claims and assessed at the same time as the judge decides on: What the family assets are What your needs and your spouse’s needs are (and if you have children what your children’s needs are) How your family assets should be divided between you Whether you should get the family home or if it should be transferred to your spouse as part of the financial settlement or sold and the proceeds divided between you Whether you or your spouse should receive a share of the other’s pension as part of the financial settlement Whether a clean break order should be made to prevent further financial claims Whether spousal maintenance should be paid and, if so, for how long and how much should be paid.   There are a host of other things that a judge has to consider such as whether one spouse should pay towards the other’s legal costs or not.   Any claim for divorce compensation or relationship generated disadvantage will be added to the list of issues for the judge to rule on and to explain why he/she has allowed an additional award for relationship generated disadvantage or ruled it out in their court judgment.   In the case of the two solicitors it was clearly evident that the wife had given up a lucrative career to care for children and that she had a case to say, that with her qualifications, she could have enjoyed an equally stellar career as her husband had it not been for the fact that the arrival of children seriously damaged her ability to work in a demanding career as a solicitor.   You may take the view that with a financial settlement of around five million the wife did not need the extra £400,000 for ‘relationship generated disadvantage’ as the five million would more than meet her reasonable needs. However, the court has said in previous cases where divorce compensation arguments have been raised, that relationship generated disadvantage is relevant even if their future needs have been met generously through the financial settlement. That is because one spouse has given up their ability to generate an income surplus to needs and so in an exceptional case they can ask a judge to rule that their husband or wife should pay an element of ‘divorce compensation’.Cheshire Divorce solicitors  If you are separating or getting divorced and are worried about your financial settlement then whether or not you gave up your career you need expert legal advice on your best financial settlement options.   The family law team at Evolve Family Law can help you. Specialising in complex financial settlement claims and children law proceedings the friendly and approachable divorce solicitors, based at Holmes Chapel Cheshire and Whitefield North Manchester, can help you reach a financial settlement that works for you and your family. Call us on 0345 222 8 222 or contact us online . ​Latest From Our Divorce Blog: