Divorce

Can I Change the Locks if I am Separated?

Can I Change the Locks if I am Separated?

As family law solicitors we are often asked whether it is OK to change the locks to the family home. Sometimes we are asked this question before a husband, wife, civil partner or unmarried partner has decided to separate. On other occasions, the locks have already been changed and an ex-partner has already been excluded from what was their family home. For expert advice on family law call our team of specialist divorce lawyers or complete our online enquiry form. Separation and changing the locks Locks are a hot topic as emotions, trust, and control issues can all be engaged when the subject of locks and access to the family home is mentioned. A lot of people assume that if the locks to the family home are changed that means the excluded spouse, civil partner, or cohabitee loses their legal rights or financial claims over the property. That assumption isn’t correct. A change of locks does not confer ownership of a property on the spouse or partner who now controls access to the property. Your property rights will depend on your legal status – whether you are a spouse or civil partner or whether you were in an unmarried relationship. For spouses and civil partners, property rights stem from family law. For unmarried couples, their family home rights stem from an interpretation of property and trust law. If you cannot agree with your partner on whether a house should be sold, or transferred to you or your ex-partner, then the court can decide on the appropriate order. In urgent cases involving domestic violence or abuse, the court can make a temporary injunction order to exclude a partner from the property. The court can then decide on long-term property ownership at a later date. Changing the locks if you own the property Some people assume that if they own the family home in their sole name, they can change the locks and exclude a spouse. That is not right. A spouse has a right of occupation in a family home, whether the property is owned in joint names or not. Whether or not the locks have been changed any financial claims to the house continue until there is an agreement or a family court order. Another common assumption is that it is OK to change locks once a spouse has left the family home as once the decision to leave has been made by them then they cannot change their mind and come back. That is not correct either. In some situations, a homeowner may ask their family law solicitor about changing locks as they want to feel in control of a property. In other cases, there are genuine worries either over privacy or personal security. If it is accepted that one spouse should leave the property then it is usual to agree that, whether they retain the key or not, they will only return at an agreed time and for a reason. For example, to collect remaining items. If there are concerns about personal safety and domestic violence the court can make an injunction order setting out who can occupy a family home until a long-term decision is made on whether or not the house should be sold or transferred to one spouse or partner. [related_posts] Changing the locks when you have children Where there are children there is often an argument that a spouse or partner should retain a key so that they can come and go to see the children. Whether that works all depends on how a couple has managed their separation. In some scenarios, both adults and children are comfortable with mum or dad returning to put children to bed with a book or to babysit but, in other families, continued key access can give very mixed messages to both adults and children and cause anxiety. It is important to talk to a family law solicitor about property ownership and locks and to reach an agreement on whether locks are changed or not. You may need to discuss whether you or your ex-partner can get access to the property until the financial settlement is reached. Locks and reaching an agreement over the family home The hot topic of locks should not distract from what is often the equally emotional but trickier issue of sorting out what will happen long-term with the family home. The obtaining of estate agent appraisals and exploration of mortgage options enables a separated couple to make well-informed decisions about what they want to happen to the family home on a long-term basis. Those decisions can be made by the couple with the help of their family law solicitor or during family mediation. If an agreement cannot be reached then whether you are a spouse, civil partner, or former cohabitee, the family court can be asked to sort out who is entitled to enter the property and live in it on a short and long-term basis. What is important to realise is that changing the locks to a family home does not confer property ownership as that is all down to agreement or the court order. For expert advice on family law call our team of specialist divorce lawyers or complete our online enquiry form.
Robin Charrot
Jun 13, 2023   ·   5 minute read
Woman meeting notary for advice

How do I get a Financial Court Order?

Applying for a Financial Court Order when you Have Reached a Divorce Financial Agreement If you have reached an agreement with your ex-husband or your ex-wife about how your assets will be split after your divorce you may question if you need a financial court order. A divorce solicitor will tell you that a court order is necessary and explain what could happen if you don’t obtain an order. For expert advice on divorce and family law call our team of specialist divorce lawyers or complete our online enquiry form. Why you need a financial court order If you have reached a divorce financial settlement by agreement, you still need a financial court order. There are several reasons why you need an order: It gives you financial security – if your ex-partner changes their mind and wants more than you originally agreed upon you can rely on the court order to prevent additional claims for cash. For example, your ex may say the original agreement was unfair because the value of your business has gone up more than the equity in the family home or that they need more because they did not get a share of your pension when they negotiated the financial deal You can enforce a court order – you may think that your ex-spouse won't breach your agreement but, for example, if you agreed that the family home would be sold, they may be reluctant to sell the property if it means they have to downsize. A court order can include the mechanics for the sale and if a spouse is resistant to a sale the court can order that a judge has the authority to sign the transfer documents. You may think it unlikely that you will need to enforce an order but situations change, such as your ex-spouse or you meeting a new partner, and that altering the dynamics Pensions – if your financial agreement includes pension sharing the pension administrator is not allowed to implement your agreement until they have a financial court order, pension sharing annex, and the final order of divorce   Third parties – you may need a financial court order where third parties are involved. For example, if one of you is at potential risk of bankruptcy with the involvement of a trustee in bankruptcy. For example, if a mortgage company will only transfer the mortgage into your ex-spouse’s sole name if the transfer is made under a court order or if there is a spousal maintenance order so your ex-spouse can persuade the mortgage company that they have enough income to be able to take the mortgage over on their own Clean break – some financial agreements include a clean break to stop any future financial claims by you or your ex-spouse. If you have negotiated a clean break, it is important to have the security of a binding financial court order that endorses and confirms the clean break [related_posts] Applying for a financial court order If you have reached a financial agreement through direct discussion, solicitor negotiations, or family mediation there is normally no need to go to a court hearing to get your financial court order. Your divorce solicitor can send the paperwork to the court for approval and, in the vast majority of cases, a judge will agree to make the financial court order with no alterations to the draft order or only minor ‘drafting tweaks’. Broken down into stages, to obtain a financial court order you have to: Check there is an agreement that is capable of being made into a financial court order – if you negotiated your agreement direct then your divorce solicitor can check your agreement for you Check if the court can make a financial court order – the court can only make a financial court order once you have obtained a conditional order of divorce. If you got divorced some time ago and have a decree nisi of divorce the court can still make a financial court order Check if any relevant third parties are OK with the agreement. For example, the mortgage company if a house and mortgage are going to be transferred into one spouse’s name or a pension administrator if a pension sharing order is being requested Draw up the draft financial court order and exchange it with your ex-spouse’s solicitor and make any changes needed Swap statements of financial information summarising your assets and income. These statements are filed in court with your draft financial court order. The court will not approve a financial court order unless these statements are prepared and filed Send the draft financial court order to any relevant third parties. For example, to a pension administrator for their approval of the wording of the pension sharing order Ask the court to approve the financial court order by sending the court the required paperwork and court fee. In the vast majority of cases, the judge will make the financial court order requested if the order has been properly prepared and the statement of financial information explains why the court order has been agreed upon Answer any questions the court may have on the proposed financial court order Once the sealed financial court order is received from the court send it to any relevant third parties. For example, the pension administrator, financial advisor, or property solicitor if the financial court order includes pension sharing, investment transfers, or the transfer of property Finalise the divorce proceedings as without the final order of divorce the financial court order cannot be enforced Diary up. If the financial court order includes spousal maintenance your divorce solicitor should check and diary up review dates for increases in line with retail price index rises or end dates and make sure everything in the court order has been sorted out, such as the implementation of a pension sharing order, the taking out of life insurance or changes to a pension nomination That list may look exhausting but the job of a divorce solicitor is to convert agreements into financial court orders. At Evolve Family Law we recognise that if you have reached a financial agreement, you do not want to hang around whilst divorce solicitors get out their fountain pens to prepare financial court paperwork and then post it back and forth between spouses and solicitors. Evolve uses technology to standardise and speed up the process of drafting family court orders, and as importantly, to make the obtaining of a financial court order more cost-effective and value for money for you. It is the combination of experience and technology that means Evolve Family Law can offer transparent pricing and fixed fees for financial court orders. We are proud to say that we are one of the first law firms in the country to publish our fees online in a handy user-friendly guide without hidden extras as the quoted fees include VAT. Some financial court orders are more complicated than others, especially where there are businesses or trusts involved, and in other situations, you may not be able to reach a financial agreement and so need advice on the financial court process. Whatever the situation you find yourself in, Evolve Family Law can help with friendly approachable expert assistance combined with transparent costs. The first step is to contact us to discuss how our divorce solicitors can help you. For expert advice on divorce and family law call our team of specialist divorce lawyers or complete our online enquiry form.
Robin Charrot
Jun 08, 2023   ·   7 minute read
selective focus of couple sitting at table with divorce documents

International Divorce: Where Should I Get Divorced?

Once you have decided to divorce your husband or wife the next question you may need to consider is whether to get divorced in the UK or abroad. If you or your spouse has links to more than one country it may enable you to exercise a choice about the country where divorce proceedings are started. That decision could have a major impact on the amount you either pay or receive as a divorce financial settlement. That’s why it is vital to get specialist help from a divorce law solicitor before your spouse takes the decision away from you and starts their own divorce proceedings in their country of choice. For expert advice on divorce and family law call our team of specialist divorce lawyers or complete our online enquiry form. Divorce proceedings and the choice of country You may be able to get divorced in England even though you got married overseas or even if neither of you is a British citizen or neither of you has indefinite leave to remain. The law says that to get divorced in either England or Wales either you or your husband, wife, or civil partner need to meet one of these criteria at the time you start divorce proceedings (or dissolution of civil partnership proceedings): You are both last habitually resident in England or Wales and one of you still lives here or Your spouse or civil partner is habitually resident in England or Wales or You are habitually resident and you have lived in England or Wales for at least one year immediately before applying for the divorce or You are habitually resident and have lived in England or Wales for at least six months before starting the divorce proceedings or You and your husband, wife, or civil partner are both domiciled in England or Wales   Equally, even though you are a British citizen and you currently live in the UK, you may be able to start divorce proceedings elsewhere if your spouse has international links to another country. [related_posts] Changing the country of divorce In some situations (for example, where the competing jurisdictions are EU countries) if you or your spouse start divorce proceedings in one country and the other spouse contests that court’s jurisdiction then the court may decide that another country has a closer connection to hear the divorce proceedings. That means that although speed can be important it is equally vital to talk to an international family lawyer before you start divorce proceedings in a country where there is a strong risk that the court will rule that there is a closer connection in another country. Getting your choice of country right International divorce solicitors recommend that advice is taken rather than assuming that you do not have a choice of country in which to get divorced, assuming that the choice of the country does not matter, or believing that England will always be the best country in which to get divorced. Sometimes people are surprised by the divorce jurisdiction options available to them and how much difference the country in which you get divorced affects the size of the divorce financial settlement. Is it worth a divorce race to start divorce proceedings in a divorce country of choice? The decision to start divorce proceedings shouldn’t be rushed but for some spouses delay in starting divorce proceedings can result in their spouse seizing the financial advantage by starting divorce proceedings in their choice of country. The questions to ask are: Am I sure I want to get divorced? If you are not certain then taking the decision to quickly start divorce proceedings in your preferred country may mean it is harder to reconcile What are the choice of countries? The choice of countries, such as whether they are all in the EU, may affect the decision on whether the speed is important Is it likely that my spouse will be honest about his or her finances and want to reach a fair financial settlement? If your spouse probably wants to reach a reasonable financial agreement then starting early divorce proceedings in your choice of country might alienate them and make it harder to reach a financial agreement. However, if your spouse isn’t likely to be honest about the family finances then issuing speedy divorce proceedings in your choice of divorce court, where the court has strong powers to order financial disclosure and enforce financial orders, maybe in your interests Do I know the financial implications to me of my spouse starting the divorce proceedings in the country of their choice? If you don’t know the answer to this question it is really important to get speedy help from a divorce solicitor on the potential choices of country in which the divorce proceedings could be started as well as the types and range of financial orders that could be made in each country where the divorce proceedings could potentially be issued Is it financially worth starting divorce proceedings in my choice of country? Sometimes racing to start divorce proceedings in your choice of country isn’t justified in terms of the size of the financial award against any extra legal costs that might arise in arguing over the country where the divorce should be heard. In other situations, it can make a massive difference International divorce and divorce solicitors If there is potentially more than one country in which divorce proceedings could be started it is important that you choose your divorce solicitors with care. Why? Not all divorce solicitors have experience with international divorce proceedings and choice of court jurisdictions or always appreciate the need for speed to avoid your husband or wife starting the divorce proceedings in a country that isn’t favourable to you. Choosing a specialist divorce solicitor for your international divorce A good starting point is to find a divorce solicitor who is a member of the International Academy of Family Lawyers (IAFL), a worldwide association of family and divorce solicitors who are recognised as experts in their field in their countries of practice. At Evolve Family Law, solicitor Robin Charrot is a member of IAFL. A divorce solicitor won’t be able to tell you the exact divorce laws and the difference in approach to financial claims on divorce in Australia, South Africa, or the Middle East but they will be able to readily obtain expert opinions and advice from fellow members of the International Academy of Family Lawyers because they know the right questions to ask and are used to obtaining speedy expert divorce advice in international divorces. For expert advice on divorce and family law call our team of specialist divorce lawyers or complete our online enquiry form.
Robin Charrot
Jun 01, 2023   ·   6 minute read
Save money for home cost

Who Gets the House in a Divorce?

As divorce lawyers we are asked, often at the first meeting with a separating husband or wife, whether a husband or wife will get the house in the divorce financial settlement. It is a perfectly reasonable question to ask your family law solicitor when embarking on no-fault divorce proceedings. For expert advice on divorce and family law call our team of specialist divorce lawyers or complete our online enquiry form. Divorce financial settlements and the family home It can be frustrating for both the family lawyer and a separating husband or wife if a divorce solicitor can’t answer the question ‘’who gets the house?’’ at a first meeting. Sadly, solicitors have a bit of a bad reputation for not answering a question with a straightforward reply but that’s not because they don’t want to answer but often down to needing more information before being able to give an informed legal opinion. What information is needed to decide who gets the house in a divorce? A lot of the information needed to help guide you on who is likely to get the house in a divorce financial settlement is pretty basic but not everyone knows all the answers at a first meeting with their divorce solicitor. The necessary information is: How much is the house worth – this can be your estimate rather than a valuation Is there a mortgage? If so, how much is outstanding on the mortgage and how much does the mortgage cost each month? Are the payments due to go up? Is there an endowment policy linked to the mortgage? If so, how much are the monthly payments and what is the surrender value of the policy? Are there any other loans or debts secured against the house? Did any family members lend or give you money to help buy the house or to fund home improvements? Was the house owned by you or your spouse before you started living together or before you got married? Do you have a prenuptial agreement or postnup (after marriage) agreement in place that says how your property will be split if you get divorced? What other property, savings, pensions, and investments do you and your husband or wife or civil partner own, and what do you both earn? Do you have children? This is relevant as having children affects the size of your housing requirements and you may also feel constrained in your choice of relocation by school catchment areas or shared parenting arrangements How much do you both need to spend to buy new houses? The answer may depend on whether you or your husband or wife will be looking after the children full-time or if one of you plans to move out of the area [related_posts] Don’t worry if you don’t have the information to help decide who should get the house in the divorce The main thing to remember is that you are not alone. Lots of people are in the same position and don’t know the value of investments or what sort of mortgage they have or the amount outstanding on loans. This can be the case whether or not you own property and investments with your spouse or if the family home and all the investments are held in your spouse’s name. If you can’t get the information then your divorce solicitor can help. If you are worried that your husband or wife hasn’t given you all the information and paperwork or if you are concerned that they have hidden investments or not told you about extra bank accounts then your family law solicitor can carry out investigations to make sure there is full financial disclosure. Talk to a divorce solicitor about who gets the house in a divorce If you are thinking about splitting up it is never too early to talk to a family law solicitor to explore your options. Seeing a divorce solicitor isn’t just about sorting out who gets the house.  You will also need to talk about other financial matters, such as spousal maintenance, get advice on childcare arrangements or, if you are planning on getting divorced, get help with the no-fault divorce proceedings. Getting specialist legal help at an early stage in your separation can pay dividends as it can reduce conflict by helping you both understand your legal options and save money by reducing potential areas of conflict. Seeing a family law solicitor for an initial consultation and review may not be as expensive as you might fear and in the long term could save you a lot of stress and fear of the unknown legal territory. At Evolve Family Law we believe in providing trusted advice for a transparent fee. Knowing how worrying it can be to meet a divorce solicitor for the first time we offer a fixed fee comprehensive initial review of your situation. At that meeting, we can explore your circumstances and what information is needed to help you come to informed decisions on what will work for you. Sometimes people automatically think they want to keep the house but, after they have had time to reflect, they realise they either want a fresh start or want to release cash. What is right for you and your family is different from what is right for the next couple. That is why bespoke early advice is needed so you don’t get railroaded into quick decisions about your long-term family future. Who does get the house when you divorce? Often the answer to who gets the family home lies in what other assets there are and choices and priorities. If you want the house, it may mean that you don’t get a share of your spouse’s pension. That is why it is so important to know how much everything is worth before deciding who gets the house. Often, a husband or wife will say that their spouse has said they can have the house. That sounds great, maybe even generous, but when you explore the fact that your spouse’s pension is worth 5 times the equity in the family home, or that you won’t be able to afford to stay in the house because of the mortgage payments or household bills, then getting the house doesn’t seem such a great deal. As frustrating as it may sound sometimes it pays to reflect and take your time to decide on who gets the house. That way, if you do end up with the family home, you can be sure that it is a fair divorce financial settlement. For expert advice on divorce and family law call our team of specialist divorce lawyers or complete our online enquiry form.
Robin Charrot
May 19, 2023   ·   6 minute read
Worried young woman sitting on sofa at home and ignoring her partner who is sitting next to her

How Much Does a Divorce Cost?

You would be right to think that the simple question ‘how much does a divorce cost?’ deserves a straightforward reply. However, very few law firms publish price information on their websites. Evolve Family Law was one of the first law firms to publish fixed family law and divorce fees so clients get an idea of costs before calling or emailing us. For expert advice on divorce and family law call our team of specialist divorce lawyers or complete our online enquiry form. The cost of no-fault divorce proceedings If you are applying for a no-fault divorce as a single applicant the cost of the divorce proceedings can be found here. At Evolve Family Law we believe in keeping things simple so our fixed fee no-fault divorce quote includes: Our legal fees VAT on our fees The court fee payable to the family court when the divorce proceedings are issued at the court What our fixed fee divorce package does not include is: Relationship breakdown comprehensive legal review Children arrangements advice and applying to the court for a child arrangement order Divorce financial settlement advice and applying to the court for a divorce financial settlement or asking the court to convert a financial agreement into a financial consent order We offer a fixed-fee relationship breakdown review and a range of fixed fees for converting a financial agreement into a court order. For work where we can't offer a fixed fee because we don’t know how much work is involved, we publish the hourly charge out rates of our family law solicitors. We also discuss the potential issues or complexities of any contested children law application (such as an application for a relocation order or for a prohibited steps order) or the complicated features of a financial dispute (such as the existence of a family business or an argument over pre-marriage contributions or the relevance of an international prenuptial agreement) so we can give you a bespoke quote and an idea of timescales. Are all divorce proceedings fixed fee? On rare occasions we can't offer a fixed fee divorce package but, on those occasions, we can provide you with a quote so you understand our fees and the reasons why you need a bespoke quote. Examples of when you may need a bespoke divorce quote include: You do not know where your husband or wife is living so service of the divorce paperwork is not straightforward Your husband or wife is living outside the UK There is a dispute about which country you should get divorced in as there is potentially a choice of divorce jurisdictions You want to ask the court to make a divorce costs order – this type of application is rare in no-fault divorce proceedings [related_posts] Transparency and fees When Evolve Family Law was set up in 2015 by founders Robin Charrot and Louise Halford, they didn’t want to create just another law firm. They knew they wanted Evolve to be different with a vision to put clients (and not the fees) at the heart of what their family law solicitors do by being trusted legal advisors, and charging a fair and transparent level of fees. What that means is that whatever the nature of your family law query you get bespoke advice tailored to your personal situation at a cost that you can understand. What do we mean by that? To give examples: Robin Charrot met someone who was thinking about starting divorce proceedings. After talking through their circumstances, we realised that he didn’t actually want a divorce and there was no legal or financial reason to push ahead with one. Better for the client to wait until he was ready, whether that is in a few weeks, or a couple of years.  The answer might have been different if the client had been a business owner with an expanding company or other assets that could increase substantially in value meaning that delay was financially prejudicial to him A lady was clear she wanted a divorce. She knew from the outset that her divorce costs would be a set fixed fee. That meant she could budget for the costs, without worrying about how much her divorce legal costs might add up to Every divorce is different but our fixed fees and pricing guide are available online to give you an idea of the costs involved so that you can contact us with confidence. For expert advice on divorce and family law call our team of specialist divorce lawyers or complete our online enquiry form.
Robin Charrot
May 18, 2023   ·   4 minute read
Do I Need a Divorce Solicitor?

Do I Need a Divorce Solicitor?

As divorce solicitors, we are bound to say that yes you need a divorce solicitor if you are separating or planning on starting divorce proceedings. That’s because using a good divorce solicitor makes the legal process of separation and divorce less stressful than going it alone and the lawyer will ensure you understand your children law rights and help you achieve a fair divorce financial settlement. For expert advice on divorce and family law call our team of specialist divorce lawyers or complete our online enquiry form. Choosing your divorce solicitor Choosing the right divorce solicitor for you is the key to a successful working relationship between you and your lawyer. It is a difficult question to ask but what do you want from your divorce solicitors? Expert legal advice is a given but what else? There should be an element of trust as you are putting negotiating the parenting arrangements for your children and your financial future in your lawyer’s hands. When your divorce solicitor tells you that the divorce financial settlement you have discussed in family mediation is a fair one that should be agreed upon and converted into a binding financial court order in the divorce proceedings you need to be able to trust your lawyer’s judgment and experience and know that they have your best interests at heart. [related_posts] Working with your divorce solicitor If you don’t like your lawyer, or if you don’t trust them to always do the right thing for you, it is hard to place confidence in the legal advice they give you. Unlike any other area of law, the relationship between a family lawyer and their client is fundamental to the outcome of a case.   It is an unfortunate reality that many people have a deep set distrust of the legal profession based on the stereotypical fat cat solicitor who is only interested in maximising legal fees, who makes money out of other people’s misery, costs a fortune and who has an ego the size of a house. That couldn’t be further from the ethos at Evolve Family Law. Founders, Robin Charrot and Louise Halford have many years of legal experience in large commercial law firms and so sadly recognise the stereotypical ‘fat cat‘ lawyer image. It was precisely those experiences that led to them opening a family law firm that was a bit different. The focus is on helping clients and building trusted relationships between divorce solicitor and client that can last well beyond their ‘case’. Evolve Family Law opened in 2015 with the vision of being the most trusted and first-choice legal advisor for people going through relationship changes. At Evolve, clients are at the heart of all our divorce solicitors do. The focus is on listening, understanding, helping, and giving practical, strong, sensitive, and commercial legal advice. Our divorce lawyers don’t tell our clients what they want to hear, we tell them what they need to hear. If that legal assistance means we lose fees, we are fine with that. It is this approach to getting the best outcome for clients whilst offering value for money and transparency that has enabled Evolve to grow, with the vast majority of new work coming from existing or former clients, or their friends and contacts. If you are going through a divorce or relationship breakdown, ask yourself whether your divorce lawyer truly thinks as we do at Evolve. If you aren’t sure, then maybe Evolve Family Law a call. For expert advice on divorce and family law call our team of specialist divorce lawyers or complete our online enquiry form.
Robin Charrot
Feb 20, 2023   ·   4 minute read
Affectionate couple announcing their engagement with selfies while sitting at cafe. Happy couple taking a selfie and showing off their wedding ring at coffee shop.

Remarrying Your Ex

You may question why you would remarry your ex but remarrying your former husband or wife is a growing trend. Some unkindly refer to it as yo-yo or boomerang marriages but as divorce solicitors, we understand that what attracted you to a person in the first place can reignite despite your separation and divorce. For expert help with divorce and family law call our team of specialist divorce lawyers or complete our online enquiry form. The legal implications of remarrying your ex Once you get divorced your legal relationship is at an end although some financial ties may remain unless you obtained a clean break divorce financial court order. This type of divorce financial settlement severs any financial obligations. On remarriage, you are husband and wife again with the same marital legal relationship as the first time around. That marriage relationship brings with it financial obligations. Those obligations are not covered in your financial court order obtained after your first marriage and subsequent divorce. What that means for you is that if you remarry your ex and it does not work out the second time around either of you can apply to the family court for a financial court order. The size of the financial award will depend on several factors, including the length of your second marriage and your respective needs. [related_posts] The importance of a prenuptial agreement when remarrying your ex It is understandable to be a bit wary about getting remarried, especially if you went through an acrimonious divorce financial settlement first time around. Even if you were able to reach an agreed financial consent order after the end of your first marriage you are right to be cautious about getting remarried to your ex and the financial implications for you. This is especially true when you are in a financially stronger position than the ex you are re-marrying, perhaps because you were more careful with your share of the assets from your first divorce financial settlement. How can you protect yourself financially whilst still enjoying a second marriage with your ex? The answer is a prenuptial agreement tailored to your circumstances. That’s because on re-marriage it is as if you are back to square one, with all the financial claims that a husband or wife can bring on a second divorce. For some couples that means that they are both more comfortable with living together in a cohabiting relationship with a cohabitation agreement in place to sort out and record their agreed property and financial arrangements. Others prefer the security of marriage but with a prenup agreement drawn up prior to their second wedding. There isn’t one legal solution that’s right for everyone who decides to get back together with an ex-spouse. Normally there are legal pros and cons to the options of living together without remarriage or marrying for the second time, with a prenuptial agreement in place. Putting romance and family feelings aside, for inheritance tax reasons, a couple’s adult children might well thank their parent’s decision to remarry rather than cohabit with one another but there is a wealth of legal and financial considerations with each option. The legal advice will all depend on what the couple agreed on the first time around about property ownership and the split of pensions and their current financial circumstances. Most couples who are marrying a second time around see a lot of sense in signing a prenup agreement. The document means that there is less risk of acrimonious and expensive second divorce proceedings. The beauty and practicality of a prenup agreement are that it can be as detailed or as broad as the couple requires provided that certain legal requirements are met. For those preferring to cohabit together, it is just as important to draw up a cohabitation agreement as few couples realise that even if they don’t remarry and don’t jointly own a house together that property claims can still be made if a relationship breaks down. For expert help with divorce and family law call our team of specialist divorce lawyers or complete our online enquiry form.
Robin Charrot
Feb 16, 2023   ·   4 minute read
Woman meeting notary for advice

Does Living With a New Partner Affect a Divorce Financial Settlement?

Concerns about the impact of living with a new partner and how it will impact your divorce financial settlement are not unusual. As divorce solicitors, we help answer your questions on how your planned cohabitation with a new partner or your ex-spouse’s decision to spend a large proportion of their week with their new partner will affect the divorce financial settlement. For expert advice on divorce and family law call our team of specialist divorce lawyers or complete our online enquiry form. Does forming a new relationship affect the divorce financial settlement? Forming a new relationship may affect your divorce financial settlement. It isn’t possible for divorce solicitors to give a definitive answer without more information about your personal and financial circumstances and those of your ex-spouse. Although it is commonly assumed that the presence of a ‘’third party’’ will make a massive difference to a financial settlement that isn’t necessarily correct. That’s why it is best to speak to a divorce solicitor about your situation, and that of your ex-spouse, and to make sure that you don’t let the presence of a new partner adversely affect your judgment. If you do then it can be harder to set your feelings and emotions aside to focus on reaching a reasonable split of the family assets. It is especially hard to come to terms with an ex-spouse meeting a new partner when the ex-partner has hidden the new relationship from you and you have found out about the new boyfriend or girlfriend through the backdoor. For example, from children, family friends, or, as is often the case, from posts and pictures on social media or from disclosure and questions within financial settlement court proceedings. Is your ex-spouse cohabiting with a new partner? If there is a new partner on the scene the first question, from a family law solicitors’ point of view, is whether the spouse is living with his or her new partner or if they are at an early stage of a new relationship and not cohabiting. Sometimes there are disputes about whether a couple are living together or not because: Of the financial consequences of cohabiting and The ex-spouse and their new partner are not living together on a full-time basis as they each keep a separate home base although they spend a lot of their week together and present as a couple Working out if an ex-spouse is cohabiting with a new partner is important because if cohabitation can be established: Your ex-spouse may find it a lot more difficult to ask for spousal maintenance for themselves If there is already a financial court order in place you may be able to apply back to the family court to stop the spousal maintenance or to reduce the amount you pay If you are negotiating a divorce financial settlement, or you are involved in court proceedings, your ex-spouse may find it harder to argue that they need the same amount of money to rehouse themselves [related_posts] Proving that your ex-spouse is cohabiting with a new partner It is not uncommon for there to be a dispute about whether an ex-spouse and their new partner are living together as a cohabiting couple. Whether you are negotiating a divorce financial settlement by agreement or involved in divorce financial settlement court proceedings you and your ex-spouse are both under an obligation to provide full and frank financial disclosure. This includes disclosing your relationship status and the impact of your relationship on your housing and outgoings. For example, if you are living with a new partner are they sharing the rent and other outgoings? For example, if you plan to buy a new house with your partner does their savings and earnings capacity affect your ability to secure a bigger mortgage? Financial disclosure and new relationships The requirement to provide information about new relationships is contained in the court document (called a Form E) that needs to be completed by both a husband and wife in divorce financial settlement proceedings. Most family law solicitors also ask you to complete a Form E if you are negotiating a divorce financial settlement. In addition to disclosing the existence of a new partner that you are living with (or plan to do so), you also need to provide details about the new partner’s financial circumstances. This requirement can be a cause for concern especially if a new relationship is in its early stages or a new partner is unwilling to provide information that may be used against them or may result in them being drawn further into acrimonious divorce financial settlement proceedings. Non-disclosure of relevant personal matters or financial non-disclosure could be a basis for setting aside a financial agreement or a financial court order. If the non-disclosure is discovered during negotiations then trust can be lost making it harder to reach a divorce financial settlement. If the non-disclosure is revealed through questions asked during financial court proceedings the judge could draw adverse inferences against the person who hasn’t provided full and frank disclosure. The relevance of a new relationship to a divorce financial settlement There is often an argument that two homes are being maintained by the spouse and the new partner. It is then a case of establishing if, despite the two physical homes, the couple is in reality cohabiting because of the amount of time spent together and the financial links between the two of them. In some situations, it can be in the financial interests of a spouse to say that they do have a new partner they are living with and have taken on financial responsibility for. That is because that may mean they have larger outgoings and therefore an argument to say that they can’t afford to pay as much spousal maintenance each month or they need to spend more on rehousing. It is important to take objective family law legal advice on the relevance of an ex-spouse forming a new relationship when sorting out the financial division of property and assets. That’s because a lot of emotional and financial time and energy can be spent on exploring whether a separated spouse is in a new relationship and then whether, in reality, they are cohabiting together. The job of a family finance solicitor is to quickly assess whether a new relationship will have an impact on the financial settlement or the financial court proceedings. Although a new partner can be a hot topic it can either be a red herring or one of the key factors in your negotiations or in the family court deciding how money and assets are divided. The relevance of a new partner all depends on individual family financial and personal circumstances. For expert advice on divorce and family law call our team of specialist divorce lawyers or complete our online enquiry form.
Robin Charrot
Feb 07, 2023   ·   6 minute read
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In a Divorce Do You Keep Property You Owned Before Marriage?

The ONS figures reveal that the average age at marriage for men is around 38 years and 35 years for women. These statistics continue the rise in the average age of marriage since the 1970s. Marriage in the under the 20s has fallen whilst marriage for the over 65s has risen sharply. With those figures, it isn’t surprising that family lawyers are increasingly finding that arguments in divorce financial settlements centre on whether a husband or wife should keep their property owned before marriage in the divorce financial settlement or if the assets should be shared. In this article, family law solicitor, Robin Charrot, discusses how the divorce court treats pre-marriage assets. For expert divorce and family lawyers call our team of specialist divorce lawyers or complete our online enquiry form. What is a pre-marriage asset? A pre-marriage asset is anything owned by a husband or wife before their marriage. Whilst a couple could have bought an asset together, disputes in divorce financial settlement proceedings focus on assets bought by a husband or wife in their sole name before the date of their marriage. A pre-marriage asset can be anything of value as family solicitors warn that it is not worth arguing over the relevance of pre-marriage owned assets if their value will be outweighed by the additional costs of a longer financial settlement court hearing or the investigative costs of tracing and valuing the asset. Typically, pre-marriage asset disputes relate to: Property – this could be a property bought by one party to the marriage that has become the family home or a buy-to-let property or second home Family business – if a husband or wife set up a family business or inherited shares in the business before their marriage Investments- this could be a share portfolio, cash savings, or cryptocurrency Pension – the pension could be a final salary scheme pension that was started pre-marriage with a current or former employer, a private pension scheme, or a business-related pension scheme [related_posts] Do pre-marriage assets need to be disclosed in divorce financial settlement negotiations or court proceedings? Pre-marriage assets need to be disclosed in divorce financial settlement negotiations and court proceedings. That’s the case whether you are engaged in: Direct discussions Family solicitor negotiations Family mediation Family arbitration Divorce financial settlement court proceedings with an agreed financial consent order or where a financial court order is made after a contested hearing The law says you need to provide full and frank financial disclosure of all your assets. If an asset was bought before your marriage, you should disclose it but you can argue that the value of the asset should be ignored when negotiating a divorce financial settlement or in contested financial court proceedings. If you do not disclose the existence of a pre-marriage-owned asset and the court finds out about the asset the court can draw inferences about the honesty of the spouse who concealed the property. If the existence of the pre-marriage asset comes to light after a financial court order is made then your ex-husband or ex-wife could ask the court to reopen a financial court order made without disclosure of the asset, involving additional time and expense. Do pre-marriage assets need to be valued in divorce financial settlement proceedings? The court decides if assets need to be valued in divorce financial settlement court proceedings and will normally order a valuation by a jointly appointed independent expert. The fact that the court has ordered the valuation of a pre-marriage-owned asset doesn’t mean the court will decide that the value of the asset is taken into account when making a financial court order. The court often says it needs to know the total value of all assets owned before it can decide if pre-marriage assets are relevant or should be shared as part of the divorce financial settlement. Are pre-marriage assets ignored if you sign a prenuptial agreement? Divorce lawyers advise that the best way to protect pre-marriage-owned assets is to sign a prenuptial agreement to ringfence the assets. If you didn’t sign a prenup, then signing a postnuptial agreement is another option. Prenuptial agreements can either be comprehensive in scope or the agreement can say that a particular asset should be ignored (or ring-fenced) in a divorce financial settlement. Whether the pre-marriage asset will be ignored depends on the circumstances in which the prenuptial agreement was signed and other factors. For example, was financial disclosure provided as part of the prenuptial agreement discussions, were you coerced into signing the agreement, did you both take independent legal advice, and was the agreement signed at least 28 days before the marriage? If you meet all the tests for a prenuptial agreement to be found to be binding on both spouses, the pre-marriage asset can still be taken into account if a fair divorce financial settlement cannot be made without recourse to the property because the reasonable needs of the husband and wife can't be met without taking into account the value of the disputed asset. Take the case of a 40-year-old man who owned property before his marriage. The property became the family home when he married and he subsequently had 3 children with his wife. The couple doesn’t have any other significant assets and if the value of the family home isn’t taken into account in the divorce financial settlement the wife will end up with very little and will be unable to rehouse herself and the children. The outcome might be very different in a short marriage without children and where the wife had a good income and mortgage capacity. How does the court decide if pre-marriage-owned assets should be kept by the asset owner? In divorce financial settlement proceedings, the court makes a financial court order after assessing a range of statutory factors (referred to by family law solicitors as the ‘’section 25 factors’’) and exercising discretion. The court will ask itself a series of questions: Is the asset a pre-marriage asset- there may be a dispute over the date of purchase or, if the couple were cohabiting at the time of purchase, it could be argued that the cohabitation (assuming the relationship moved seamlessly into marriage) means the asset wasn’t acquired ‘’pre-marriage’’ Is there a prenuptial agreement and does the agreement meet all the relevant tests, such as the agreement was freely entered into, without coercion? What are the reasonable needs of any children and the husband and wife? What factors are relevant to the pre-marriage assets? For example, the length of the marriage or the fact that the pre-marriage asset was used as the family home for years may make it less likely that the asset owner can argue that the value of their pre-marriage asset should be ignored What are the family assets and can a fair and reasonable financial settlement be ordered without recourse to the pre-marriage-owned asset? A family solicitor will ask the same sorts of questions to help you and your spouse reach a divorce financial settlement involving pre-marriage-owned assets to try to avoid a contested divorce financial settlement hearing. For expert advice on divorce and family law call our team of specialist divorce lawyers or complete our online enquiry form.
Robin Charrot
Jan 20, 2023   ·   7 minute read