Divorce

Failure to disclose financial information in divorce financial proceedings carries consequences. In this article, our North West specialist divorce solicitors explain what dishonest financial disclosure is and what you can do about it. Contact our specialist family lawyers for a consultation on your financial settlement. Dishonest financial disclosure in divorce proceedings Sometimes, when a divorce financial settlement solicitor explains the duty on both spouses to provide full and frank financial disclosure, they are greeted with laughter. Some divorcing spouses know their partners and realise that honesty and fairness are not part of their vocabulary. If you suspect your spouse will be dishonest, it's best to be upfront about it. That’s because dishonesty suspicions will affect your family lawyer's approach on how best to reach a financial settlement and the type of financial court order they negotiate or ask the court to make. Not everyone is dishonest Most divorcing couples know all about each other’s income, savings, and property. If you are in that position, there is no need to authorise extra costs being spent, as your divorce solicitors will not find assets that don’t exist. Instead, the focus should be negotiating a financial court order that meets your needs and minimises legal costs. Dishonest spouses A husband or wife can be dishonest about some aspects of their lives but not others. You are probably the best person to know if your husband or wife hasn’t been honest about relationships, but is likely to have been upfront about money matters. Alternatively, you may suspect that your spouse has been planning to leave you for a while and is managing their financial affairs, so you won’t get the financial settlement you are entitled to. If you think your husband or wife won’t provide full and frank financial disclosure, then discussing this with your finance solicitor is best. They will then decide what additional information should be requested and what follow-up questions may need to be asked. If you have a strong suspicion of dishonesty but no concrete proof or ‘smoking gun,’ then don’t worry. Divorce lawyers are experienced in ensuring all assets are disclosed and accurately valued before reaching a financial settlement or before the final hearing of a financial settlement application. Types of dishonesty in financial proceedings Dishonesty comes in different forms: Not disclosing assets or property. Not revealing material information. Not providing an accurate valuation. Here are some examples of dishonesty in financial settlement negotiations and court proceedings: Not disclosing a property purchased after separation in the Form E, as the spouse did not consider it relevant. Mentioning the ownership of 1,000 shares in a listed company but failing to mention their other 10,000 shares. They did not explain that they had received an offer on the business or other assets. Not providing information about a bank account or legacy received but kept separate from a spouse. A spouse must provide full financial disclosure. In financial proceedings, the divorce lawyers and the court then determine the relevance of the asset and its value. For example, the court may conclude that an asset purchased after the separation or a legacy received after the divorce is not a family asset. However, full financial disclosure is a requirement because, in some cases, the court will either conclude that an asset is matrimonial property that should be shared or decide that, although it is non-matrimonial property, it should still be shared because of a spouse’s needs. [related_posts] Why do you think your spouse is dishonest? Sometimes you know your spouse will be dishonest in financial disclosure, as they haven’t been honest in financial dealings with third parties over your marriage, and you think dishonesty is just part of their genetic make-up. In other situations, you may have been warned about the dishonesty by your spouse’s business partner or a family friend. It is essential to understand why you think your husband or wife is being financially dishonest as you don’t want divorce financial settlement solicitors to explore and analyse your spouse’s bank statements or business accounts or ask additional questions about their financial affairs if your views on their honesty is being clouded by your upset about your spouse walking out of the marriage or any of the many other things that a husband or wife can do to aggravate an already difficult and emotional time. Tackling dishonest financial disclosure When you split up, you are entitled to a fair financial settlement. What’s ‘fair’ depends on your personal and financial circumstances. However, you can’t reach a financial settlement unless you know the full extent of the family and non-family assets in your joint and sole names. If your spouse won’t voluntarily give full and frank financial disclosure, you must start financial proceedings. During the financial case, your husband or wife will need to give honest and full information when: Completing the standard Form E financial disclosure document and providing supporting paperwork. Answering questionnaires about their finances and disclosing additional documents as ordered by the court. Speaking to a single joint expert, such as a forensic accountant appointed by the court to value the family business. Giving evidence at the financial court hearing. Remedies if a spouse doesn’t comply with disclosure orders during financial court proceedings If your husband or wife does not comply with financial disclosure orders during financial court proceedings, you can ask the court to: Enforce the disclosure order. Draw inferences because of a failure to comply with the disclosure order or incomplete provision of information. Structure the award to account for the spouse’s conduct during the financial proceedings. Make a cost order. An example of drawing inferences is where financial disclosure reveals drawings from the business of £80,000 gross per year, but documented expenditure on mortgages, cars, and holidays shows outgoings of at least £110,000 per annum. If there is no corresponding debt or use of savings to meet the income shortfall or other reasonable explanation, other than cash syphoning, your finance lawyer could ask the court to draw inferences that your spouse is being dishonest about their income level from their business and its profitability. Discovering dishonest financial disclosure after a financial court order Sometimes, you don’t know that the person you loved and trusted has been dishonest with their financial disclosure until after you have agreed on a financial consent order or the court has made an order after contested court proceedings. Even if you discover dishonest behaviour after the event, it may not be too late to act. Divorce solicitors issue a warning, though – it is easier and cheaper to show dishonesty before a financial order is made, as there are no guarantees that you can reopen a financial court order. If you can show there was dishonest financial disclosure, the court has the power to set aside the financial court order it made. Leading court cases on fraud and dishonesty in financial proceedings Divorce solicitors emphasise the importance of full and frank financial disclosure citing the Supreme Court cases of two ex-wives, Mrs Sharland and Mrs Gohil, who took their cases to the Supreme Court to try to win justice on the basis that their former husbands had deliberately misled them and the court about the true extent of their wealth. In Sharland v Sharland [2015] UKSC 60 (14 October 2015), Mrs Sharland and her husband had agreed on a financial settlement. Their divorce lawyers drafted a court order that the judge approved. After the order was approved, Mrs Sharland read in the financial press that her husband’s shareholding in his IT company was worth more than he told the court. In Gohil v Gohil [2015] UKSC 61 (14 October 2015), Mrs Gohil agreed to her divorce financial settlement based on information her husband disclosed: a modest income and no assets. However, Mrs Gohil started a battle to overturn the divorce settlement after it became apparent to her that her husband's disclosed assets and income could not support his lifestyle. The husband was later convicted of fraud and money laundering. The evidence in criminal proceedings enabled Mrs Gohil to pursue her claim. In the cases of Mrs Sharland and Mrs Gohil, the Supreme Court ruled that if a husband or a wife in divorce proceedings intentionally keeps financial information from the court, then the court will presume that a different financial order would have been made if the hidden evidence had been made available at the time. Deliberately misleading the court can, therefore, invalidate a financial settlement. That means the financial court order can be changed. Accordingly, being dishonest means uncertainty and extra costs for the dishonest spouse, plus the real possibility of the court making a more generous financial settlement to their spouse. The penalties for dishonesty in financial proceedings The 2025 court case of VTY v GDB [2025] EWFC 110 (B) (24 April 2025) highlights the penalties of failing to provide full financial disclosure in court proceedings. The judge tasked with deciding how the couple’s assets should be split said ‘’On occasions too frequent for the court to do justice to here, the husband has been demonstrated not to be telling the truth. The husband, bluntly, cannot be believed. His disclosure and litigation conduct has been appalling and has been designed to confuse and obfuscate. He is thoroughly and determinedly dishonest.’’ Financial disclosure was described as woeful and messy. The wife was awarded around 1.2 million in assets, and the husband, around £483,000. The judge said he was giving the wife a greater share of the assets rather than ordering the husband to pay the wife spousal maintenance because of the husband’s behaviour. The husband was also ordered to pay over £54,000 in costs to the wife. Suspicions of dishonesty and financial disclosure If you are suspicious about financial disclosure and believe your husband or wife is dishonest, don’t negotiate a financial settlement thinking that you can change it later—you may not be able to do so, or the costs and timescales may be a deterrent. If you are concerned that the figures don’t add up or your spouse is doing some of the classic concerning actions (such as transferring assets to friends or family or closing bank accounts or telling you that the family business is at risk of going under but the order book seems as strong as ever) then speak to an expert divorce solicitor so you can understand your options and achieve a fair financial settlement. Contact our specialist family lawyers for a consultation on your financial settlement.

You may have heard about a government voucher scheme to cover the cost of family mediation. In this article, we delve into the voucher scheme and answer your frequently asked questions about who pays for family mediation. Contact our specialist family lawyers for a consultation on how to resolve your family law disagreement effectively. What are mediation costs? Family mediation costs can be broken down into: The cost of the Mediation Information and Assessment Meeting. The cost of each mediation session. Any supplemental costs. The Mediation Information and Assessment Meeting (MIAM) is an intake meeting where the mediator explains how mediation works and assesses whether mediation is a suitable alternative dispute resolution option for you. It may not be suitable if you have been subjected to domestic abuse and safety measures aren’t deemed to be sufficient to protect you or if you fear that your former spouse will take the children overseas without your agreement unless you get the protection of a prohibited steps order. If the mediator believes you are both capable of engaging in mediation, some mediation sessions will be scheduled. Typically, each session lasts no more than 90 minutes. The number of sessions needed will depend on the complexity of the issues or your finances. The supplemental costs of mediation can range from the expenses of jointly instructing a forensic accountant to value a family business or a pension actuary to value a pension to the mediator's fees for drafting a memorandum of understanding after a successful mediation. Who pays for privately funded family mediation? Usually, a couple will share the cost of mediation. This could be achieved by having each party pay 50% of the cost of each session or by paying for mediation out of their joint savings. Each party will be responsible for paying their family lawyer, who will provide legal support during mediation. There are no hard and fast rules about who pays for privately funded family mediation. If one spouse has a reduced income or is reliant on spousal maintenance and child support, the financially stronger party may be responsible for covering all the costs of mediation. Mediators are independent of the parties and of the solicitors who refer divorcing couples to them. The outcome of the mediation sessions will, therefore, not be affected by your decision on who pays for the sessions. [related_posts] What is the Family Mediation Voucher Scheme? The Family Mediation Voucher Scheme is a government-led, time-limited mediation payment scheme designed to encourage separating couples to resolve family law disputes through family mediation. If you are eligible for the scheme, your mediator will receive a voucher worth up to £500 to cover all or part of the mediation costs. The voucher cannot be used to pay for the MIAM; it can only be used to cover the costs of mediation sessions. The £500 covers both of you. You cannot each claim a separate voucher or ask for vouchers to cover separate children and financial mediation sessions. Whether the £500 voucher covers all the mediation costs depends on the number of sessions held, but it is intended to be a contribution rather than a full payment. If a surplus remains, the money cannot be used to cover legal fees that support you during mediation or to pay your divorce solicitor to obtain a no-fault divorce. For further details on the government scheme, please visit this link. The main eligibility criteria for the voucher are that you must be mediating about: A dispute regarding a child. A family financial dispute in which you are also involved in a dispute related to a child. For example, you need to reach an agreement on whether the children live with you, the contact arrangements with the non-residential parent and the divorce financial settlement. The financial settlement may encompass child support, spousal maintenance, lump sum payment, the sale of the family home, the transfer of property or the making of pension sharing orders. Contact our specialist family lawyers for a consultation on how to resolve your family law disagreement effectively. Frequently Asked Questions on Family Mediation  What does family mediation do? Family mediation is designed to help you reach an agreement with your estranged or former spouse or partner over a family law-related dispute. A qualified mediator conducts the mediation. They facilitate discussion to help reach an agreement. If an agreement is reached, the mediator will draw up a memorandum of understanding. In some cases, this memorandum is then converted into a binding court order. If agreement cannot be reached, the parties have the option of using a different type of alternative dispute resolution method to help them reach an agreement or to make an application to court. What family law disputes can mediation resolve? Mediation can be used to resolve disputes on the following: The living and contact arrangements for children post separation Whether a parent should be allowed to take a child overseas to live New living or contact arrangements for children Whether a child should be introduced to a new partner of mum or dad Financial settlements after a divorce Property settlements after a cohabiting relationship has broken down Mediation isn't confined to resolving disputes between warring parents. It can be used to resolve: Grandparent contact. Step-parent contact. Inheritance disputes where claims are made that a Will or the intestacy rules don’t make reasonable financial provision for the claimant. How does family mediation work? Family mediation works in a five-stage process: Referral to mediation. Mediation Information and Assessment Meeting (MIAM) with each party. The mediator conducts a screening process to determine if both parties are suitable for mediation. Mediation sessions start and continue at the couple’s pace. If an agreement is reached, the mediator draws up a memorandum of understanding. There are several types of mediation and various kinds of mediators. That’s why it can be helpful to speak with a family lawyer and to discuss the options during the MIAM. For example, you may prefer shuttle mediation because of previous incidents of domestic abuse, or you may want to include older children in the process with a child-inclusive mediator. Many couples choose to seek independent legal advice before embarking on mediation and in between mediation sessions. This is because the mediator’s job isn’t to advise on family law but to facilitate an agreement. A family law solicitor can provide legal mediation support.  What is legal support in mediation?   Legal support in mediation is broad-ranging and tailored to your needs. It can include: Initial separation advice and answers to questions such as ‘can I change the locks?’ Advice on the range of alternative dispute resolution non-court options, such as arbitration. Expert advice on the range of orders the court has the power to make and the likely range of orders in your situation. Guidance on financial disclosure in the mediation process. Advice on the need for expert instruction during mediation, such as the instruction of a pension actuary. Advice on proposed settlement options discussed in mediation. Help with converting your mediated agreement into a court order. Assistance with sorting out all the legal aspects of your separation, such as applying for a no-fault divorce, drafting a new Will, or preparing a Lasting Power of Attorney. Assisting with the implementation of your financial court order, including legal work, such as transferring the family home from joint names to a single name. Advice on enforcing the agreement or court order. Taking advice from a family law solicitor before and during the mediation process can help you reach a mutually beneficial agreement, as your family lawyer provides you with the knowledge and confidence to negotiate a settlement that meets your needs and those of your children. Contact our specialist family lawyers for a consultation on how to resolve your family law disagreement effectively. Evolve Family Law has offices in Holmes Chapel, Cheshire, and Whitefield, North Manchester. We also offer remote meetings via telephone appointments or video calls.

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

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

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

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

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

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