Family Law Articles & Advice

In this article, prenup agreement solicitor Robin Charrot looks at how to get a prenup. Contact Evolve Family Law for prenup legal advice. Getting a prenup There are a few basics to think about if you want a prenup: Find a family law solicitor with prenuptial agreement expertise. Give yourself sufficient time to broach the subject of signing a prenuptial agreement with your partner. Instruct your family lawyer early enough so they can advise you on the agreement, negotiate the terms and finalise it at least 28 days before the wedding. An effective prenuptial agreement takes time to prepare; it isn’t downloaded off the internet and should not be rushed. Remember, your partner will also need time to consider the benefits of a prenup before being rushed into signing. Choosing a family lawyer for prenuptial agreement advice Choosing a lawyer for prenuptial agreement advice is harder than it sounds. Although most family law solicitors can advise on relationship agreements, you want a lawyer who: Will advise you on the fairness aspects of the prenuptial agreement – the lawyer’s advice may seem contrary to your interests or those of your family, but it is not. Has substantial experience in financial settlement negotiations and court representation and therefore understands how the court will assess needs when making a financial court order in a financial remedy application. Is empathetic and able to negotiate with sensitivity to the situation. At Evolve Family Law, our prenuptial agreement solicitors understand that you need expert family agreement legal advice, but you don’t want your relationship and marriage plans jeopardised by lawyers taking a bullish attitude in letters or roundtable negotiations about what should go into the prenup. Are prenups unromantic? One of the issues about getting a prenup is the fear that you will be labelled as unromantic and that will cause your fiancée or fiancé to have doubts or cast a pall over the wedding preparations. Whilst prenups may not be romantic, they do show that you care and that you are taking your marriage seriously. That’s because a prenuptial agreement must be ‘fair’ to both husband and wife or to both civil partners for it to be effective. Therefore, if you are the financially weaker party to the marriage or civil partnership, the suggestion of a prenup, whilst not romantic, offers peace of mind and a degree of financial security. When family members are taking the first steps to your getting a prenup. Our prenuptial agreement solicitors are often approached by third parties making initial enquiries to help an engaged couple get a prenup. There can be many very valid reasons for this, such as: Parents want to protect the deposit on the family home because they gifted the deposit money to their son or daughter. Grandparents intend to make lifetime giftsto a grandchild as part of estate planning and want to keep their gifted money ‘in the family’. A parent or grandparent, having transferred assets to a child to avoid care home fee issues or to minimise inheritance tax, wants to ensure that the transferred property is ring-fenced in the prenuptial agreement. A family member who has transferred shares in a family business to the younger generation as part of business and retirement planning wants to safeguard their gift. The trustee of an onshore or offshore discretionary trustwants to protect beneficiaries because the trustees anticipate making future capital or income distributions. A family member has left a substantial legacy in their Will to the fiancée and wants to ensure that the legacy is protected through ringfencing by the fiancée getting a prenuptial agreement. A parent or family member has been through a difficult divorceand wants the engaged couple to have a prenup to ensure that they don’t end up in a bitter and expensive court battle over how to split their assets. A parent or other family member is from a country where prenuptial agreements are commonplace. An accountant, financial advisor or other professional whose job is to provide their client with financial protection wants to ensure their client receives specialist prenup legal advice. For example, a sports agent whose young client is a high-earning sportsperson with a time-limited career or a financial advisor whose client has won the lottery or received a personal injury compensation award.   Sometimes, a fiancé or fiancée, who is the financially weaker party to the forthcoming marriage, may actively seek a prenuptial agreement to show they are not a gold digger and are not marrying for financial reasons. Equally, the financially stronger party to the engagement may want to protect their partner by providing the security of a prenuptial agreement that meets their needs should the couple decide to separate after their marriage. How to get a prenup The often-asked question is ‘how to get a prenup’, whereas the question really is ‘how do I get my partner to agree to a prenuptial agreement and how do I tactfully raise the topic?’ Every couple is different, so what works for one won’t work for someone else. Prenuptial agreement solicitors say it is best to avoid the topic whilst on bended knee or when saying yes to a marriage proposal. Equally, it is best not to leave the question of a prenup to the last minute when you or your partner is stressing about wedding arrangements and last-minute preparations. For a prenup to carry weight with the family court in any future financial remedy application proceedings, it should ideally be signed at least 28 days before the wedding. That means the topic of the prenup agreement must be raised well in advance of the wedding date so the agreement's contents can be fully discussed and negotiated. One of the best ways to raise the topic of a prenup is in a general discussion about your future together. For example, you may be planning to move in with a partner, buy a house together, or start a family. Another option is to raise the topic of a prenup during discussions about post-marriage financial planning. This could include conversations about: Writing a new Will. Signing a new Lasting Power of Attorney. Taking out additional life insurance or critical illness insurance. The key point about a prenup agreement is that it should protect both of you; it must be fair and meet both of your respective needs to be given weight by the family court.   [related_posts]   Conditions for a prenup Prenuptial agreement solicitors say that unless an engaged couple comply with certain conditions, the prenup may carry little or no weight in any future financial court proceedings. The conditions are: The prenup must have been freely entered. The implications of signing the prenup were understood. Both signatories to the prenup provided financial information about their assets, income and any debts. Both parties took Independent legal advice on the prenup. The agreement is not significantly unfair to one spouse or civil partner. Ideally, the agreement was finalised at least 28 days before the wedding.   Prenuptial agreement solicitors say that if you are interested in learning more about signing a relationship agreement, the best way forward is to have a chat with an expert so you get a better idea of how a prenup may help protect your family. Northwest family law and prenuptial agreement solicitors For legal help with a prenuptial agreement, call Evolve Family Law or complete our online enquiry form.

Prenuptial agreements are financially prudent and the sensible, if unglamorous, part of wedding planning.​ In this blog, our family agreement solicitors examine whether a prenuptial agreement is binding in the UK. Contact Evolve Family Law for prenup legal advice.   What is a prenuptial agreement? A prenuptial agreement is an agreement an engaged couple can enter into before their marriage, outlining what will happen with their assets if their relationship breaks down and they separate or divorce. A prenup should be bespoke to you and your financial and personal circumstances. You could choose a comprehensive agreement that covers all aspects of your finances or use the prenup to: Record what assets you both agree are family assets or non-family assets. To ringfence specific assets so your spouse will not be entitled to ask for a share of those assets. Record which court jurisdiction will be used to obtain a divorce and financial court order. Specify how you will resolve any disputes if your marriage breaks down, such as the use of family arbitration. Specify the financial settlement and how assets will be divided and needs assessed if the relationship breaks down. What assets can a prenuptial agreement protect? The assets you or your fiancée may want to ringfence and protect from future financial claims include: A property bought before your marriage or a buy-to-let property portfolio. Your pension if significant pre-marriage contributions were made into the pension fund. Lifetime gifts received from parents and grandparents. Shares in a family business. Savings and investments. A legacy or future inheritance. A distribution or future distribution made by the trustees of a discretionary trust. A financial settlement received after your divorce from your first husband or wife. A lottery win. A personal injury compensation award. Property or assets transferred into your name by parents as part of their care home fees planning strategy. If you do not have any of these assets, a prenup can still be useful if you or your partner is likely to receive an inheritance or is the beneficiary of a discretionary trust. Your fiancé or fiancée may be unsure about what a prenuptial agreement does and its status if you separate. They may therefore be wary about signing the document, especially if you have had time to consider what you think should be included in the agreement, but they have not. It is best not to make assumptions about your partner’s understanding of what a prenuptial agreement is and will do.   Prenuptial agreements and UK family law Family law in England and Wales does not make prenuptial agreements automatically legally binding on the parties. The law on financial settlements after divorce is contained in the Matrimonial Causes Act 1973 and in case law that judges should follow when making financial settlement rulings. The landmark Supreme Court case of Radmacher v Granatino in 2010 remains the leading caselaw on the treatment of prenups in financial remedy applications. In summary, if a prenup was entered into freely and with full understanding, the courts should give it decisive weight, provided that its terms are fair and meet both spouses' needs. Prenups, although contracts, are different from commercial contracts, where there is certainty that a court will uphold the terms if it finds that a contract was entered into between the parties. The legal status of prenuptial agreements and their enforceability A prenuptial agreement is a contract. Although it lacks a statutory or legislative basis, it has legal status through case law, particularly the leading Radmacher court case. In the Radmacher case, a French husband and a German wife entered into a prenuptial agreement before their marriage. The agreement said neither the husband nor the wife would make a claim on the other’s property if they divorced. The husband made a financial claim in England as the English court had jurisdiction. The wife argued that the prenuptial agreement should bind the husband, but the husband said it was unfair because circumstances had changed: the couple had two children, and he had not received legal advice or financial disclosure before signing. The Supreme Court said that a court deciding on a financial settlement in financial remedy proceedings should uphold a prenup if it was ‘’ freely entered into by each party with a full appreciation of its implications, unless in the circumstances prevailing it would not be fair to hold the parties to their agreement.” Since the decision in Radmacher, there has been a series of court decisions on whether a spouse should be bound by the terms of the prenup, with spouses challenging the agreement on: The prenup safeguards in Radmacher and subsequent case law were not met, or The terms of the agreement were not fair or did not meet reasonable needs. A specialist prenuptial agreement solicitor can help draft an agreement that meets the requirements for a prenup to be effective and, using their expertise and experience in negotiating financial settlements, to try to ensure that the court will conclude the agreement meets the parties' reasonable needs or will give the agreement sufficient weight to limit the size of the financial settlement compared to the financial court order the court would have made if the couple had not signed a prenup. [related_posts] Case law considerations for an enforceable prenup Case law recommends that couples and their prenuptial agreement solicitors follow certain requirements. If they do so, there is a greater likelihood that the court will issue a financial order in accordance with the terms of the prenup. There are no guarantees, as every decision is case-specific. However, a specialist prenup lawyer can advise on the requirements that will cause the greatest issues, such as fairness and needs. The five requirements for a prenup to be upheld or given weight in financial remedy proceedings are: No coercion. Independent legal advice. Financial disclosure. Signed at least 28 days before the wedding. Terms are fair, and needs are met.   No coercion means the prenup must have been entered into voluntarily. Both parties taking independent legal advice and negotiating the contents can help establish that the prenup was not forced on one party to the marriage. Financial disclosure may seem an odd requirement, as many engaged couples are reluctant to let family lawyers advise on financial paperwork, fearing that disclosure may unravel an agreement they have reached verbally with their fiancé or fiancée. However, a party to a prenup cannot give informed consent to the agreement if they do not know the value of the family and nonfamily assets, or the likelihood of further wealth through lifetime gifting, inheritance, or discretionary trust distributions of capital and income. The requirement to sign the prenup at least 28 days before the wedding is to prevent agreements being presented at the church door and the financially weaker partner feeling pressured to sign so the marriage can take place. However, some agreements have been upheld even though they were signed days before the ceremony. Every prenup is case-specific, and the court assesses each factor before deciding what weight to give it. Meeting all the requirements significantly increases the likelihood that the prenup agreement terms will be made into a court order or that the court will make a financial order in substantially the same terms. Financial disclosure, fairness and needs in prenuptial agreements The skill in drafting a prenuptial agreement lies in knowing the extent of the financial disclosure required to satisfy a court that both parties understood the other's wealth and expectations, and in advising on fairness and needs. If a family lawyer is advising the financially stronger party to a prenup, it is in their interests to ensure financial disclosure is provided and assets are accurately valued. Fairness and need take experience and expertise to assess. Prenuptial agreement solicitors Although prenuptial agreements are not automatically enforceable as contracts in family law, the court can make a financial court order in the same terms as the prenup, or make a significantly reduced financial settlement compared to what it would have ordered if there were no prenup. When the formalities of a prenup are met and the agreement is carefully drafted to pass the fairness test, a prenup provides security and peace of mind. Our family agreement solicitors can expertly help you finalise your prenup, ensuring the process is straightforward and stress-free so you can concentrate on the enjoyable aspects of wedding planning. Contact Evolve Family Law for prenup legal advice.

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

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

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

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

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

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