Family Law Guidance

In Brief According to the Office for National Statistics, there are nearly seven million people in cohabiting relationships. Cohabiting families now account for around 17% of relationships. Although unmarried relationships are growing in popularity, couples who have lived together do not have the same legal protections and rights under current law as couples who are married or in civil partnerships. Without clear or automatic rights, complex and protracted court proceedings may be necessary to resolve property disputes. The government intends to reform the law to give unmarried partners additional rights. However, until the law changes, cohabitants need to understand their family law rights if they separate from their partner. Contact Evolve Family Law.    Key Considerations for Unmarried Partners Living together does not confer the same legal rights as marriage or civil partnership. Cohabiting for an extended period does not make you a common law husband or wife. The law on cohabitation is based on property and trust law rather than needs or fairness. Using trust or property law, a cohabitant may be able to claim a share of their partner's property - even though they are not a joint owner. Legislation (called TOLATA) gives the court the power to order the sale or transfer of a property. Cohabitants cannot claim spousal maintenance for themselves or claim pension rights. The right to claim child support for children is the same, whether parents were married, in a civil partnership or living together. Cohabitants can sign a cohabitation agreement while living together to record how they want to split their property if they separate. Joint owners of property can sign a declaration of trust to record how the equity in their property will be shared if they separate. The right to spend parenting time with a child and apply for a child arrangement order is the same, whether parents are married, in a civil partnership or living together. What is a TOLATA Claim? The Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) is the legislation that governs property ownership disputes. In TOLATA court proceedings, the judge can decide: Who is the legal owner/s of the property. Who has a beneficial or equitable interest in the property. The property shares that those with an interest in the property hold, normally expressed as a percentage of the net equity. Whether the property should be sold. Who is entitled to occupy the property. If a couple have children under 18, an application can also be made under the Children Act 1989 for housing provision while the child is a dependent or for a lump sum for child-related expenses. TOLATA focuses on property and trust law, whilst Children Act claims provide temporary housing provision and focus on the child’s welfare and needs. TOLATA Claims TOLATA claims can be used to resolve disputes between unmarried ex-partners where one ex-cohabitant seeks: A declaration to resolve property ownership. An order for sale. An order for deferred sale. The court will require detailed information where claims are brought by cohabitants whose names were not on the title deeds and who are claiming a beneficial interest, or where joint legal owners cannot agree on the extent of their legal ownership. In a TOLATA claim, the court will need to look at these issues: Did the couple sign a declaration of trust or a cohabitation agreement? In the absence of a declaration of trust or cohabitation agreement, what was the couple’s intention regarding property ownership and equity at the time of the property purchase or when one partner moved into the other partner’s property?   Who provided the house deposit and associated purchase costs, such as stamp duty? Who paid the mortgage?  Who paid for renovations to the property?  What evidence is there of discussions that took place or promises made over property ownership? What evidence is there of contributions made to a property in money's worth? For example, carrying out DIY renovations to a property. Each TOLATA claim is decided on the facts and the evidence a claimant and their ex-partner can produce. That’s why it is important to take specialist advice on the merits of a claim so former cohabitants can try to resolve their property dispute using mediation or another form of alternative dispute resolution to avoid protracted court proceedings. Legal Advice for Cohabitants  Taking early family law advice can help cohabitants avoid expensive court disputes and protracted litigation. People in unmarried relationships should have: A cohabitation agreement. A Will. A Lasting Power of Attorney.    If you are ending a cohabiting relationship, you need: A separation agreement. A parenting plan.  A new Will and Lasting Power of Attorney.  Family lawyers and estate planning solicitors can draw these documents up for you.  [related_posts] Risks of not Documenting Your Cohabiting Relationship   The risks of not documenting your cohabiting relationship become apparent if you separate or if one partner becomes unwell or passes away.  The risks are: Without a cohabitation agreement, there could be a dispute over ownership of the family home. Non-owners whose names are not on the title deeds or mortgage can claim a beneficial interest in the property and either receive a share of the sale proceeds or have their partner buy out their interest in the house. If a separation agreement is not signed when cohabitants split up, there is a risk that a former cohabitant will return and try to claim additional monies. A parenting plan records the agreement reached on the split of parenting and contact time. Without a plan, disagreements can escalate, leading one parent to ask the court to make a child arrangement order.   If a cohabiting couple do not have Wills, neither of them will inherit from the other. The intestacy rules do not recognise cohabiting relationships. To claim a share of the estate, a cohabitant will have to bring an estate claim and assert that the intestacy rules do not make reasonable financial provision for them. If a cohabiting couple do not have Lasting Powers of Attorney and one of them loses capacity, the other partner has no legal right to deal with their financial affairs or make health and welfare decisions for them. Family Law Solicitors for Unmarried Partner Disputes At Evolve Family Law, our specialist team of family law solicitors in Cheshire and Manchester can help with: Cohabitation agreements.  TOLATA claims for unmarried partners. Schedule 1 Children Act 1989 claims. Parenting time disputes and child arrangement order applications. Child maintenance advice.  Parents wanting to relocate with their children (either overseas or within the UK) and relocation order applications. Wills for unmarried partners. Lasting Powers of Attorney for cohabitants. Claims against estates where a claimant maintains that their cohabitant’s Will or the intestacy rules did not make reasonable financial provision for them.    Contact Evolve Family Law for expert advice. 

In Brief Research from the Money and Pensions Service in 2025 revealed that 56% of UK adults aged 18 and over did not have a Will.  Will solicitors don’t know how many people with Wills need a new one because their current one no longer reflects their personal or financial circumstances. Whilst writing a Will is an excellent way to protect your loved ones, your Will needs to be updated if your family life evolves or your estate changes.   Our Will and estate planning lawyers can explain whether your Will needs updating and prepare a new Will for you. Contact Evolve Family Law For Help With a New Will.    Is a Will For Life? A Will can be for life, as Will solicitors always try to write a Will that is precise but not overly specific. With careful, expert drafting, a Will may not need to be reviewed or changed for several years. Examples of how an estate planning solicitor can give a Will longevity include: Not naming children or grandchildren if the Will maker wants all their children or grandchildren to inherit, and there is a possibility that more children will be born after the Will is signed. Substitute beneficiaries are included in case a beneficiary predeceases a Will maker, so the Will leaves the estate to alternate beneficiaries.  The use of discretionary trusts in Wills and the careful appointment of trustees. Despite the care taken by Will lawyers when drafting a first Will, sometimes estate planning solicitors recommend that a new Will be signed or a codicil prepared. The Difference Between a New Will And a Codicil The difference between a new Will and a codicil is that a new Will revokes any earlier Will, while a codicil does not do so because it is an addendum or add-on to the earlier Will.   A Will lawyer will carefully consider an existing Will and the extent of the changes required and recommend either a new Will or a codicil. Sometimes a new Will is essential when the changes are wide-ranging, or when a codicil might raise questions about its impact on the Will's provisions.  An example of when a codicil may be appropriate is when a Will maker wants to add a specific bequest—for example, leaving their engagement ring to their daughter. An example of when a new Will may be appropriate is when an estate has grown in size since the first Will was signed, and the testator wants to engage in estate planning to make their new Will as tax-efficient as possible. Reasons For a New Will  If your Will was a DIY Will, prepared by a non-specialist lawyer or signed some years ago, it's best to check if you need a new one.   Sometimes, people do not realise that their Will is no longer fit for purpose and needs a complete overhaul. That is because changes in personal or financial circumstances may not seem legally significant to you, but they can be. Reasons for a new Will include:  The executors of the Will have passed away, and there is no substitution of executor clause in the Will. The Will maker has married. The Will maker is in a new cohabiting or unmarried relationship.  The testator has separated from their wife, husband, civil partner or partner. The Will maker has children or grandchildren, and their existence was not contemplated, and they were not referred to in the original Will. There are stepchildren or step-grandchildren that the testator would like to leave a legacy to, and although the children and grandchildren were included as beneficiaries or substitute beneficiaries in the first Will, the wording does not include relatives by marriage.  Covering unforeseen events not anticipated in the first Will. For example, if the original Will did not say what would happen if one of the beneficiaries predeceased the testator.  Age of inheritance – a Will maker may want to change the age at which their beneficiaries can inherit. For example, increasing the age from 18 to 25, or expanding trustees' powers to advance some of the inheritance funds to underage beneficiaries to help pay for education fees or other specified expenses. Change in a beneficiary’s personal or financial circumstances. This could range from a beneficiary becoming bankrupt to winning the lottery, so the Will maker wants to adjust the legacies to them in the Will. A plan to reduce the risk of a Will challenge or estate claim. A new Will may help reduce the risk of estate claims by evidencing the testator's capacity to make the Will or by including measures to reduce the potential for dependency claims.   There are many other reasons a Will may need to be reviewed. It is best to seek legal advice every couple of years to ensure your Will still meets your needs and protects your family and loved ones.  [related_posts]   Changing a Will if a Beneficiary’s Circumstances Change You may think that a change in your beneficiary’s personal or financial circumstances is not relevant to your Will or estate planning. However, estate planning solicitors recommend that you consider whether to review your Will if your beneficiary: Gets married. Separates or divorces their spouse. Has children. Is made bankrupt. Receives lifetime gifts from you or another family member.   Shows that they are not good at managing their finances. Reviewing your Will does not necessarily mean you will reduce the size of the legacy left to a beneficiary. Amending the wording of a Will may provide your beneficiary with protections and help safeguard family money. There are several other situations in which a change in a beneficiary's financial or personal circumstances may justify amending your Will. If you are unsure about the benefits of updating your Will, contact a Will solicitor for advice.  Reasons for Changing Your Will if a Beneficiary’s Situation Changes  Here are several reasons and explanations for why you may want to change your Will because of a change in a beneficiary’s circumstances: A beneficiary’s change in relationship status. If a beneficiary lives with a partner or marries, you may want them to consider signing a cohabitation agreement or prenuptial agreement to help safeguard the money you are leaving them in your Will. You may be keen to keep your gift ‘in the family’ and avoid the possibility that an unmarried partner, or a husband or wife, could claim a share of the legacy if your beneficiary receives their inheritance and then separates. If a beneficiary is cohabiting and uses the legacy to pay off the mortgage on a property jointly owned with their partner, half of the legacy could be lost if the beneficiary separates from their partner. Equally, if a beneficiary marries without a prenuptial agreement, they could lose the money inherited from you if they divorce, as the legacy would not be ringfenced.   A beneficiary’s separation or divorce – if a beneficiary is going through a difficult separation or divorce, you may not want them to inherit a substantial legacy that could be the subject of a divorce claim. There are ways to change a Will, so your beneficiary can still receive a legacy or share of your estate while reducing the risk that the legacy will be partially inherited by their spouse.  A beneficiary has children -  if your beneficiary has children, you may want to change your Will to say that if your beneficiary predeceases you, their share of your estate will be inherited by their children. Alternatively, if your beneficiary is financially comfortable, you may prefer to leave your planned legacy to their children or in a discretionary trust. A beneficiary is made bankrupt – if your beneficiary inherits money during their bankruptcy, their trustee in bankruptcy will use the money to pay off debts. If a beneficiary is self-employed in a high-risk sector or is financially imprudent, there are measures you can take in an updated Will to protect the legacy and your beneficiary.  A beneficiary receives lifetime gifts from you or another family member – the lifetime gifts may have been made to reduce your estate’s liability to pay inheritance tax, or to help your beneficiary buy their first house, pay children’s school fees or to assist with their financial recovery after a separation or divorce.  Lifetime gifting to one beneficiary may require an update to the Will to reflect the lifetime gifts that one child or grandchild has received if fairness and equal financial provision are important to you. If further gifting is possible, careful Will drafting can achieve fairness without the need to keep changing the Will. A beneficiary is not good at managing their money – this situation may prompt a Will maker to question whether a beneficiary should receive the planned legacy or how to write the Will in a way that protects the beneficiary. There can be several ways a beneficiary may struggle with money, such as their young age, a love of spending, a vulnerability to gambling, a financially abusive spouse, an injury or a health condition. A Will can include a discretionary trust to protect a vulnerable beneficiary or one who could benefit from income or capital advances from trustees, rather than an outright inheritance. Alternatively, the testator may prefer to amend the Will to say that a beneficiary should inherit at age 30, rather than at age 18 or 21. Whatever a beneficiary’s circumstances, an expert Will solicitor can discuss your Will concerns and explain your options and create an updated Will that helps address your beneficiary’s change in circumstances. Contact Evolve Family Law for a New Will    Updating your Will is one of those chores that we sometimes put off, but it is best not to. If you are uncertain about whether your Will needs reviewing and updating, talk to one of our specialist Will lawyers for comprehensive and expert advice. Contact Evolve Family Law For Help With a New Will.  Frequently Asked Questions on Wills Do I need to know what I want to put in my Will before I see a Will solicitor?  It is helpful to have an idea of what you would like to put in your Will. However, many people make an appointment to see a Will lawyer without knowing exactly what they want to put in their Will and are receptive to advice on how to structure their Will to estate plan and minimise inheritance tax, protect young or vulnerable beneficiaries and how to create a Will that reduces the risk of a successful estate claim by a disappointed family member. Can I leave my estate to my preferred choice of beneficiaries? In England and Wales, there is no law requiring a testator to leave a specified percentage of their estate to their spouse or children. However, if you are married, in a civil partnership, or in a relationship akin to marriage for over two years, have children or other dependants, a claim could be made against your estate if it is asserted that the Will is invalid or does not make reasonable financial provision for a potential claimant. An estate planning lawyer can advise on how to reduce the risks of an inheritance claim.   What happens if I die without a Will? If you die without a valid Will, your estate is distributed to family members according to legislation. Who inherits your estate is set out in the intestacy rules. Non-biological family, such as unmarried partners or step-children, will not inherit under the intestacy rules. The rules can produce very unfair results and lead to court proceedings alleging that the intestacy rules do not make reasonable financial provision for a claimant. What happens if I do not update my Will? If your financial circumstances change, but you do not update your Will, your earlier Will remains valid. If you marry, your earlier Will is revoked unless the Will was made in contemplation of marriage. If you divorce after signing a Will, some provisions in your Will may no longer be effective.  It is best to talk to a Will solicitor about the impact of any change in financial or personal circumstances because if your Will is not up to date at the time of your death, there is an increased risk that a partner or family member will make an inheritance claim and allege that the Will does not make reasonable financial provision for them. What should I include in my Will? What is included in your Will is your decision, but it is usual to:  Appoint executors and trustees to administer your estate. Appoint a testamentary guardian if you have dependent children.  Give legacies or bequests to specified beneficiaries. Leave the residue of your estate, after debts are paid off, to a beneficiary (for example, your spouse) or a class of beneficiaries (such as all your children alive at the date of your death).   Create trusts.  A Will lawyer will advise on how to ensure that your Will reflects your wishes but is as generic as possible to reduce the need for regular Will updates. For example, by referring to the children alive at the date of your death rather than naming each child.  How will getting married or entering a civil partnership affect my Will? If you marry or enter a registered civil partnership, this automatically cancels your Will unless the Will specifically says that it was written in contemplation of your planned marriage. If you intend to marry, it is best to talk to a Will solicitor and a prenuptial agreement lawyer about a new Will and relationship agreement.  What is an executor? An executor is the person or organisation named in your Will as responsible for administering your estate.  This means obtaining probate, paying any debts and taxes, paying any specific legacies and distributing the remainder of your estate amongst your residuary beneficiaries. Executors can be held liable if they make a mistake, such as paying insufficient inheritance tax or paying the wrong amount to a beneficiary. This is one reason why Will makers often appoint their Will solicitor to be an executor of their Will. Alternatively, lay executors can instruct probate solicitors to handle the estate for them.  Can an executor of a Will be a beneficiary of the Will? An executor of a Will can be a beneficiary named in the Will. For example, it is usual for a spouse to be appointed as one of the executors and to be the sole or main beneficiary in a Will. Can an executor decline to act as an executor? It is best to ask your proposed executors whether they are willing to serve as executors and to update the Will if they are no longer able or suitable to act as executors. After a Will maker has passed away, an executor can request to be released from the role. Alternatively, they can ask a probate lawyer to administer the estate for them. This can help to reduce the administrative burden, risks, and stress that some executors struggle to cope with during a bereavement. What is the residuary estate? The residuary estate is the money that is left after your executors have: Paid the funeral expenses. Paid inheritance tax and any other outstanding tax due to HMRC. Paid any debts, such as a credit card bill or bank loan. Paid any monies outstanding because of the sale of assets, such as estate agent fees or conveyancing solicitors' costs. Paid any specific gifts to beneficiaries, such as a gift of £500 to each of the Will maker's grandchildren. Discharged the probate solicitors' bill for administering the estate. What is left is the residuary estate. Normally, this is the bulk of the estate unless the Will maker made large specific bequests. What is a mirror Will?   Some spouses, civil partners or unmarried couples choose to make mirror Wills. These are separate Wills, but the Wills mirror one another. In typical mirror Wills, the testator leaves their estate to the other partner, and the partner who dies last leaves their estate to their child, and, if more than one child, in equal shares. Are mirror Wills binding?  After a mirror Will has been signed, the Will maker can change their Will. They do not need to tell their partner that they have done so. After the first partner dies, the surviving Will maker can remarry or make a new Will leaving the entire estate to a new partner rather than to the children from their first marriage. Do I need a Will solicitor to write a Will? You can do a DIY Will or use a Will writer who is not a lawyer to write your Will for you. However, your Will may not say what you intended it to say or may not be as tax efficient or as watertight from the risks of a Will challenge. A Will lawyer at Evolve Family Law can explain our Will-writing services and the likely fixed costs and timescales. Contact Evolve Family Law For Help With a New Will. 

Family mediation is voluntary. No one can be forced to attend. However, there are implications if you choose not to try mediation or any other type of alternative dispute resolution and make a court application for a judge to resolve your family law dispute. In this blog, our family law solicitors explain what mediation involves, the support your family lawyer can provide and outline your options. Contact Evolve Family Law. Finding out about family mediation Your family law solicitor will provide you with information about all your alternative dispute resolution options to resolve disputed issues with your ex-spouse or partner. Alternative dispute resolution can help resolve disputes over money, maintenance, property, pensions, the family business or the living and contact arrangements for your children. The alternative dispute resolution options include: Family mediation. Amicable Divorce - One Lawyer Divorce. Solicitor negotiations. Roundtable meetings. Collaborative law. Arbitration. A family lawyer can explain the pros and cons of each option and outline why one may be more suitable than others. Although you may not have a positive view about mediation because of previous experience or the tales of friends, a divorce solicitor can explain the different types of mediation process, such as lawyer-involved mediation, shuttle mediation or child-inclusive mediation, and can recommend a mediator to you. One-to-one preliminary meeting with a family mediator Many people are reluctant to try mediation because they think they will be rushed into a settlement they don’t want and that won't work for them. However, mediation normally starts with a one-to-one preliminary meeting with a mediator. This is called an MIAM or Mediation Information and Assessment Meeting. A MIAM should be treated as a meet-and-greet and strategy meeting, so the mediator has sufficient information about you and your family to enable them to work out a mediation plan that reflects your priorities and those of your ex-partner. The Mediation Information and Assessment Meeting At the MIAM meeting, the mediator explains how mediation works, outlines the role of a family mediator, assesses whether mediation is a suitable option for you, and answers your questions. It is best to outline your specific concerns about the mediation process in the MIAM so the mediator can discuss solutions. For example, the mediator may suggest shuttle mediation or recommend the instruction of experts during the mediation process if you do not think that you can come to a fair financial settlement without a formal valuation of the family business or without a report from a pension actuary. If the mediator does not think that mediation is suitable for you and your former partner, they will sign a form saying so. Your divorce solicitor will advise on whether the mediator is likely to say whether you fall within one of the exemptions that make mediation unsuitable. Even if the mediator thinks that mediation is a suitable option to resolve the disputed family law issue, either you or your ex-partner can decide that you don’t want to mediate. Role of family law solicitors in mediation Some people are reluctant to go to mediation because they fear their ex will push them into an ‘agreement’ they don’t want and think they would be better protected by their divorce solicitor handling everything for them. Sometimes they are right, and mediation is not the right option. For example, if one spouse is abusive, financially manipulative or refuses to provide financial disclosure of their assets. In other situations, family mediation can be empowering, and you, the mediator, and the family lawyers can work out the extent of the family law solicitors' role in the mediation process. The role of family law solicitors in mediation can involve: Lawyer-inclusive mediation. Mediation support. Legal implementation of the mediated agreement. [related_posts] Lawyer-inclusive mediation With a lawyer involved in mediation, both family lawyers attend the sessions and provide advice to their respective clients between sessions. This type of mediation is only feasible if both partners want the lawyers to be present during sessions and the mediator agrees. Lawyer-inclusive mediation can be a good option when there are complex assets or issues, and the two lawyers can work in ways that support the mediation process, giving it the best chance of success. Having family lawyers present at family mediation meetings increases costs, so it is best to explore alternatives, such as seeking legal advice between mediation sessions or suggesting shuttle mediation if you don’t want to be in the same room as your ex and the mediator. Mediation support provided by a family solicitor  A family lawyer can provide mediation support by: Explaining the mediation process. Advising on potential child arrangement order or financial court order outcomes if either you or your ex-partner start financial settlement or children law court proceedings. Advising on the extent of financial disclosure required to reach a fair mediated financial settlement. Explaining an ex-partner’s financial disclosure and recommending that additional questions be asked or that valuation reports be obtained. Advising on tricky legal points that crop up in mediation, such as the relevance of a prenuptial agreement or a future inheritance or how the court will treat a family business if court proceedings are started. Reality testing childcare or financial settlement options suggested in family mediation sessions. Explaining your options if mediation breaks down. Converting your mediated memorandum of understanding into a binding financial court order or child arrangement order. Sorting out the associated legal paperwork involved with a separation, such as no-fault divorce proceedings, the sale or transfer of the family home, a new Will or Lasting Power of Attorney. Legal implementation of the mediated agreement Some family lawyers are only instructed after family mediation has taken place, and an agreement has been reached. The family law solicitor can: Advise on the memorandum of understanding. Convert the mediated agreement into a binding financial court order or child arrangement order. Legally implement the order. For example, arrange for the pension administrator to implement a pension sharing order. If you reach an agreement in mediation but you do not finalise the divorce proceedings or obtain a court order, your ex could try to renege on the agreement later. That’s why it is essential to get input from a family lawyer on the memorandum and what needs to be done to convert it into a court order. Confidentiality and mediation Sometimes people worry that if they say they are willing to give mediation a go and it fails, anything they said in mediation will be used against them in subsequent court proceedings for a financial settlement or child arrangement order. Mediation rules prevent either you or your ex-partner from revealing in court proceedings what was said in mediation to try to reach a compromise. Impact of not going to mediation If you choose not to go to family mediation or try any other form of alternative dispute resolution, and you issue court proceedings, the rules state: The judge can decide to adjourn the application for mediation if the judge thinks it should be attempted. The judge can penalise someone who started court proceedings or who refused to try alternative dispute resolution by making a cost order in favour of the other person. Legal advice during mediation At Evolve Family Law, our family solicitors emphasise the benefits of reaching a financial settlement or agreeing parenting arrangements outside of court proceedings. Family mediation is one of several ways to achieve that.  Our lawyers can support you through the mediation process and, if it is successful, ensure that your mediated agreement is converted into a binding court order and implemented. Contact Evolve Family Law.

Any divorce is traumatic, but it can be particularly tough in a farming family as the farm is both the source of the family income and the family home. When you are trying to end your marriage and sort out the division of personal and business assets, it is especially important to choose a divorce solicitor with expertise in divorce in the farming community. Contact Evolve Family Law. Family farms and divorce Some people question why a divorce involving a family farm is different from any other type of divorce. Whilst every divorce is painful, one involving a family farm can be particularly complicated and emotive. Often, the farm has been in the family for generations. There is, therefore, a great sentimental attachment to the farmhouse and land. Not only that, the farm is normally both the family home and the source of income for the entire family, including extended family members such as grandparents and adult children. Adding to the complexities, the farm, or part of the land, may be owned by the older generation, or one spouse’s parents may receive income from farm profits to provide a pension after they transferred ownership of the family farm to a son or daughter. A divorce lawyer at Evolve Family Law can advise on the financial complexities of divorce involving a farm, explain your options, and help you negotiate and agree on a fair divorce financial settlement. If that is impossible, we can expertly represent you in a court application for a financial court order and present your case for why you need the order you are seeking. Prenuptial agreements and farms In an ideal world, a farming family will take private client advice before handing over ownership of the family farm to a son or daughter. Often, a farming family is told by an estate-planning solicitor that it is tax-efficient to transfer ownership of the farm to the younger generation to minimise inheritance tax. That is all very well, but unless specialist family legal advice is sought, the family may be reducing the risk of paying a large inheritance tax bill while exposing the family farm to divorce claims, because they did not receive advice on the benefits of a prenuptial or postnuptial agreement. Is a farm a family asset whose value will be shared? Some farming families believe that if the family farm has been gifted or inherited, it will automatically be protected or ring-fenced from any financial claims arising on divorce. That is not necessarily the case. Divorce financial claims can be made against the assets even if an asset is: Owned in the sole name of one spouse, and Was owned by the spouse before the marriage, and It has been in family ownership for a long time. When a couple gets divorced, all the assets they own, individually or jointly, are considered by divorce solicitors when negotiating a financial settlement or by the court when making a financial order. The court's decision will depend on whether the asset is classified as a family or matrimonial asset, or a non-family or non-matrimonial asset. If a husband and wife cannot agree on whether an asset is a family asset or not, the court will decide. If an asset is classified as a family asset, the court will treat its value as potentially divisible between the husband and wife. Alternatively, its value can be offset against other assets, such as land, investments, or pensions. If land or property is classed as a non-family asset belonging to one spouse, the court will not share the non-matrimonial asset between the husband and wife unless the non-owning spouse’s and the children’s needs are such that they can not be met from them sharing all the family assets, including where needs are not met from one spouse getting 100% of all the family assets and the other spouse retaining their asset that has been held to be a non-matrimonial asset, such as a farm business. Will a prenuptial agreement make a family farm a non-matrimonial asset? If a family own a farm and wants to leave it as a legacy or gift to a son or daughter, the best option to protect the family farm from divorce claims is to sign a prenuptial agreement before the marriage. Although a prenuptial agreement can try to ring-fence the family farm from any financial claims in divorce, whether it will work fully depends on the family's needs at the time of the divorce and the availability of other assets to meet those claims. In any family situation involving a family farm, divorce solicitors recommend seeking legal advice on the benefits and potential disadvantages of a gift or transfer before the farm is transferred to a son or daughter. Advice can then be taken on the option of a prenuptial agreement or, if they are already married, a post-nuptial agreement. Divorce and the family farm If you are getting divorced and one of you owns a family farm, then both husband and wife should take expert legal advice from specialist divorce and family finance solicitors. The farm owner likely wants to keep the farm, while the spouse who does not own it wants it sold to raise money to buy a house to rehome them. There may be mention of the land’s increased value if farm buildings or land could potentially get outline planning permission, so it can be developed for housing or even get planning permission for a new town. Valuing a family farm in divorce proceedings In any divorce and financial proceedings, assets need to be valued. That applies just as much when the asset is a family farm. A specialist valuation will be needed to look at the value of the farm and land, as well as any ‘’hope’’ value in relation to planning permission and development opportunities or the sale of part of the acreage. In addition, the value of the farm asset will depend on the income generated and the value of the agricultural land. [related_posts] Selling part of a farm to fund a divorce financial settlement  If a farm is owned in the sole name of a husband or wife (rather than ownership being shared with parents and siblings), then it may be possible to sell part of the land or a farm building or to raise capital by mortgage to meet a husband or wife’s divorce financial claims. When it comes to a family farm and divorce, the court may view the farm as a non-matrimonial asset and therefore will not order that its value be shared equally between the husband and wife. However, the bottom line is that a husband or wife may get an award that affects the family farm if it is the only way that their housing and other needs can be met. Choosing Evolve Family Law When a divorce solicitor is giving legal advice to either a farmer or their spouse, the aim is to achieve a financial solution that provides a home for the husband, wife, and children, and, ideally, does not affect the continued viability of the working farm. This can require creative resolutions to secure the family farm for future generations. At Evolve Family Law, our specialist divorce lawyers are experienced in advising on prenuptial agreements and farms and on reaching divorce financial settlements where there is an owned or tenant farm and a creative divorce settlement is required to preserve the farm whilst also meeting the family's need for rehousing and income. Contact Evolve Family Law.

When you have suffered a bereavement, it can be hard to navigate the steps you need to take to sort out a loved one's estate. In this article, our probate solicitors outline what a grant of probate is and explain whether you will need to obtain probate. Get in Touch With us Today for Estate Administration Advice. What is probate? Probate is the legal process of proving that a Will is valid. Probate gives the executors of the Will the authority to administer the deceased's estate. It is best to speak to a probate lawyer about probate, as the executors named in the Will can only normally access funds to pay debts, transfer or sell assets or distribute the estate in accordance with the Will after the grant of probate has been obtained. What is a grant of probate? A grant of probate is the legal document that gives the executor of a Will the legal authority to act. Without the grant of probate, third parties, such as banks, the land registry or financial institutions, will not act on the instructions of the executor of the Will. The grant of probate gives third parties the official evidence they need to prove that the deceased has died and that the person contacting them is the authorised executor or administrator of the estate. Intestacy and letters of administration If a deceased dies without making a Will, it is called dying intestate. Instead of applying for probate, the administrators of the deceased’s estate apply for letters of administration, in a similar process to a grant of probate. Executors and probate The executors named in the Will are responsible for gathering in the estate, paying any debts or taxes and then distributing the estate to the intended beneficiaries. Most executors don’t deal with the probate personally but instead instruct a probate solicitor to deal with the legal work for them, with them retaining overall control of the administration by giving instructions to the solicitor. If the deceased died without making a Will, the intestacy rules specify who can administer the estate and who will receive it. The administrator has a role similar to that of an executor. How to apply for a grant of probate Usually, the process of obtaining a grant of probate and administering the estate involves: The executor, or the probate solicitor instructed by them, obtains information about the assets and any debts. The grant of representation is applied for. An inheritance tax form is completed and, if necessary, any IHT is paid. The grant of probate is received. The assets of the estate are gathered in. For example, shares or the family home are sold. Any debts payable by the estate are discharged. For example, outstanding utility bills on the family home. The estate is distributed in accordance with the Will or intestacy rules. The probate lawyer prepares estate accounts to show the monies and assets received, debts and taxes paid and how the estate was distributed. When probate is complicated Some grants of probate are straightforward, but others can be complicated. Examples of potentially complex probates include: If the named executors in the Will do not get on with one another. If the beneficiaries named in the Will are likely to challenge the speed or work of the executors in securing the grant of probate and distributing the estate. If the validity of the Will is challenged. If there is a dispute over the Will and questions over whether the deceased made fair financial provision for a dependant. If there are likely to be complicated inheritance tax or capital gains tax issues. The size of the estate or the nature of the assets. For example, where the estate consists of a large buy-to-let property portfolio or overseas assets, such as a holiday home. The beneficiaries want to change the estate distribution by making a deed of variation. [related_posts] Who pays for probate? Some people think that if they are named as an executor in a Will, they must personally obtain the grant of probate. That isn’t normally the case, as an executor can choose to instruct a probate solicitor. The estate pays the costs of instructing a solicitor before it is distributed to the beneficiaries. The probate solicitors’ cost will depend on the size and complexity of the estate. Evolve Family Law believes it is very important that fees are transparent, and we publish a price guide. For a bespoke quote, please call us so we can review the work you would like us to do. Is a grant of probate necessary? In some family situations, an executor, a loved one or a beneficiary will question whether a grant of probate is necessary. In situations where the estate is very small, a grant of probate may not be necessary. The requirement for probate does not depend on whether there is a Will or whether a husband or wife is inheriting the entire estate. Instead, the requirement for probate depends on the size and nature of the estate's assets. If there is a property to sell, a grant of probate will always be required. If you aren’t sure whether a grant of probate will be needed or not, our Manchester and Cheshire probate solicitors are always happy to advise you on whether a grant of probate is needed and, if so, the likely probate solicitors’ fees for securing probate for the estate. Get in Touch With us Today for Estate Administration Advice.

As North West divorce solicitors specialising in resolving financial disputes after a separation or divorce, we spend a significant amount of time addressing ownership and the treatment of business assets. If you own shares in a family business or are a partner in a limited liability partnership, or a sole trader, or a spouse whose partner has business interests, then Evolve Family Law has the expertise and experience to help you negotiate a fair financial settlement even where business assets are considered complex or non-realisable. Contact Evolve Family Law. Family assets or business assets  Many people assume that if they split up from their spouse, their business assets are ring-fenced and will not form part of the financial settlement. That isn’t the case. In divorce financial settlement proceedings, the court can order the valuation of a business and the sale or transfer of company shares. Is a business asset a family asset or a non-matrimonial asset? A business can be either a family or matrimonial asset or a non-family or non-matrimonial asset. If a divorcing couple cannot agree on the status of the business, the family court can rule on whether the asset is a family or non-family asset. The answer will depend on the family circumstances. The distinction of whether a business is a family or non-matrimonial asset is important because the value of the business may exceed the equity in the family home, any savings or the value of pension funds. The court can hold that business interests are a family asset even if the shares in the family business are owned solely by one spouse, and the other spouse has had no day-to-day involvement in the business. If a couple agrees or the court orders that a business is a family asset, the court can share the business's value by selling or transferring it, or by offsetting its value. Offsetting means the non-business-owning spouse receives a larger share of the equity in the family home, investments or pensions. If the business asset is deemed to be a non-matrimonial asset, then the court will only share its value with the other spouse if it is necessary to do so because the division of the family assets is insufficient to meet reasonable needs. A spouse’s reasonable needs may include housing for themselves and minor children. For example, if the equity in the family home is £500,000, and the shares in the family business are worth £3 million and the spouses will each need £500,000 to rehouse themselves. Legal advice when you are divorcing, and there are business assets It is therefore important to get specialist advice from a Manchester divorce solicitor on business assets within divorce proceedings so that you understand: The relevance of business assets to your financial settlement. How to get the business asset accurately valued. The options on how to reach a financial settlement where there are business assets. Tips for those who are divorcing with family businesses Here are some tips on what you should consider if you are divorcing and either you or your spouse has business assets: Make sure that the business is accurately valued. The choice of valuation method may significantly affect its value. The value of a shareholding may be affected if it is a minority shareholding or has limited voting rights. Take legal advice on the best person to value the business. It could be the existing company accountant, business advisor, or a forensic accountant. Understand the tax implications of agreeing to a sale or the transfer of shares. If you are an employee of the company, make sure that the financial court order deals with your employment status and any tax implications of terminating the employment. If you intend to continue in business with your former husband or wife, ensure that, as well as obtaining a financial court order, you also regulate the new business arrangement with a new shareholder agreement or partnership agreement. Business valuations in financial settlement negotiations or court proceedings There are many different methods of business valuation. These include: The net book value. Multiple of profit. Capital value or a combination of value and profit. Getting the valuation method right can make a significant difference to the size of the financial settlement. If the net book value is used, the valuer must be satisfied that the assets are correctly valued in the business accounts. Sometimes the assets are included in the accounts at an artificially low figure, or the assets have not been revalued for some years. If a business valuer is valuing a shareholding using a profit multiple, this can be difficult, as profits may have been overstated or understated in the accounts. In addition, the accountant needs expertise to understand the appropriate multiples for the business sector. Employment in the family business and divorce proceedings  A spouse who was a ‘sleeping partner’ or an employee in the business during the marriage to maximise the tax advantages to the family may find themselves with unexpected and unwelcome tax liabilities unless their family solicitor and financial advisor explain the consequences of exiting the business and put protection strategies and liability cover in place in the financial court order. If a business owner negotiates to retain their business as part of their financial settlement, they may find they have an unexpected business exposure if their ex-spouse does not agree to resign from the company and to forgo any employment law claims in the preamble to the financial court order. This point is important, as some former spouses who remain employees of the business can bring an employment tribunal claim without a limit on the employer’s liability for discrimination. The claim can be prevented if the employed spouse agrees to forgo any such claims as part of their divorce settlement. If a spouse is reliant on income from the business to meet their outgoings, the financial settlement can still include the transfer of their shares, the termination of their employment and the payment of lifetime or time-limited spousal maintenance. If the spouses are nearing retirement, the financial court order could include a pension-sharing order, so the financially stronger spouse shares their pension income while retaining the business in the financial settlement.      [related_posts] Family business protection in financial court orders   When a husband and wife agree to separate but want to continue operating the family business together, the agreement must be properly documented to avoid disputes and minimise the risk of a future falling-out. Protection can take the form of written employment contracts, a shareholder agreement, and a family financial court order. These documents provide checks and balances, such as recording the agreed policy for declaring dividends or for employing new staff, ensuring both spouses have legal protection. With these documents in place, many spouses can work together successfully even if they can’t continue living together. Prenuptial agreements and their role in protecting business assets   A prenuptial agreement (or a postnuptial agreement if a couple is already married) can sometimes be the ideal solution to protect business assets from financial claims in divorce proceedings. A prenuptial or postnuptial agreement can try to ring-fence the business completely from claims in divorce. If this is not possible, the agreement can include provisions to protect the family business in the event of a divorce. When it comes to the business of divorce, it pays to get the right legal help from experienced and expert divorce solicitors, such as Evolve Family Law. Contact Evolve Family Law.

You can write your own Will. However, if you don’t get your Will right, the problems are not discovered until after the Will maker’s death, leaving their loved ones to cope with their bereavement and the complexities of trying to sort out the estate. That’s why Will Solicitors recommend getting specialist advice on your Will and estate planning. In this blog, Estate Planning Lawyer Chris Strogen examines some of the common problems encountered with do-it-yourself Wills. Contact Evolve Family Law for help with writing your Will. Do I need a Will? All adults need a Will, whatever their personal or financial circumstances. Here are some common reasons why people realise they need a first Will or to change an existing Will: Getting engaged or married. Living with a partner in a cohabiting or non-married relationship. Buying a house. The birth or adoption of children. A period of ill health. Separating or divorcing. Complicated blended family circumstances with children from different relationships or step-children. A recognition that if you pass away, your financial dependants, such as your young children or partner, need financial protection. A desire to make specific bequests of items of sentimental value to family members or to leave a share of your estate to a favourite charity. Setting up a business or going into a partnership. Deciding to estate plan and providing family members with lifetime gifts, such as a house deposit. Recognition that your estate has grown and inheritance tax will be payable. The death of a loved one and receipt of an inheritance. The sale of a family home or business. Acting as executor of a loved one's Will or as the administrator of an intestate estate and realising why a well-written, up-to-date Will is required. Even if none of these trigger events is relevant to your circumstances, you still need a Will. It is best to get one ready when it is not an emergency, so you have plenty of time to organise it.     DIY Will or a professional Will by a Will Solicitor Having acknowledged that they need a Will, some people are tempted to write their own Will because they think ‘’how hard can it be to put down on paper what will happen to my money?’’ The answer is that it can be surprisingly easy for someone to prepare a Will that is either not legally valid or doesn’t say what they meant it to say. That’s why a professionally drawn up Will is an investment and should give you and your family peace of mind compared to reliance on a DIY Will or free Will where the Will writer has not spent the time getting to understand you, your wishes and your family and financial circumstances. [related_posts] Common problems with Do-it-Yourself Wills Here are a few of the common problems with DIY Wills: The Will is not valid. Not all the assets are included in the Will. The wording in the Will has unintended consequences. Family members think the DIY Will can be challenged and contested. Examples of problems with DIY Wills Here are some examples of how common Will problems can have massive consequences for loved ones: Will validity issues One person witnesses the Will. Two people need to witness the signing of the Will. If they don’t do so, then the Will isn’t valid. One or both witnesses to the signing of the Will did not see the Will maker sign his or her Will. If the Will is challenged, its failure to be properly executed could render it invalid. Two people witness the Will, but one of the witnesses (or their husband, wife or civil partner) is left a share of the estate or a legacy in the Will. Although the Will is legally valid, the gift to the beneficiary (or their spouse or civil partner) is void. Not all the assets are included in the Will The Will writer assumed that their jointly owned family home would pass by their Will. That will not occur if the family home is owned as joint tenants and the joint tenancy was not severed. The deceased’s share in the family home will pass to the surviving co-owner, whatever the terms of the Will. The Will writer thought their pension fund monies would go to a loved one under the provisions in the Will, but the scheme rules say that the pension fund passes by nomination rather than through the provisions in a Will. The wording in the Will has unintended consequences The Will leaves the family home or business to a beneficiary, but at the date of death, the family home or business has already been sold. The beneficiary isn’t entitled under the terms of the Will to the sale proceeds of the family home or business. The beneficiary may therefore end up with nothing whilst the person writing the Will thought they were leaving their most valuable assets to a named beneficiary. After making various specific gifts to beneficiaries, the Will doesn’t say what will happen to the balance of the estate, referred to as the residue. That could result in a partial intestacy, with some of the estate passing to unintended beneficiaries under intestacy rules. The Will does not say who will receive a gift or the residue estate if the named beneficiary dies before the person writing the Will. The gift will not go to the intended beneficiary's nearest relative and instead will fail. This will increase the size of the residuary estate. If the person who is gifted the residue of the estate passes away before the Will maker and there is no substitute beneficiary named in the Will, then the residue of the estate will pass in accordance with the intestacy rules In addition, with a DIY Will, a Will maker might not carry out any inheritance tax planning as part of their Will preparation. Not taking this step could mean the difference between the estate paying no inheritance tax or thousands in inheritance tax. These are just a few of the things that can go wrong when you choose to write your own Will. Sadly, it is often not until it is too late, and someone has passed away, that friends and family learn of the unintended consequences of a poorly prepared do-it-yourself Will, and the emotional and financial costs of trying to rectify problems or deal with inheritance disputes and challenges to the Will. Using a Will Solicitor to write your Will Sometimes people put off seeking advice on writing a Will because they think their financial or personal circumstances may change, and they do not want to keep changing their Will. That is normally not necessary, as a Will can provide for the birth of future children or grandchildren (they do not need to be specifically named) and can be made in contemplation of a forthcoming marriage.    If you are concerned about the cost of getting a professionally drawn up Will, then a solicitor can talk you through the cost. Evolve Family Law publishes a price guide for the services we provide, including the cost involved in preparing a Will or Lasting Power of Attorney for you. Many realise that getting an expert to write a Will is not only not expensive but also provides the security of knowing that your loved ones are properly protected. Contact Evolve Family Law for help writing your Will.

Some people don’t like to admit that they are in an emotionally abusive relationship. Others recognise that their partners' actions are abusive, but they are uncertain about what they can do about it. In this blog, our Northwest divorce solicitors look at what you can do about emotional abuse in your marriage.   Call Evolve Family Law or complete our online enquiry form. What is emotional abuse? Even family lawyers find it difficult to define emotional abuse. Unlike physical violence, there is no unmistakable slap mark, bruise or fracture. The effects of emotional abuse are subtle, but they can be as damaging as physical abuse. Emotional abuse is the exertion of control through the manipulation of emotions. It isn’t typically a one-off experience; it's usually a slow and invidious process until you reach the point where you no longer have the strength to recognise the behaviour as abusive, the ability to call out the abuse or leave the relationship. Sometimes it can take seeing your partner start the same pattern of emotional abuse with your child to trigger the decision to do something about the abuse in your relationship. Emotional abuse is best described by the actions it involves: Constantly belittling you. Controlling your actions. Restricting access to friends and family. Examples of emotional abuse in a marriage When friends or relatives see your spouse as loving and attentive, it can be hard to explain that there is another side to the relationship. The best way for family members and others to understand why you need help is to give examples of the emotional abuse, such as: Being told you are a fool or stupid. Questioning your sanity if you disagree with them. Controlling what you can wear or eat. Restricting access to family or friends. Telling you that their behaviour and their control over what you can do is for your own good. Emotional abusers can temper their control and abuse with gifts and kind words, thus presenting to the world as a caring spouse and giving you hope that they have changed or making you think that they can’t help their behaviour because they love you so much. This type of abuse is so subtle and powerful that people from all walks of life can find themselves caught up in an abusive relationship and not know how to get help. Getting help with emotional abuse in a marriage If you have experienced emotional abuse during your marriage, then speaking to a family law solicitor is a good starting point. A family lawyer will not tell you to get divorced. The solicitor will listen and then explain your rights and options. Your options may include: Couple counselling. Individual therapy. A trial separation. Applying for a non-molestation order or occupation order. Starting no-fault divorce proceedings. The option that is right for you and your children will depend on whether you think counselling will work, or the extent of the abuse, or its impact on your children. A lawyer can give you information on financial settlements and likely parenting arrangements after a separation or divorce to help you make an informed decision on what action to take. [related_posts] Injunctions and emotional abuse People often say they do not think they can apply for an injunction order because they do not see themselves as a victim of domestic abuse, or do not think they would be believed. Sadly, for many husbands and wives, their spouse’s emotional abuse can become part of their daily life, so they become inured to it. Often, it is when their partner’s behaviour has turned on the children that the behaviour is seen for what it is: emotional abuse. If you have experienced any form of abuse, you may be able to apply for a non-molestation order or an occupation order.  A non-molestation order says that your partner must not abuse you. The injunction can be enforced if it is breached. An occupation order allows you to live at the family home until the family court decides whether the property should be sold or transferred to you or to your spouse. Depending on the level of abuse and other factors, the court may allow your spouse to live at the family home with you until it makes a financial court order, or the court could grant you an occupation order and make an ouster order to oust your spouse from the property temporarily until a long-term decision is made about how your assets will be divided between you. Divorce proceedings and emotional abuse Some people feel stuck in their marriage because they do not think that they can get divorced unless their spouse will accept that he or she committed adultery or they have evidence of their spouse’s unreasonable behaviour. This is no longer the case. Fault is no longer central to divorce proceedings in the English family court. With the introduction of no-fault divorce proceedings, you no longer have to state in the divorce application that your spouse behaved unreasonably and cite emotional abuse or other forms of domestic abuse, or say that your spouse had an affair. Instead, you can apply for a divorce if you think your marriage has irretrievably broken down. Your spouse’s opinion on the state of your marriage doesn’t matter, as it is your opinion that counts. Your spouse cannot object or defend the divorce proceedings on the basis that they don’t want a divorce, and there is no requirement to explain the reasons for the marriage breakdown in the divorce application. Although a spouse has very limited grounds to oppose a divorce, an emotionally abusive spouse can try to stop you from starting divorce proceedings by threatening to apply for custody or full-time care of the children or by saying that you are financially tied to them because if you divorce you won't find their assets or you won't get anything as the judge will let them stay in the family home and care for the children. Advice from a family lawyer can help you understand the law and your rights. Family law advice and emotional abuse Family law solicitors say it is important to take time to reflect on your partner’s behaviour and to assess whether what you have experienced is emotional abuse. You then need to consider if there is any realistic prospect of your spouse recognising their behaviour as abusive and doing something to change their behaviour. An experienced and understanding family law solicitor will talk you through your options. Importantly, they won’t try to control your decisions or tell you what you must do. However, they can guide and support you, whether you choose to stay with your partner or decide that separation or divorce is the best option for you and your family.   Call Evolve Family Law or complete our online enquiry form. Our latest blogs