Family Law Articles & Advice

When you separate from a husband or wife you need to reach an agreement over what happens to the house and to decide how your assets are split. Until you do so your life can feel in limbo. Our North West divorce solicitors focus on helping you reach a financial agreement that meets your needs. One way to do that is through a private financial dispute resolution. Family lawyer, Robin Charrot, explains what a private financial dispute resolution is and why it may be the best solution for you. For family law advice call our team of specialist divorce lawyers or complete our online enquiry form. What is a financial dispute resolution hearing? A financial dispute resolution hearing is a stage in the financial settlement court process. Financial court proceedings follow a set path timetabled by the court: Financial application sent to court by the husband or wife The court issues the financial application and provides a court timetable Form E financial disclosure by the husband and wife First directions appointment hearing – a preliminary hearing Court-ordered valuations, reports and further financial disclosure is obtained Financial dispute resolution hearing – a settlement hearing Final hearing (if required) Step six, the financial dispute resolution (FDR) is a court or judge-led settlement hearing. The FDR judge hears legal submissions from the representatives of the husband and wife. The FDR judge then says what they think a judge at the final hearing might order if the application had to go to the expense of a final hearing. The financial dispute resolution hearing is designed to encourage a husband and wife to reach a financial settlement. Their financial agreement is made into a binding financial consent order by the FDR judge. You cannot be forced into reaching a financial agreement at a court FDR. However, it may be in your best interests to do so to save money and to avoid the risk of your ending up with less after a final hearing. A negotiated compromise ensures that you walk away from court with a financial settlement that you are satisfied with rather than one that a judge imposes on you after hearing evidence at a final hearing. If divorce lawyers can't negotiate an acceptable financial settlement for you at the FDR, they ask the FDR judge to list the financial application for a final hearing. The final hearing won't be listed before the judge who gave their settlement views at the FDR hearing. Any offers or concessions made at the FDR hearing cannot be brought to the judge’s attention at the final hearing. Do you need a court financial dispute resolution hearing to reach a financial settlement? You only need to start financial proceedings if you can't reach a financial agreement amicably. Ways to reach an agreed financial settlement include: A private financial dispute resolution arranged outside of the court process Solicitor negotiations Roundtable meeting Family mediation Arbitration Using the One Lawyer Service at Evolve Family Law Reaching an agreement using collaborative law Direct discussions between husband and wife A family law solicitor can briefly discuss each option and recommend the one they think would be best for you. For example, if your ex won't give financial disclosure the recommendation will be to start financial court proceedings as the court can order financial disclosure and enforce the order. What is a private financial dispute resolution? A private financial dispute resolution is like a court-based financial dispute resolution hearing but instead of waiting for a court date, the FDR takes place with a private judge (a jointly appointed barrister) in their chambers or at another agreed venue. In a private FDR, you and your husband or wife pay privately for the services of the FDR judge. In addition to these fees, you also pay the cost of your divorce solicitor and any barrister instructed on your behalf. [related_posts] Preparing for a private financial dispute resolution You and your family law solicitor need to be well prepared for the private FDR to ensure that it has the best chance of helping you reach a financial settlement. This is achieved through: Financial disclosure by husband and wife Asking any extra relevant questions about the financial disclosure and getting answers Any necessary valuations obtained. For example, a valuation of the family home, business or pensions Any necessary reports obtained, such as on the tax implications of the sale or transfer of assets Checking things like your housing needs, mortgage capacity, job prospects or other relevant factors Looking at what you want to achieve from the private FDR so you go to it understanding the FDR process and knowing what you are prepared to compromise on and what your ‘bottom line’ is What are the advantages of private financial dispute resolution over a court FDR hearing? The advantages of a private FDR are: A private FDR is quicker than a court FDR hearing. Court delays and backlogs mean there could be a substantial wait for a court hearing date. You may want to reach a decision quickly so you can sell the family home or shares in a family business A private FDR is more civilised. At court, you may be negotiating outside the courtroom in the corridor because of a lack of interview rooms or feel rushed because the FDR judge has several other cases. That doesn’t happen with a private FDR. Improved facilities and time together with separate consultation rooms improve the prospects of your being able to reach a financial agreement With a private FDR the divorce solicitors select the FDR judge. At a court-based FDR, you will be allocated a judge to hear the FDR. The judge at a court FDR may not have specialised in family law before becoming a part-time or full-time judge. In a private FDR, your divorce lawyers jointly select the person who will conduct the private FDR. This can be particularly helpful if there are complex aspects to your financial settlement or if you need your private FDR judge to have experience in a particular area of family law What happens if you reach an agreement at a private financial dispute resolution? If you reach a financial agreement over how to divide your assets at a private FDR your family lawyer will either prepare a document called a ‘heads of agreement’ or a draft financial court order. The financial consent order will be sent to the family court for approval together with a financial statement of information. The statement of information gives the court sufficient information for the judge to decide whether to make the requested order. The court normally makes the agreed order without raising any questions and without the need for a court hearing. Why do you need a financial court order after reaching an agreement at a private FDR? You need a financial court order from the court after reaching an agreement at a private FDR for several reasons: If your agreement includes pension sharing the pension administrator will require the sealed court order and final order of divorce before they can implement the pension sharing order Some mortgage companies need a copy of a court order before they will agree to remove one spouse’s name from the mortgage. Alternatively, the mortgage company may require the order as proof that one spouse is receiving spousal maintenance and therefore has sufficient income for their planned borrowing If the agreement cannot be implemented you need a financial court order to be able to apply to court to enforce what was agreed If you have questions about financial settlements after a separation or divorce our specialist Northwest divorce solicitors can help guide you to reach a financial settlement and secure a financial court order. For information on private financial dispute resolution hearings or advice on divorce or family law call our team of specialist divorce lawyers or complete our online enquiry form.

Although the Child Maintenance Service uses a mathematical formula to calculate child maintenance many parents prefer to negotiate child support and want to know how overnight stays affect child maintenance. In this article, our North West family law solicitors look at how overnight contact affects the amount of child support under the Child Maintenance Service rules. However, child maintenance solicitors who are negotiating child maintenance on behalf of parents don’t have to stick rigidly to the CMS rules as a parent may want to agree to child maintenance payments as part of an overall divorce financial settlement and parenting arrangement. For family law advice call our team of specialist divorce lawyers or complete our online enquiry form. Equal day-to-day care of a child There is no child support liability under Child Maintenance Service rules if there is shared equal parenting. That’s the case even if one parent earns double or triple the amount of the other parent. If the parents are married the court can order spousal maintenance. The court can also award the lower-earning parent more equity in the family home to help them rehouse themselves. The parents can also negotiate and agree that child support will be paid despite the child’s care being shared. If parents are unmarried the court cannot order spousal maintenance. The court also cannot divide the equity in the family home in a way that it thinks is fair in an unmarried parent property dispute. Instead, the court must use property and trust laws when working out how the equity in an unmarried property dispute will be split or the judge can use Schedule 1 of the Children Act to provide a home while the children are dependent. When the court is asked to make a child arrangement order and one parent wants equal care and the other parent is opposed to shared parenting the court makes its decision based on its assessment of what contact arrangements are in the best interests of the child rather than purely on the impact of overnight contact on child support. The impact of overnight contact when care isn’t equally shared Under the Child Maintenance Service rules if a parent has overnight contact their child support liability is reduced as follows: Overnight contact    Reduction in the amount of child support  52 nights per year     1/7th 104 nights per year   2/7ths 156 nights per year   3/7ths 175 nights per year   50% The overnight contact rule throws up some odd consequences. A parent can look after their child all day but they don’t get a reduction in their child support payments unless the child stays overnight with them. The overnight contact is calculated by reference to a year rather than a week or month as a shorter period might give a misleading picture. Parents should keep a record of overnight contact if they are concerned that the annual amount of contact might tip over into the next level of reduction in child support. That way there is some evidence if there is a dispute. If you have more than one child and there are different overnight contact arrangements you need to record both arrangements. The annual overnight contact figure includes holiday contact. That applies whether the parent takes the child away on holiday or stays at home on a staycation. [related_posts] What does child maintenance cover? Child maintenance is meant to cover the cost of caring for a child. That isn’t just the child’s food and school uniform costs but also a share of the cost of housing (mortgage or rent), heating and all the associated household expenses, such as water rates or TV licence. The Child Maintenance Service doesn’t work out a fair division of the cost of caring for a child. Instead, it uses its mathematical formula. Parents paying child support and parents receiving child maintenance often perceive this formula as unfair and very arbitrary. For example, a mother looking after a child as the primary carer has the same monthly mortgage payment whether her ex-husband has overnight contact on 155 or 157 nights per year but his having two extra nights of overnight contact a year could make a big difference to the amount she receives in child support and to her ability to pay her bills. Likewise, a father who only gets to see his children on 103 nights per year as his ex-wife has moved hundreds of miles away still has to pay for a house that’s big enough to comfortably house the children when they come to stay with him. The father will still be liable to pay child support even if he is the lower earner and even though he didn’t agree to his ex-wife’s decision to move away with the children. Although child support is meant to cover all the things children need, child maintenance lawyers are frequently told that a parent objects to paying child maintenance because the money given as child support appears to be being spent on the receiving parent’s clothes and activities and not on the children. There is no requirement for the receiving parent to provide evidence that the child support payment is being spent solely on the child and their living costs. What things affect child maintenance? The amount payable in child maintenance isn’t just affected by the level of overnight contact. If the paying parent decides to make voluntary extra pension payments this reduces their gross income on which the child maintenance calculation is made. That policy seems to prioritise long-term retirement goals over the child support needs of children. Other criticisms of the child support system include the deductions allowed if a paying parent has other children living in their household. The rigid formula approach takes no account of the fact that the parent receiving child support can end up with a sudden reduction in child maintenance because of family decisions made by the paying parent. Negotiating child maintenance Most family lawyers see the child maintenance formula as a useful starting point. If parents want to negotiate child support so the figure is higher or lower, the child maintenance solicitors' focus should be on ensuring that the agreement reached is fair and workable. That involves reality testing your divorce financial settlement so you know that the full financial deal stacks up from the share in the equity in the family home to the split of pensions and of course spousal maintenance and child support. Your agreement then needs to be incorporated into a binding financial court order so you can enforce it if necessary. For family law advice call our team of specialist divorce lawyers or complete our online enquiry form.

Statistically around half of marriages end in divorce in the UK. The information from the Office for National Statistics doesn’t tell the whole story though. Our North West family law solicitors answer your questions on marriages ending in divorce in the UK. For family law advice call our team of specialist divorce lawyers or complete our online enquiry form. The ONS marriage and divorce statistics in the UK The Office for National Statistics is the place for reliable marriage and divorce data. The website reveals that: In 2021, there were 113,505 divorces granted in England and Wales The divorce rate increased by 9.6% increase compared to the figures for 2020 Divorce rates in 2021 were 9.3 for men and 9.4 for women per 1,000 of the married population. These figures include same-sex marriages In opposite-sex couples in 2021, females were more likely to start divorce proceedings than men. Just over 63% of divorce applications were started by women For opposite-sex divorces in 2021, the average duration of marriage at divorce was 12.3 years For couples married in 2011, less than 1 in 5 marriages end in divorce by the 10th wedding anniversary Should we rely on the 2021 ONS divorce data? The problem with relying on the ONS data is: The latest figures are for 2021 and not 2024 The ONS statistics are for marriages but a large percentage of the population are in cohabiting relationships. Statistics for cohabitation relationship breakdown are not recorded The headline data figures do not show regional variances but in the North West of England the place with the highest divorce rate in 2021 was Blackpool The headline statistics of 113,505 divorces in 2021 do not indicate if the divorces were first, second or third marriages Family court statistics Family court statistics give us some statistical information for 2024. The family court figures for the period January to March 2024 reveal there were: 27,908 divorce applications made, equating to an 11% deduction from the same period in 2023 21,662 final orders of divorce granted, equating to an increase of 19% from the same period in the previous year Starting divorce proceedings in 2025 Although the historical 2021 statistics show a rise in divorce proceedings the reality is that if you are in the difficult position of applying for a divorce in 2025 then the statistics will mean very little to you. Your focus will be on navigating your divorce. With the introduction of no-fault divorce, the court proceedings are streamlined and less adversarial. You no longer have to say that your ex-spouse behaved unreasonably or committed adultery. However, a divorce still takes around six months to obtain. That’s because court rules require gaps at two stages in the divorce process to give time for reflection. Those gaps can't be avoided. Two of the main divorce stressors are not the decision to start divorce proceedings but: Reaching an agreement on the parenting arrangements for your children Dividing your assets, reaching a financial settlement and obtaining a financial court order Our divorce solicitors can guide you through the no-fault divorce process. We can also help you reach a parenting agreement and financial settlement. It's important that the childcare arrangement is recorded in a parenting plan and your financial settlement gets converted into a binding financial court order. Reaching an agreement on parenting or your finances does not necessarily mean that you must apply to the court for a child arrangement order or ask the court to make a financial court order. Our North West family lawyers can help you through: Legal advice in between family mediation sessions Converting a memorandum of agreement negotiated during family mediation into a binding court order Helping you reach an agreement through our one-lawyer divorce service Assisting you resolve parenting or financial issues through family arbitration [related_posts] Divorce consultations You may be worried about the legal aspects of your divorce. Many people have questions about: Should they start the divorce proceedings or allow their spouse to do so? Can they stay in the family home after they start the divorce proceedings? Will the children have to be co-parented on a 50/50 basis and how will that work practically with jobs and other commitments? Will a 50/50 parenting arrangement affect child support? Will spousal maintenance be payable and for how long? Who will keep the family home? Will they be able to get a mortgage on their own so they can buy another house? Can they keep their inheritance, pension or business? Will the prenuptial agreement stop their ex-spouse from making any claims? If the children don’t want to see a parent, will the children be forced by the court into a 50/50 split of their time between both parents' homes? Will the children be able to continue in private education after the separation? Who will have to pay the school fees? Our specialist family lawyers can answer all your questions. We may not be able to answer them all at the first meeting as we may need more information about things, such as the transfer value of the pension or your potential earnings capacity if a situation where you are worried about whether you will be able to get a mortgage or rehouse yourself without spousal maintenance payments. Relationship breakdown initial review At Evolve Family Law, our experts understand that you want and need answers to your questions, including pressing questions about whether your ex will have to pay the mortgage if they leave the family home. We provide a relationship breakdown consultation for a fixed fee. This involves one meeting with a qualified lawyer regarding all legal and practical aspects of your separation and advice. If you decide that you would like us to start divorce proceedings on your behalf there is a separate divorce fixed fee. We also try to offer fixed-fee services for other legal services, such as converting your financial settlement into a binding financial court order or making a new Will after your separation. All our experienced family law solicitors are committed to helping you through your divorce proceedings and assisting you in reaching a parenting agreement and financial settlement as quickly as possible. For family law advice call our team of specialist divorce lawyers or complete our online enquiry form.

There's a lot to think about when you are getting divorced. One of your priorities when separating will be the living arrangements for your children followed closely by your financial settlement and whether you will stay in the family home or get a share of your spouse’s pension or business. Your Will may be low on your list of priorities when you are in the middle of no-fault divorce and financial settlement proceedings. Our Will solicitors understand this but can quickly and efficiently sort out a new Will for you when you are ready to do so. In this article, our Will solicitors explain how a divorce affects your Will and why it's important to prioritise a new Will. For expert Will advice call our team or complete our online enquiry form. Does divorce cancel an existing Will? Divorce does not cancel a Will made during your marriage. However, divorce has an impact on your Will. If you are unaware of the automatic effect of a divorce on your Will you need to speak to a Will lawyer for advice and a new Will. Divorce does not: Revoke a Will made during your marriage Reinstate a Will made before your marriage Leave you without a valid Will – but depending on the terms of your Will all your estate could pass under intestacy rules despite your having a valid pre-divorce Will Divorce does: Leave you with a valid Will but your ex-husband or former wife is treated in law as if they died when the marriage ended by divorce Leave you with no or one less executor if you appointed your former spouse as an executor of your Will Leave all or part of your estate to be dealt with under the intestacy rules if you left all or a share of your estate to your husband, wife or civil partner and you did not say in your Will who would inherit if they died before you Many Wills made during a marriage or civil partnership appoint a spouse as the executor and leave the entire estate or most of it to the spouse or civil partner. This type of Will is worthless after divorce and needs to be updated quickly. Why do you need a new Will when you divorce? Separation or divorce should always trigger a review of your Will. You should not assume that if your former spouse won't inherit under your Will the intestacy rules will allow your preferred family member to inherit your ex-spouse’s inheritance. If you want your children to inherit your estate instead of your former spouse you may need to appoint trustees if your children will potentially be aged under 18 when they inherit. Making a Will allows you to decide the age when your children will receive their inheritance. You may want your children to receive their legacy at age 25 with a clause in the Will to give your trustees the power to advance income or capital to your children for agreed purposes, such as a house deposit or to help fund university fees. If you have a blended family with a new partner and children from previous relationships and step-children it is essential to consider signing a new Will. Under intestacy rules, unmarried partners and stepchildren don’t inherit a share of your estate. If you don’t sign a new Will there's a greater risk of the Will made during your marriage being challenged. For example, if your new partner won't inherit anything because the money left to your ex-spouse in your Will now passes to your wealthy parents under the intestacy rules. A Will prepared by a specialist Will solicitor can reduce the risk of your Will or the intestacy provisions being subject to an estate challenge and court claim alleging that reasonable financial provision was not made for a claimant. [related_posts] Can an ex-spouse claim a share of the estate even though they no longer inherit under the old Will made during the marriage? Depending on the financial settlement reached with your former spouse an ex-spouse can potentially claim a share of your estate by saying the Will and the intestacy rules don’t make reasonable financial provision for them. Ex-spouses can potentially make a claim on the estate if you did not obtain a clean break financial court order. In many divorce settlements, a clean break financial court order is inappropriate. For example, when there are young children or after a long marriage and there isn’t enough capital or equity in the family home to achieve a clean break. The court order may therefore include spousal maintenance. To reduce the risk of litigation against your estate your Will solicitor can advise you on how best to prepare a new Will. For example, you could include a trust in your Will and write a letter of wishes to your trustees so they have your guidance but the trustees can exercise their discretion to resolve an estate claim as cheaply as possible. The ability to settle a claim leaves more of your estate available for your intended beneficiaries. At Evolve Family Law our Will solicitors will ensure you get estate planning advice that is tailored to your personal and financial circumstances and are happy to advise if you think your existing Will needs reviewing because of a separation, divorce, new relationship, remarriage or a change in your beneficiary’s circumstances. For expert Will advice call our team or complete our online enquiry form.

It's beyond frustrating when you know your child wants to live with you or spend longer with you but no one is listening. Our North West family law solicitors are asked whether parents can secretly record their children and use the video clip as evidence in court. If you need help with sorting out custody or contact our experts can advise you on a child arrangement order application and represent you. For family law advice call our team of specialist divorce lawyers or complete our online enquiry form. Should I record my child saying they want more contact? If you are separated and your ex-partner is adamant your child says they don’t want to spend more time with you it is tempting to prove your ex wrong. You may want to openly or covertly record your child’s views on their living arrangements. Here are five reasons why it’s not a good idea: Your ex-partner won't believe the recording Your former partner will say you manipulated your child Your child will be told you can't be trusted Your ex-partner may stop the contact you currently have Your ex will bring up the fact that you recorded your child if you make a child arrangement order application Can I secretly record my child and show the recording to the CAFCASS officer? Some parents are tempted to covertly record their children because the referral to CAFCASS seems slow. That’s because, according to CAFCASS statistics, between April 2023 and March 2024 the organisation received 39,661 children’s private law referrals. If you have applied for a child arrangement order and you are getting a bad vibe about what the CAFCASS Section 7 report may say then don’t make the situation worse by secretly recording your child saying that they want to live with you or spend more time with you. If you tell a CAFCASS officer that you have a recording they will want to disclose that to the court and the other parent. The recording may flag up safeguarding concerns. For example, was the child coerced into saying what they said or manipulated? The recording may also raise trust issues. Can you be trusted not to record what the other parent says to you or your meetings with the CAFCASS officer? Can I use a recording of my child as evidence in a child arrangement order application? Let's set the scene. The CAFCASS officer has filed a Section 7 report in your child arrangement order application. The CAFCASS officer says your son does not want extra contact with you. You don’t agree and have recorded your son saying they want to spend every minute of every weekend with you. It’s a cute video. When the CAFCASS officer gives evidence in court you plan to play her your covert recording. It reads like one of those TV court moments. What we can guarantee is: The judge will be unimpressed by your actions and The CAFCASS officer won't say in the witness box that the recommendations in their report are wrong Your actions may mean that you end up with less contact than the judge might otherwise have ordered. When can I use a covert recording of my child in a child arrangement order application? A covert recording can rarely be used in a child arrangement order, specific issue order, prohibited steps order or relocation order application. The reason why CAFCASS officers are asked to prepare a court report on your child’s wishes and feelings is so they can independently find out your child’s views on living arrangements and make recommendations. If you secretly record your child and ask to use the recording as evidence the judge will decide whether to allow you to do so. They make their decision based on previous case law and guidance issued by the Family Justice Council. If I can't use a recording, can I ask the judge to meet my child? It is rare for the judge to meet with a child because: It is thought that going to court is stressful for children The child doesn’t get to decide on the child arrangement order application The CAFCASS officer's job is to relay your child’s wishes to the court If the judge does decide to see an older child, the judge will normally meet them in a private room and not in the courtroom. Neither parent will be present at the meeting although the judge will relay the gist of what the young person said. [related_posts] If I can't use a recording of my child, how can I involve them in sorting out their living arrangements? Understandably parents and older children can get frustrated if they think they are not being listened to. Equally children of any age should not think that if they say what they want to do then that’s what will happen. Their preferred residence or contact plans may not be suitable for either parent or fit in around parental work schedules. There are lots of ways your child can get involved in working out the best post-separation living arrangements: Family discussions Family mediation Being made a party to the court proceedings Family discussions only work if you and your ex-partner can have a civil discussion. If not, it isn’t fair to involve your child in direct discussions. Family mediation can include an older child but the mediator must be qualified in this type of mediation. It can work well if you have a teen - although neither you nor your ex-partner may like what your child has to say. When child arrangement order proceedings are started, either parent can ask the judge to order that the child is joined as a party to the court application. It's rare for the court to agree to this request other than in complicated situations or where the court thinks that neither parent is saying what the child wants. Why should I not video-record what residence and contact arrangements my child wants? Covert video recordings may appear the simple solution when you and your ex can't agree on what your child wants but: Your child’s wishes are not the only factor in deciding living arrangements Court guidelines and caselaw are against it Recordings can be counter-productive You may be found to be manipulative and controlling Before you decide to record your child either openly or covertly speak to a children law solicitor so you understand the implications and what it could mean for you in your battle to get to see more of your son or daughter. For family law advice call our team of specialist divorce lawyers or complete our online enquiry form.

When you split up from your husband or wife you need a financial settlement and a financial court order. A financial settlement can be negotiated or decided on by a judge if you cannot reach an agreement. Whether you reach a financial settlement by agreement or after issuing financial court proceedings it's essential to understand your financial settlement legal costs. In this blog, our North West family law solicitors explain financial settlement costs. For family law advice call our team of specialist divorce lawyers or complete our online enquiry form. How much should a divorce cost? Your no-fault divorce is normally an agreed fixed fee. Divorce solicitors can offer you a fixed fee divorce because there is a standard procedure to follow to help you secure your divorce. In addition to your no-fault divorce legal costs, you may have additional legal fees: Financial settlement Legal advice on living arrangements for your children Injunction costs if there has been domestic abuse in your relationship How much should a financial court order cost? It is impossible to offer everyone one fixed legal fee for a financial court order because there are so many variables, such as: Your ex-partner won't give financial disclosure Your former spouse is hiding assets Your ex won't sensibly negotiate If you can reach a financial settlement our divorce solicitors may be able to offer a fixed fee financial court order. If you can't agree on how assets are split our specialists will give you a cost quote for court representation based on what we know about the complexities of your family finances. What is a fixed fee financial court order? A fixed fee financial court order is when your financial settlement lawyer has agreed to obtain a financial court order for you at a fixed cost. That’s normally where you have reached a financial agreement through: Solicitor negotiations Family mediation Direct discussions Fixed fee financial court orders at Evolve Family Law At Evolve Family Law we offer three types of fixed fees for financial court orders. The financial court order fixed fees reflect the amount of work involved in securing your financial order: Tier 1 – an agreed financial settlement without complicated assets Tier 2 – an agreed financial court order with more complex assets, such as a pension share Tier 3 – bespoke fixed fee quote as your agreed financial settlement involves a trading family company or there are international assets Our divorce solicitors can explain the fixed fee for your financial court order so you know how much you will spend in total fixed fees for your no-fault divorce and agreed financial court order. Why can't I get a fixed fee for representation in financial proceedings to obtain a financial court order? If you haven’t been able to reach a financial settlement with your husband or wife then one of you may need to apply to court for a financial court order. Every financial application is different but normally there are three financial court hearings: First directions appointment Financial dispute resolution hearing Final hearing Some couples have extra financial court hearings, such as: Injunction application to stop your spouse from transferring or selling assets Interim spousal maintenance because temporary maintenance can't be agreed Extra financial disclosure hearing because your ex refuses to disclose all their assets Third-party involvement such as parents with a financial interest in the family home or the trustees of a discretionary trust [related_posts] Why don’t divorce solicitors offer fixed fees for representation in financial court proceedings? It's hard to offer a fair fixed fee for representation in non-agreed financial court proceedings because there are so many variables, such as: Time to investigate if assets are complex such as family businesses or discretionary trusts Time for final hearings as the final hearing could be a day or a week in length The amount of paperwork as the documents to check can run to hundreds or thousands of pages The need for experts such as pension actuaries, forensic accountants or barristers Fixed fees may not be fair to you when there are so many unknowns. For example: You and your ex may settle at the first court hearing Things may not be as complicated as they first appeared At Evolve Family Law we provide a financial settlement cost quote based on the information you give us. That quote is based on our hourly published charges. The fees can be broken down into stages and court dates. The fees can be reviewed as your financial court proceedings progress. For example, if you need to apply to court to enforce a financial court order. Understanding your divorce and financial settlement legal fees Our divorce solicitors believe it’s important to understand your legal fees. That way you can help keep them under control. Judges sometimes warn warring husbands and wives that they are at risk of spending too much on legal fees. In the recent case of LI v FT (Maintenance Pending Suit: Costs) [2024] EWFC 342 (B) (19 July 2024) the judge pleaded with a divorcing couple to rein in their legal spending before they ran out of money. This case is an extreme example as the couple had spent £40,000 in fees in a month and could not continue to afford that level of legal expenditure despite the husband's annual salary of £350,000 plus bonuses. The judge said every pound the couple spent fighting each other was a pound that would no longer be available for them and their children. That’s something important to remember as while you don’t want to be a push over you also don’t want your divorce solicitors to be the only winner in your battle to get a fair financial settlement. At Evolve Family Law our divorce solicitors welcome inquiries to discuss how we can help you secure an agreed financial court order or represent you in financial proceedings and to give you information about costs and timescales. For family law advice call our team of specialist divorce lawyers or complete our online enquiry form.  

The Family Justice Council has issued new guidance for family courts in England and Wales on alienating behaviour and parental alienation. The new guidance follows an increase in accusations of alienating behaviour to counter allegations of domestic abuse in child arrangement order applications. Our North West family law solicitors can help if you are a separated or divorced parent and unable to agree on the parenting arrangements for your children. We can explain the court process and the non-court-based resolution options and advise you on the impact of allegations of domestic abuse and/or alienating behaviour on custody and contact arrangements. For family law advice call our team of specialist divorce lawyers or complete our online enquiry form. The Family Justice Council guidance on alienating behaviour The 2024 Family Justice Council (FJC) guidance guides courts, family law professionals and parents on: The terminology to use where there are allegations of alienating behaviour The court process How the courts should consider allegations of domestic abuse and alienating behaviour The use of experts where allegations of alienating behaviour are made Listening to children and assessing their welfare needs Key points from the Family Justice Council guidance: There are three key points from the FJC guidance: Domestic abuse should not be equated with parental alienation A child’s reluctance to see a parent does not mean they have been subject to parental alienation without evidence and a court finding of alienating behaviour Findings of alienating behaviour will be rare New terminology from the Family Justice Council guidance on alienating behaviour The guidance suggests the use of the following terminology by courts and family law professionals: Attachment, affinity and alignment (AAA) – why children may not want to spend time with one parent or reject a parent. These reasons are not due to psychological manipulation by a parent or alienating behaviour but just a child’s emotional response to their experience of being parented Appropriate justified rejection (AJR) – where a child not wanting to spend time with one parent is considered an understandable response to the parent’s behaviour. The behaviour could be directed to the child or other parent. For example, if the child has witnessed domestic abuse towards one parent Alienating Behaviours (AB) – psychologically manipulative behaviours (whether intentional or not) by a parent towards a child that results in the child’s reluctance, resistance or refusal to spend time with the parent Protective Behaviours (PB) – behaviour by a parent to protect the child from exposure to abuse by the other parent, or from suffering harm or additional harm because of the other parent’s abuse. For example, if a parent has unresolved anger management or addiction issues that affect their parenting Reluctance, resistance or refusal (RRR) – behaviours by a child over contact and their relationship with a parent and the reasons for the reluctance, resistance or refusal to see one parent may be due to a variety of potential causes [related_posts] Making allegations of alienating behaviour in child arrangement order proceedings The new FJC guidance does not stop allegations of alienating behaviour being made by a parent unable to see their child or where they only have limited contact. However, the guidance does try to stop the practice of an allegation of alienating behaviour being made in child arrangement order applications where an accusation of domestic abuse has been made as an almost automatic counter to the initial allegation. If a parent has engaged in alienating behaviour the person alleging the alienating behaviour needs to show that: The child is reluctant, resisting or refusing to engage in a relationship with you The child’s reluctance, resistance or refusal is related to the other parent's actions. If the child doesn’t want to see you for different reasons, then this is either called ‘’appropriate justified rejection’’ (AJR) or down to ‘’alignment, affinity or attachment’’ (AAA) The other parent has engaged in behaviours that have directly or indirectly impacted on the child, leading to the child’s reluctance, resistance or refusal to engage in a relationship with you If you think your child has been encouraged to reject you and to refuse contact with you it is important to say this at the outset of your child arrangement order application. This means the court can: Consider which type of family court judge should decide your child arrangement order application The type of involvement and report needed from CAFCASS If there is a need for a separate finding of fact hearing and other case management issues The need for expert evidence The later you raise these allegations in the court process the harder you may find it to get the court to conclude that it is necessary and proportionate to fully investigate your concerns. Responding to allegations of alienating behaviour in child arrangement order applications If you are a parent accused of alienating behaviour it’s important to talk to a specialist family law solicitor who can explain the court process, your non-court resolution options and the best strategy to deal with the accusations of alienating behaviour. This strategy will depend on whether you are the parent of a stroppy teenager who doesn’t want to spend much time with either parent or a clingy two-year-old who likes their routine and home comforts or a football/ballet-mad eight-year-old who doesn’t want to miss out on matches or performances. Whatever your family circumstances or child’s age our children lawyers can help you if you are a separated or divorced parent unable to agree on the parenting arrangements for your children and in a dispute over the reasons why a child does not want to spend time with one parent. For family law advice call our team of specialist divorce lawyers or complete our online enquiry form.

When you are a separated parent you need to know how much you will be receiving or paying in child support. Otherwise, how do you know if you can afford your mortgage or rent payments or if you can book to take your child on holiday? Whether you think the child maintenance payments are too high or too low there is some benefit in knowing there is a fixed amount payable. However, our Northwest family law solicitors are asked about when child maintenance can be recalculated and varied. For expert family law advice call our team of specialist divorce lawyers or complete our online enquiry form. Can child maintenance be varied? Child maintenance can be varied. How and when you go about doing so depends on how the payments are made. The payments could be through: Voluntary payments – called a family based agreement Child Maintenance Service with the Service either just carrying out the assessment or assessing the figure and sorting out the payments Family court order Who can ask for child maintenance to be changed? The person paying the child support or the parent receiving it can ask for the level of child maintenance to be changed. For example, the parent paying child support is entitled to ask for child maintenance to be reviewed if: Parenting arrangements change. For example, if the child moves to live with them, the arrangements are changed to shared parenting or if there is an increase in overnight contact visits Income changes. For example, they lose their job, overtime payments or other sources of income Personal or financial circumstances change such as moving in with a partner who has children, having another child, separating from a partner and being assessed as liable to pay child support for other children, increasing pension contributions Sometimes the parent paying child maintenance thinks a review of child support is justified when under the child maintenance rules it isn’t. For example, if the parent who receives the child support: Starts a new relationship and their partner moves in so the parent is getting help with their bills Has a change of financial circumstances such as getting a promotion at work, a better paid job or inherits money Stops child contact without good reason but expects child support to still be paid Uses the child maintenance money in a way that the payer is unhappy about. For example, the parent looking after the children going off on annual holidays without the children or appears to spend the child support on their own clothes and hobbies rather than on the children [related_posts] Can a parent request a review of child support? A paying parent or a parent receiving child support can always ask for a review of child support where the child maintenance is being paid voluntarily. Child support will not normally go up by inflation unless that is how you agree to increases in child support. If you have been using the Child Maintenance Service formula to calculate the maintenance payable for your child it is usual to review the amount based on any changes to the paying parent’s gross income and any other relevant changes, such as the frequency of overnight contact. Will the Child Maintenance Service carry out a child support review? The Child Maintenance Service will carry out an annual review of an earlier child support assessment to see if the child maintenance figure should go up or down. A request can be made for an earlier review but the Child Maintenance Service will normally only undertake the review if there has been a change of 25% or more in the paying parent’s gross income or other limited situations. Will the court vary the amount of child support payable? The court can only make a child support order for a biological child in limited circumstances. If the child support is for a stepchild the Child Maintenance Service does not have jurisdiction and a court order can be made and varied. In most cases, where the court order is for child maintenance for a biological child, once the court order is over 12 months old you cannot apply back to the court to vary or enforce it. What happens if I need more financial support? If you need more child support than the child maintenance calculation provided by the Child Maintenance Service (or after you have carried out your own online calculation) then provided you were married or in a civil partnership with the child’s biological parent you can ask for spousal maintenance in addition to the child support. You won't be able to ask for spousal maintenance if: You were not married or in a civil partnership with the child’s other parent You agreed to a clean break financial court order as part of your divorce financial settlement You have remarried What happens if I can't afford child maintenance? If you can't afford to pay child support you can negotiate a reduction if you are paying voluntarily or you can ask the Child Maintenance Service to conduct a review based on a change in your circumstances. If your gross income has not changed but your outgoings have increased this will not change the amount payable by you in child maintenance other than in limited circumstances. For example, if your mortgage payments have gone up your child support payments stay the same unless there has been a change in your gross income. Legal advice and child support Asking for a review of the amount of child support can make the relationship between separated or divorced parents more difficult. However, the amount paid in child support must be kept under review as the figure will need to go up or down as income levels change. Our family law solicitors can help you negotiate child support as part of your divorce financial settlement or we can help you review the amount of child maintenance payable when financial or contact arrangements change. For friendly expert family law advice call our team of specialist divorce lawyers or complete our online enquiry form.