Family Law Articles & Advice

According to the latest research, women face a bigger income drop than men in the year after their divorce. Our family law solicitors look at the latest research and explain how the structure of a financial settlement and childcare arrangements can affect your post-divorce income.   Contact Evolve Family Law for Specialist Family Law Advice.   Research into the impact of divorce on incomes The latest research from Legal & General reveals that on average, women see their income fall by 50% in the year following their divorce.  In contrast, men’s incomes fall by 30% in the year following the divorce. L&G refer to this as the divorce gap. The L&G research goes deeper and reveals that: Nearly a quarter of women (24%) felt financially vulnerable after their divorce. Nearly a fifth (19%) of women struggled to pay their bills. 13% of women are concerned about the financial implications of retiring alone. How about the men? Only 16% of men felt financially vulnerable, and only 10% of men struggled to pay essential bills. 8% of men were more concerned about their retirement plans and retiring alone after their divorce. Some people may think the L&G research shows that women worry more about finances than men, but the data goes beyond the headlines and explains the rationale behind the divorce gap.   Research into the reasons for the divorce gap The L&G research revealed the reasons for the divorce gap as: 63% of women felt the financial impact of stopping sharing finances and outgoings with a partner, compared to only 39% of men. Roughly a quarter of the people surveyed said that the wife was the primary breadwinner before the divorce, and in 22% of marriages, the husband and wife earned about the same amount. After their divorce, around a fifth of women returned to employment.  Women are twice as likely as men to reduce their hours of work after their divorce because of parenting responsibilities. Only 13% of divorcing couples considered pension splitting when reaching a financial settlement. Women tend to prioritise non-pension assets when reaching a financial settlement. 28% of women did not receive pensions as part of their divorce settlement compared to 17% of men.   You might also be interested in [related_posts]   Will a divorce have an impact on my income? When a couple separates, it is common to move from a two-income household to a one-income household, resulting in a reduction in income. Unfortunately, it is often not possible to achieve a corresponding decrease in outgoings across the two households created by the separation. It is crucial that your divorce solicitor looks carefully at the impact of divorce on your income, as that should massively influence the size and structure of the financial settlement. Reaching a divorce settlement is a bit like putting a jigsaw together because the capital settlement (the share of the family home sale proceeds or the split of savings and investments) can influence how much income you need to meet your outgoings or your ability to pay spousal maintenance. For example, if you receive sufficient equity from the sale of the family home, you may be able to buy a new property either mortgage-free or with a modest mortgage. If you are the financially stronger spouse and receive a reduced share of the equity in the family home, you may not be able to afford to pay spousal maintenance and pay your bills.   Income support after a divorce If a divorce will impact your income, then you can consider ways to enhance your income through: Spousal maintenance. Child support. Improving your earnings capacity through increasing your hours of employment or retraining.   Income issues after divorce There can be income issues after divorce because with all three options, problems can arise, such as: The court prefers to achieve a clean break with no spousal maintenance payable in cases where a clean break is appropriate and there is sufficient capital to achieve that type of financial court order. Spousal maintenance stops if you remarry and may end if you cohabit with a new partner or if your former spouse loses their job or their income decreases. A former spouse may not comply with a spousal maintenance order, so you may be forced to apply to the court to enforce the order. Child support is not payable if parents agree or the court orders equal shared parenting under a child arrangement order. This rule applies even if your former spouse earns substantially more than you. You may agree on a financial settlement based on shared parenting, but your ex-partner then says they cannot share care, leaving you with additional childcare responsibilities. It may not be possible to increase your earnings capacity if you are undertaking the lion's share of parenting or if you were out of the job market as a stay-at-home parent during the marriage.   Assessing if you will receive or be ordered to pay spousal maintenance Whether the court will order that you pay spousal maintenance or receive it depends on a range of factors. These include: Whether you have young children to support, and whether the care of the children impacts your earnings capacity. Whether any disability or age impacts your ability to seek employment or increase your income, or your ex-spouse’s ability to do so. Your income and earnings capacity, and those of your former spouse. The extent of your respective reasonable outgoings. The length of the marriage. Other factors, such as the existence of a prenuptial agreement that sets out whether and how long spousal maintenance should be payable after your divorce. Depending on the ages of the children and future earnings capacity, the court may order that a former spouse should pay spousal maintenance on a time-limited basis so that you can adjust to the divorce and reduction in household income. Alternatively, the court may prefer to award you more capital so you can buy a home with an affordable mortgage (compared to your ex’s financial settlement), meaning that you have lower monthly outgoings than your former spouse and therefore no requirement for spousal maintenance.   Talk to a family lawyer   Whatever your priorities, it is best on separation or divorce to take legal advice from a specialist divorce solicitor so you can understand the range of options for your financial settlement and work out which one is best for you and your family.   Contact Evolve Family Law for Specialist Family Law Advice.

Writing a Will is one of the most important things you can do to protect your family. In this blog, our Will solicitors explain why you should make a Will and the things to consider. Contact Evolve Family Law for advice on writing a Will. Why write a Will? You should make a Will because a Will can: Set out how you want things to be dealt with after you have passed away. Provide for your family and loved ones. Protect your family. Help reduce the inheritance tax payable on your estate. Through estate planning, you can reduce the inheritance tax payable on your estate. If you leave all your estate to your spouse, civil partner, or to charity, there is usually no tax to pay. There are other ways to reduce the inheritance tax payable, such as placing all or part of the estate in trust or making lifetime gifts.   What is a Will? A Will outlines how you want your estate distributed after your death. As well as specifying who will inherit and what they will inherit, your Will can also: Appoint executors to administer your estate. Appoint a testamentary guardian. Appoint substitute beneficiaries in case the intended beneficiaries die before you. Create a trust. Explain why your estate, or part of it, is not being left to people who might have an estate claim. Offer comfort to loved ones, as they will know you took time and trouble to protect them with a Will.   Wills and protection Not having a Will makes an already devastating time for your family even more difficult. Having a Will offers protection because: Those who would not receive a share of an estate under intestacy rules can be left the estate or legacies, such as unmarried partners or stepchildren. If there are children from a previous marriage, the Will can leave their estate between their spouse and their children as the Will maker thinks is appropriate. If the deceased is a business owner, the Will, a shareholder agreement, or cross-option agreement can provide business continuity until the business is sold or transferred to the chosen beneficiary or other business shareholders as part of the cross-option agreement. Wills and protecting children As well as providing a legacy for a child, a Will can protect a child by: Appointing trustees in the Will who deal with the legacy until the child is of an age to inherit. Providing a specified age for inheritance, such as at age 18, 21, or a later age. Giving the trustees the power to advance capital or income to the child before the age of inheritance. Placing money in a discretionary trust so the child is protected from potential future claims, for example, by a step-parent. Appointing a testamentary guardian. A testamentary guardian can be appointed in a Will for any child under the age of 18 at the time of their parent’s death. Although family members can dispute who cares for a child after a parent’s death, the appointment of a testamentary guardian is compelling evidence of who the Will-maker thought would be the best person to bring up their child.   What is Intestacy? If a person dies without making a Will, then they die intestate. Problems with intestacy include: The deceased’s estate is distributed in accordance with intestacy rules. The intestacy rules are inflexible and dictate who inherits the estate. The intestacy rules mean relatives inherit according to a strict order, set out in legislation. The beneficiaries of the estate under intestacy rules will be the closest biological relatives, but not necessarily those closest to the deceased or those in the greatest financial need. The intestacy rules may not reflect how the deceased would have left their estate if they had made a Will.   The effect of intestacy The unintended effects of intestacy include: An unmarried partner or stepchildren will not inherit under the intestacy rules. An estranged husband or wife may inherit. Family members may bring claims against the estate because they believe the intestacy rules do not make reasonable provision for them. The estate may pay more in inheritance tax because estate planning did not take place. You might also be interested in [related_posts]   Frequently Asked Questions on Wills  Do I need a Will if I have a Lasting Power of Attorney? A Lasting Power of Attorney provides the authority for your attorneys to handle your financial or health and welfare affairs during your lifetime. A health and welfare Lasting Power of Attorney only becomes operative if you lose capacity to make your own decisions, and both types of Power of Attorney end on death. You therefore need a Power of Attorney and a Will. Do I need a Will if I want to leave everything to my wife? It's still a good idea to make a Will even if you want to leave everything to your husband or wife. Depending on your family situation and the size of your estate, your spouse may not receive the entire estate under intestacy rules. In addition, a Will allows you to appoint executors and trustees, estate plan, provide substitute gift clauses if your spouse predeceases you (so you do not need to change the Will) and create a trust in your Will. Do I need a new Will if I divorce?   If you have a Will and get divorced, any bequests to your ex-spouse or their appointment as your executor are cancelled. However, it's best to get a new Will when you divorce so you can discuss what you would now like to happen to your estate with your Will solicitor and obtain advice on how to minimise the risk of a former spouse claiming a share of your estate if you have not obtained a clean break financial court order. How much does a Will cost? Evolve publishes a price guide outlining the cost of a Will. If you have an existing Will, a Will solicitor can check and review your existing Will for you. It is sensible to get your Will checked because family and personal circumstances change, or your Will may no longer be as tax-efficient as it could be. If you have complex financial and business affairs and need in-depth advice on trusts, estate planning, tax, or domicile, our Will lawyers can provide a bespoke quote. Contact Evolve Family Law for advice on writing your Will.  

If you are considering giving your child money to help them purchase their first home or making a gift to reduce the size of your estate, you and your beneficiary need to understand the tax rules for lifetime gifts. Contact Evolve Family Law for expert private client and Will advice.   What is a lifetime gift in the UK? A lifetime gift is a gift made without conditions by a donor during their lifetime to a beneficiary. It is distinguished from a gift in a Will as a Will legacy only takes effect after the Will maker or testator’s death. Limits on lifetime gifts in the UK There are no limits on the amount of money you can give away, and there are no restrictions on who you can give your cash or assets to. However, depending on the size of the gift, there may be potential tax implications. Lifetime gifts become fully exempt from inheritance tax if the donor survives seven years after making the gift. However, some exemptions to the seven-year rule enable a donor to leave a gift without the risk that it will attract IHT liability if the donor passes away within seven years of making the gift. Tax and UK lifetime gifts Although the definition of a lifetime gift in the UK is broad, the inheritance tax rules on lifetime gifting are complex. Many feared tax rule changes in the 2025 Budget and delayed estate planning. However, tax rule changes were not announced, leading to an increase in inquiries about estate planning. Lifetime gifting UK and the annual £3,000 exemption Current inheritance tax rules allow a donor to give £3,000 a year in gifts exempt from inheritance tax. The gifts can be made to anyone; the donor does not need to be related to the beneficiary. Many people want to give their children or other family members more than £3,000. For example, for a deposit on a house purchase or to help pay for home renovations. Gifts of over £3,000 may fall within the seven-year inheritance tax rule unless the gift is within one of the exemptions. Lifetime gifting UK and the seven-year rule If a donor wants to give more than £3,000 away in a year, they can do so. However, unless the gift falls within one of HMRC's recognised exceptions, it may be subject to inheritance tax if the donor dies within seven years of making the gift. Whether inheritance tax (IHT) will be payable on the gift depends on the size of the donor’s estate, the availability of the inheritance tax nil rate band for lifetime gifts and the residence nil rate band. The IHT amount on the gift is tapered based on how long the donor survives after making the gift, with no IHT payable if the donor survives for seven years. The seven-year rule should not deter donors from making lifetime gifts or beneficiaries from accepting them, but specialist estate planning legal advice is needed so the donor and beneficiary understand the taper relief IHT rules and the family law implications of the gift. For example, a family may want to combine estate planning and family law advice to protect the gift by signing a relationship agreement. Lifetime gifting and the exemptions to the seven-year rule There are six main exemptions to the seven-year IHT rule. These exemptions allow a donor to give away over £3,000 per year, in the knowledge that IHT should not be payable on their gift in the future. The exemptions are: Small gift exemption. Money paid in maintenance. Marriage and civil partnership gifts. Gifts to a husband, wife or civil partner. Gifts out of normal income. Charitable or political gifts.   You might also be interested in [related_posts]   Lifetime gifting UK and the small gifts exemption Donors can give gifts of up to £250 to as many people as they like. However, the small gift exemption cannot be combined with a £3,000 gift to one individual in the same tax year. Lifetime gifting UK and family maintenance The family maintenance exemption allows donors to make gifts to: A spouse or civil partner’s maintenance, or Children under the age of 18 for maintenance, training or education. If the gifts exceed the £3,000 cap, the gifts remain exempt from the seven-year rule if they fall within the definition of family maintenance. Lifetime gifting UK, marriage, and civil partnership Under current IHT rules, some relatives can make lifetime gifts in contemplation of a relative or friend's marriage or civil partnership. The amount depends on the relationship. The rules are: Parents can give up to £5,000. Grandparents can give up to £2,500. Anyone else can give up to £1,000. Lifetime gifting to a spouse or civil partner Gifts to a spouse or civil partner are usually free of inheritance tax. The relationship rule does not apply if the donor is in an unmarried or cohabiting relationship with the beneficiary. If one partner is UK domiciled and the other is not, then complicated inheritance tax rules and exemptions apply. Domicile is a tricky legal concept, so if there are any questions about your domicile or that of your beneficiary, it's best to seek professional advice. Lifetime gifting UK out of normal expenditure The normal expenditure exemption allows a donor to make regular gifts from their surplus income. Gifts from surplus income can exceed £3,000 per year and are inheritance tax-free on death, even if the donor dies within seven years of transferring the gift. Parents and grandparents can use this tax-efficient method to pay or contribute toward private school fees, or to provide regular financial support to family members. Estate planning solicitors recommend that professional advice be taken on the definition of normal expenditure and income to avoid future difficulties with proving that the gifts were made from income and as part of the donor’s normal expenditure. Income can include various income sources. However, income does not include capital investments transferred into a current bank account or the sale proceeds of property. Lifetime gifting, charity and other exceptions Another major exception to lifetime gifting and potential payment of IHT is lifetime gifts made to: Charities. Gifts to the nation for national purposes. Qualifying political parties. Lifetime gifting UK legal advice Lifetime gifting is a lovely thing to do to help friends and family, but it should be carried out after taking estate planning advice so you and your beneficiaries understand the potential inheritance tax implications. The estate planning solicitors at Evolve Family Law provide lifetime gifting advice and can help you make or update your Will or Lasting Power of Attorney. Contact Evolve Family Law for expert private client and Will advice.

When you are separating in an age where almost everything is carried out electronically and online, it is important that your divorce solicitors understand the digital assets that your husband, wife or civil partner may hold and how to trace them. In this article, financial settlement solicitor Robin Charrot answers your questions on divorce and digital assets. Contact Evolve Family Law for Expert Divorce Advice. Digital assets in divorce financial settlements There is no definition of a digital asset in financial remedy applications and financial settlement negotiations. That is probably sensible, because the world of digital assets changes rapidly with the latest developments in tech. Divorce solicitors find it best to outline the type of digital assets that you or your spouse might own to trigger a discussion about what assets you or your husband or wife might hold digitally. It is essential to do that, as whilst you may not forget about the existence of a holiday home, a collection of watches, or your partner’s shares in the family business, you may easily forget about an online bank account or the cryptocurrency that your spouse mentioned years ago. Digital assets can include: Cryptocurrency Bitcoin Non-fungible tokens (NFT) Ethereum Online share dealing account PayPal account Air miles Online gaming and betting accounts Income-generating social media accounts Sentimental assets such as photo libraries You might also be interested in [related_posts] Cryptocurrency and its relevance to a divorce financial settlement Digital assets such as cryptocurrency can be family assets in the same way as property, pensions, or shares in a family business. Just because something is held digitally, rather than physically, it does not mean that it is irrelevant to your financial settlement. Reaching a fair divorce financial settlement involves: Working out what assets a husband and wife own individually, jointly, or with a third party and assessing if the assets are family or matrimonial assets or non-matrimonial assets. Tracing assets where there are valid suspicions that an estranged husband or wife has not fully disclosed assets. Getting the assets accurately valued. Looking at the needs of a husband, wife and any dependent children to work out the relevance of any non-matrimonial assets. If the asset is not considered to be a family asset, the court can have recourse to it if it is necessary to do so to meet a husband or wife’s reasonable needs. Negotiating a financial settlement, and if that is not possible, representation in a financial remedy application to obtain a financial court order. Dealing with cryptocurrency in financial remedy proceedings A good divorce solicitor combines bloodhound tracing skills with technical knowledge and a hefty dose of pragmatism. For example, an eBay account may not seem significant, but it is if it is the primary source of sales in a family business, or if a spouse has been squirrelling money away by keeping it in a PayPal account. Likewise, everyone talks about cryptocurrency, but your financial settlement lawyer needs to track down the information to find the investment or to show the discrepancies between disclosed assets and lifestyle. Whilst some digital assets, like photos or the dog’s Instagram account, may only have sentimental value, they still are important to you, so need to be sorted out fairly but without racking up massive legal bills. A financial settlement solicitor will determine whether a forensic digital expert is needed to track down digital assets, and when pragmatism and common sense suggest the expense is not proportionate. When dealing with digital assets in financial negotiations after a separation, it is essential to consider: Drawing up a digital inventory – what you know that you or your spouse holds as digital assets. What you suspect and why you suspect it – was the talk of bitcoin hot air, or is there a basis to trace assets or gather evidence of their existence? Are the digital assets capable of being shared, and if not, who will keep them? The fairness of one spouse keeping the digital assets and the other keeping non-digital assets. That consideration may be relevant if there is a large online share dealing account subject to stock market fluctuations, but there may be an equally uncertain property market if the other spouse wants to keep the family home. Financial remedy solicitors at Evolve Family Law At Evolve Family Law, our team of expert financial settlement lawyers have vast experience in: Tenacious asset tracing of digital assets and property held in the UK or overseas. Divorce settlements involving high net worth individuals, assets held in trust and assets not held within the jurisdiction of the court. Providing specialist legal advice in between family mediation sessions and converting a mediated agreement into a financial consent order. Representing husbands and wives in complex financial remedy applications involving extensive financial disclosure requests and asset tracing, as well as disputes over asset valuations and the classification of assets as matrimonial or non-matrimonial. Advising on potential financial claims after an overseas divorce. Whether you have reached a financial agreement with your spouse and want it converted into a binding court order or need help with an ex-partner who won't provide financial disclosure or negotiate, our lawyers can help you obtain the financial settlement and court order you need. Contact Evolve Family Law for Expert Divorce Advice.

If you think your ex-partner is hiding assets in divorce proceedings, it is best to get expert family law advice on your options. Contact Evolve Family Law for expert divorce and financial settlement advice.   The requirement for financial disclosure in divorce financial settlements Divorce solicitors will tell you that husbands and wives are under a duty to provide full and frank financial disclosure of their assets when negotiating a financial settlement. That applies whether you are negotiating a financial settlement through: Direct discussions. Solicitor negotiations. Family mediation. Financial disclosure is also a requirement if a family law judge or an arbiter is deciding the financial settlement in financial court proceedings or through family arbitration.   The extent of financial disclosure  The court has a standard list of financial disclosure requirements, but a husband or wife can request additional information and ask questions. The judge will decide if the extent of the additional questions and the request for extra documents is relevant and proportionate. You may not want to engage in extensive financial disclosure if: Both of your finances are straightforward, and You both had access to bank statements and assets, so you know that money has not been moved from accounts, and You can reach a negotiated financial settlement. Every family situation is different. You probably know if your ex-spouse has hidden financial information and assets from you throughout your marriage. Alternatively, you may suspect that they started doing so when they met someone else, or when the marriage got into difficulties, and the relationship started to drift apart.   Red flags and financial disclosure in financial proceedings If your husband or wife appears keen to reach a clean-break financial settlement without providing financial disclosure, this may raise a red flag for your divorce solicitor. The family lawyer may question why your spouse objects to financial disclosure and why they are pressing you to reach an agreement so quickly. You need some minimum paperwork to check your spouse’s financial settlement proposals and for the court to be with the terms of a proposed financial court order that a family law judge is asked to make. If an estranged spouse is trying to pressure you to agree to a financial settlement without first providing financial disclosure and wanting you to accept their word about the extent of the assets or their current value, then you should consult a financial settlement solicitor. Your ex-partner might be totally honest and want to ‘cut to the chase’ and get a binding court order, but you are entitled to see the required financial disclosure and to take family law legal advice on their financial proposals and the wording of the court order.   You might also be interested in [related_posts]   Reasons why assets are hidden from spouses There are many reasons why an ex-spouse may try to hide assets or minimise their value. Divorce solicitors come across these common excuses: It is inherited or gifted money. It is savings from one spouse’s income. The ex-spouse’s new partner owns their current house, and the ex-spouse says they have no right to any equity in the property.  There is no need to get a business, pension or other asset valued, as your ex thinks you should take their word that the asset either has no value or is not sellable. Money was owed to a family member and was transferred to them to repay a loan rather than to hide assets Cash put into additional bank accounts was forgotten. An ex thinks property owned abroad or owned before marriage is irrelevant to the financial settlement and should therefore not be disclosed. These are all excuses. None of them is a good reason not to provide complete financial disclosure. Sometimes an asset will not be relevant to a financial settlement, but your financial lawyer needs to know about the asset and its current value so they can advise you on its relevance in your family circumstances. For example, a pension accrued before a short marriage with a cash equivalent transfer value of £10,000 may not be of significance. Your ex may waste their time and money by trying to hide an asset that may be of limited relevance because of the duration of your marriage or your ages. However, by failing to disclose the pension, you and the court may be far more sceptical about whether your ex-spouse has fully disclosed the existence of the pension or how honest their other financial disclosures are. For example, you may question the extent of your ex’s declared self-employed income or the reason they have transferred money to a sibling or new partner.   Steps to take if an ex is hiding assets If you are separated or getting divorced and believe your ex is hiding assets, you may need urgent financial settlement advice and help with an injunction application to safeguard and preserve the money until the court makes a financial order. Examples of when a spouse may require a financial injunction include: Your ex is transferring money or property to a third party. Your ex is putting their pension in payment and taking the maximum tax-free cash sum to put the money out of your reach. Your ex is syphoning money out of the family business to make sure the family business has a lower value placed on it, as profits will be reduced. Your ex is buying property overseas or transferring assets abroad. Your ex is moving money out of joint bank accounts and putting it into cryptocurrency or bitcoin.   Financial injunction applications A financial injunction order is a temporary measure to stop your ex-spouse from hiding or disposing of assets. It is best to consider applying for a section 37 injunction rather than assume that, in financial settlement court proceedings, your ex-spouse’s new partner, parent, or sibling can be joined to the financial application to try to unravel the transfer of assets. If you have not already done so, a divorce solicitor will also advise you to start financial court proceedings for a financial court order. Within the financial remedy application, the court can make financial disclosure orders that your ex will need to comply with.   Consequences of noncompliance with financial disclosure rules If your ex does not comply with the financial disclosure orders, then you can ask the judge to enforce the disclosure orders against your ex or ask the court to draw inferences. For example, if the court ordered disclosure of historical bank statements to reveal what happened to the equity of £100,000 after the sale of a buy-to-let property. If your ex flouts the disclosure order, you can ask the court to draw inferences as to why and ask the court to add back in the £100,000 so you get a greater share of the other family assets.   Financial proceedings and ex hiding assets If you have started financial proceedings and you are not satisfied with your ex’s Form E financial disclosure, a specialist family solicitor can review the financial disclosure with you and draw up a list of additional questions and request extra non-standard paperwork. For example, if your ex-spouse is the director and shareholder in a family business and you suspect they have been syphoning money off to their new partner by creative accounting or use of the director's loan account, you can ask for a forensic accountant to value the business and look at the accounting concerns. Alternatively, you can ask the court to make financial disclosure orders to help you investigate if: Your ex is self-employed, and the family lifestyle does not match their declared earnings. Your ex has withdrawn significant sums from a business or personal account, and the withdrawals are not their usual pattern of spending. Your ex previously mentioned an asset that was a rainy-day asset or pension, but there is no mention of the asset in their financial disclosure. There are lots of ways a tenacious divorce solicitor can ‘get to the bottom’ of financial disclosure, through your background information and knowledge of your ex, combined with financial disclosure orders,  valuations and freezing injunctions.   Contact Evolve Family Law for expert divorce and financial settlement advice.

In this article, our family lawyers explain the legal definition of domestic violence and how you can protect yourself from it.   Contact Evolve Family Law Today for Family Law Advice.   What is domestic abuse? Domestic abuse can be referred to as domestic violence, partner abuse or family-based violence. Whatever label is given to domestic abuse, it involves any incident or series of incidents of controlling, coercive, threatening, abusive or violent behaviour. Domestic abuse includes: Physical violence. Sexual abuse. Emotional or physiological abuse. Economic abuse. Coercive and controlling behaviour. Harassment Online and digital abuse. Stalking.   Victims of domestic abuse A victim of domestic abuse can be anyone in an intimate or family relationship. Most victims of domestic abuse are women. However, men experience domestic abuse from female or same sex partners. Children can also sadly experience abuse either directly through being hit or experiencing emotional abuse through witnessing a parent experience domestic abuse. In many families, the domestic abuse is not always apparent to extended family, professionals or outsiders. However, that does not mean that it is not occurring. A victim of domestic abuse does not need their abuser to have been arrested or convicted of an offence to qualify as a victim or to receive help from family lawyers or other professionals.   Types of domestic abuse Some people do not understand the scope of domestic abuse in its various forms. Here are some examples of the range of domestic abuse: Physical abuse ranging from extreme violence to a punch, shove or push. Sexual abuse includes all forms of unwanted sexual contact and is not limited to rape. Psychological, mental or emotional abuse can range from mental mind games, gaslighting and derogatory remarks. For example, telling someone they are a nutter, ugly or stupid. Harassment ranging from stalking type behaviour outside someone’s home to online harassment on social media accounts. Financial abuse can take many forms, such as restricting a spouse’s access to money and to their bank account. Coercive control covers anything from not allowing a spouse to leave the family home unaccompanied to controlling what a spouse wears or eats.   Response to domestic abuse The response of many victims of domestic abuse can be confusing, as they may: Accept the behaviour, as often a spouse will be told that the domestic abuse is their fault, and so they learn to accept the behaviour as part of the relationship. For example, victims are told that the abusive behaviour is normal, and they are not. Normalise the behaviour, thinking that an assault is just a slap. Deny the behaviour by thinking that the domestic abuse is all in their mind, after having been repeatedly told that they are the ones with the mental illness. Respond to the behaviour with abuse by starting to become abusive to their spouse or others, as domestic abuse has become the ‘’norm’’ within the household. Justify the behaviour to the children or others. For example, saying that the domestic abuse only happens because of a spouse’s stressful job or family pressures. A family law solicitor can advise and help you leave an abusive relationship and explain the sort of help that organisations and charities offer to help you understand how you were groomed into thinking that the abuse was an acceptable part of your relationship.   The impact of domestic abuse Most experts agree that being subjected to or witnessing domestic abuse can lead to: Low self-esteem. Low mood. Isolation from friends and family. Indecisiveness. A spouse may only decide to leave a partner when they see the impact that adult domestic abuse is having on their children. Even if the children do not see the abuse, the atmosphere and tension in the family home can be very damaging to their welfare.   [related_posts]   Injunction court orders An injunction order is one means of protecting yourself or your children from domestic abuse. An injunction is a court order stopping a named person from taking a step or ordering a step to be taken, such as: Stopping an assault or harassment by an ex-partner. This is called a non-molestation order. Ordering one spouse to leave a family home or stay away until the court decides what should happen long-term with the family home. This is called an occupation or ouster order. Removing a child from one parent’s care if there is a fear of child abduction. Preventing one spouse from taking money and assets until the court decides how property and assets are split in the financial settlement. This is called a Section 37 injunction or freezing order. If you are concerned about your children, the court can also make an urgent child arrangements order. This child order determines with whom your child should live and whether your child should have contact with the other parent. In an emergency, the court can make temporary urgent orders.   Frequently Asked Questions on Injunctions How do you get an injunction order? To obtain an injunction, an application is made to the family court supported by a statement. The evidence you need for the injunction depends on what you are trying to stop or prevent. The court may make an injunction order without your spouse being present if the judge considers the situation urgent. The court will list a hearing where your spouse or partner can attend and oppose your application or object to the injunction continuing if the court has made a temporary order in their absence.   What are the grounds for an injunction order? The grounds depend on the injunction order that is requested from the court. If you are worried about your safety or the physical or emotional safety of your child, Evolve Family Law can assess your options, including the option of applying for an injunction order.   Is an injunction order permanent? Typically, injunctions are temporary court orders designed to help a family until they, or, if necessary, the court, can make long-term decisions about the custody and contact arrangements for a child, or about the sale or transfer of the family home. However, an injunction can be an essential protective measure needed before long-term decisions are made.   Legal help with domestic abuse If you are in an abusive relationship and need help from an injunction solicitor, we can advise you on your options and help you secure an injunction order. Contact Us Today

In this blog, our family law solicitors look at the concept of parental responsibility and how, in exceptional circumstances, some fathers can have it removed.   Contact Evolve Family Law Today for Family Law Advice.   What is parental responsibility? Under the Children Act 1989, parental responsibility is defined as the legal rights, duties, powers, responsibilities, and authority a parent has for a child.   ​Who has parental responsibility for a child? A biological mother automatically has parental responsibility for their child. If others have parental responsibility for a child, the responsibility is shared equally; the mother’s parental responsibility does not give her more rights than the others with parental responsibility for the child. Family law says that a biological father has parental responsibility for his child if he falls into one of these criteria: The father is married to the child’s mother or in a civil partnership with her. The father was married to the child’s mother, but they are now separated or divorced. The father was not married to the mother, but the child was born after 1 December 2003, and the father is named on the child’s birth certificate. The father and mother signed a parental responsibility agreement to give the father parental responsibility. The father obtained a parental responsibility order from the family court.   What does it mean to share parental responsibility with a father? Understanding what parental responsibility means is vital before you can consider what is involved in sharing it with your ex-partner, or whether it is necessary to try to remove it. Parental Responsibility is defined as the obligations and responsibilities a parent (or anyone else who has parental responsibility) has for a child. If you have parental responsibility for your child, you have: A say in major parenting decisions, such as the choice of a new school or whether a young child should follow a vegan diet or be brought up in a specific faith.  The right to receive information, such as school reports or medical information. The ability to give consent on behalf of your child. If the other parent does not agree to what you are consenting to on behalf of your child, then you can ask the court to make a prohibited steps order or a specific issue order.   How should parents share parental responsibility? Ideally, parents should try to reach an agreement on any aspects of parenting where they cannot agree on what is best for their child. The disputed issue could be as simple as whether a child should have their ears pierced or eat a gluten-free diet, or be as complicated as whether a child should have major surgery or be taken overseas to live after a parental separation. Family mediators, family counsellors, and family law solicitors can help parents reach an agreement on aspects of parenting where there is parental disagreement.   Problems with sharing parental responsibility for your child  It can be challenging to share parental responsibility for a child, particularly if you are separated or divorced and: You are the one who carries out all the day-to-day care of the child, but the other parent thinks they know best. The other parent is working but will not provide financial maintenance or child support. The other parent does not have contact with the child or only does so infrequently, at times to suit them. You and the other parent have different parenting styles, routines and attitudes to how best to bring up a child. You had an acrimonious separation, or there was domestic violence during the relationship You think that your ex-partner is only using their parental responsibility to try and maintain a relationship with you, or to control you, and they are not interested in the child and what is in the child’s best interests.   When does parental responsibility end?  Parental responsibility will end when: A child reaches 18 years, or A child gets married, or A child arrangement order is discharged provided the parental responsibility was conferred by the making of the child arrangement order, or The child is adopted or made the subject of a parental order, or The court makes a family law order under the Children Act to end a father’s parental responsibility.   How do you remove parental responsibility from a mother? The law says that a biological mother of a child can only lose parental responsibility for her child if the child is adopted or the child is made the subject of a parental order after a surrogacy arrangement. The law is different when it comes to fathers losing parental responsibility for their child.   How do you remove parental responsibility from a father? If a father is or was married to the child’s mother or is or was in a civil partnership, then he has automatic parental responsibility for the child. This means the mother cannot ask the court to order the removal of the father’s parental responsibility. However, the mother can apply to the family court for other orders. For example, she could ask the court to make a child arrangement order that says her child lives with her and is to have no contact with their father. If an unmarried father has obtained parental responsibility for his child by signing a parental responsibility agreement or by a parental responsibility court order, then an application can be made to the court to remove his parental responsibility for his child. The law says that a family law judge should only terminate a father’s parental responsibility for the child if: The circumstances are exceptional, and The termination of parental responsibility is in the child’s best interests. The court will not end an unmarried father’s parental responsibility for his child because he has decided to separate, is not having contact or is not paying child support. These are not considered to be exceptional situations.   [related_posts]   Applying to the court to remove a father’s parental responsibility It is best to take specialist parental responsibility advice from a family law solicitor before applying to court to remove a father’s parental responsibility, as a court will only end a father’s parental responsibility if the circumstances are exceptional and if the father did not have automatic parental responsibility by virtue of their marriage or civil partnership. The types of exceptional situations that have led to the ending of parental responsibility include: Significant and extended domestic violence. Physical abuse of a child. Committed child sexual abuse. An absent parent will not usually meet the exceptional criteria, nor will a parent who fails to pay child support.   Factors the court considers when ordering the termination of parental responsibility The family court will consider the following when deciding whether to terminate parental responsibility: The best interests of the child. The child’s wishes and feelings, if the child is of such age and understanding to have a view. Any physical, sexual or emotional abuse the child has experienced. The capacity of each parent to meet their child’s needs. The parents' involvement in the child's life. Any previous misuse of parental responsibility.   Alternative court orders to an order ending parental responsibility  Although a mother may struggle to secure an order to remove a father’s parental responsibility, they may be successful in getting other children's law orders to resolve the difficulties of sharing parental responsibility where there is ongoing disagreement. Available orders include: Child arrangement orders. Specific issue orders. Prohibited steps orders. Although these court orders do not remove a father’s parental responsibility for his child, they can significantly limit the father’s involvement in the child’s upbringing. For example, a child arrangement order can stop direct contact between a father and a child, a prohibited steps order can stop a father from attending a child’s school or nursery, and an injunction order can prevent the father from going to the child’s home address. An experienced children law solicitor will talk to you about the alternatives to a court application, such as a roundtable meeting, or they can provide legal support during family mediation.   Change in the law on ending parental responsibility  In October 2025, the government announced plans to automatically restrict the exercise of parental responsibility in situations where a person with parental responsibility has been convicted of a serious sexual offence against any child, and where a child is born of rape. These changes will be brought into force through the Victims and Courts Bill.   Contact Evolve Family Law At Evolve Family Law, our children law specialists can advise you on the meaning and scope of parental responsibility and what you can do with it. We are highly experienced in helping parents resolve parental disputes and, in exceptional situations, in securing orders to terminate parental responsibility.   Contact Evolve Family Law Today for Family Law Advice.

The government has announced its intention to change the parental rights law and the presumptions contained in the Children Act 1989. Our family lawyers look at what the changes will mean for separated and divorced couples negotiating parenting arrangements and applying to court for children orders under the Children Act.   Contact Evolve Family Law Today for Family Law Advice.   Parental rights and the Children Act 1989 The Children Act defines the concept of parental responsibility and says: Who automatically has parental responsibility for a child when the child is born. Who can acquire parental responsibility by agreement or court application. Who gets parental responsibility if a child arrangement order is made in favour of a non-parent. How parental responsibility can be lost. What authority is given to those with parental responsibility. The government does not intend to change the law on parental responsibility, but instead shift the presumption of parental involvement.   Presumption of parental involvement enshrined in the Children Act 1989 The Children Act states that when the family court is considering making, varying or discharging some types of children law court orders, the judge is to presume that, unless the contrary is shown, the involvement of a parent in the child’s life is in the child’s best interests and will further their welfare. The type of court orders to which this presumption applies includes: Child arrangement order applications. Specific issue order applications. Prohibited steps order applications.   Change to the presumption of parental input The government intends to repeal the presumption of parental involvement when parliamentary time allows. When the presumption is no longer enshrined in the Children Act 1989, the judge determining some types of children law applications will not start from the premise or assumption that the involvement of a parent in the child’s life will further the child’s welfare. Instead, a judge will need to: Review and assess the evidence. Consider the child’s welfare and the child’s best interests rather than assuming parental involvement is in the child’s best interests.   Why is the government intending to change the Children Act 1989?  The government plans to repeal the presumption of parental involvement after calls from children's organisations and domestic violence agencies. When announcing the proposed change, the government stated that retaining a presumption of parental involvement could lead to prioritising contact over child protection and safeguarding. The government press release can be found here. Domestic abuse charities have long argued that repealing the presumption in favour of contact and parental involvement will not only protect the children but also the parent who has been subjected to domestic abuse. When the presumption is repealed, the change in approach will focus the court on the child’s welfare rather than parental rights.   Parental rights or child welfare  The planned appeal of the presumption in favour of parental involvement is a nuanced amendment. That’s because, under the Children Act, a judge must decide a child law application based on their assessment of the child’s best interests, after considering the welfare checklist in the 1989 Act. The welfare checklist includes: The ascertainable wishes and feelings of the child or children (considered in the light of the child’s age and understanding). The child’s physical, emotional and educational needs. The likely effect on the child of any change in their circumstances. The child’s age, sex, background and any characteristics which the court considers relevant. A relevant characteristic, for example, is whether a child is neurodiverse. Any harm which the child has suffered or is at risk of suffering. This includes all types of domestic abuse, including emotional abuse or witnessing parental domestic violence. How capable each of the parents, and any other person in relation to whom the court considers the question to be relevant, is of meeting the child’s needs. A child’s needs are not limited to physical needs, such as housing, but include emotional and educational needs. The range of powers available to the court under the Act.   The government has said it does not intend to change the welfare criteria, and many experts will remain of the view that, in most family situations, it is in a child's best interests to maintain a relationship with both parents after a separation or divorce.  However, there will be a shift in emphasis from parents' rights to the child's needs.   [related_posts]     What will the change in law mean for parents? When the law changes, parents will need to understand the nuances. When asking the court for contact under a child arrangement order or asking the court to refuse contact or to limit contact to a supervised setting, parents and their family law solicitors will need to focus their arguments less on parental rights and more on why the order they are seeking is the best order for the child. Many Children Act child arrangement order decisions will remain challenging or finely balanced, such as: Where there are disputed allegations of domestic violence. Where there is clear evidence of abuse, but an older child wants contact, despite the potential risks. If there is a fear that a parent is pursuing contact to maintain ongoing contact with the abused parent and to exercise control.   Getting help with agreeing on parenting arrangements after a separation or divorce At Evolve Family Law, our specialist Northwest family solicitors can help you resolve child care arrangements after a separation or divorce through: Legal advice so you know your rights as a parent and potential court outcomes if you apply or respond to an application for a child arrangement order, specific issue order or prohibited steps order. Solicitor negotiations to help you reach an agreement over contact and residence arrangements. Parenting plans through mediation. Representation in applications for orders under the Children Act or injunction orders.   Contact Evolve Family Law Today for Family Law Advice.