There has been a lot of coverage in the newspapers on the topic of mental health and how Covid-19 and the lockdown has affected us all; whether that’s physically, mentally or financially. What is clear is that divorce solicitors have seen a rise in enquiries about divorce proceedings following the end of the Covid-19 lockdown citing mental health issues as the reason for the decision to separate. In this blog, we look at the complex topic of divorce and mental health. For expert family law advice call our team or complete our online enquiry form. Covid-19, Mental Health and Divorce None of us ever envisaged having to go into lockdown to fight an invisible but pernicious enemy or realised how hard it could be on our own physical or mental health or that of our friends and family. Most of now have a greater appreciation of the phrase ‘’stir crazy’’ than we did before March 2020.   Now that we are out of lockdown and restrictions are being eased many of us are taking the opportunity to re-evaluate our lives and look afresh at what is really important to us and to our family. For some, problems in relationships that existed prior to the global pandemic, have become more apparent during the confinement of lockdown and hence the rise in divorce enquiries seen by Whitefield divorce solicitors.   Many husbands and wives are citing mental health issues (either on their part or their husband, wife or civil partner) when explaining the decision to separate. Divorce solicitors would be the first to say that they aren’t doctors and that divorce should not be seen as either the first or the easy option. That is why Whitefield divorce solicitors recommend looking at whether mental health issues can be addressed before you take the decision to separate. For example, if a spouse is able to recognise that their mental health is affecting the marriage or their spouse’s health and take the decision to get treatment, comply with a medication regime or engage in either couple or individual counselling.   In some cases, the lockdown has just confirmed what people already knew; that their relationship was in trouble and that counselling would not help save the marriage. Counselling, on either an individual or joint basis, can still play a very helpful role in some families by assisting you to come to terms with the separation and move on with your lives.   Manchester divorce solicitors are asked many questions about mental health and divorce and here are some answers to the frequently asked questions. We have used husband and wife in the questions but these are interchangeable as mental health affects everyone. Can I get divorced if my husband is mentally unwell? You can get divorced if your husband or wife is mentally unwell. Many people who experience mental health problems are able to engage in court proceedings, hold down a job, parent their children and manage their personal and financial affairs on a day-to-day basis.   However, if the mental health problems are such that your husband or wife is seriously ill (either temporarily or on a permanent basis) and does not have the capacity to take part in divorce proceedings then a person (called a litigation friend) can be appointed to act in their best interests. This makes the divorce proceedings a bit more complicated but you can still start and finalise divorce proceedings even if your husband or wife’s mental health is such that they are not well enough to take part in the court case. The decision on whether a spouse is able to take part in divorce court proceedings is made by the medical profession and court after an assessment of capacity. Can I stop contact because of the dad’s mental health? If either parent has mental health problems this isn’t a bar to contact or child custody. If one parent is worried about the behaviour of the other parent and thinks that the behaviour stems from their mental health issues, the best solution is to try to get medical and professional help. If that doesn’t work, or your husband or wife refuses to accept that they have a problem or won’t acknowledge the impact of their behaviour on the children, then you can apply to the court for a child arrangements order.   A child arrangements order sets out which parent a child should live with and how much contact should take place with the other parent. When deciding on whether to make a child arrangements order and the exact child custody and contact arrangements a family judge will decide what he or she believes is in the best interests of the child after assessing a range of factors, referred to as the ‘’welfare checklist’’.   One of the factors in the welfare checklist is ‘’how capable each parent is of meeting the child’s needs’’. A child’s needs don’t just mean food on the table and being sent to school but how a parent can meet a child’s emotional needs. A parent doesn’t need to be ‘’perfect’’ to parent a child or to have contact with them but they do need to be able to protect them, both physically and emotionally.   Decisions on custody and contact are also influenced by the age of a child and their wishes. For example, a teenage child may be used to caring for a parent who is unwell and if contact were to stop the child would be anxious and more distressed than not seeing their mother or father, even if the parent is unwell. It should also be remembered that health can change and the needs of a child can alter as they grow up. How do I reach a financial settlement when my wife won’t cooperate because of her mental health? It is always best to try and reach an agreement on a financial settlement if you can do so. That is because it saves time and money. There are many reasons why a husband and wife can’t reach an amicable financial settlement, including the mental health concerns of either a husband or wife. Reaching a financial settlement is still possible by starting financial proceedings and asking the court to make a financial court order.   If a spouse doesn’t have the mental capacity to take part in the financial proceedings their interests will be protected by the court appointing someone to act in their best interests. For example, if a spouse is seriously unwell, they may say that they want nothing from the marriage even though they are entitled to at least fifty percent of the family assets and will need the money to rehouse and support themselves. The person appointed to act for them must do what is in their best interests, rather than agreeing to the other partner keeping everything. [related_posts] Will my husband’s mental health affect the financial settlement? A husband or wife’s mental health may affect the financial settlement depending on the severity of their mental health condition, the treatment options and prognosis, and a range of other factors. A specialist divorce solicitor can advise on the likely impact, if any, of a mental health condition on a financial settlement. For example, mental health may have an impact on employment prospects and spousal maintenance or employment and retirement plans and pension options or housing needs and mortgage capacity. Every family situation is different so it is best to get expert legal advice. Divorce and mental health Many people struggle with their mental health at some point in their lives. Their problems are often temporary but that isn’t always the case or a separation or divorce can exacerbate mental health problems. If you are in that position, or your husband or wife or civil partner is, then the best thing that you can do is ensure that the family has the practical, counselling, medical and legal support the family needs to get you all through a tough emotional time. Our Manchester Divorce Solicitors At Evolve Family Law, based in Whitefield, North Manchester and Holmes Chapel, Cheshire, our expert divorce solicitors provide friendly, approachable advice on all aspects of family law. If you need legal help with a separation or divorce or child contact and custody or assistance with a financial settlement then call us for an appointment with our specialist Whitefield divorce solicitors or complete our online enquiry form.

The question ‘’who pays for a divorce?’’ is sometimes one of the most contentious issues in the decision to separate. Whitefield divorce solicitors say that the issue of who pays for the divorce can be more difficult to negotiate than your financial settlement or even child custody arrangements. That is because, although politicians are legislating for ‘no fault divorce ‘ when you split up from a husband, wife or civil partner you often want to blame someone for the split and make them pay. In this blog we look at the question of who pays for the divorce. Divorce Costs The general rule on who pays the divorce costs is that a husband, wife or civil partner will each pay their own divorce legal costs unless the court makes an order requiring one party to make a contribution towards or to pay all of their spouse’s divorce costs.   If the government introduces no fault divorce then it is less likely that the court will make orders requiring one spouse to pay towards the other spouse’s divorce costs. At present (June 2020), a spouse is normally only ordered to pay towards the divorce costs, or to pay the full divorce proceedings costs, if divorce proceedings are started because of: Adultery Unreasonable behaviour.   How much does a divorce cost?   The person applying for a divorce (called the petitioner) will have their own legal fees plus the court fee to pay. The court fee is set by the government and is currently £550.   The person responding to the divorce will have their own legal fees to pay. However, the legal fees are likely to be less than those of a petitioner (as normally there is less legal work to do) and there are no court fees payable by a respondent.   The cost of a divorce can normally be quoted as a fixed fee provided that, for example: The divorce isn’t contested by the person responding to the divorce petition The whereabouts of the respondent to the divorce petition are known There are no jurisdiction disputes on whether the petitioner has the right to start divorce proceedings in England or if the divorce proceedings should be started overseas The respondent co-operates with the divorce and completes the necessary paperwork.  Why does the petitioner pay more for divorce proceedings?   A solicitor will charge the person who starts the divorce proceedings more than the spouse who responds to the divorce proceedings because there is a lot more work involved in helping a petitioner. Whitefield divorce solicitors are asked if you should let your husband or wife start the divorce proceedings so they pay the higher divorce bill but at Evolve Family Law we normally advise against that because: If your spouse starts the divorce proceedings they can decide what gets put in the divorce petition If your husband or wife begins the divorce they may decide that they don’t want a quick divorce and what should take a matter of a few months could take a lot longer leaving you in emotional and financial limbo It may not be in your financial interests to wait for your spouse to start divorce proceedings, for example, if there are concerns about divorce proceedings jurisdiction, threats that your spouse may be made bankrupt, worries that your husband or spouse will hide assets or the concern that until you get your decree absolute of divorce the pension administrators won't be able to implement your pension sharing order If you reach a financial settlement with your husband or wife the divorce court doesn’t have the power to convert it into a financial court order until your decree nisi of divorce has been pronounced and the court can't enforce the financial court order for you until you have your decree absolute of divorce.   It is always best to speak to a divorce solicitor about the advisability of agreeing to your husband or wife starting the divorce proceedings as there may be reasons that you haven’t thought of as to why letting them do so really isn’t in your best financial interests.   Can divorce costs be agreed? Divorce costs can be agreed between a husband and wife or civil partners. For example: The respondent can agree to pay all the divorce petition court fee or half of the court fee or The respondent to the divorce can agree to contribute to the petitioner’s divorce costs so that the husband and wife both pay the same amount in divorce legal fees. A respondent should only do this if the petitioner has agreed a fixed fee divorce with their solicitor. That way the respondent knows the potential cost liability rather than the divorce costs being left open ended. [related_posts] What are the legal costs of a separation? In addition to the legal costs of a divorce you may also incur legal fees in connection with: Advice on child custody and contact and, if you can't reach an agreement, representation in court proceedings for a child arrangements order Advice on your financial settlement options and supporting you through family mediation or negotiating a financial settlement for you or representing you in court proceedings for a financial court order.   There is a lot that you can do to minimise your legal fees but it is best to get some divorce legal advice to make sure that any financial settlement or childcare arrangements meet your needs and those of your children. Our Whitefield Divorce Solicitors Whitefield, Manchester and Holmes Chapel based Evolve Family Law solicitors cover all aspects of divorce and family law. Call us or complete our online enquiry form to set up a face to face meeting, video conference or telephone appointment.

​Whilst the world is still in the grips of a global pandemic and with the financial aftermath of coronavirus only now starting to be fully appreciated it is a challenging time to reach a financial settlement. In this blog we look at valuing assets in divorce proceedings and the impact of coronavirus on reaching a financial settlement. Assets in divorce proceedings Prior to looking at the topic of valuing assets, most divorce solicitors are first of all keen to ensure that all the assets that a husband or wife own in their sole name or jointly with their spouse or a third party are listed and disclosed. Supporting paperwork must be provided.   If a husband or wife starts financial settlement court proceedings the court will order them both to complete a document referred to as a ‘’Form E’’. If you are trying to negotiate a financial settlement, without starting financial court proceedings, it can still be useful to complete a Form E. Alternatively your divorce solicitor may prepare an asset schedule and provide that to your husband or wife's solicitor together with all the relevant documents relating to  the assets in the schedule.   Divorce solicitors say that however you provide information about your assets it is essential that you provide full and frank financial disclosure. If you don’t then the likelihood is that any financial settlement negotiations will break down. If your husband or wife finds out about an undisclosed asset after a financial court order has been made your ex-spouse could apply to set aside the court order. They could ask the court to order that you pay their costs and ask that your non-disclosure is reflected in the size of any new financial court award.   Valuing assets in divorce proceedings In such turbulent financial times you may question how you can value assets given the uncertainty about the housing market and recent falls in the stock market with experts questioning whether listed stock has further to fall. Equally, if you own a family business, for example, a hairdressers or restaurant, you may question what value your business has at this moment in time.   Divorce solicitors say that when it comes to valuing assets if a couple can't agree on what an asset is worth then they should ideally joint instruct an expert in the relevant field to carry out a valuation, such as: A surveyor for property such as the family home or a buy to let portfolio or commercial property owned as part of a family business or held within a pension structure An accountant to value non-listed shares or the value of a family business A pension actuary to value a pension.   All valuers, whether they are a surveyor or an actuary, will tell you that valuing an asset is more of an art than a science and that valuations can fluctuate.   In the current pandemic with worries about job security and the impact of that on your mortgage capacity it can make negotiating a financial settlement a worrying time. [related_posts] Whilst there are clearly many uncertainties and challenges ahead of us a specialist divorce solicitor will be able to guide you on: The timing of obtaining valuations of assets and if historical valuations should be updated The importance of taking financial advice and checking things such as mortgage capacity, size of deposit needed for a house purchase or any revised pension projections for a private pension scheme Whether it is best to share risk by dividing each type of asset rather than, for example, one of you keeping all the cash savings and the other getting the equity in the family home or one of you getting the family business and the other keeping the pension and the family home Whether you should agree to a clean break financial court order as that type of court order prevents future financial claims for spousal maintenance by a spouse including if, for example, you can't get a job or you lose your job If you should agree to capitalise any future spousal maintenance payments by giving your spouse a cash sum instead of ongoing monthly spousal maintenance payments.   Next steps Whether you are at the start of your separation or contemplating starting financial proceedings the important thing is to take expert legal advice from a divorce solicitor who has the experience to guide you on how best to achieve a fair and reasonable settlement. That way you can move on with your life, notwithstanding the changes brought about by Covid-19. Online Divorce and Financial Settlement Solicitors Cheshire and Manchester based Evolve Family Law solicitors offer face to face and online appointments to negotiate financial settlements and provide representation in divorce and financial proceedings. If you need advice on any aspect of family law call us or complete our online enquiry form to set up a meeting, video conference or telephone appointment.

Many people question why they need a financial court order. That’s because they assume that if they get divorced then their decree absolute of divorce finalises everything and there’s no need to get a financial court order as once you are divorced it is an automatic end to any financial ties with your former husband, wife or civil partner. Manchester divorce solicitors say that isn’t right and that a financial court order is essential to give you financial security and peace of mind. In this blog we answer your questions about financial court orders and why you need one after a separation or divorce or dissolution of your civil partnership. Does a divorce end financial ties between husband and wife? A divorce doesn’t end the financial ties between a husband and wife or between civil partners. The divorce or dissolution ends the legal relationship of marriage or civil partnership. However, there can be ongoing financial ties or the potential for one spouse or civil partner to start financial proceedings to make financial claims months or even years after the divorce or dissolution proceedings have been finalised through the pronouncement of your decree absolute. How can I stop financial ties with my ex-husband or wife? To stop financial ties with an ex-husband or wife you first of all need to look at what existing financial ties you have, such as: Is the family home still owned jointly? Is there a mortgage on the property? Could one spouse buy the other out and get the spouse released from the joint mortgage liability so that they can use their share of the equity and a mortgage to buy a new property? Are you waiting for the sale of a family home and still contributing towards the outgoings on the property until sale? Are you receiving or paying spousal maintenance? Do you own a family business and does your spouse or civil partner have a financial interest in the business or are they employed by the business? Are you retired and receiving some of your husband or wife's pension each month to support yourself?   There are many other examples of financial ties between a husband and wife or between civil partners. You may not appreciate the extent of your existing financial ties or the potential financial claims. That is why it is best to take legal advice, preferably before you separate but, if not, as soon as you are able to do so after you or your partner has taken the decision to go your separate ways. Will a prenuptial agreement stop financial ties if there is no court order? If you signed a prenuptial agreement or a postnuptial agreement it is important to let your divorce solicitor know because the agreement may limit financial ties between you and your husband, wife or civil partner. In the UK a prenuptial agreement or postnuptial agreement isn’t legally binding so it is best to take legal advice on your separation or divorce as you will still need a financial court order. That is the case whether or not you are both content with the financial terms set out in the prenuptial agreement or postnuptial agreement. Will the death of a former husband or wife end the financial ties? If your former husband, wife or civil partner passes away you may think that is the end to any financial ties but a surviving spouse or civil partner or a dependent former spouse or civil partner can bring a financial claim against the deceased spouse or civil partner’s estate if they can say that the Will or intestacy rules did not leave them with reasonable financial provision. That is why , if you are separating or divorcing, you not only need a financial court order to stop or limit any financial claims but you also need to review the provisions in your Will and take advice on how to avoid a claim against your estate. Does a separation agreement stop financial ties between a husband and wife? If you separate and decide that you don’t want to get divorced you may decide to sign a separation agreement to record how your financial affairs will be regulated. The separation agreement could provide for ongoing financial ties, for example, the payment of spousal maintenance or an agreement that the family home will stay in joint names and won't be sold until your youngest child is eighteen. Alternatively, the separation agreement could say that you both agree that there are no more financial ties between you and neither of you will make any future financial claims against the other.   Like a prenuptial agreement, a separation agreement isn’t a legally binding document and one of you could try to start a financial claim, despite the contents of the agreement or could ask for more provision than that detailed in the agreement. Depending on the circumstances in which the separation agreement was drawn up, the contents of the separation agreement may be heavily influential if one of you were to start financial court proceedings. However, divorce solicitors always recommend that the contents of a separation agreement are converted into a binding financial court order as soon as you are able to do this because a clean break financial court order will give you both financial security and peace of mind. Does a financial court order stop financial ties between an ex-husband and wife? A financial court order will either stop or regulate financial ties between an ex-husband and wife or between civil partners.   A financial court order that says that there are no existing financial ties between an ex-husband and wife and that neither one of you can bring any further financial proceedings against the other or their estate is called a clean break financial court order. This type of court order can either be made by agreement and approved by a family judge or made after a contested court hearing and a ruling by a family law judge.   In many family scenarios you may not be able to achieve a clean break immediately, for example, because you are waiting for the sale of a family home or the sale or transfer of shares in a family business or the implementation of a pension sharing order. However, the court can make what is known as a deferred clean break financial court order. That means once assets have been sold and other aspects of the court order complied with there is a clean break and spouses or civil partners can't bring any further financial claims. [related_posts] In some family situations it isn’t possible to end financial ties either immediately or in the long term. For example, in order to maintain a home for the children the family home may have to remain in joint names as you can't sell the property and the spouse looking after the children in the home can't get the mortgage company to transfer the existing mortgage into his or her name. You may only be able to sever financial ties when the family home is sold. Alternatively, if a former spouse or civil partner needs ongoing spousal maintenance for life you won't be able to stop income financial ties until the spouse or civil partner who is receiving the spousal maintenance remarries.   As it isn’t always financially possible to achieve a complete financial clean break and the end of financial ties between a husband and wife you should try to achieve as much financial security as you can by: A capital clean break – this stops claims for more cash or for the transfer of assets but leaves open ongoing claims for spousal maintenance A deferred income clean break – this gives an immediate capital clean break so a spouse can't ask for more cash such as money from the family home or for a bigger percentage of a pension but keeps open the income the financial ties until, for example, spousal maintenance payments stop. The court order could say that the spousal maintenance payments should stop after three years of maintenance payments with the clean break coming in automatically after three years because the court ruled that the spouse receiving the spousal maintenance should not be able to apply to extend the time spousal maintenance is paid for. Have I got a clean break financial court order? Divorce solicitors find that one of the most common reasons that people don’t understand their financial court order is that they don’t know if they have got an end to financial ties or not. A good divorce solicitor will spend the time with you so that you understand: The range of capital and income court orders that a family court can make either with the agreement of a husband and wife or after a contested court hearing The different types of clean break and end of financial ties that can be achieved Why a clean break may be very important in your particular financial and personal circumstances. For example, if you are a family business owner and you think that your business will significantly increase in value, you are the beneficiary of a discretionary trust, you anticipate receiving a substantial inheritance from a member of your family or you believe that your ex-husband or wife will squander their financial settlement and want to be able to ask for more from you The prospects of you achieving an immediate capital or income clean break financial court order if the judge had to make a ruling on whether to make a clean break financial court order. This information then enables you to try and negotiate and clean break with your former spouse and invite the court to make an agreed financial court order The risks associated with a clean break order. For example, if there is a contested court hearing your spouse after a long marriage may be likely to receive spousal maintenance for life. You could agree to give them a one-off cash lump sum instead of ongoing spousal maintenance to achieve your capital and income clean break. The risk to the payer is that spousal maintenance would not have to be paid if your former spouse remarried, predeceased you or if you lost your employment or business. The risk to the former spouse receiving the one off cash sum is that if the paying spouse’s income increased or business becomes more profitable they could have asked for an increase in the amount of spousal maintenance or for a bigger capitalised spousal maintenance figure. There isn’t often a right or wrong answer on whether or not to agree to a clean break as only you knows how valuable a clean break is in terms of having financial security. However, the important thing is that you are able to make an informed decision on what is best for you and your family. Manchester divorce and financial settlement solicitors Cheshire and Manchester based Evolve Family Law solicitors  specialise in resolving financial issues after a separation or divorce. For legal assistance with financial court orders or any other aspect of family law call Evolve Family Law  or complete our online enquiry form to set up an appointment, a video conference call or telephone appointment.

A divorce court ruling on a Sharia law marriage has called into question the validity of Sharia law marriages conducted in the UK.  You may question why that is important to you as, after all, if you celebrated an Islamic marriage ceremony, witnessed by all your friends and family that is what counts as you are married in the eyes of God. Whilst our Manchester divorce solicitors would not disagree with the significance of the marriage ceremony to you, in the English family court you may not be legally married. Your status as a husband or wife or as a cohabitee could make the difference between whether you get half the family wealth or nothing if you separate. The case of Mr Khan and Mrs Akhtar The legal status of Islamic marriage in the UK is in the news headlines again because of the long running case of Mr Khan and Mrs Akhtar. In the high court Mrs Akhtar sought a divorce from her husband, Mr Khan. He opposed the divorce petition on the basis that they weren’t legally married. Although you would have thought it obvious that they were married because the couple had participated in a Nikah ceremony in a London restaurant conducted by an Imam with about 150 guests, Mr Khan said the marriage  wasn’t legal as whilst it might be a legal marriage under Sharia law it did not meet the requirements of English marriage  law.   The first judge ruled that the marriage was a marriage but classed it as a void marriage. This decision allowed Mrs Akhtar to start financial proceedings as the wife of Mr Khan, something that she could not have done if the high court had ruled that the couple were not legally married. Although the court ruled that the marriage was still a marriage (even though it was void) back in 2018 it has taken until February 2020 for the court of appeal to hear the case and conclude that the couple were not legally married under English law.   Interestingly the appeal wasn’t brought by Mr Khan but by the Attorney General who is joined as a party to court proceedings where the validity of a marriage is called into question. The court of appeal ruling is making Manchester divorce solicitors ask where the decision leaves Mr Khan, Mrs Akhtar and their four children and, just as importantly all those other husband and wife's who have celebrated a Nikah marriage  ceremony recognised in Sharia and Islamic law but not under UK marriage  law.   Is an Islamic marriage valid in the UK? The court of appeal held that the marriage of Mr Khan and Mrs Akhter was invalid (rather than void) and therefore the Islamic marriage isn’t a legally recognised marriage, notwithstanding the 150 guests who attended to witness the marriage ceremony.   The court of appeal ruled that the Sharia law wedding wasn’t a valid marriage because the ceremony took place at a venue that isn’t registered as a wedding venue and therefore no registrar was therefore present to conduct the ceremony. Back in 2018, the high court took a different approach and ruled there was a valid marriage recognised in both Sharia law and under English case law because although the couple hadn’t complied with English marriage law requirements they both held themselves out as a married couple. The court of appeal said that this wasn’t enough as they both knew that they needed to participate in a registered civil marriage ceremony to comply with English marriage law. [related_posts] Does it matter if your Islamic marriage isn’t recognised in the UK? You may question whether it matters if your Islamic marriage isn’t recognised in the UK family law as a valid marriage because, from your perspective, it is your marriage under Sharia law that is the important ceremony to you and your family. However, if you separate and you try to start divorce proceedings you may find yourself in the same position as Mrs Akhtar; told that there is no need for English divorce proceedings because you are not legally married under English law. That means, that for the purposes of your financial settlement, in English family law you will be treated as a cohabitee or unmarried partner.   If your marriage is legally recognised then within divorce and financial proceedings a husband or wife can bring financial claims for a share of: The family home Any other property you own – this property includes houses or commercial property owned in your joint names or in your sole name Your business – your spouse does not need to hold shares in your company or to have worked in the business to be able to make a financial claim against business assets Your pension – your spouse can claim a share in your pension even if your pension was set up prior to your marriage Your savings and investments – your husband or wife can claim a share of your savings and investments even if they are owned in your sole name Your income – a claim can be made for the payment of ongoing spousal maintenance.   By contrast, if you are an unmarried partner or cohabitee you won't be able to claim: A share of your partner’s pension Spousal maintenance Any other assets unless you can prove that you are an owner of that property or that you were promised a share in the property.   If you have children with your partner you can try to claim housing provision and child support for your children but Manchester divorce solicitors say it is a lot harder to bring a financial claim if you are a cohabitee rather than a husband or wife whose legal status in recognised in English law.   What should I do if I have an Islamic marriage? If you have an Islamic marriage and you are concerned that your marriage won’t be legally recognised in English law it is best to take legal advice from a Manchester divorce solicitor. A discussion about your legal relationship status does not commit you to making any decisions and is completely confidential.   Islamic marriages and prenuptial agreements If your husband or wife does not want to participate in a legally recognised marriage ceremony because they appreciate the extent of the financial claims that can be made by a husband or wife on separation (in contrast to an unmarried partner) then one option may be to look at signing a prenuptial agreement to record a fair financial settlement should you separate at a later date. It is vital that you take expert legal advice before committing to sign a prenuptial agreement.     If you are concerned about the status of your Islamic marriage then whether or not you are contemplating a separation or starting civil divorce proceedings you should take legal advice on your situation and options. The specialist divorce law team at Manchester divorce solicitors at Evolve Family Law in Whitefield can help you. Call our Whitefield divorce solicitors or complete our online enquiry form.

For many Jewish women the prospect of getting divorced not only makes them worry about how their children will cope, raises fear for their future financial security but makes them question whether they will end up in limbo, with a civil law decree absolute of divorce from the Manchester divorce court but no religious Get. A new case may bring hope to those worried about securing a Get after their separation and civil divorce.Manchester divorce solicitors If you are divorcing and are worried about securing a Get or about negotiating the childcare arrangements for your children or your divorce financial settlement then the Manchester divorce solicitors at Evolve Family Law in Whitefield can help you. Call us on 0345 222 8 222, complete our online enquiry form or email robin@evolvefamilylaw.co.uk Whitefield based Evolve Family Law solicitors are approachable and friendly, providing pragmatic expert divorce advice, financial settlement solutions and children law resolutions. Call us on 0345 222 8 222 and let the Whitefield divorce solicitors help you.Obtaining a Get The law has tried to help those trapped having secured separation or a civil divorce but unable to move on with their lives because they are not able to secure a religious divorce or Get. In what is being described as a landmark case, a woman has used legislation designed to protect victims of domestic violence to secure her Get. In this blog we look at how she achieved her Get and the alternatives to her course of action.   Obtaining a Get by private prosecution An unnamed women from London obtained her Get after launching a private criminal prosecution against her husband for coercive control.   The case is thought to be the first time that the UK criminal justice system has been used as a means to secure a Get to enable the London woman to be able to remarry according to Jewish law.   If you are wondering about what the judge and jury said, this is a case where the private prosecution of the husband was withdrawn when he agreed to give his wife a Get. That meant his crown court trial didn’t take place and therefore the jury did not have to assess whether the man was guilty or innocent of the law against ‘coercive control’.   The wife used Section 76 of the Serious Crime Act 2015 to bring the private prosecution. The 2015 Act created a new offence of coercive or controlling behaviour in an intimate or family relationship. An offence is committed if: A person repeatedly or continuously engages in behaviour towards another person that is controlling or coercive and the two people are personally connected The person committing the behaviour knows or ought to know that their behaviour will have a serious impact and the behaviour does have a serious impact on the person subjected to the behaviour.   To be charged with an offence under the 2015 Act you must have committed controlling or coercive behaviour towards a ‘personally connected’ person. The law says you are personally connected if: You are in an intimate personal relationship or You live together and are family members or You lived together and were in an intimate personal relationship with one another.    Had the husband been found guilty of the criminal charge then he could have faced a maximum sentence of up to five years in prison. That was probably a very powerful motive to agree to give the wife a Get. However, some may argue that the Get was not freely given by the husband as he felt under pressure to provide the Get rather than offering it of his own free will.   Obtaining a Get through injunction proceedings  In the London case a private criminal prosecution was launched but the case is making Manchester divorce solicitors question whether a Jewish woman could apply for a civil or family court order alleging coercive control as a means to try and secure co-operation and the granting of the Get.   Many women assume that they cannot apply for a family court injunction order because their husband has not been violent towards them, or if he has it was ‘just a push or a slap’. The law on domestic violence is clear, domestic abuse includes emotional and psychological abuse as well as coercive and controlling behaviour. In addition, any form of domestic violence is unacceptable.   Accordingly, some women may want to consider if injunction proceedings would help provide leverage to secure their Get, in the same way that the wife used her private criminal prosecution to achieve her goal of freedom and an end to her being in legal limbo.   Obtaining a Get through UK divorce law For a wife who wants to secure a Get but their husband is not co-operating the most widely known legal option is to use Section 10A of the Matrimonial Causes Act 1973, amended by the Divorce (Religious Marriages) Act 2002).   Under this legislation either a husband or wife is entitled to apply to the divorce court for an order stopping the decree absolute of divorce from being pronounced until the Get is obtained.   In another recent court case, spousal maintenance law was used as a means to achieve a Get. A Manchester businessman appealed against a financial court order made in divorce court proceedings. The court had ordered him to pay spousal maintenance at the rate of £1,850 a month until he gave his wife a Get.   The husband, Mr Moher, appealed saying it was wrong to order him to pay spousal maintenance until he gave his wife a Get because it introduced compulsion and, under Jewish law, a Get should be given of your own free will. The court of appeal disagreed and upheld the spousal maintenance order.   Talk to your divorce solicitor If you need a Get then it is important that you tell your Manchester divorce solicitor this so that they know, in any negotiations, just how important the Get is to you and to your future happiness.   Once your Manchester divorce solicitor understands that you need the Get to re-marry under Jewish law and to have more children then this should be a priority for them. Even if your husband says he will cooperate and give you a Get or you do not contemplate re-marriage, it is still important to record the agreement on securing a Get in case your husband decides not to co-operate.   Robin Charrot, divorce and financial settlement solicitor at Evolve Family Law based in Whitefield, Manchester says:   ‘’ Obtaining a Get can sometimes be hard work when a husband refuses to cooperate or prevaricates. It is vital that your divorce solicitor understands the importance of the Get to you. I have had solicitors question why it is significant to obtain a Get if a wife has achieved a civil UK law divorce as well as sorted out a child arrangements order and her divorce financial settlement. From my perspective, if a client wants Get it means the difference between a wife being able to get over her divorce and move on with her life feeling positive about her future and feeling trapped and forever controlled by her former husband. That is why the Get is so important and why the London landmark private prosecution will generate a lot of interest in Whitefield and North Manchester. It is another option to explore to secure your Get.’’Manchester Divorce solicitors If you are contemplating a separation or starting civil divorce proceedings but are worried about obtaining a Get then Manchester divorce solicitors at Evolve Family Law in Whitefield can help you. Call the Whitefield divorce solicitor us on 0345 222 8 222, complete our online enquiry form or email robin@evolvefamilylaw.co.uk   Whitefield based Evolve Family Law solicitors are approachable and friendly, providing pragmatic expert divorce, children and financial settlement law advice. Call Evolve Family Law on 0345 222 8 222 and let us help you.Latest From Our Marriage & Divorce Blogs:

When it comes to pension rights and answering the question ‘do I have to share my pension if I divorce,’ the frustrating response to hear from a Manchester divorce solicitor is that there isn’t a yes or no answer to your pension rights question. In this blog we look at just how complicated it can be to unravel pension rights on divorce and answer some of the common questions that are raised by husbands or wives worried about the thought of having to share their pension on divorce.   Pension and divorce experts Our Manchester divorce solicitors are often told by husbands or wives that their pension can't be shared on the breakdown of their relationship for a whole variety of reasons including: The pension can't be touched until I retire so can't be shared now The pension was started before the marriage The pension is linked to the family business You can't share a final salary pension on divorce The pension isn’t valuable enough to share on divorce My employer won't let me share my work pension on divorce Pensions can't be shared if you are in a civil partnership and not married.   All of those are wrong! If you start off on ‘the wrong foot’ with misinformation about pension rights on divorce it is very easy to either: Believe your pension can't be touched and therefore be unwilling to negotiate on pension rights and divorce Assume that your husband or wife's pension can't be worth much and is incapable of being divided or shared until you both reach retirement age.   To avoid reaching fixed views on pension rights and divorce it is best to take early legal advice from Manchester divorce solicitors and financial advice so you know where you stand legally and financially. Early advice means neither of you should have entrenched pension positions and be more open to negotiating a financial settlement that may or may not involve sharing pensions.   Joint pensions Many husband and wife's assume that their pension is a joint pension with their spouse. A Manchester divorce solicitor or financial advisor will tell you that a pension is only legally owned by one party so technically the pension will belong to you or to your spouse. Even though you may or may not own the pension, on divorce most pensions are capable of being shared so that the non-owning husband or wife gets a share of the pension.   Pensions can be a complex topic as there are so many different types of pension. You may be adamant that your pension is joint with your husband or wife because: You are both shareholders and company directors in a family business and have a pension linked to the business You both set up private pension schemes at the same time You have property or land owned in a pension fund.   No pension is a jointly legally owned asset. Even if you and your spouse both have funds in a SIPP or own a business property within a pension fund you will both have individual shares in the pension pot.   Although pensions are not joint assets because they are not legally owned by both of you they will normally be taken into account in any divorce financial settlement and can be shared or the pension value offset against the value of other family assets. Are pensions ever ignored in divorce financial settlements? In most separations and divorces pensions are not ignored in the divorce financial settlement. That is because the pension is often the most valuable asset after the equity in the family home.   There are a few limited family scenarios where the value of the pension won't feature highly, for example: A young couple with no children A very short marriage with no prior period of cohabitation before marriage and no children A marriage where the husband and wife agreed to ignore the value of pension assets if they separated or divorced by signing a prenuptial agreement or a postnuptial agreement. This is OK if the terms of the prenuptial agreement or postnuptial agreement meets the needs of the husband and wife.   Are pensions always shared equally? Pension assets may not be shared at all, for example, you may agree or the family court may order that one of you gets a bigger share of other assets, such as the equity in the family home or savings.   If you do agree to a pension share or the financial court order includes a pension sharing order then your husband or wife could get a percentage from one to a hundred percent of your pension fund.   The court is more likely to make a financial court order that includes pension sharing where: The value of the pension funds makes it worthwhile to share the pension. If the pension only has a small value then the administrative costs of sharing the pension may not be justified There are sufficient assets to not require one of you to need to receive all or the majority of the equity in the family home to rehouse yourself and to offset the value of the pension.   Even if you and your spouse or the family court orders that a pension is split equally between husband and wife that doesn’t necessarily mean that you will both get the same amount of pension income from your equal share of the pension fund. The pension income differential can be down to age or gender. That is why many Manchester divorce solicitors and family courts prefer to arrange for pensions to be shared to achieve equality of pension income on retirement rather than a straight equal division of the capital value of the pension fund.   How to value a pension in a divorce financial settlement It is often thought by a husband or wife that valuing a pension in divorce and financial settlement proceedings is easy as you can just rely on the annual statement that pension administrators provide. Most of these annual pension statements will include what is said to be the ‘cash transfer value’ of the pension fund.   If the fund value of the pension is accurate then you may think it is a straight forward process to either agree a pension offsetting figure (the amount that one of you will receive for not getting a share of the pension) or agree the percentage of the pension share. However, the cash transfer value of a pension can be wildly inaccurate or misleading. For example, two pensions may both have a cash transfer value of £500,000. You would assume therefore that as both pensions are worth the same amount they will produce the same pension income on retirement. That’s not the case because one pension may be a final salary pension and the other a personal pension or a SIPP.   Getting expert legal advice and actuarial pension advice can be crucial in helping you: Accurately value your pension assets Reach a fair financial settlement.   Can I ring fence my pension and leave it out of the financial settlement? Manchester divorce solicitors are often asked if pensions can be kept out of divorce financial settlements. Even if you both agree to ignore the value of a pension the asset still needs to be disclosed. A husband and wife are under a duty to provide full financial disclosure. Failure to give information about your pension isn’t in your interests. If you do not disclose an asset then any agreement or financial court order could potentially be overturned at a later date because of the lack of full and accurate financial disclosure.   It therefore pays to disclose the existence of all assets, including pensions, even if you and your spouse chose to ignore the value of the pension in your financial settlement negotiations.   Many husband's and wife's struggle with the idea that the value of their pension may not be ignored in the financial settlement, even though: They started the pension before the marriage and all the pension contributions were made prior to the marriage Their pension is in payment Their spouse is in a new relationship and so they don’t think that he/she needs a share of their pension They signed a prenuptial agreement to say that the value of a pension would be ignored.   Whilst all of the above point are very valid, a family court looks at a range of factors when deciding whether or not to make a pension sharing order as part of a financial settlement. For example, the court will look at both a husband's and wife's needs including pension income needs but will also factor in the length of your marriage, your ages and any pre-marriage contributions or wealth and the existence of any prenuptial agreement or postnuptial agreement.     When is a pension shared? Many husband's and wife's are very keen to avoid a financial settlement that includes a pension sharing order because they mistakenly believe that their spouse will continue to receive the benefit of their hard work and ongoing pension contributions and pension growth from the date of the financial settlement until eventual retirement and pension draw down. That isn’t the case.   If you agree to your pension being shared or the court makes a pension sharing order after a contested financial settlement court hearing then: The pension sharing order will be implemented after the pension administrators receive the financial court order, pension sharing order annex and the decree absolute of divorce. The pension administrator has four months from receipt of the relevant paperwork to implement the pension sharing order Once the pension sharing order has been implemented there will be two separate pension pots (assuming there isn’t a one hundred percent pension sharing order) and any future pension contributions made by you after the order has been implemented will be credited against your pension pot and you will get the benefit of all the pension and investment growth in your pension pot In most cases you will be able to decide when to take your pension completely independently of when your former husband or wife choses to retire and get the pension income from their share of the pension. The position is more complicated if your pension pot consists of property and is a Self-invested pension plans (SIPPs) or is a Small self-administered schemes (SSASs). It is also sensible to take detailed advice about the earliest date you will be able to take the pension income as the pension rules may be different for you and your former spouse and it is best to be fully informed before agreeing to a pension sharing order.   [related_posts] Should I pension share or pension offset? The question of whether you should pension share or offset is really down to your priorities. However, if you are not able to reach a financial settlement with your husband or wife by agreement then the decision over whether to pension share or pension offset may be taken out of your hands as a family judge will decide how your assets , including pensions, should be divided.   If you agree to a pension offset then the value of the pension is offset against other assets owned jointly or individually. This may be vital to you if your priority is to stay in the family home or to keep your shareholding in the family business or family farm. Equally, it can be short sighted to ‘put all your eggs in one basket’ and just get equity in the family home rather than a share of your spouse’s pension.   You may think that, in time, you can downsize and get money out of the family home to fund your retirement. However, the cash from the sale of a family home may not generate anywhere near as much in pension income as a share in your spouse’s final salary pension scheme would have.   Alternatively, you may be adamant that you want to keep one hundred percent of your pension because you realise just how valuable your National Health Service, police, fire service or final salary pension is in comparison to the income you could realistically generate from the pension offsetting figure. However, you may benefit from reality testing your plan to keep all your pension and get less or no equity from the family home as that may mean you struggle to rehouse yourself so you are asset poor and pension rich. All very well for the future, but does it mean you will have a tough time of it until your hoped for retirement and is it worth it?   When it comes to pensions and divorce financial settlements there are always choices to be made, from how you value the pension to whether you share or offset the pension. Taking expert legal advice from Manchester divorce solicitors can help you make informed choices, looking at the short and long term needs of you and your family.   Whitefield based Evolve Family Law solicitors are approachable and friendly, providing pragmatic expert divorce, pension and financial settlement solutions. Contact us today and let us help you.

It comes as a surprise to some people but we are regularly asked the question ‘how do I prepare to separate?’ It's good that we're asked, because the earlier you speak to a divorce solicitor about a planned separation the more they can help you reach an informed decision about whether or not to separate and assist you in making your separation as painless as possible. Where to Start with Planning a Separation The obvious place to start if you are thinking about a separation is to talk to your partner but although that seems the sensible thing to do it isn’t always the best approach because: You may want to take legal advice before speaking to your partner as the advice on the potential child custody and financial settlement options may affect either your decision to separate or the timing of your separation; Talking to a counsellor about your relationship difficulties may help you decide what you want to do and whether you want to suggest couple counselling or a trial separation to your partner. Alternatively counselling may confirm your decision that you want to separate or start divorce proceedings; If your partner is abusive, has a history of hiding assets, or you are worried that if you tell your partner that you plan to leave that they may take the children or destroy sentimental precious possessions then in any of those situations talking to your partner about the separation may not be the best approach. If you do decide to speak to your partner about a separation, then it may not come as a complete surprise to them. However, sometimes a partner has no idea about what their husband or wife is planning so they need time to accept your decision before being able to have a constructive discussion with you about the practicalities of your separation. Talking to the Children About Your Planned Separation Knowing when and how best to talk to the children about a planned separation is always a tough decision. Some parents think it is best not to tell the children about a planned separation until they really need to know, for example, if the house goes on the market or until divorce proceedings are started. However, waiting to talk to the children can be more unsettling to the children as they make pick up on the atmosphere in the family home or hear things from grandparents or friends but be too embarrassed or worried to talk to you about the separation.   In an ideal world, both parents should sit down together to talk to children about a separation. Don’t worry that you don’t know all the answers to questions about precise custody and contact arrangements or your future plans.   Practical Steps When Separating Separating from a partner is very emotional but it can help to focus on practicalities such as: The temporary living arrangements – a Manchester divorce solicitor will advise you that you should not leave the family home without first taking legal advice about whether that is the best option in your personal and financial circumstances. You could, for example, ask your partner to leave or potentially may have the grounds to start injunction proceedings if they won't leave voluntarily. If your separation is amicable then it may be possible for you to continue to live together at the family home until you reach a long term financial settlement but whether you are both staying at the family home or one of you is moving into rented accommodation or staying with family, you will need to reach an agreement on temporary financial matters and payment of bills and child support. You should not finalise any decisions about short term or long term financial arrangements until you have taken legal advice; The parenting arrangements – the parenting arrangements for your children will very much depend on whether you are continuing to live together at the family home until you reach decisions about what should happen to the house. Sorting out the long term arrangements for the children may not be practical until you know one another’s housing plans and whether, for example, it will be feasible for mid-week contact to take place; The financial paperwork - A Manchester divorce solicitor will tell you that you can't reach an informed financial settlement with your partner until you both know your up-to-date financial situation. That may involve finding out things like the value of the family home, the amount of the outgoings on the family home, the amount you have in savings or the value of the family business or pension. If you have a financial advisor or accountant they may have some of this information, such as an investment portfolio document or draft family business accounts. Understand Your Separation Options Prior to taking the decision to separate it helps to know what your separation options are and the ways in which you can reach an agreement over custody and parenting arrangements and your financial settlement. [related_posts] When it comes to separation your options are broadly: A trial separation ; A permanent separation. If neither one of you wants to start divorce proceedings you may want to record any agreement reached about the family home , other property and financial support in a separation agreement; Starting divorce proceedings. Within divorce proceedings a court can be asked to make a financial court order to record the terms of any agreed financial settlement or, if you can't reach agreement, the court can decide how your assets and property should be divided and make a financial court order.   It is often assumed that if you go ahead with a separation that you and your partner will end up in court proceedings over custody of the children, who gets the family home or whether you will get a share of your spouse’s pension. However, experienced Manchester divorce solicitors say that you don’t have to end up in court. It is often possible to reach an agreement over the basis for the divorce proceedings, the custody and contact arrangements for the children and the financial settlement through taking legal advice and getting your solicitor to negotiate a parenting plan and financial settlement or advising you about your legal options during family mediation.   Taking advice on your separation can give you some of the information you need to make an informed and supported decision on whether or not to separate and how to best plan for your future.   Whitefield based Evolve Family Law solicitors offer pragmatic expert divorce, children and financial settlement solutions. Contact our expert lawyers today and let us help you.