Read the latest articles on Family Law from our expert Family Law solicitors here at Evolve Family Law in Manchester & Cheshire.

We put a lot of family law legal information on our website and if you have a single question about your situation, you should find an answer in this blog.

If you need a greater level of help, please contact us and one of our team will call you to make an appointment.

The Autumn Budget Statement and Pensions for Life and Divorce

The Autumn Budget Statement and Pensions for Life and Divorce

On 22 November 2023 the chancellor, Jeremy Hunt, unveiled plans that could eventually give pension holders one pension pot for life.  Accountants and independent financial advisors are all questioning how easy it will be to bring in the scheme for UK workers. However, family law solicitors at Evolve Family Law are delighted by the news because if the proposals are implemented it will make it easier and cheaper for divorcing couples to share pensions as part of their financial settlement.  For expert family law advice call our team or complete our online enquiry form.   Pensions – the forgotten asset in divorce proceedings     When you separate or start divorce proceedings you also need to reach a fair financial settlement with your estranged husband or wife to divide and share your assets.   You will not forget the existence of the family home or a shareholding in the family business but you may forget to disclose an old pension and your husband or wife may not realise that you have 2 or more pensions.   The Pensions Policy Institute estimates that the total value of lost pension pots was almost £27 billion in 2022. That is not surprising with so many people moving jobs and homes and not keeping records. It is also equally unsurprising that pensions get forgotten in divorce proceedings.   The Fair Shares project, funded by the Nuffield Foundation, provided information and data on divorcing couples. Their recent research highlights that about a third of divorcees did not know the value of their pension fund and only a tenth of pension pots that were not in payment were made the subject of pension sharing orders.    The research information from the Fair Share Project emphasises the need for divorcing couples to understand the value of pension pots and how they should not be ignored in divorce financial settlements.  Pension pots and financial disclosure in financial settlement negotiations  If you do not disclose an asset when providing divorce financial disclosure, including a pension, your husband or wife may be able to ask the court to review the terms of a financial court order years later because of the non-disclosure.   It is therefore essential to provide full financial disclosure even if you have several small pension pots from employment prior to your marriage.  Think how much easier it would be for divorcing couples and their family law solicitors if a husband and wife each only had one pension fund. Now a husband and wife can each have 5 or more pensions, all of which need to be disclosed and valued as part of the financial settlement negotiations.  The portable pension pot  The chancellor is proposing one pension pot that an employee takes with them when they change their employment. Whilst employers and pension providers are already flagging up the complexities of portable pension funds family law solicitors can only see the advantages.  With numerous small pension pots, it takes time for pensions to be disclosed and valued as part of divorce financial settlement negotiations. When pension pots are small a husband or wife can be encouraged to ignore their value because the pensions are ‘’not worth the hassle’’. That is often not the case but spouses can be persuaded to ignore them.  Even if a small pension is disclosed and valued a husband or wife may be told that it is uneconomic to share the pension because the pension administrators will charge to implement a pension sharing order.  [related_posts] The lifetime pension pot   The Treasury will be asking for evidence on the “lifetime provider” pension model rather than adopting a policy of portable pensions straight away. It is likely to be some time before the consultation starts and even longer before further pension reforms are made.  Until we get to the age of the lifetime pension pot it is essential to disclose all your pension pots when getting divorced and to understand your pension options when negotiating a divorce financial settlement.  Pension sharing orders   The family court can make a financial court order that includes a pension sharing order. The pension administrator will need to implement the pension sharing order once they are served with the financial court order, pension sharing annex and the final order of divorce.  If the value of a pension is small then it may be uneconomic to share all the pensions. Instead, your family law solicitor may suggest that you get a 100% share of one pension pot rather than pay a pension admin fee to share each pension. That may work for you provided that the pensions are valued correctly. For example, the transfer value of a private pension pot may be the same as a final salary scheme pension but the eventual pension returns may be very different. That’s why you need specialist input from a divorce solicitor and pension actuary or advisor.  A pension sharing order is not your only option. You could agree to offset the value of pensions so you get more from the equity in the family home or you get to keep all your pensions but your spouse gets to keep their savings.  Get help with your divorce financial settlement   Evolve Family Law provides a fixed fee no-fault divorce service and offers a relationship breakdown consultation for a fixed fee to discuss your relationship breakdown and offer initial guidance.  Our ‘relationship breakdown comprehensive initial review’ is priced at £300 inclusive of VAT. It covers one meeting with a qualified lawyer and an assessment of the best routes to resolving your situation.   If you want to know where to start with your separation or divorce or your divorce financial settlement our specialist divorce solicitors can help.  For information on our fixed fees and pricing have a look at Our Prices | Standard Fixed Fees.  For friendly expert family law advice call our team or complete our online enquiry form.  
Robin Charrot
Nov 23, 2023   ·   5 minute read
Black marketing director faces financial disclosure, studies economic forces, surrounded with much papers, dressed in casual shirt, spectacles, poses on floor of cozy apartment. Business education

Research Shows Women Lose Out When They Divorce ‘On The Cheap’

As specialist North West family law solicitors we were interested to read the report from the Fair Shares Project. The Fair Shares project was funded by the Nuffield Foundation. It aims to provide information and data on divorcing couples so lawyers and legislative reformers understand how the current family law system is operating. Divorce solicitor, Robin Charrot, looks at the key research findings and outlines the options to reach a fair divorce financial settlement. For expert family law advice call our team or complete our online enquiry form. The Fair Shares Project research highlights The Fair Shares Project aimed to discover information about the financial and property arrangements made by divorcing couples. The 5 key statistical takeouts from the report are: One in 10 couples in England and Wales did not take advice with their divorce Only 2 out of 5 divorcees made use of family lawyers for advice and support. (That means 60% of divorcees didn’t have the help of a family law solicitor)   Around a third of divorcees did not know the value of their pension fund. (If they did not know the value of their own pension asset it is unlikely that they discovered the value of their spouse’s pension pot) Only one in 10 divorcees with a pension fund that was not paying a pension at the time of the financial settlement agreed to a pension-sharing order as part of the divorce financial settlement. (In most families the value of the pension pot of the husband or wife can be the asset with the most significant value. It all depends on the amount of equity in the family home and whether a spouse has a final salary pension). Only around a third of those getting divorced with assets to share with each other split their assets equally. (The family court starts from the premise that assets should be shared equally unless there are cogent reasons to depart from equality. For example, it may be appropriate that a husband or wife gets less than half if it is a short marriage or where the husband and wife signed a prenuptial agreement before their marriage) The research information from the Fair Share Project will concern divorce financial settlement solicitors as it appears to show that financial settlements are being made without the benefit of legal advice and that they are not fair and potentially do not meet a spouse’s reasonable needs. It is normally the wife who suffers by not getting expert legal advice or through not obtaining financial disclosure from her husband as statistically the wife is often the financially weaker spouse in comparison to the husband. Often that’s because she is the one working part-time because of childcare responsibilities or the one who took a career break to prioritise the children’s needs. [related_posts] How to reach a fair divorce financial settlement People can be wary of calling a divorce solicitor for a variety of reasons, such as: Worry about the costs Concern that a divorce solicitor will suck you into contested financial court proceedings and you would be better off negotiating your own divorce financial settlement Does it make financial sense to talk to a divorce solicitor? Would you buy a family home without a survey? Would you rewire your home if you do not have any training as an electrician? If the answer to either of those questions is no then you get the picture. It can be equally dangerous, from a financial point of view, to agree a divorce financial settlement without first taking legal advice. At Evolve Family Law we offer some fixed-fee services and we are always upfront about costs. As well as providing a fixed fee no-fault divorce service we also offer a relationship breakdown consultation for a fixed fee to discuss your relationship breakdown and offer guidance. Our ‘relationship breakdown comprehensive initial review’ is priced at £300 inclusive of VAT and it covers one meeting with a qualified lawyer regarding all the legal and practical aspects of your situation and an assessment of the best routes to resolving your situation. The consultation fee excludes follow-up work, such as starting no-fault divorce proceedings or writing to your husband or wife to seek financial disclosure or to explore their financial proposals. We can talk to you about potential additional costs when we meet so you can make an informed decision on the best way forward for you. Occasionally we may need to charge a higher fixed fee for an initial consultation. For example, if you want us to read a lot of complex paperwork before the meeting. If that is the case, we will tell you before the initial consultation. The objective of our initial consultation is to look at your options so you get preliminary information and support to help you on the path of negotiating a fair divorce financial settlement that meets your short-term and long-term needs. If you want us to check out a proposed divorce financial settlement and convert your agreement into a binding financial court order then we can do that for you for an additional fixed fee. For more information on our pricing look at Our Prices | Standard Fixed Fees. For information on amicable divorce using our one-lawyer service have a look at Amicable Divorce - One Lawyer Divorce. If you are attending family mediation sessions and would like information on your legal rights and options or on how to convert your mediated agreement into a binding financial court order our page on Mediation Support Solicitors may be of interest to you. For friendly expert family law advice call our team or complete our online enquiry form.
Robin Charrot
Nov 09, 2023   ·   5 minute read
Lgbt, divorce and girl child watching gay parents argue in kitchen with stress, worry or fear in their home. Family, crisis and homosexual men dispute foster kid custody, affair or conflict in house

What is a Cohabitation Dispute?

Family law disputes come in all shapes and sizes. It may be a dispute between a divorcing couple trying to reach a financial settlement or grandparents seeking a child arrangement order so they can get to see their grandchild or a parent terrified that their ex-partner intends to leave the UK with their son or daughter. Increasingly, family law disputes involve cohabiting couples. The couple may be heterosexual or LGBTQI+ and they may or may not have children with disagreements bubbling away over what parenting arrangements are in the child’s best interests. As a specialist firm of Northwest family law solicitors, we can advise you on how best to resolve a cohabitation dispute and help you understand your legal rights and options. For expert family law advice call our team or complete our online enquiry form. What is a cohabitation dispute? To a family lawyer, a cohabitation dispute can be many things as it encompasses any falling out between a couple who are not married and who are not in a civil partnership. A cohabitation dispute can be limited to the arrangements for the children or relate to money and property or both. Cohabitation disputes over children law issues can involve: Disputes over the parent the children will live with after the separation Contact arrangements Applications for child arrangement orders to sort out residence and contact Disputes over whether both parents have parental responsibility for their children Disputes over the exercise of parental responsibility, such as choice of school International family issues, such as one parent wanting to move overseas with the children and the other parent objecting Child support payments Top-up child support through a court order (where the parent paying child support is a high earner) School fee orders to pay for private school fees Requests for lump sum orders to meet the needs of dependent children Requests for housing for children whilst the children are still at school or university Non-children cohabitation disputes normally centre on property, such as ownership of property. This could be the family home or a buy-to-let property portfolio or a family business. [related_posts] How do you resolve a cohabitation dispute? The first step in resolving a cohabitation dispute is to check and see if a cohabitation agreement was signed. If an agreement was prepared, it may set out the parties’ rights to property and what should happen if there is a dispute. For example, the agreement may say that one partner will keep the property and the other must leave the property if the relationship ends. A cohabitation agreement can save you a lot of time and money as it records your agreement. If you did not sign a cohabitation agreement then you may still be able to resolve and agree on the financial and practical issues relating to your separation. You may be able to do this by: Solicitor negotiations Roundtable meetings Collaborative law Arbitration The Evolve Family Law One Lawyer service How does a court resolve a cohabitation dispute? If you cannot reach an agreement you may need to start or respond to court proceedings. Unlike a divorce, a court decides a money or property related cohabitation dispute based on property and trust law. Therefore, the court has less discretion to do what is ‘right’. In divorce financial settlement proceedings the court looks at fairness rather than strict legal and property rights. Talk to a family solicitor about your cohabitation rights If you are in a cohabiting relationship, it’s important to speak to a family law solicitor so you understand your rights. Many people assume that the rights of a cohabitee are the same as a husband or wife or civil partner. They are not. A cohabitee has the same rights as a married person if they are subject to domestic violence in a family relationship and a cohabitee has similar rights if there is a children law dispute over the arrangements for the children. Property law rights between cohabiting and married couples are very different. A cohabitee can't claim spousal maintenance or a share of their partner’s pension. Nor can they claim a share in property or other assets unless they have a legal or beneficial interest in it or they can make a claim based on the needs of a dependent child for housing. This is a complicated area of law. For example, your partner may legally own the family home but the other partner may have a financial claim through property or trust law. That claim gives them a beneficial interest in the property. The court could order the sale or transfer of the property to the non-legal owner. That’s why it’s important to understand your legal rights as a cohabitee. Unfortunately, many people assume they are entitled to nothing as they weren’t married or their name wasn’t on the title deeds to the family home. Whatever your circumstances it is best to speak to a family law solicitor if you are leaving a cohabiting relationship and you want to understand your rights and options. For expert family law advice call our team for an appointment or complete our online enquiry form.
Robin Charrot
Oct 19, 2023   ·   5 minute read
What is a Wife Entitled to in a UK Divorce Settlement?

What is a Wife Entitled to in a UK Divorce Settlement?

When you are contemplating a divorce, you want to know what a wife is entitled to in a divorce settlement. In this blog, our divorce solicitors answer your questions on divorce financial settlements and entitlements. For expert family law advice call our team or complete our online enquiry form. A wife’s entitlement to a divorce settlement After no-fault divorce proceedings are started a husband or wife can start financial proceedings in the family court for a financial court order to provide them with a divorce settlement. The divorce court has the power to make a range of financial court orders, including: Spousal maintenance Payment of a lump sum Sale of the family home and division of the equity in it Transfer of the family home from joint names or one spouse’s sole name to the other spouse Sale or transfer of investments Sale or transfer of shares in a family business Pension sharing In limited circumstances, the court can also make child support orders, such as top-up child support or payment of school fees. In every application for a financial court order, the court has the power to make all or some of these orders in favour of either a husband or wife. The court decision isn’t based on gender but on a range of statutory factors. These are referred to as the section 25 criteria by divorce solicitors. What will a wife get as a divorce settlement? What a wife will get as a divorce settlement depends on the section 25 factors. In the UK there is no statutory formula to say that the wife gets the family home or the husband keeps his pension or business. Instead, divorce solicitors have to look at all the circumstances and the section 25 criteria. If a couple has dependent children, then the divorce settlement will be shaped by the children’s needs. That’s because section 25 factors say that the court’s first concern should be the welfare of those dependent children and how their needs will be met. If the children will continue to live with the wife, then the children and wife will need a house to live in and enough income either via the wife’s salary or child support or spousal maintenance (or a combination of the three) to pay the outgoings on their family home and other reasonable expenditure. The section 25 criteria The section 25 criteria are: The income, earning capacity, property, and other financial resources that each of the parties to the marriage has, or is likely to have in the foreseeable future. This includes in the case of earning capacity, any increase in that capacity which it would, in the opinion of the court, be reasonable to expect a party to the marriage to take steps to acquire The financial needs, obligations, and responsibilities that each of the parties to the marriage has or is likely to have in the foreseeable future The standard of living enjoyed by the family before the breakdown of the marriage The age of each party to the marriage and the duration of the marriage Any physical or mental disability of either the husband or wife The contributions made by the husband or wife or likely to be made in the foreseeable future to the welfare of the family, including any contribution by looking after the home or caring for the family The conduct of the husband or wife if that conduct is such that it would in the opinion of the court be inequitable to disregard it The value to each of the parties to the marriage of any benefit (for example, a pension) which, by reason of the end of the marriage, that party will lose the chance of acquiring [related_posts] Applying the section 25 criteria to work out the divorce settlement A divorce solicitor is experienced in advising on how the section 25 criteria may apply to your circumstances and explaining about the range of likely orders. That expert advice can then help you reach an agreed divorce settlement either through solicitor negotiations or in family mediation. The divorce solicitor can then help you convert your agreement into a binding financial court order. Without knowing about your financial and personal circumstances a divorce solicitor can't advise you on the likely range of orders as the background information is crucial to the outcome of the divorce settlement. The information will involve financial disclosure as, for example, you will need to know the value of the family business or if there is a trust fund or an additional pension. If a spouse is not willing to give financial disclosure voluntarily it may be necessary to apply to the court for a financial court order as the family court can make disclosure orders as part of the financial application process. The divorce settlement process Our divorce solicitors understand that it is frustrating when a divorce solicitor will not give you what you think should be a straight answer to your question about what a wife will get as their divorce entitlement. That’s because the answer varies on the information you give us about your family circumstances. For example, a wife who has been married 20 years may be entitled to half of all the assets (sometimes over 50%) but a wife married for 12 months, and who signed a prenuptial agreement before her marriage, may end up with a very modest divorce settlement. The first step in sorting out a divorce settlement is speaking to a specialist divorce solicitor to understand the information they need and how it applies to your situation. For expert family law advice call our team for an appointment or complete our online enquiry form.
Robin Charrot
Oct 12, 2023   ·   5 minute read
side view of concentrated couple reading contract during meeting with lawyer in office

Is a Prenup a Good Idea?

There is still a bit of wariness about raising the topic of a prenup with a fiancée or signing a prenuptial agreement. In this blog, our Manchester family solicitors look at whether a prenup is a good idea.​ For expert family law advice call our team or complete our online enquiry form. Is a prenup agreement a good option? Manchester prenup solicitors are often asked what the point of a prenuptial agreement is if it isn’t legally binding in the English divorce court. However, although a prenup agreement isn’t binding on the English family court, Manchester prenup agreement solicitors say that provided the agreement is drawn up properly it could be given substantial weight. In real terms, if you are a high net worth individual, a prenup could save you millions. If you aren’t a high net worth individual, a prenup agreement is still a good idea because: The prenuptial agreement could ring fence or safeguard pre-marriage acquired assets, such as a family inheritance, a trust fund, a family business or farm, or a pension that you contributed to many years before your planned marriage The prenup could protect children from an earlier marriage or relationship by making sure that if you get divorced your second wife or husband doesn’t walk away with assets that you brought to the marriage or that you need to provide for your children from an earlier relationship If you draw up a prenuptial agreement before the marriage and the terms are fair to both of you the agreement should reduce animosity and legal costs if you decide to separate at a later date   When will a court follow what is in a prenuptial agreement? If you are contemplating signing a prenuptial agreement then it is essential to know when a court will, or is likely, to follow what is in the prenuptial agreement when ordering a financial settlement as part of divorce proceedings.   There are three potential scenarios if you sign a prenup and either you or your spouse later start divorce proceedings: The divorce court ignores what is in the prenuptial agreement – either because the court doesn’t think that the agreement was drawn up with safeguards in place or doesn’t meet one spouse’s needs The divorce court places weight on the prenuptial agreement and although the agreement isn’t followed to the letter the divorce court makes a financial settlement award that is less generous than it would have made had the prenuptial agreement not been signed The divorce court follows the agreement recorded in the prenup and makes a financial settlement and financial court order in accordance with the provisions in the prenup   You are more likely to get the divorce court to follow options 2 or 3 if the court is satisfied that the prenup was freely entered into by each party to the agreement with a full appreciation of its implications unless in the circumstances prevailing at the time of the separation or divorce it wouldn’t be fair to hold the parties to the terms of their prenup agreement. [related_posts] It is often assumed that there is no free will involved in signing a prenuptial agreement as either the intended husband or wife has all the power and the other person feels that they have little alternative but to sign the prenuptial agreement if they want to get married. However, prenup solicitors say that every prenuptial agreement should be freely entered into to avoid the divorce court ruling that one person didn’t understand the agreement and therefore shouldn’t be bound by its terms. To give the prenuptial agreement the best chance of being upheld in any subsequent divorce and financial proceedings, the following requirements should be met: The terms of the prenup must be fair and meet the needs of the parties and any children who are dependent on them. If the agreement isn’t fair, it isn’t likely that the agreement will be fully upheld or even partially upheld. A good prenup solicitor can advise on the fairness principle the divorce court uses to guide you on what provisions to put in the agreement The prenup was entered into voluntarily with no undue influence or duress and of your own free will and signed and executed as a deed There is financial disclosure of each other’s financial circumstances. Financial disclosure is essential even if you are wary about detailing the full extent of your net wealth or your partner is embarrassed about their debts or income. Unless you know what the other has you can’t make informed choices about what should go in the prenup and what would be fair provision if you were to separate The prenup should be signed in advance of the wedding. The recommendation by the Law Commission report is that prenuptial agreements should be entered into at least 28 days before the marriage or civil partnership Independent legal advice on the prenup is taken. That is to ensure that you both understand the legal consequences of signing the prenup and what you might be gaining or losing by entering into the prenuptial agreement   Should I sign a prenup? You should only sign a prenup if you are willing to be bound by the terms of the agreement. You should not enter a prenuptial agreement thinking that you can argue, in any subsequent divorce proceedings, that the terms of the agreement are unfair to you. That argument may not succeed if the agreement was drawn up properly with the safeguards in place.   Likewise, if you have substantial pre-marriage acquired wealth or you want to ring-fence specified assets or you don’t want financial arguments at the time of any divorce proceedings a prenup can be a sensible option for both you and your intended husband or wife. We are Manchester Prenup Solicitors Manchester and Cheshire-based Evolve Family Law solicitors specialise in preparing relationship agreements and advising on prenuptial agreements. For advice about a prenuptial agreement or relationship agreement or other aspect of family law call us or complete our online enquiry form.
Robin Charrot
Oct 04, 2023   ·   6 minute read
Divorcing a Husband or Wife with a Mental Illness

Divorcing a Husband or Wife with a Mental Illness

If your husband or wife has mental health issues it is natural to be concerned about whether you can get divorced and the impact of the divorce proceedings on your spouse. In this blog, our North West divorce solicitors examine the difficult topic of starting divorce proceedings where your husband or wife suffers from a mental health illness. For expert family law advice call our team or complete our online enquiry form. Starting divorce proceedings when a spouse is mentally unwell If your husband or wife is mentally unwell it may have nothing to do with the reasons behind your decision to separate or it may be a contributing cause. Divorce solicitors always recommend that before divorce proceedings are started you take the time to reflect on the reasons for marital difficulties and to see if the problems can be resolved. For example, through couple or individual counselling, a spouse sticking to a medication regime, or other strategies. If a marriage has irretrievably broken down then it is right to be concerned about the impact of divorce proceedings on your husband or wife if they are unwell. Making sure they have access to support from friends or family or professional help from a counsellor is a good starting point. Whilst divorce proceedings may sound stressful the reality is that getting divorced does not involve going to a court hearing or needing to blame your husband or wife for the marriage breakdown in the court paperwork. That’s because, with the introduction of no-fault divorce proceedings, there is no need to say why you want to get divorced. All you need to do is file an application (either jointly with your spouse or on your own) and then follow the new divorce court process to secure a final order of divorce. Mental capacity, divorce, and family law proceedings If your husband or wife is going through a mental health crisis there may be a question mark about their ability to make decisions within family court proceedings, such as your divorce application, negotiating a financial settlement, or responding to your application for a child arrangement order. Your husband or wife may not have what is referred to as the ‘mental capacity’ to make decisions. In other words, they cannot understand the decisions they are making or the impact of their decisions. If this issue is raised then a medical professional will need to see if the person has capacity. Mental capacity is not straight forward as a person may not have capacity even though they are living at home whilst someone who is sectioned in a hospital may have the capacity to play a part in court proceedings. Mental capacity can be affected by a whole host of conditions such as a diagnosed mental health condition ( for example, schizophrenia or personality disorder) or severe alcohol or drug abuse, or through a physical condition that may impact capacity, such as a stroke or seizure. A loss of mental capacity can be temporary in nature or permanent, depending on the nature and the severity of the condition. Assessing mental capacity Mental capacity is assessed by looking at whether your spouse has an impairment of their mind and if the condition means they are unable to make specific decisions when they need to. To be judged capable of making a decision your husband or wife needs to be able to understand the information they are being given, retain the information, and then be able to weigh it up to make a decision. [related_posts] Litigation friends and family law proceedings If your husband or wife does not have the mental capacity to make decisions in divorce, financial settlement, or child arrangement order proceedings you can still go ahead and make your application but your spouse will need to be protected by the court appointing a person to act as their litigation friend. You can not be appointed as their litigation friend as there would be a conflict of interests but a friend of your spouse or a family member could be appointed. Their job is to talk to the person who does not have capacity, to instruct their family law solicitor, and to act in their best interests. For example, your husband or wife may say that you can have everything (the family home, business, pension, and savings) but their litigation friend should be looking at what would be a fair financial settlement for both of you as your spouse will need somewhere to live and the means to support themselves. If no family member or friend can act as a litigation friend, then the Official Solicitor may be appointed as your spouse’s litigation friend. The appointment of any litigation friend will end if a spouse can show that they have regained their mental capacity. Divorcing a husband or wife with a mental illness Divorcing a husband or wife who suffers from mental illness brings added stress for you. Sometimes it can feel as if your mental well-being is being ignored because your ex-partner’s needs are so great. At other times, you may be caught up in feelings of guilt or anger. You may have felt driven to start a divorce or commence financial settlement proceedings or be experiencing distress because you have applied for a child arrangement order as you are concerned about your ex-partner’s behaviour towards your child. Whatever the reasons behind your emotional stressors, it is important that you have the right support behind you, including help from a specialist divorce solicitor with experience in advising those caught up in family law proceedings where one husband or wife suffers from a mental illness or is experiencing a mental health crisis. For expert family law advice call our team or complete our online enquiry form.
Robin Charrot
Aug 07, 2023   ·   5 minute read
Family Law Solicitor Sarah-Jane Whittaker Joins the Evolve Family Law Team

Family Law Solicitor Sarah-Jane Whittaker Joins the Evolve Family Law Team

We are delighted to announce that we have expanded (again!) with the arrival of newly qualified solicitor Sarah-Jane Whittaker.   Sarah is the third of our new solicitor arrivals following closely on the heels of family lawyers Ellie Stokes and Eluned Roberts. Sarah will be mainly based at Evolve’s North Manchester office in Whitefield. She will work predominantly with Robin Charrot on divorce, financial settlements, and prenuptial agreements.   Robin Charrot says ‘It is no lie to say that I am really pleased that Sarah-Jane has joined the team in Whitefield. We were exceptionally busy so having an extra pair of hands is great news.   ‘Sarah is a recently qualified solicitor who is determined to specialise in family law. She has a particular interest in financial settlements. That’s good news as most of my family law work involves complex financial applications with disputes focussed on family businesses, trust arrangements, or complicated pension schemes. This type of solicitor negotiation and family litigation involves lots of documents and attention to detail. It, therefore, benefits clients to have Sarah-Jane working alongside me as well as managing her first caseload of no-fault divorces.   ‘With the arrival of young legal talent, like Sarah-Jane, Ellie, and Eluned, Evolve Family Law is investing in the future. After all, everyone at the office keeps telling me that I am not getting any younger with over 25 years of family law experience behind me. Evolve’s 2022 conversion to employee ownership has encouraged founders Louise Halford and me to invest in the next generation of family law solicitors so they share our ethos on what it takes to be a great family law solicitor and understand the importance of law as a service-led profession, here for our clients’.   Sarah-Jane has this to say ‘ After years of education and training in Cheshire and Manchester, including part-time studies whilst employed as a trainee solicitor, it is great to finally be a qualified solicitor in a niche family law firm.   ‘I love family law as I am a ‘people person’ and enjoy talking to clients about what matters to them. However, put an Excel spreadsheet in front of me and I am engrossed for the afternoon. Sadly, I also get excited about financial disclosure and finding hidden assets in financial settlement proceedings. That’s why it is working so well at Evolve Family Law as I can do some of the background work at a fraction of the cost of a senior lawyer so both the clients and I gain. It’s a win-win situation.   ‘As the first person in my family to go to university and work in a law firm, I think I have a greater appreciation than most about just how intimidating it can be to pick up the telephone to speak to a lawyer or to come to a first consultation. I aim to put everyone at ease so clients get the most out of talking to a divorce solicitor.’   If you need family law advice the expanded team of divorce solicitors at Evolve Family Law is here to help you.   For expert divorce, children law, financial settlement, and private client law advice call Evolve Family Law today
Robin Charrot
Jul 27, 2023   ·   3 minute read
One Lawyer Divorce for Amicable Separations

One Lawyer Divorce for Amicable Separations

Sharing Your Divorce Solicitor It is possible to separate amicably from your husband, wife, or civil partner and sort out no-fault divorce proceedings, agree on a parenting plan to record the living and contact arrangements for your children and achieve an agreed divorce financial settlement with a financial consent order – all through using a one lawyer divorce and family law service. For amicable divorce help call our team of specialist divorce lawyers or complete our online enquiry form. What is one lawyer divorce? One lawyer divorce is pretty straightforward – the separating couple uses one lawyer to sort out all the legal aspects of their separation and divorce, rather than each engaging their own divorce lawyer. One divorce lawyer advises you and your former partner and prepares all necessary legal documents on behalf of you both in your divorce and financial settlement. The benefits of one lawyer divorce One lawyer divorce can have huge benefits, such as: You both get the same information. This avoids misunderstandings and conflicting advice that undermines your common goal to resolve matters You pay for one lawyer rather than you each having to pay for separate lawyers. The lawyer is committed to helping you both resolve matters fairly and amicably, avoiding the need for court or duplicated legal fees You work together to get the information you need, such as help from a financial adviser or a report from a pensions expert You avoid delay, as the lawyer drafts all the legal paperwork and explains it to both of you. This avoids any delay or confusion that can occur with two divorce solicitors reviewing and amending draft versions of court documents. With one lawyer, you do not risk undermining and undoing all the efforts put into negotiating and reaching an agreement Is one lawyer divorce right for you? At Evolve Family Law we recognise that one lawyer divorce isn’t right for everyone. However, if you are looking for an amicable divorce then it may be good option for you and your spouse or civil partner. When looking at whether one lawyer divorce is the right way forward for you ask yourself: Are you able to work together with your ex-partner to resolve matters amicably? Are you both ready and able to have direct and open discussions? Are you both committed to working together to achieve a common goal to benefit your family as a whole? Are you both willing to be open and honest about finances and factual information? Can you trust your ex-partner to be honest with you? Do you want a cost-effective separation and divorce? If you are interested in our one-lawyer divorce service then the first steps are for you and your former partner to have separate meetings with your one-lawyer divorce solicitor, so they can confirm that the process is the best fit for both of you. As one lawyer divorce is not suitable for everyone, it is important that both of you and your divorce solicitor take the time to make sure that using one divorce lawyer is appropriate for you both. At Evolve Family Law our one-lawyer divorce service is provided by specially trained expert family law solicitors who comply with the principles, standards, and guidance from Resolution (an organisation for family justice professionals who work with families and individuals to resolve issues in a non-confrontational manner). [related_posts] Alternatives to one lawyer divorce There are many reasons why one lawyer divorce may not be the right option for you. That does not mean that the divorce solicitors at Evolve Family Law will not be able to help you; we will just need to help you in a way that is right for you and your family. One lawyer divorce may not be suitable for you if: There has been domestic abuse in the relationship. This could be physical or emotional abuse or coercive control There are or have been concerns about the safety of one of you or a child There is a high level of emotion and conflict There are concerns about the ability of either of you to freely and fully engage in the one-lawyer divorce process There are complex legal issues that cannot be resolved consensually Either of you is reluctant to disclose information Just because one lawyer divorce is not right for you, it does not necessarily mean you will have to engage in highly contentious, protracted, and expensive court proceedings. There are many other options available for couples to resolve matters amicably, such as: Solicitor negotiations – you and your ex-partner each appoint your own divorce solicitor and the solicitors then negotiate childcare arrangements or a divorce financial settlement and the solicitors work together to sort out the legal paperwork for you Mediation – a neutral impartial mediator can assist you to reach a mediated agreement with the help of mediation support from family lawyers Collaborative law – you still engage in open and direct discussions, but you each have a divorce solicitor who is specially trained to advise and support each of you. You all commit to resolving matters without going to court Early neutral evaluation – you ask an independent family law solicitor to indicate what they think is fair, to help you make decisions together on any issues that remain in dispute with your ex-partner Arbitration – an arbiter (independent judge) is appointed and they decide the outcome of any disputed issues. You are each represented by your specialist divorce solicitors during the arbitration process. The arbiter’s decision is binding, so that you get a decision in a process that is similar to court but it is quicker as it can be tailored to your circumstances How do I decide if one lawyer divorce is right for me? It is important that you have the opportunity to make an informed decision about what legal process is right for you when separating, to help you resolve matters and be able to move forwards. Expert advice at an early stage can help you decide if one lawyer divorce or any of the other processes are the right way for you to sort out the legal aspects of your separation for your family. Next steps We offer a fixed fee initial consultation in which we can discuss all legal and practical aspects of your separation and assess if one lawyer divorce is the best route for you to take. For amicable divorce help call our team of specialist divorce lawyers or complete our online enquiry form.
Robin Charrot
Jun 29, 2023   ·   6 minute read
Evolve Family Law Celebrates First Annivrsary as an Employee Ownership Trust

Evolve Family Law Celebrates First Annivrsary as an Employee Ownership Trust

It seems fitting that as Evolve Family Law marks its first anniversary as an employee ownership trust Friday 23 June is EO Day, promoted by the Employee Ownership Association.   In this blog, founder and family law specialist, Robin Charrot, takes a look back at the last 12 months and assesses what being an employee-owned company has meant for Evolve Family Law and its employees and clients. As one of the first law firms in the North West to become an employee-ownership trust, he also answers some of the frequently asked questions on the benefits of employee-owned companies.   For expert family and private client advice call our team or complete our online enquiry form.   What is an employee ownership trust? The simplest way to explain employee ownership trust to our clients is that Evolve Family Law is the ‘John Lewis’ of the legal world; all our employees are owners and partners in the business. Each employee still gets their salary each month but every member of the team is incentivised to make a success of the firm that they part own. If the firm does well, all of the employee-owners benefit financially. That applies to everyone; whether they are a family law solicitor, private client paralegal, or legal administrative assistant.   Does employee ownership trust bring any benefits to clients? The ethos of Evolve Family Law is excellent client service with the client put first and foremost. Evolve did not convert to an employee ownership trust lightly as we wanted to make sure it would add value for our clients as well as to our employees. It has, because although we were always a friendly bunch of people, everyone now has a direct interest in the long-term growth and success of the firm, and the best way to succeed and grow is for everyone to treat our clients well, to make them feel valued, and to get great results for them at competitive prices. With employee ownership trust status there is a real buzz about the office. There is confidence and ambition in the air. When we achieve success for a client, and particularly when they add to our collection of 5-star Google and Trustpilot reviews, the whole office feels a sense of achievement. With everyone being an owner, we can all speak up and suggest improvements to the way we do things. That may not sound very progressive but it is a cultural sea change when our legal assistants can be at the forefront of driving change to make us more efficient in our client service. It makes sense that our apprentices are coming up with great ideas as they are the future of the firm and know, from doing the hard work, how we can improve our systems and services for clients. Working for an employee-owned company Over the last 12 months Evolve Family Law has rapidly expanded with the recruitment of 3 extra family law solicitors to meet the growing demand for our services. We think that employee ownership trust status has helped us recruit some great new solicitors who were interested in joining Evolve partly because of the opportunity of working in an employee-owned company where their voice would be heard and they would not just be a ‘pen pusher’ but an owner with a future in the firm. One of the things that family law clients hate is if a solicitor leaves a law firm and they have to change solicitor. We hate that as well although accept that sometimes people have to leave us for family or other reasons. We believe that becoming an employee ownership trust helps gel us as a team and that one of the significant benefits for both Evolve and our clients is staff retention as everyone has a say, makes a difference in the business, and financially benefits from the firm doing well. That isn’t something that you get in most law firms. [related_posts] A founder’s perspective on Evolve converting to an employee ownership trust Evolve was founded by solicitors Louise Halford and Robin Charrot in 2015 after both decided that they wanted to set up a niche family and private client law firm with a difference. After both working in large commercial law firms in Manchester and Cheshire it was a refreshing change to start from scratch to create a firm that they were both immensely proud of. Robin Charrot says ‘ Evolve was rather like my fourth child – carefully cossetted with vast amounts of time spent in helping it grow. As a founder member with Louise, it has been a privilege to watch Evolve develop into the firm it is today. The easiest thing would have been to have done nothing – just stay as the ‘bosses’ and not ‘evolve’, or ‘sell out’ to a bigger law firm, or Private Equity. We knew that wasn’t the best option for our clients or the firm’s loyal employees. The last 12 months have been transformative for all of us. I no longer see Evolve as ‘my baby’ but as the product of co-parenting by the team at Evolve. The decision to become an employee-owned company has secured Evolve’s long-term future as one of the premier North West law firms and we have the Employee Ownership Association to thank for helping us on our journey to becoming an employee ownership trust’.  Louise Halford adds ‘ When you set up a law firm you feel a tremendous sense of responsibility to your employees and your clients. That’s why becoming an employee ownership trust was such a big deal to me. I wanted to secure the firm’s future so that in 20 or 30 years the sons and daughters of our current clients can come to us for their prenuptial agreements and estate planning advice. To me, the best way to secure the future of Evolve and make sure that we adapted to change was to trust our employees. The last 12 months have proved that we were right to place our trust in them and the support of the Employee Ownership Association’.      For expert family and private client advice call our team or complete our online enquiry form.
Robin Charrot
Jun 23, 2023   ·   6 minute read