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.

Can I Change the Locks if I am Separated?

Can I Change the Locks if I am Separated?

As family law solicitors we are often asked whether it is OK to change the locks to the family home. Sometimes we are asked this question before a husband, wife, civil partner or unmarried partner has decided to separate. On other occasions, the locks have already been changed and an ex-partner has already been excluded from what was their family home. For expert advice on family law call our team of specialist divorce lawyers or complete our online enquiry form. Separation and changing the locks Locks are a hot topic as emotions, trust, and control issues can all be engaged when the subject of locks and access to the family home is mentioned. A lot of people assume that if the locks to the family home are changed that means the excluded spouse, civil partner, or cohabitee loses their legal rights or financial claims over the property. That assumption isn’t correct. A change of locks does not confer ownership of a property on the spouse or partner who now controls access to the property. Your property rights will depend on your legal status – whether you are a spouse or civil partner or whether you were in an unmarried relationship. For spouses and civil partners, property rights stem from family law. For unmarried couples, their family home rights stem from an interpretation of property and trust law. If you cannot agree with your partner on whether a house should be sold, or transferred to you or your ex-partner, then the court can decide on the appropriate order. In urgent cases involving domestic violence or abuse, the court can make a temporary injunction order to exclude a partner from the property. The court can then decide on long-term property ownership at a later date. Changing the locks if you own the property Some people assume that if they own the family home in their sole name, they can change the locks and exclude a spouse. That is not right. A spouse has a right of occupation in a family home, whether the property is owned in joint names or not. Whether or not the locks have been changed any financial claims to the house continue until there is an agreement or a family court order. Another common assumption is that it is OK to change locks once a spouse has left the family home as once the decision to leave has been made by them then they cannot change their mind and come back. That is not correct either. In some situations, a homeowner may ask their family law solicitor about changing locks as they want to feel in control of a property. In other cases, there are genuine worries either over privacy or personal security. If it is accepted that one spouse should leave the property then it is usual to agree that, whether they retain the key or not, they will only return at an agreed time and for a reason. For example, to collect remaining items. If there are concerns about personal safety and domestic violence the court can make an injunction order setting out who can occupy a family home until a long-term decision is made on whether or not the house should be sold or transferred to one spouse or partner. [related_posts] Changing the locks when you have children Where there are children there is often an argument that a spouse or partner should retain a key so that they can come and go to see the children. Whether that works all depends on how a couple has managed their separation. In some scenarios, both adults and children are comfortable with mum or dad returning to put children to bed with a book or to babysit but, in other families, continued key access can give very mixed messages to both adults and children and cause anxiety. It is important to talk to a family law solicitor about property ownership and locks and to reach an agreement on whether locks are changed or not. You may need to discuss whether you or your ex-partner can get access to the property until the financial settlement is reached. Locks and reaching an agreement over the family home The hot topic of locks should not distract from what is often the equally emotional but trickier issue of sorting out what will happen long-term with the family home. The obtaining of estate agent appraisals and exploration of mortgage options enables a separated couple to make well-informed decisions about what they want to happen to the family home on a long-term basis. Those decisions can be made by the couple with the help of their family law solicitor or during family mediation. If an agreement cannot be reached then whether you are a spouse, civil partner, or former cohabitee, the family court can be asked to sort out who is entitled to enter the property and live in it on a short and long-term basis. What is important to realise is that changing the locks to a family home does not confer property ownership as that is all down to agreement or the court order. For expert advice on family law call our team of specialist divorce lawyers or complete our online enquiry form.
Robin Charrot
Jun 13, 2023   ·   5 minute read
Woman meeting notary for advice

How do I get a Financial Court Order?

Applying for a Financial Court Order when you Have Reached a Divorce Financial Agreement If you have reached an agreement with your ex-husband or your ex-wife about how your assets will be split after your divorce you may question if you need a financial court order. A divorce solicitor will tell you that a court order is necessary and explain what could happen if you don’t obtain an order. For expert advice on divorce and family law call our team of specialist divorce lawyers or complete our online enquiry form. Why you need a financial court order If you have reached a divorce financial settlement by agreement, you still need a financial court order. There are several reasons why you need an order: It gives you financial security – if your ex-partner changes their mind and wants more than you originally agreed upon you can rely on the court order to prevent additional claims for cash. For example, your ex may say the original agreement was unfair because the value of your business has gone up more than the equity in the family home or that they need more because they did not get a share of your pension when they negotiated the financial deal You can enforce a court order – you may think that your ex-spouse won't breach your agreement but, for example, if you agreed that the family home would be sold, they may be reluctant to sell the property if it means they have to downsize. A court order can include the mechanics for the sale and if a spouse is resistant to a sale the court can order that a judge has the authority to sign the transfer documents. You may think it unlikely that you will need to enforce an order but situations change, such as your ex-spouse or you meeting a new partner, and that altering the dynamics Pensions – if your financial agreement includes pension sharing the pension administrator is not allowed to implement your agreement until they have a financial court order, pension sharing annex, and the final order of divorce   Third parties – you may need a financial court order where third parties are involved. For example, if one of you is at potential risk of bankruptcy with the involvement of a trustee in bankruptcy. For example, if a mortgage company will only transfer the mortgage into your ex-spouse’s sole name if the transfer is made under a court order or if there is a spousal maintenance order so your ex-spouse can persuade the mortgage company that they have enough income to be able to take the mortgage over on their own Clean break – some financial agreements include a clean break to stop any future financial claims by you or your ex-spouse. If you have negotiated a clean break, it is important to have the security of a binding financial court order that endorses and confirms the clean break [related_posts] Applying for a financial court order If you have reached a financial agreement through direct discussion, solicitor negotiations, or family mediation there is normally no need to go to a court hearing to get your financial court order. Your divorce solicitor can send the paperwork to the court for approval and, in the vast majority of cases, a judge will agree to make the financial court order with no alterations to the draft order or only minor ‘drafting tweaks’. Broken down into stages, to obtain a financial court order you have to: Check there is an agreement that is capable of being made into a financial court order – if you negotiated your agreement direct then your divorce solicitor can check your agreement for you Check if the court can make a financial court order – the court can only make a financial court order once you have obtained a conditional order of divorce. If you got divorced some time ago and have a decree nisi of divorce the court can still make a financial court order Check if any relevant third parties are OK with the agreement. For example, the mortgage company if a house and mortgage are going to be transferred into one spouse’s name or a pension administrator if a pension sharing order is being requested Draw up the draft financial court order and exchange it with your ex-spouse’s solicitor and make any changes needed Swap statements of financial information summarising your assets and income. These statements are filed in court with your draft financial court order. The court will not approve a financial court order unless these statements are prepared and filed Send the draft financial court order to any relevant third parties. For example, to a pension administrator for their approval of the wording of the pension sharing order Ask the court to approve the financial court order by sending the court the required paperwork and court fee. In the vast majority of cases, the judge will make the financial court order requested if the order has been properly prepared and the statement of financial information explains why the court order has been agreed upon Answer any questions the court may have on the proposed financial court order Once the sealed financial court order is received from the court send it to any relevant third parties. For example, the pension administrator, financial advisor, or property solicitor if the financial court order includes pension sharing, investment transfers, or the transfer of property Finalise the divorce proceedings as without the final order of divorce the financial court order cannot be enforced Diary up. If the financial court order includes spousal maintenance your divorce solicitor should check and diary up review dates for increases in line with retail price index rises or end dates and make sure everything in the court order has been sorted out, such as the implementation of a pension sharing order, the taking out of life insurance or changes to a pension nomination That list may look exhausting but the job of a divorce solicitor is to convert agreements into financial court orders. At Evolve Family Law we recognise that if you have reached a financial agreement, you do not want to hang around whilst divorce solicitors get out their fountain pens to prepare financial court paperwork and then post it back and forth between spouses and solicitors. Evolve uses technology to standardise and speed up the process of drafting family court orders, and as importantly, to make the obtaining of a financial court order more cost-effective and value for money for you. It is the combination of experience and technology that means Evolve Family Law can offer transparent pricing and fixed fees for financial court orders. We are proud to say that we are one of the first law firms in the country to publish our fees online in a handy user-friendly guide without hidden extras as the quoted fees include VAT. Some financial court orders are more complicated than others, especially where there are businesses or trusts involved, and in other situations, you may not be able to reach a financial agreement and so need advice on the financial court process. Whatever the situation you find yourself in, Evolve Family Law can help with friendly approachable expert assistance combined with transparent costs. The first step is to contact us to discuss how our divorce solicitors can help you. For expert advice on divorce and family law call our team of specialist divorce lawyers or complete our online enquiry form.
Robin Charrot
Jun 08, 2023   ·   7 minute read
selective focus of couple sitting at table with divorce documents

International Divorce: Where Should I Get Divorced?

Once you have decided to divorce your husband or wife the next question you may need to consider is whether to get divorced in the UK or abroad. If you or your spouse has links to more than one country it may enable you to exercise a choice about the country where divorce proceedings are started. That decision could have a major impact on the amount you either pay or receive as a divorce financial settlement. That’s why it is vital to get specialist help from a divorce law solicitor before your spouse takes the decision away from you and starts their own divorce proceedings in their country of choice. For expert advice on divorce and family law call our team of specialist divorce lawyers or complete our online enquiry form. Divorce proceedings and the choice of country You may be able to get divorced in England even though you got married overseas or even if neither of you is a British citizen or neither of you has indefinite leave to remain. The law says that to get divorced in either England or Wales either you or your husband, wife, or civil partner need to meet one of these criteria at the time you start divorce proceedings (or dissolution of civil partnership proceedings): You are both last habitually resident in England or Wales and one of you still lives here or Your spouse or civil partner is habitually resident in England or Wales or You are habitually resident and you have lived in England or Wales for at least one year immediately before applying for the divorce or You are habitually resident and have lived in England or Wales for at least six months before starting the divorce proceedings or You and your husband, wife, or civil partner are both domiciled in England or Wales   Equally, even though you are a British citizen and you currently live in the UK, you may be able to start divorce proceedings elsewhere if your spouse has international links to another country. [related_posts] Changing the country of divorce In some situations (for example, where the competing jurisdictions are EU countries) if you or your spouse start divorce proceedings in one country and the other spouse contests that court’s jurisdiction then the court may decide that another country has a closer connection to hear the divorce proceedings. That means that although speed can be important it is equally vital to talk to an international family lawyer before you start divorce proceedings in a country where there is a strong risk that the court will rule that there is a closer connection in another country. Getting your choice of country right International divorce solicitors recommend that advice is taken rather than assuming that you do not have a choice of country in which to get divorced, assuming that the choice of the country does not matter, or believing that England will always be the best country in which to get divorced. Sometimes people are surprised by the divorce jurisdiction options available to them and how much difference the country in which you get divorced affects the size of the divorce financial settlement. Is it worth a divorce race to start divorce proceedings in a divorce country of choice? The decision to start divorce proceedings shouldn’t be rushed but for some spouses delay in starting divorce proceedings can result in their spouse seizing the financial advantage by starting divorce proceedings in their choice of country. The questions to ask are: Am I sure I want to get divorced? If you are not certain then taking the decision to quickly start divorce proceedings in your preferred country may mean it is harder to reconcile What are the choice of countries? The choice of countries, such as whether they are all in the EU, may affect the decision on whether the speed is important Is it likely that my spouse will be honest about his or her finances and want to reach a fair financial settlement? If your spouse probably wants to reach a reasonable financial agreement then starting early divorce proceedings in your choice of country might alienate them and make it harder to reach a financial agreement. However, if your spouse isn’t likely to be honest about the family finances then issuing speedy divorce proceedings in your choice of divorce court, where the court has strong powers to order financial disclosure and enforce financial orders, maybe in your interests Do I know the financial implications to me of my spouse starting the divorce proceedings in the country of their choice? If you don’t know the answer to this question it is really important to get speedy help from a divorce solicitor on the potential choices of country in which the divorce proceedings could be started as well as the types and range of financial orders that could be made in each country where the divorce proceedings could potentially be issued Is it financially worth starting divorce proceedings in my choice of country? Sometimes racing to start divorce proceedings in your choice of country isn’t justified in terms of the size of the financial award against any extra legal costs that might arise in arguing over the country where the divorce should be heard. In other situations, it can make a massive difference International divorce and divorce solicitors If there is potentially more than one country in which divorce proceedings could be started it is important that you choose your divorce solicitors with care. Why? Not all divorce solicitors have experience with international divorce proceedings and choice of court jurisdictions or always appreciate the need for speed to avoid your husband or wife starting the divorce proceedings in a country that isn’t favourable to you. Choosing a specialist divorce solicitor for your international divorce A good starting point is to find a divorce solicitor who is a member of the International Academy of Family Lawyers (IAFL), a worldwide association of family and divorce solicitors who are recognised as experts in their field in their countries of practice. At Evolve Family Law, solicitor Robin Charrot is a member of IAFL. A divorce solicitor won’t be able to tell you the exact divorce laws and the difference in approach to financial claims on divorce in Australia, South Africa, or the Middle East but they will be able to readily obtain expert opinions and advice from fellow members of the International Academy of Family Lawyers because they know the right questions to ask and are used to obtaining speedy expert divorce advice in international divorces. For expert advice on divorce and family law call our team of specialist divorce lawyers or complete our online enquiry form.
Robin Charrot
Jun 01, 2023   ·   6 minute read
Family Law Specialist Eluned Roberts Joins Evolve Family Law

Family Law Specialist Eluned Roberts Joins Evolve Family Law

Evolve is expanding again with the arrival of Eluned Roberts, a specialist family and collaborative lawyer with a passion for helping couples split up amicably. She is trained to offer an amicable divorce service involving one lawyer acting for separating couples, through a process referred to as ‘Resolution Together’.   Educated and having worked in Chester and North Wales, Eluned aims to continue to help her Chester and North Wales-based clients, as well as promote Resolution Together and collaborative law as options for separating couples looking for amicable divorces in Cheshire and the Greater Manchester area.   At Evolve Family Law, we believe it is important that you know how our family lawyers work, so we asked Eluned to answer some questions on why she decided to join Evolve Family Law and her career plans and ambitions:   Why Evolve Family Law? As a specialist family law solicitor, I knew that I wanted to find a niche family law firm to join and progress my career at. I wanted to find a family law firm that wasn’t too big or too small and one that would give me the freedom to promote amicable divorces, through Resolution Together and through supporting me in my collaborative family law practice. I also hope to train as a mediator in the future, so that I can offer clients the whole spectrum of approaches to best suit their needs and circumstances.   Evolve Family Law seemed the perfect fit – expert lawyers who are a friendly bunch of people, genuinely committed to doing what is right for their Cheshire and Greater Manchester clients   The route to family law I have always wanted to be a family law solicitor and have been lucky enough to have been practising family law throughout my legal career. I have worked in regions across the North West, including North Wales, Greater Manchester, and then Chester.   I specialise in relationship breakdowns, including married and unmarried couples. I help resolve children and parenting disputes, as well as reaching financial resolutions and when necessary, securing financial court orders.   Eluned’s approach to family law As a member of Resolution, the largest organisation for family lawyers in the UK, I wholeheartedly believe in the ethos of the Resolution Code of Practice, namely that wherever possible, disputes should be resolved in a constructive and non-confrontational way.   The Resolution code epitomises how I practice family law, with an emphasis on sensitive and pragmatic advice that aims to help separating couples build on what they can agree on and resolve any stumbling blocks, whether that is a disagreement on child arrangements or aspects of a financial settlement, such as how to approach  Occupation of the family home, sharing of pensions or valuing a family business.   I love my work as a family law solicitor as I am passionate about helping people through difficult times in their lives. I believe in offering separating couples the power to make an informed decision on what the right approach is for them and their family when separating.   Whilst I offer an amicable divorce service through the Resolution Together model, I am also a realist and am committed to doing what is best for clients. It is not always appropriate for couples to engage in ‘talking solutions’ such as mediation, collaborative law, or having one lawyer act for both using the Resolution Together model, for example, if there has been any domestic abuse.   I work hard to represent clients going through lawyer-led negotiations and court proceedings to ensure that they achieve a fair and positive outcome, whilst always advising on proportionate and constructive approaches. I pride myself on my ability to draft well-reasoned and bespoke proposals for settlement that help encourage a pragmatic resolution. I am also accomplished at analysing finances and identifying when experts need to be instructed to resolve disputed issues, such as when dealing with pensions or valuing an asset such as a business or farm.   What is Resolution Together? Resolution Together is the name given to the relatively new process of one family lawyer acting for both husband and wife who want to obtain a no-fault divorce, financial court order, and, if they have children together, a child arrangement order or parenting plan.   Traditionally, the husband and wife or both civil partners would instruct their own family law solicitors to advise them separately on divorce, finances, and child arrangements matters. There can be huge benefits to a couple in having one family lawyer to advise on an amicable divorce and represent them both. The family solicitor can advise the couple in the same room on the law and the possible outcomes and help them reach an agreement. This can speed up the process and reduce costs. Once an agreement is reached, the amicable divorce lawyer can draft the legal paperwork for the couple, for them both to sign and send to the court for approval.   What gets you up in the morning? At least one double espresso, with a few more strong coffees throughout the morning – I am not a morning person and caffeine is definitely my saviour/vice.   It sounds cheesy, but I love my job and once the caffeine has kicked in and I’ve got the kids to school and nursery, I look forward to what the day brings in work. I enjoy getting to know clients and doing everything I can to help them achieve outcomes that enable them to move forwards to a new chapter in their lives.   I am so excited to join Evolve and be able to work alongside like-minded colleagues who care about their clients as much as I do.   Is there life outside Evolve Family Law? Working in family law can be emotionally draining so it is really important to be able to switch off from work. I love binge-watching a good Netflix series for some escapism or getting out and about in the Cheshire countryside by indulging in a hill walk with an audiobook, accompanied by my golden retriever. He brightens everyone’s day with his smile!   I also enjoy our family holidays around the UK in our caravan, with our two young children and of course our dog.   Whilst I am not very sporty (unlike my husband, who is training for an Iron Man this year) I have grown up always having played hockey. I intend to return to the hockey field soon, but am currently making the most of quality family time at weekends whilst our children still think their parents are cool enough to spend time with!   For expert advice on family law call our team of specialist lawyers or complete our online enquiry form.
Robin Charrot
May 25, 2023   ·   6 minute read
Save money for home cost

Who Gets the House in a Divorce?

As divorce lawyers we are asked, often at the first meeting with a separating husband or wife, whether a husband or wife will get the house in the divorce financial settlement. It is a perfectly reasonable question to ask your family law solicitor when embarking on no-fault divorce proceedings. For expert advice on divorce and family law call our team of specialist divorce lawyers or complete our online enquiry form. Divorce financial settlements and the family home It can be frustrating for both the family lawyer and a separating husband or wife if a divorce solicitor can’t answer the question ‘’who gets the house?’’ at a first meeting. Sadly, solicitors have a bit of a bad reputation for not answering a question with a straightforward reply but that’s not because they don’t want to answer but often down to needing more information before being able to give an informed legal opinion. What information is needed to decide who gets the house in a divorce? A lot of the information needed to help guide you on who is likely to get the house in a divorce financial settlement is pretty basic but not everyone knows all the answers at a first meeting with their divorce solicitor. The necessary information is: How much is the house worth – this can be your estimate rather than a valuation Is there a mortgage? If so, how much is outstanding on the mortgage and how much does the mortgage cost each month? Are the payments due to go up? Is there an endowment policy linked to the mortgage? If so, how much are the monthly payments and what is the surrender value of the policy? Are there any other loans or debts secured against the house? Did any family members lend or give you money to help buy the house or to fund home improvements? Was the house owned by you or your spouse before you started living together or before you got married? Do you have a prenuptial agreement or postnup (after marriage) agreement in place that says how your property will be split if you get divorced? What other property, savings, pensions, and investments do you and your husband or wife or civil partner own, and what do you both earn? Do you have children? This is relevant as having children affects the size of your housing requirements and you may also feel constrained in your choice of relocation by school catchment areas or shared parenting arrangements How much do you both need to spend to buy new houses? The answer may depend on whether you or your husband or wife will be looking after the children full-time or if one of you plans to move out of the area [related_posts] Don’t worry if you don’t have the information to help decide who should get the house in the divorce The main thing to remember is that you are not alone. Lots of people are in the same position and don’t know the value of investments or what sort of mortgage they have or the amount outstanding on loans. This can be the case whether or not you own property and investments with your spouse or if the family home and all the investments are held in your spouse’s name. If you can’t get the information then your divorce solicitor can help. If you are worried that your husband or wife hasn’t given you all the information and paperwork or if you are concerned that they have hidden investments or not told you about extra bank accounts then your family law solicitor can carry out investigations to make sure there is full financial disclosure. Talk to a divorce solicitor about who gets the house in a divorce If you are thinking about splitting up it is never too early to talk to a family law solicitor to explore your options. Seeing a divorce solicitor isn’t just about sorting out who gets the house.  You will also need to talk about other financial matters, such as spousal maintenance, get advice on childcare arrangements or, if you are planning on getting divorced, get help with the no-fault divorce proceedings. Getting specialist legal help at an early stage in your separation can pay dividends as it can reduce conflict by helping you both understand your legal options and save money by reducing potential areas of conflict. Seeing a family law solicitor for an initial consultation and review may not be as expensive as you might fear and in the long term could save you a lot of stress and fear of the unknown legal territory. At Evolve Family Law we believe in providing trusted advice for a transparent fee. Knowing how worrying it can be to meet a divorce solicitor for the first time we offer a fixed fee comprehensive initial review of your situation. At that meeting, we can explore your circumstances and what information is needed to help you come to informed decisions on what will work for you. Sometimes people automatically think they want to keep the house but, after they have had time to reflect, they realise they either want a fresh start or want to release cash. What is right for you and your family is different from what is right for the next couple. That is why bespoke early advice is needed so you don’t get railroaded into quick decisions about your long-term family future. Who does get the house when you divorce? Often the answer to who gets the family home lies in what other assets there are and choices and priorities. If you want the house, it may mean that you don’t get a share of your spouse’s pension. That is why it is so important to know how much everything is worth before deciding who gets the house. Often, a husband or wife will say that their spouse has said they can have the house. That sounds great, maybe even generous, but when you explore the fact that your spouse’s pension is worth 5 times the equity in the family home, or that you won’t be able to afford to stay in the house because of the mortgage payments or household bills, then getting the house doesn’t seem such a great deal. As frustrating as it may sound sometimes it pays to reflect and take your time to decide on who gets the house. That way, if you do end up with the family home, you can be sure that it is a fair divorce financial settlement. For expert advice on divorce and family law call our team of specialist divorce lawyers or complete our online enquiry form.
Robin Charrot
May 19, 2023   ·   6 minute read
Worried young woman sitting on sofa at home and ignoring her partner who is sitting next to her

How Much Does a Divorce Cost?

You would be right to think that the simple question ‘how much does a divorce cost?’ deserves a straightforward reply. However, very few law firms publish price information on their websites. Evolve Family Law was one of the first law firms to publish fixed family law and divorce fees so clients get an idea of costs before calling or emailing us. For expert advice on divorce and family law call our team of specialist divorce lawyers or complete our online enquiry form. The cost of no-fault divorce proceedings If you are applying for a no-fault divorce as a single applicant the cost of the divorce proceedings can be found here. At Evolve Family Law we believe in keeping things simple so our fixed fee no-fault divorce quote includes: Our legal fees VAT on our fees The court fee payable to the family court when the divorce proceedings are issued at the court What our fixed fee divorce package does not include is: Relationship breakdown comprehensive legal review Children arrangements advice and applying to the court for a child arrangement order Divorce financial settlement advice and applying to the court for a divorce financial settlement or asking the court to convert a financial agreement into a financial consent order We offer a fixed-fee relationship breakdown review and a range of fixed fees for converting a financial agreement into a court order. For work where we can't offer a fixed fee because we don’t know how much work is involved, we publish the hourly charge out rates of our family law solicitors. We also discuss the potential issues or complexities of any contested children law application (such as an application for a relocation order or for a prohibited steps order) or the complicated features of a financial dispute (such as the existence of a family business or an argument over pre-marriage contributions or the relevance of an international prenuptial agreement) so we can give you a bespoke quote and an idea of timescales. Are all divorce proceedings fixed fee? On rare occasions we can't offer a fixed fee divorce package but, on those occasions, we can provide you with a quote so you understand our fees and the reasons why you need a bespoke quote. Examples of when you may need a bespoke divorce quote include: You do not know where your husband or wife is living so service of the divorce paperwork is not straightforward Your husband or wife is living outside the UK There is a dispute about which country you should get divorced in as there is potentially a choice of divorce jurisdictions You want to ask the court to make a divorce costs order – this type of application is rare in no-fault divorce proceedings [related_posts] Transparency and fees When Evolve Family Law was set up in 2015 by founders Robin Charrot and Louise Halford, they didn’t want to create just another law firm. They knew they wanted Evolve to be different with a vision to put clients (and not the fees) at the heart of what their family law solicitors do by being trusted legal advisors, and charging a fair and transparent level of fees. What that means is that whatever the nature of your family law query you get bespoke advice tailored to your personal situation at a cost that you can understand. What do we mean by that? To give examples: Robin Charrot met someone who was thinking about starting divorce proceedings. After talking through their circumstances, we realised that he didn’t actually want a divorce and there was no legal or financial reason to push ahead with one. Better for the client to wait until he was ready, whether that is in a few weeks, or a couple of years.  The answer might have been different if the client had been a business owner with an expanding company or other assets that could increase substantially in value meaning that delay was financially prejudicial to him A lady was clear she wanted a divorce. She knew from the outset that her divorce costs would be a set fixed fee. That meant she could budget for the costs, without worrying about how much her divorce legal costs might add up to Every divorce is different but our fixed fees and pricing guide are available online to give you an idea of the costs involved so that you can contact us with confidence. For expert advice on divorce and family law call our team of specialist divorce lawyers or complete our online enquiry form.
Robin Charrot
May 18, 2023   ·   4 minute read
Home for sale. Sign in front of new home

How to Sell a House to a Family Member

According to the latest research householders over the age of 50 own about 75% of the country’s homes. That’s a lot of equity tied up in property and can create a generational divide with parents and grandparents having too much space and newlyweds looking to start a family not able to afford to buy a first property without assistance or separated couples not being able to create 2 homes for themselves and their children after a divorce. Our private client solicitors are often asked about estate planning when writing Wills and our family law solicitors are asked for innovative solutions in divorce financial settlements. In this blog, we answer some questions on sharing property wealth with the next generation. For expert advice on family law and estate planning call our team of specialist lawyers or complete our online enquiry form. Housing options As private client and family solicitors, we come across these types of housing issues on a regular basis: A husband or wife is getting divorced and can’t afford, on their own, to take over the mortgage to stay in the family home An older couple wants to make sure that their son or daughter can get on the housing ladder but is concerned about their deposit being kept safe from their child’s partner A family is thinking of moving in together so there is a three-generation household A person is thinking of buying a house and doesn’t know if their partner should be a joint owner or not An older person is thinking of downsizing and either transferring their house to a child or gifting money to a child or grandchildren [related_posts] Property solutions No two families are the same and so one solution doesn’t fit every family. Generally, there are several property solutions, for example: If a husband or wife can’t afford to stay in the family home after a divorce either because they can’t afford to take over the existing mortgage or to borrow more money to buy off a former partner then a parent or other family member could stand as guarantor to the mortgage If a couple want to get their child on the property ladder, they could lend the child money with the loan secured against the house. The loan can suit the family, for example, interest may or may not be payable or interest could be accumulated and only paid if the house is sold If three generations are moving in together the property could be jointly owned by all the adults with a deed of trust setting out the details of property ownership or the mid-generation couple could be the legal owners with the older generation having a right to occupy the house A person buying a house could either buy jointly with their partner or on their own – if the property owner is in a relationship, they should sort out a cohabitation agreement whether or not their partner is a joint owner or lives at the property with them If a person is thinking of giving property or money away, they can do so during their life through what is known as lifetime gifting. Gifts can be made outright or money can be put in trust for family members. Alternatively, the gift could be made outright but protected by the family member receiving the gift asking their partner or spouse to sign a cohabitation agreement or post-nuptial agreement What property and estate-planning solution fits? The right ‘’property solution’’ is down to a number of factors, for example: Inheritance tax implications of making a gift or putting money into a trust The need to protect family money from potential financial claims on the separation or divorce of a family member Family circumstances and personal preferences Given the range of options, it is always sensible to ask for help from specialist private client, estate planning, and family solicitors before gifting money to family members or moving in with a partner. Early bespoke assistance can make sure that you make the right decisions for yourself and your family and protect your loved ones. For expert advice on family law and estate planning call our team of specialist lawyers or complete our online enquiry form.
Robin Charrot
Apr 13, 2023   ·   4 minute read
Ellie Stokes Joins the Family Team at Evolve Family Law

Ellie Stokes Joins the Family Team at Evolve Family Law

Evolve is delighted to announce that family law solicitor Ellie Stokes has joined the team at Evolve Family Law.   Ellie previously worked in Staffordshire where she maintains strong ties and plans to continue to work with family law clients in Staffordshire as well as with new clients in Cheshire and the Greater Manchester area.   As a new recruit who professes to enjoy quizzing, we quizzed Ellie about her reasons for joining Evolve Family Law and her career plans:   Why Evolve Family Law? I was looking to join a niche family law practice in the North West and Evolve Family Law fit the bill as I wanted the opportunity to gain experience from senior family lawyers. With founders Robin Charrot and Louise Halford’s nearly 50 years of combined legal experience and the friendly supportive team at Evolve, I had no hesitation in saying yes to the move.   The first week at Evolve has already been insightful and I feel like I am learning so much directly from my colleagues. Judging from my first week, I just know I am going to learn so much and enjoy the variety of family law work at Evolve.   Your path to becoming a solicitor? My working life started at McDonalds flipping burgers but with a degree in International Management with Spanish I knew that I needed to find a career that suited a tidy and organised mind whilst allowing me to get to meet people. A career in law seemed to combine the two. Time spent as a legal intern in the USA working at the California Innocence Project confirmed that qualifying as a solicitor was the right career path for me. The internship was challenging and combined both legal know-how with helping those incarcerated who had nowhere else to turn to for help. I learned a lot and think that my time in the USA made me the advocate that I am today; feisty and prepared to stand up for what is right. Why family law? Whilst training as a solicitor, I worked in a variety of departments, some of which I enjoyed, others less so. However, I was still yet to find an area of law which I found resonated with me most as a person. Just by chance, I was asked to sit behind a barrister on a contested final hearing in relation to an application for a child arrangement order. Within 15 minutes of that hearing, I knew family law was for me and luckily, I was able to do my final seat in family law and qualify as a family solicitor. I’ve always been passionate about making a difference in people’s lives in my work or making people’s lives easier during potentially the most awful times of their lives. I feel like family law fits the bill in that sense. What areas of family law do you specialise in? I advise on the full range of family law because I love the variety but I have particular expertise in financial claims on relationship breakdown and in helping resolve the financial and property claims of non-married couples, LGBTQ+ partners, and married and civil partners. As a family lawyer, I am keen to get the message across that your legal rights are very different if you are in a cohabiting relationship rather than if you are married or in a civil partnership. Cohabitees have to rely on property rights. However, if you are married or in a civil partnership the court has wide discretion to make orders that meet your needs rather than orders based on property and trust law. In the LGBTQ+ community, there is a particular need to understand your family law rights and options, such as the use of cohabitation agreements, civil partnership and prenuptial agreements, as well as the need for specialist children law advice on topics such as parental responsibility for your children or achieving parenthood through international surrogacy. In every family law matter, you are helping someone at an important point in their life whether that is: New relationships – with cohabitation agreements, declarations of trust, prenuptial agreements, or changes to their Will Extending the family – with advice on parental responsibility and child arrangement orders, surrogacy, and parental orders Relationship breakdowns – by trying to help couples reach a property or financial resolution that works for them by providing constructive legal help focussed on what can be agreed to enable both of them to move on with their lives What gets you up in the morning? Other than my 5 alarms, a large cappuccino is my answer to getting going and seated at my desk. Once I am at work, I am kept busy with lots of client calls, meetings, document preparation, and court hearings. No 2 days are ever the same and that is what makes life as a family law solicitor so interesting. I’m at the start of my career but I look forward to the day when I am advising on international surrogacy using my Spanish language skills as I have a keen interest in this subject.  Until then I generally find myself knee-deep in financial disclosure trying to unravel complex financial paperwork. For example, when 1 party to a marriage or civil partnership has moved money or assets or is a director and shareholder in a family business and there is a need to understand movements and discrepancies in a director’s loan account.   Is there life outside Evolve Family Law? There is definitely life outside of Evolve and family law. Whilst I live in Staffordshire, I am an ardent Liverpool football fan and I get to all the matches I can. I combine my love of football with being a lead guitarist in a local band and being a quiz buff. My claim to fame is winning ITV’s tipping Point and being cast for ITV’s The Chase. My ultimate quizzing goal is to be an Egghead though I have got some way to go in achieving that ambition.   For expert advice on family law call our team of specialist lawyers or complete our online enquiry form. [related_posts]
Robin Charrot
Apr 06, 2023   ·   6 minute read
Do You Know How Your Lawyer is Charging You?

Do You Know How Your Lawyer is Charging You?

At Evolve Family Law we believe in being upfront about charges. That helps you and us. Being open about legal charges means you know how much your family lawyer or private client solicitor is charging you. In this article, founder Robin Charrot offers insight into some of the outmoded charging structures used by most law firms and explains how the Evolve pricing philosophy is different. For expert advice on divorce and family law call our team of specialist divorce lawyers or complete our online enquiry form. Units of time For work that is charged on a ‘time spent’ basis, all other law firms that Evolve’s lawyers have ever come across charge per hour, but using 6-minute ‘units’ of time. So, if a phone call takes 2 minutes you get charged for 6 minutes of your solicitor’s time and with a 7-minute call you get charged for 12 minutes of your lawyer’s hourly rate, and so on. That may strike you as unfair. We agree. Evolve has been charging in ‘units’ of 1 minute since we started in business set up our offices in Holmes Chapel and North Manchester. That means if something takes a minute, you only get charged for a minute of our time, with the charge based on our published hourly rates. Fixed fees or units of time billing At Evolve Family Law we offer some of our services on a fixed fee basis and other services are charged on a time-spent basis. Evolve was one of the first law firms in the country to publish our fixed fees and hourly rates on our website. Some of our family law and private client work is particularly suited to fixed fee charging, such as: Divorce Agreed financial court orders Standard Wills Lasting Powers of Attorney Preliminary advice on prenups or postnups For a full list of our fixed-fee services take a look here. Other types of family law work are not possible to charge on a fixed fee basis. For example, some child arrangement order applications involve 1 or 2 hearings whilst others involve the instruction of experts and several more court hearings, such as a finding of fact hearings and a welfare hearing. Likewise, a contested divorce financial settlement hearing may take a day or a week of court time for the judge to decide on the appropriate financial court order because of the complexity of the assets and the parties’ circumstances. As every family situation is different it isn’t possible to devise a fair fixed fee structure for all types of family law work as the couples who decide to settle early or limit the points in dispute would be penalised as the fixed fees would need to encompass the whole range of straightforward or complex children law or financial court proceedings. In addition, it isn’t always readily apparent when first instructed, just how complicated matters are. For example, a spouse may try to hide assets in financial settlement court proceedings or a children’s law application for a child arrangement order may involve allegations of parental alienation. [related_posts] How does unit of time billing work? We welcome questions about how our fees work as we believe it is best to be clear and upfront about costs so you know how the unit of time billing works and can budget for legal services. Our family law solicitors and private client lawyers’ hourly rates are published on our website and contained in our client care information. Each minute is charged at the fee earners’ hourly charge-out rate. When you first contact us, you may have been recommended to a particular solicitor or you may be happy to be guided by us as to who would be best placed to help you so we match your needs with the most cost-effective fee earner for you. Although you will always have a named solicitor working for you, we make sure that if we can delegate work to a junior fee earner we do so. For example, whilst you may need the knowledge and experience of a specialist child abduction solicitor who has handled lots of complex children law proceedings there is no reason why they should be preparing a court bundle when it is cheaper for you if one of our junior solicitors or paralegals assists with this type of task. At Evolve Family Law we are acutely conscious that unit-of-time billing works to the advantage of slow solicitors who take their leisure over completing legal paperwork. We don’t operate like that. Whilst we deliver an excellent standard of legal help we don’t ponder whilst the clock ticks away. We are efficient because we know that our clients have a right to expect that when they are paying by the minute. Our efficiency and level of client service are rewarded not just in prompt payment but by clients recommending us to their friends and family. For expert help with divorce and family law call our team of specialist divorce lawyers or complete our online enquiry form.
Robin Charrot
Mar 17, 2023   ·   5 minute read