The news is all about the cost-of-living crisis. North west divorce financial settlement solicitors are getting calls about spousal maintenance and whether spousal maintenance payments can go up to cover increased household bills. Those paying spousal maintenance are equally worried about how they can pay their increased bills and still meet their spousal maintenance payments. In this article our divorce financial settlement solicitors answer your questions: Can spousal maintenance be changed? What triggers a change in spousal maintenance? Cost of living crisis and spousal maintenance Do bigger bills mean more spousal maintenance? Agreeing a change in spousal maintenance Applying to court for a change in spousal maintenance For expert Divorce and Financial Settlement advice call our team of specialist divorce lawyers or complete our online enquiry form Can spousal maintenance be changed? Spousal maintenance can be changed. It can go up or down or be stopped altogether. The change to spousal maintenance can be made by agreement or the court can vary the spousal maintenance payments. If you are also paying or receiving child support then the spousal maintenance can be changed independently of the child support payments. Child support is normally paid by agreement or after an assessment by the Child Maintenance Service. Spousal maintenance is usually payable by agreement or under a family court order. Spousal maintenance and child maintenance are calculated in different ways. If you are worried about how an increase or decrease in spousal maintenance could affect your child support it is best to talk to your family law solicitor. What triggers a change in spousal maintenance? A variation in spousal maintenance can be triggered by many different changes in your personal or financial  circumstances or those of your former husband, wife, or civil partner. Changes that can trigger a need to review spousal maintenance payments are: The payer or receiver loses their job and can't get another one. A business goes bust or there is a downturn resulting in reduced business profits and less income for the company directors. The re-marriage of the person receiving the spousal maintenance (this automatically stops the spousal maintenance payments). The cohabitation of the person getting the spousal maintenance ( the spousal maintenance court order could say maintenance should stop if the person receiving the spousal maintenance starts a cohabiting relationship and they live with their partner for a specified period, such as six months. In other spousal maintenance orders a new relationship involving cohabitation may not be a trigger for the automatic cessation of spousal maintenance but may justify a variation application). Increased outgoings that are reasonable in nature to incur. For example, the decision to lease a new luxury car may not thought to be reasonable increased outgoings but larger bills on the mortgage or the gas or electricity may be reasonable in nature to incur as you can't be blamed for the price hikes that are outside your control. [related_posts] Cost of living crisis and spousal maintenance The cost-of-living crisis is generating lots of questions about spousal maintenance and financial settlement options. If you are negotiating a financial settlement, it’s important to remember that spousal maintenance can go up or down or that you can negotiate a clean break financial settlement so there is no further financial liability towards your former husband or wife. A Northwest divorce financial settlement solicitor can look at the best financial settlement options for your personal and financial circumstances and can weigh up the potential cost of capitalising spousal maintenance payments at the time of the financial settlement (paying spousal maintenance in one lump sum so your former spouse gets more assets but no ongoing spousal maintenance) or the risks of agreeing to spousal maintenance and variation applications to increase the payment if cost of living rises are beyond inflationary increases. Do bigger bills mean more spousal maintenance? ‘Do bigger bills mean more spousal maintenance?’ Not necessarily. That’s because one of the issues is whether the person seeking the variation in spousal maintenance has looked at the ability of their former spouse to pay more or receive less in spousal maintenance if they too are facing higher outgoings and haven’t received a higher than inflation pay rise and have no ‘spare’ or surplus income. Every spousal maintenance question must be considered carefully as each depends on the financial and personal circumstances.  Agreeing a change in spousal maintenance You can agree a change in spousal maintenance in several different ways: By agreement or Using solicitor negotiations or Through family mediation or An application to court to vary spousal maintenance. If you agree how spousal maintenance will be changed outside the court process it’s important to record your agreement in writing and to secure a financial court order or apply to court, by agreement, to change the wording of your existing spousal maintenance order. Applying to court for a change in spousal maintenance You can apply to court to increase, decrease, or stop spousal maintenance payments. It’s best to talk to financial settlement solicitors before making an application as they can advise on your likely prospects of success or whether it is best to try and negotiate without first making an application to court. An application to the family court to vary spousal maintenance follows a similar court procedure to an application for a financial settlement in that the variation application involves financial disclosure and a series of court hearings to help you either reach an agreement or for the court to determine if the spousal maintenance payments should be varied. For expert Divorce and Financial Settlement advice call our team of specialist divorce lawyers or complete our online enquiry form

The Impact of Domestic Violence On A Divorce Financial Award In this blog divorce financial settlement solicitor, Robin Charrot, looks at a recent court case involving divorce financial settlement claims and allegations of domestic violence to see how divorce settlements work and how the court treat domestic abuse allegations when making financial settlement decisions. The financial settlement A wife, age 55, separated from her husband. They could not reach a financial settlement by agreement and financial  court proceedings were started. Sadly, the scenario of a husband and wife splitting up and going to court to get a financial court order isn’t unusual but what marks this case out is that the wife was a barrister and had a property portfolio in her name, acquired through her earnings during the eleven-year marriage. The husband, age 58, wasn’t working and had not worked independently of the wife throughout the marriage. Again, there isn’t anything unusual about this save for the situation not complying with the unusual gender stereotype. However, the wife said that as well as her being the bread winner in the marriage, the husband had been violent to her on two separate occasions. The wife said that meant the husband should get nothing by way of financial award. The husband argued that wasn’t fair. The domestic violence allegation The financial court looked at the domestic violence allegations. The husband had been prosecuted but was acquitted so had no criminal conviction for domestic abuse. None the less the family court said it could take the allegations of domestic violence into account because the family court had made findings about the domestic abuse. A husband or wife should therefore not assume that just because a spouse did not report domestic abuse to the police that the family court will disregard domestic violence. However, the court also made it clear that just because there has been domestic violence in a relationship that does not mean that the perpetrator of the domestic abuse should end up with nothing. The financial court proceedings The family court ordered the wife to pay the husband £625,000 as a financial court order but the wife disagreed and appealed. She thought the ruling was unfair. The second judge said that £200,000 of the £625,000 award should be a charge to the wife, repayable by the husband’s estate on his death or repayable by the husband to the wife if the husband were to remarry or live with a new partner. The wife asked the court to reduce the lump sum payment to £425,000. On appeal, the court kept the payment at £625,000 and cancelled the charge. This means the wife has to pay the full £625,000. The court calculated that £625,000 was necessary to enable the husband to buy a new house with a budget of £400,000, with £25,000 to buy a car and pay living expenses and £200,000 to cover costs. The appeal judges concluded that the domestic violence findings did not mean there should be no financial  award or a charge back of some of the financial settlement. The appeal judges favoured a clean break financial settlement with no ongoing financial ties between husband and wife.  The costs of not agreeing a financial settlement When determining the appeal, the judge said the family financial  proceedings had become ‘an exercise in self-destruction' because the legal costs had become disproportionate to the family assets so it was hard to achieve a financial settlement that either husband or wife thought was fair. As the appeal court concluded that the findings of domestic abuse made against the husband do not justify making what would otherwise be an inappropriate order the £200,000 charge was removed giving him a lump sum of £625,000. [related_posts] The lessons from the court case The lessons from the court case are that arguing over principles doesn’t always pay as whilst the wife was the breadwinner the husband was nonetheless entitled to a financial  award to meet his needs. Those needs were not extinguished by the finding of domestic violence in the relationship by the family court although it is fair to say that the award is smaller than if no domestic violence allegations had been made. It is therefore important to raise allegations of domestic violence but not to expect that the court will make no award or an award that is lower than an amount that meets the perpetrators basic needs if the other party has his or her needs met. In this case the wife was not only a barrister, she specialised in family law. What that tells us is that it is important to get independent and impartial expert family law legal advice as early as possible. Whilst you may not like the legal advice it may save you a lot in legal costs if that legal advice enables you to reach a pragmatic financial settlement. Evolve Family Law are North West and Online Family and Divorce Solicitors For legal help and advice on divorce and family law call us or complete our online enquiry form.

In a straw poll the majority of engaged couples could see the sense in signing a prenuptial agreement before their wedding but they weren’t sure how to go about getting one. In this article prenup agreement expert, Robin Charrot, looks at how to get a prenup. Are prenups unromantic? If you are engaged to be married you may be worried about raising the idea of a prenuptial agreement with your fiancée or fiancé. That’s totally understandable as no one wants to appear unromantic or to cast a pall over the engagement celebrations. Whilst prenups may not be romantic they do show that you care and that you are taking your future seriously. That’s because a prenuptial agreement has to be ‘fair’ to both a husband and wife or to both civil partners. Therefore, if you are the financially weaker party to the marriage or civil partnership, the suggestion of a prenup, whilst not romantic, can offer you peace of mind and financial  security. Who wants a prenup? As prenuptial agreement solicitors we are often initially approached by third parties wanting to make initial enquiries to help sort out a prenup for an engaged couple. There can be many very valid reasons for this, such as: Parents wanting to protect the deposit on the family home because they gifted the deposit money to their son or daughter. Grandparents wanting to make lifetime gifts to a grandchild as part of estate planning and wanting to keep gifted money ‘in the family’. A parent or grandparent, having transferred assets to a child to avoid care home fee issues or to minimise inheritance tax, wanting to ensure that the transferred property is ring fenced in the prenuptial agreement. A family member who has transferred shares in a family business to the younger generation as part of business and retirement planning. The trustee of an onshore or offshore discretionary trust where the trustees anticipate making future capital or income distributions. A family member who has left a substantial legacy in their will to a family member and who wants to ensure that their legacy is protected through the prenuptial agreement ringfencing it. A parent or family member has been through a difficult divorce and wants to protect the engaged couple by ensuring they sign a prenuptial agreement to ensure that they don’t end up in a bitter and expensive court battle over the divorce financial settlement. A parent or other family member is from overseas where prenuptial agreements are common place. An accountant or financial advisor or other professional who wants to ensure that a client is financially protected,  for example, where one party to the marriage has already inherited a lot of money or won the lottery or is a sportsperson with exceptionally high earnings but a time limited career span. In addition, many engaged couples are also proactive in seeking out prenuptial agreement advice. For example, a financially weaker party to the marriage may actively seek a prenuptial agreement to show they aren’t a gold digger or to show extended family that they aren’t marrying for financial reasons. Equally, the financially stronger party to the engagement may want to protect their partner with the security of a prenuptial agreement that meets their needs should the couple take the decision to separate at a later date. How to get a prenup The often-asked question is ‘how to get a prenup’ whereas the question really is ‘how do I get my partner to agree to a prenuptial agreement and how do I tactfully raise the topic?’ Every couple is different so what works for one won’t work for someone else but prenuptial agreement solicitors say it is best to avoid the topic whilst on bended knee or when saying yes. Equally, it is best not to leave the question of a prenup to the last minute when you or your partner are stressing about wedding arrangements and last-minute preparations. In addition, for a prenup to carry weight with the family court, it should ideally be signed twenty-eight days before the wedding. That means the topic of the prenup agreement has to be raised well in advance of the wedding date so that the contents can be discussed and agreed. One of the best ways to raise the topic of a prenup is in a general discussion about your future together. For example, you may be planning to move in with a partner or buy a house together or contemplating starting a family. Another possibility is to raise the topic as part of your financial paperwork. For example, if you are planning on writing a new will in contemplation of your marriage or signing a new power of attorney or taking out additional life insurance. The key point about a prenup agreement is that the agreement should protect both of you as the agreement needs to be fair and meet both of your respective needs to be given weight by the family court. [related_posts] Conditions for a prenup Prenuptial agreement solicitors say unless both of you comply with some conditions for a prenup agreement the document may carry little or no weight and therefore may be a pointless exercise. The conditions for a prenup are: The prenup must be freely entered into. You and your partner must fully appreciate the implications of entering into the prenup. The agreement must not be significantly unfair to one spouse or civil partner. You and your partner must each have your own independent legal advice. You and your partner must each provide financial information about your assets, income and any debts. A prenup should ideally be finalised at least twenty-eight days before the wedding. Prenuptial agreement solicitors say that if you are interested in learning more about the option of signing a prenuptial agreement then the best way forward is to have a chat with an expert so you get a better idea of how a prenup may help and protect your family. We are family law and prenuptial agreement solicitors For legal help with a prenuptial agreement call us or complete our online enquiry form.

If you are thinking about starting divorce proceedings you may have read that English divorce law is changing. However, that doesn’t mean that you need to wait before you start divorce proceedings or that it is in your best interests to do so. In this blog, Manchester divorce solicitor, Robin Charrot, looks at the current five grounds for divorce. Evolve Family Law offices are located in Whitefield, North Manchester and Holmes Chapel, Cheshire but we also offer remote meetings by telephone appointment or video call. The 5 grounds for divorce Strictly speaking, a divorce solicitor will tell you that there is actually only one ground for divorce in England and Wales, namely that your marriage has irretrievably broken down. However, you have to evidence the irretrievable breakdown of your marriage under current divorce law by proving one of five facts. The five facts are: Adultery or Unreasonable behaviour or Two years separation and your husband or wife agrees to the divorce or Desertion or Five years separation – your husband or wife does not have to agree to the divorce if you have been separated for five years or more. How do you prove you have the grounds for a divorce? Many people are embarrassed at the thought of starting divorce proceedings and having to prove something like adultery or unreasonable behaviour. Equally, if you are on the receiving end of a divorce petition it isn’t nice to think that you have been accused of unreasonable behaviour or adultery. You may also worry about the effect of the divorce proceedings on your financial settlement or the childcare arrangements. Divorce solicitors say that proving that you have the grounds for divorce is normally not as complicated or as difficult as you may envisage. Gone are the days when you had to send a private investigator to a hotel to prove adultery. If you want to start divorce proceedings based on adultery then all you need to say in the divorce petition is that your husband or wife has committed adultery with a person whose identity you prefer not to reveal and that your marriage has broken down irretrievably. The respondent to the divorce petition just has to confirm that adultery took place, without the need to go into further details. Importantly, if you get divorced on the basis of adultery or unreasonable behaviour the basis for the divorce proceedings is only ever relevant in any child arrangement order application or divorce financial settlement proceedings in very rare circumstances. For example, if divorce proceedings are started on unreasonable behaviour and one of the allegations is that the respondent to the divorce petition physically assaulted the child. This allegation would be relevant in any child custody case. However, just because an allegation is contained in the divorce petition that you don’t agree to, it doesn’t mean that you have to defend the divorce proceedings provided that you are in agreement that the marriage has irretrievably broken down. When are divorce proceedings contested? As it is possible to agree to get divorced without accepting all the allegations of unreasonable behaviour or without going into a lot of detail about the adultery, most divorce proceedings are not contested. After all, it doesn’t make sense to most people to challenge divorce proceedings if they accept that their marriage has irretrievably broken down and understand that the contents of the divorce petition won't affect the financial settlement or the childcare arrangements. [related_posts] Why is it best to get divorce legal advice? As it is actually easier to get divorced under current law than many people think, divorce solicitors advise that it is best to take specialist legal advice so that: You don’t assume that you should not start divorce proceedings now and instead wait until you can start a no-fault divorce when the new law comes into force You protect yourself, if necessary, by starting divorce proceedings straight away. For example, if you fear that your husband or wife is hiding money from you or transferring assets to other family members or you are worried that your spouse is spending to excess or is at risk of bankruptcy You don’t assume that you need to contest divorce proceedings based on adultery or unreasonable behaviour because the petition is very unlikely to affect either the financial settlement or child care arrangements. In addition, you can preserve your right to challenge any false allegation in the financial settlement or child arrangement order court proceedings You understand your divorce options as, for example, even if your husband or wife has committed adultery you may not be able to start divorce proceedings on that basis if you lived together as a couple for six months or more after they committed adultery and you were made aware the adultery. Sometimes your divorce options may surprise you as you can get divorced on the basis of two years separation if you have lived together in the same family home for two years provided that you have lived ‘separate and apart’ within the same household and your husband or wife consents to a divorce You protect yourself, if necessary, by either not starting divorce proceedings straight away or deferring applying for the decree absolute of divorce You understand the impact of the divorce proceedings and pronouncement of your decree absolute. For example, the impact of your separation and divorce on your immigration status if you are in the UK on a family visa or the effect of your divorce on your tax status and the tax treatment of the transfer of assets between yourself and your former husband or wife. Most divorce solicitors say that it isn’t just navigating the divorce process that is important but also understanding how your divorce fits in with any financial settlement or childcare arrangement that you either agree or ask the court to determine. We are Manchester and Cheshire divorce solicitors The friendly team of specialist divorce solicitors at Evolve Family Law can help you with your separation and divorce proceedings, child custody and contact and your financial settlement. For advice on your family and private client law needs call us or complete our online enquiry form. The Evolve Family Law offices are located in Whitefield, North Manchester and Holmes Chapel, Cheshire but we also offer remote meetings by appointment by video call or telephone.

Handing over money to a former husband, wife, or ex-partner can be galling. That’s especially the case when you are paying child maintenance and you don’t think that your former spouse or ex-partner is spending the child maintenance on your child. In this article divorce settlement and child support solicitor, Robin Charrot, looks at whether you can pay child maintenance direct to your child. Who do you have to pay child maintenance to? Child maintenance is normally paid to the parent who has primary care of the child. It isn’t paid to the child direct. Normally if child maintenance is paid after an assessment by the Child Maintenance Service, or after a financial court order is made in the family court, the Child Maintenance Service will encourage and the court will order that the child support is paid by direct debit to the receiving parent. If parents reach an agreement over child support, and there is no Child Maintenance Service or court involvement, then it is possible to agree to pay the child maintenance direct to the child. Is it best to pay child maintenance direct to a child? You may think that as child maintenance is financial support for the child that payment of the money should go direct to an older child. However, child support isn’t just about a clothing or an entertainment allowance for an older child. Child maintenance is also meant to contribute towards the main carer’s household bills and other items, such as: The mortgage or rent. Utility bills and other expenses that the child benefits from. For example, the broadband or Sky television package. Food and other essentials. The child’s clothing. The additional costs of looking after a child, such as presents, annual holiday , school trips etc. Whilst you may say that: Your former partner owns their home outright and so has no mortgage or Your former partner lives with a partner who pays all the household bills or You have no confidence that any of the money given to your former partner is spent on the child as the child is poorly clothed whilst your ex-partner has the latest technological gadget or designer clothing or is always off on a weekend away without the child. The bottom line is that most parents say that they want child maintenance to be handed over to them, rather than given direct to the child. That’s because a direct handover of money can: Make the child more aware of the parental conflict. Create anxiety in the child. Create conflict between child and main carer as the child sees all the child support as ‘their money’ to spend on themselves, rather than a contribution towards household expenses. Can you split child maintenance between a child and the parent with care of a child? If you are keen to pay child maintenance direct to your child you could have a conversation about whether you can pay some child maintenance by direct debit to your ex-partner and the balance direct to your child as a personal clothing or entertainment allowance. Does the Child Maintenance Service taken into account money paid direct to a child? If you pay money direct to a child and your ex-spouse or former partner then applies to the Child Maintenance Service for a child support assessment the Child Maintenance Service will carry out a calculation of your liability to pay child support. When calculating the amount of child support payable the Child Maintenance Service will look at your income rather than your outgoings and therefore won't take into account the payments made direct to your child. Agreeing direct payments to a child If you are able to reach an agreement on paying child support direct to a child then it is best to record that, either in your separation agreement or in your financial court order, as part of the overall financial settlement. However, if financial  circumstances change, the parent with primary care could change their mind and ask for direct payments to be made. [related_posts] Child support and financial settlements If you have separated from a former partner or are in the midst of divorce proceedings with a husband or wife it is best to consider child support as part of your overall financial settlement, rather than look at it in isolation to other aspects such as payment of spousal maintenance and whether you will get to stay in the family home or if it will be sold or transferred to your partner. We are financial settlement and child maintenance solicitors For legal help with a financial settlement or child maintenance call us or complete our online enquiry form. Evolve Family Law offices are in Holmes Chapel, Cheshire and Whitefield, North Manchester but we also offer remote meetings by telephone appointment or video call.

You may have read in the news that if you are getting divorced you may be eligible to receive a £500 mediation voucher to help pay for family mediation. In this article, our divorce expert, Robin Charrot, answers your questions on the new mediation voucher scheme and looks at the importance of legal mediation support. The family mediation voucher scheme The Ministry of Justice has announced that it has allocated one million pounds to enable up to 2,000 separating or divorcing couples to receive a £500 mediation voucher to help towards the costs of family mediation. Divorce solicitors say that competition for the £500 vouchers may be fierce as the Ministry of Justice says that the vouchers will be allocated on a ‘ first-come first-serve’ basis, rather than on a points or any other type of allocation system. What does the family mediation voucher scheme cover? The mediation voucher scheme covers family mediation on a range of family law issues, such as: Child custody. Child contact. Child maintenance. Financial settlement after a separation or divorce where there is also a dispute over children and either ongoing or potential children law proceedings. Why has the family mediation scheme been introduced? The family mediation voucher scheme has been introduced at this stage to help reduce court applications and to encourage the use of family mediation. That’s because the government believes that family mediation is a better, quicker and cheaper option than separating and divorcing couples starting family court proceedings to resolve child custody and contact issues or to secure a financial settlement. When will the family mediation voucher scheme operate from? The scheme was introduced on the 26 March 2021 under Practice Direction 36V (Family Mediation Voucher Scheme). The practice direction will expire after a year and the mediation vouchers will only be available whilst funding lasts. Does the voucher scheme cover the cost of attending a MIAM? The family mediation voucher scheme doesn’t cover the cost of attending the mediation information and assessment meeting (referred to as a MIAM). This initial meeting with a mediator is designed to check that mediation is suitable before family mediation is commenced. To be eligible for the voucher, both parties to the family mediation must have attended a MIAM on or after the 26 March 2021. One can't have attended the MIAM before the 26 March 2021 and the other after the 26th. Can both parties to the family mediation receive a voucher? The £500 mediation voucher is per family and may not cover the total cost of the mediation sessions as your mediation costs will depend on your choice of family mediator and the number of mediation  sessions that you require. The voucher is paid direct to the mediator, rather than given to either party to the mediation to use to pay the mediator’s bill. The £500 mediation voucher is inclusive of vat. Is there a financial eligibility cap for the mediation voucher? There are no financial eligibility criteria for the family mediation voucher. Anyone who meets the MIAM date and mediation subject criteria may be able to secure a £500 mediation voucher to cover or contribute towards their mediation costs. Who pays for family mediation if a mediation voucher isn’t available? If you can't secure a family mediation voucher because: One of you attended a MIAM before the 26 March 2021 or You are mediating on a financial settlement only and there are no childcare issues to mediate or The mediation voucher scheme runs out of funds or For any other reason. Then the usually the mediator will check if either one of you is eligible for legal aid to cover the cost of mediation. If neither of you are eligible for mediation legal aid then you will need to agree on how the mediation sessions will be funded. You can either agree to share the mediation costs equally or come to another agreement, such as that one of you will pay for the mediation sessions or that the mediation sessions will be paid for out of your joint savings account. Even if you do secure a £500 mediation voucher, if you go to a number of mediation sessions the voucher may not the total mediation cost. That’s why it is best to agree on how you will share any mediation cost in excess of the £500 voucher. [related_posts] Does the mediation voucher cover the cost of mediation support? The mediation voucher doesn’t cover the cost of mediation support from a divorce solicitor. However, mediation support can be very cost effective. Taking legal advice before and/or after mediation sessions can help you understand: Your legal options, such as the type of court application that you could commence or your former partner could start. The likely range of orders that a court could make if you or your former partner started court proceedings. The potential costs of applying for a court order or responding to a court application and the timescale for completion of the court proceedings. The impact of any issues raised in mediation. For example, financial disclosure issues raised during the mediation process where you are trying to reach a financial settlement. Whether proposals put forward in mediation are within the range of orders that a family court would be likely to make if either you or your ex-partner were to start family law court proceedings. Legal advice on any aspects that are making it hard to reach a compromise in mediation. For example, if one of you believes that you have a legal right to equal parenting or one of you believes that an inheritance or a pension isn’t relevant to any financial settlement discussions. The legal process to sort out your divorce or to draft a separation agreement or to secure a financial court order or draw up a parenting plan and the legal status of a financial court order or parenting plan. By receiving mediation support and getting the legal advice you need during the mediation process you may be more likely to have the confidence to reach a mediated agreement. Evolve Family Law can help you with independent specialist family law advice before and after mediation to support and guide you, including advice on any of the post-mediation documentation that may be necessary. We are Divorce and Family Law Solicitors For legal help with your divorce and mediation support for your financial settlement or childcare arrangements call us or complete our online enquiry form. Evolve Family Law offices are in Holmes Chapel, Cheshire and Whitefield, North Manchester but we also offer remote meetings by telephone appointment or video call.

For those who have decided to separate or divorce, either because of COVID-19 related pressures or the global pandemic has reinforced the decision to go your separate ways, the next step is for one of you to move out of the family home. You should not permanently leave the family home without first taking legal advice. However, as Manchester and Cheshire divorce solicitors we are receiving an increasing number of enquiries where neither the husband nor wife can easily move out of the family home. Enquirers want to know if they can be legally separated and live in the same house as their estranged spouse.​ What is a legal separation? A legal separation is where a husband and wife obtain a decree of judicial separation from the family court. If you haven’t heard of judicial separation it isn’t surprising as applications for judicial separation are rare because: If you obtain a judicial separation you will still need to get divorced at a later stage, for example, if you want to remarry or if you want a clean break financial court order preventing any further financial claims between husband and wife. You don’t need a legal separation for official purposes. You can just tell agencies, such as the Inland Revenue or the Local Authority, that you are separated. Do I need a legal separation? People often assume that they need a legal separation or judicial separation decree, but they don’t unless they have a religious or cultural objection to a divorce and want to formalise their separation. If you plan to get divorced later, you don’t need a judicial separation first as you can sort out your financial affairs by signing a separation agreement. Can you separate and live in the same house? You can separate or even divorce and still live in the same house. Some couples think that if they continue to live together, they can't get divorced but that isn’t correct. Under current English divorce law, you can get divorced if you have lived ‘separate and apart’ for two years provided your husband or wife consents to the divorce. It is best to take some legal advice about the grounds for divorce proceedings as you may not need to wait two years before being able to start divorce proceedings. Living separate and apart in the same household, for the purposes of divorce proceedings, means that there must be a degree of separation between husband and wife. For example, you can't cook for one another or do the other person’s laundry or ironing or shopping. Separating and your spouse won't leave the family home. If you have taken the decision to separate and your husband or wife won't leave the family home then if things become impossible in the one house there are options, such as: An application for an injunction order – an occupation order can give you the right to occupy the family home to the exclusion of your partner until long term ownership or sale of the property is determined by agreement between you or by the court in divorce and financial settlement proceedings. An application for spousal maintenance so that you can afford to leave the family home and rent somewhere until long term ownership or sale of the family home is decided. It is best to take specialist legal advice from a divorce solicitor before leaving the family home and moving into rented accommodation. [related_posts] Separating and can't sell the family home. Most people would agree that it is a tricky housing market so whilst you may have decided to separate or divorce you may not be able to sell the family home. You can be separated or divorced and still be living at the family home though for some it won't be a very comfortable experience. Even in the best situations where you are splitting up amicably it can still feel as if you are in limbo with your life suspended until you can achieve the sale of the family home. One thing that can reduce the stress of waiting for the sale of the family home is to have a financial agreement in place so you know who will get what when the property does sell. Although you may have concerns about having to drop the sale price on the family home, a fair financial settlement can still be reached if you don’t agree to accept a fixed amount from the sale proceeds but instead you each agree to receive a percentage of the net proceeds of sale. That way you are both protected, whether house values move up or down. In divorce proceedings a financial settlement can be reached by agreement or after financial settlement proceedings but in either scenario you should obtain a financial court order that records how all your assets will be divided, including the equity in the family home, savings, and pension provision. If you are separated but don’t want to start divorce proceedings yet it is still best to record the financial settlement that you have agreed to avoid one of you changing your mind about how much you should get from the sale proceeds when you have found a buyer for the house. A document, called a separation agreement, should be prepared to formalise the agreement reached. We are Manchester and Cheshire divorce solicitors The team of specialist divorce solicitors at Evolve Family Law can help you with your separation and divorce proceedings, as well as child custody and contact and your financial settlement. For advice on your family and private client law needs call us or complete our online enquiry form.   The Evolve Family Law offices are in Whitefield, North Manchester and Holmes Chapel, Cheshire but we also offer remote meetings by appointment by video call or telephone.

When you take the decision to separate you may not realise just how big an impact your divorce may have on your future income. The financial services company, Legal and General has revealed that women’s income falls by a third and men’s income by 18% on divorce.  In this blog we look at the impact of divorce on your income. The divorce statistics You may be shocked by the divorce statistics and question why a woman’s income on divorce should reduce by more than men’s income.   The Legal and General research suggests that there are several factors behind the statistics, such as: The reality is that many women earn less than their male counterparts during the marriage because of career choices and childcare In divorce financial settlements women are more likely to ask her for and get a financial settlement that includes the family home or more than half the equity in the sale proceeds of the family home. If you get a greater share or all the equity in the property, then you are less likely to be awarded spousal maintenance or to receive a share of their husband's pension fund and the making of a pension sharing order. [related_posts] Will a divorce impact on my income? When a couple separate it is usual to go from a two-income household to a one-income household with a consequent reduction in income.   If a reduced income means that you can’t manage to pay your reasonable outgoings, the court can make an order that the other party to the marriage pay spousal maintenance. The payment of spousal maintenance can continue indefinitely until terminated by death, re-marriage of the receiving party or further order. Alternatively, the court can order that spousal maintenance is paid on a time limited basis.   What amounts to reasonable outgoings will depend on the standard of living enjoyed during the marriage as well as the affordability of the current outgoings considering: The ability of one spouse to afford to pay spousal maintenance and still meet their own reasonable outgoings and The ability of the other party to the marriage to either find work or increase their earnings capacity so they can meet all or a greater proportion of their own reasonable outgoings.   Divorce solicitors will tell you that when it comes to income on divorce and whether your respective incomes will be shared (through a spousal maintenance order) comes down to a range of factors, such as: Whether you have young children to support and whether the care of children impacts on your earnings capacity Whether any disability or age impacts on your ability to seek employment or increase your income Your income and earnings capacity The extent of your reasonable outgoings The length of the marriage Other factors, such as the existence of a prenuptial agreement that sets out whether and how long spousal maintenance should be payable on separation and divorce.   Perhaps, just as importantly, parity of income on divorce can come down to a question of priorities. You may want to forgo a pension sharing order on divorce as your priority isn’t income on retirement but instead getting the equity in the family home so you can rehouse yourself without a mortgage. Alternatively, you may want the capitalisation of your spousal maintenance payments so that you get a cash lump sum instead of ongoing monthly payments.   Whatever your priorities it is best on separation or divorce to take legal advice from a specialist divorce solicitor so you can understand the range of options for your financial settlement and work out which one is best for you and your family. Without expert legal and financial advice, you may not appreciate the value of the pension fund belonging to your spouse and how a pension sharing order could be to your financial advantage.   The divorce solicitors at Evolve Family Law will not only look at your financial settlement options but they will also reality test them with you. For example, if your priority is to keep the family home and you are willing to forgo a pension sharing order or spousal maintenance to keep the property then this may not be a realistic or best option if you can’t afford to pay your reasonable outgoings on the property as you aren’t getting spousal maintenance or a pension sharing order. Our Manchester and Cheshire Divorce Solicitors Evolve Family Law specialise in separation and divorce proceedings and resolving financial settlements .Call us or complete our online enquiry form for expert legal assistance with your financial settlement. Evolve Family Law have offices in Whitefield, North Manchester and Holmes Chapel, Cheshire but our family law solicitors are also experienced in working remotely and offer meetings by telephone appointment or video call.