Family Law Articles & Advice

Many parents who are thinking about a separation or divorce want to make a fresh start overseas with their child. In this article, specialist family law solicitor Louise Halford shares her experience in helping parents apply to move abroad with their children and advising parents on how best to oppose child relocation applications. For expert Divorce and Children Law advice call our team of specialist divorce lawyers or complete our online enquiry form. Moving overseas with a child after separation or divorce Evolve Family Law has seen an increase in inquiries from parents about moving out of the UK with their children. The inquiries are not just from parents currently based in Cheshire and the North West of England, but from across the UK. The increase in children law inquiries is down to the following trends: The world becoming a smaller place with people meeting and marrying partners from other countries The number of overseas families who came to the UK on work visas and dependant visas and who settle in the UK by securing indefinite leave to remain or British citizenship but, after a separation or divorce, one parent wants to return to their country of origin Emigrating for work as opportunities for working abroad increase International parenting after separation or divorce It is said that being a parent is one of the hardest jobs in the world. That is particularly true for any parent who is involved in ‘international parenting’ as a result of one parent moving abroad with the child. Most parents find it hard enough to let their child go off for the weekend with their ex-partner, let alone accept that their child should get on a plane to another country to see their mum or dad. Prior to committing emotionally or financially to an overseas move, many parents don’t fully appreciate that if they are successful in relocating abroad with their child that the family court will often order that the child should spend long chunks of time during holidays with the parent who is not moving abroad and who will be missing their weekend contact. It is often said that there are ‘no winners, only losers’ when one parent moves to another country with their child, whether that be back to a parent’s country of origin or as a result of a new job or relationship. However, with communication and imaginative contact arrangements, even airport handovers, can work. If it is a relocation to Spain then the flight from Manchester or Liverpool airport and the child’s handover may be a lot easier than navigating a motorway trip from Cheshire to Cornwall or Guildford. [related_posts] The law on international child relocation Some parents are well-researched on the law on child relocation but for others, it is a whole new arena. The basic principle is that if a child is habitually resident in the UK the child can’t move abroad with either parent unless the other parent agrees to the move or the family court makes an order granting permission to relocate. The law on child relocation and moving abroad with your child can be hard for a parent to get to grips with. If, for example, both parents originate from the US but currently live in the UK with their children this may mean that their children are classed as habitually resident in the UK. Therefore, although all the family members are American citizens, if one parent wants to return ‘home’ to the US with the children, permission still has to be obtained from an English court.  Without specialist legal advice on child relocation law, many parents don’t realise the implications of booking their flight home. The legal and personal costs of not knowing the law on international parenting can have a devastating impact on a parent and their chances of successfully getting a court order to let them take their child abroad or a child arrangement order. Contact arrangements if a child moves overseas As part of one parent agreeing to give permission, or the court making an order allowing the other parent to relocate, the contact arrangements should be recorded. If a court order to relocate is made the court will normally also make a child arrangements order setting out how often the child should see the other parent. The court order can include written contact, Skype, and face-to-face contact. An agreement should be reached and recorded on specific details such as The agreed travel arrangements Who, if anyone, will accompany the child Who should pay for the costs of flights Extended family and grandparent’s ability to travel, time differences with Skype, the child’s ‘best friend’, and key dates such as Thanksgiving and grandad’s 80th birthday should not be forgotten. ‘Small’ details such as these can impact on whether arrangements work for a child. Compromise is also a key factor as if grandparents can’t make a long-haul flight to Australia for Christmas could both parents split the travel and meet in Dubai? It is often those small points that make all the difference in whether international parenting will work for a family or not. Legal advice on child relocation overseas It is always tough to answer a query on whether a mum or dad will get permission to move abroad. That is not just because the law on this subject is so complex but also down to international parenting being one of the hardest things for any parent to contemplate, and therefore for their family law solicitor, to guide a parent through. Invariably a parent is already emotionally, if not financially, committed to their move abroad before they take the step of getting advice and so it is always worth getting an assessment of your family situation and your options before you commit to a move. For expert Divorce and Children Law advice call our team of specialist divorce lawyers or complete our online enquiry form.

The family law solicitors at Evolve Family Law are regularly consulted about common law marriage rights by unmarried partners and former cohabitees. In this article, we look at the myth of common-law marriage. For expert family law advice call our team of specialist family lawyers or complete our online enquiry form. What is common law marriage? Common law marriage is a myth. In English law, common law marriage is not a legally recognised concept. You do not get rights as a cohabitee because you are in a common-law marriage. An unmarried relationship does not become a common law marriage because of the number of years you have been living together. You do not get common law marriage status whether you have been in a cohabiting relationship for 2 years or 20 years. Cohabitation rights If you don’t get cohabitation rights through the concept of a common-law marriage, how do you get cohabitation rights? Family lawyers say there are ways to get rights but it is best to understand how you can get those rights before you decide to move in together, have children or elect not to enter into a civil partnership or get married. Unfortunately, too many unmarried couples only find out about their cohabitation rights (or lack of them) after they split up from their partner. As an unmarried partner, your cohabitation rights can come through a variety of means, including: Joint property ownership – you can jointly own property either as tenants in common or joint tenants. The way you own property can have a significant impact on what happens to the property if you split up or if one of you passes away. That’s why it is best to take family law legal advice before you jointly buy a property as an unmarried couple Sole property ownership – you can make a claim against a property even if it is owned in the name of your partner. A claim could potentially be made under property or trust law if you can show that you have what is referred to as an equitable interest in the property A cohabitation agreement or deed of trust – if you reach an agreement with your partner, either at the outset of your relationship or during your relationship, you can set out your agreement and rights in a cohabitation agreement (or deed of trust if the agreement relates solely to a specific property) If you have dependent children with your unmarried partner, you may also have the right to claim: Child support through the Child Maintenance Service or the family court if the Child Maintenance Service does not have jurisdiction or if the Child Maintenance Service has made a maximum assessment under their child support formula so you then have the right to apply to the family court for top-up maintenance Lump sum payment to meet a child’s specific needs Housing for the child whilst the child is dependent – this means you would no longer be able to stay in the property after the child reaches the age of 18 or 21 School fee payments if your child is being educated privately Disability-related extra costs of caring for a child with a disability The bottom line is that however long your unmarried relationship lasted for you do not have the same legal rights as a civil partner or husband or wife. For example, you won't be able to claim: A share of the family business – unless you are a shareholder or a business partner or you can successfully say that ownership of all or part of the business was held in trust for you A share of your partner’s pension Spousal maintenance A share of investment portfolios held in your partner’s sole name unless you can argue that the investments were held in trust – something that is very hard to do With unmarried partner disputes, the family court has to follow property and trust law to resolve the dispute over ownership. If you are married or in a civil partnership, the family court looks at a range of factors to achieve fairness. That’s why in divorce proceedings the court can exercise a lot more discretion and there is less likelihood of one partner walking away with nothing after a long relationship. For engaged or married couples who do not like the sound of the family court having such a degree of flexibility in divorce financial settlement proceedings, there is the option of a prenuptial agreement or postnuptial agreement to record how family assets should split if you separate. [related_posts] Cohabitation rights and estate planning If an unmarried partner dies without making a will (intestate) the surviving cohabitant has no automatic right to their partner’s estate. They could claim but this involves court proceedings against the deceased’s relatives who have inherited the estate under the intestacy rules. In a relationship without children, this could involve bringing a claim against the estate arguing that your partner’s parents should not inherit under the intestacy rules because your partner had not made reasonable financial provisions for you as their unmarried partner. This is why it is vital that if you are in an unmarried relationship, you and your partner make a Will and estate plan. Protection for you as a cohabitee Family lawyers understand that financial hardship on the breakdown of a cohabiting relationship is a realistic possibility in many cases because of decisions made by the couple during the relationship about property ownership. If a married couple make the same property ownership decisions during their relationship the family court has the discretion and power to make orders that it thinks are fair to both husband and wife or both civil partners. In a non-married relationship, a family judge just doesn’t have the same degree of flexibility as the court has to divide the assets of an unmarried couple based on property and trust law rather than housing or other needs. The best option for cohabitants who are concerned about property issues and protection if they split up from their unmarried partner is to enter into a cohabitation agreement or living together agreement. This document is a form of contract setting out a couple’s decisions about what will happen to their property on separation. It works in a similar way to a prenuptial agreement and if drafted properly by a specialist family lawyer will be upheld by a court. The cohabitation agreement should be accompanied by both cohabitees signing Wills and Lasting Powers of Attorney so their estate and future proof planning recognises the importance of their loved ones. If you would like a cohabitation agreement or need family law advice following a recent separation from your cohabitee then contact Evolve Family Law. For expert family law advice call our team of specialist family lawyers or complete our online enquiry form.

Tax is not normally something that is on your mind when you are thinking about a separation or divorce but divorce solicitors say that capital gains tax has to be considered when negotiating a divorce financial settlement. The government has announced changes to the way capital gains tax is calculated on separation or divorce. In this article, divorce financial settlement solicitor, Robin Charrot, looks at the planned changes and explains the importance of checking out tax on divorce before you agree to your divorce financial settlement. For expert Divorce and Financial Settlement advice call our team of specialist divorce lawyers or complete our online enquiry form. Tax on divorce   Many people who decide to separate do not realise that the timing of their separation, or their decision to transfer assets to the other spouse or to sell assets, can create tax implications. That is why it is important that a divorce financial settlement solicitor checks any proposed financial agreement to both reality test the financial settlement and to check the net effect of the financial deal. Without legal input, what you think is an equal split may not be a 50:50 division of assets if one spouse is going to end up paying a large tax bill in the future, whilst the other spouse escapes from tax liability. The financial agreement may still be a fair financial settlement but both husband and wife must understand the net effect so they are both comfortable with the deal or can negotiate a financial settlement that does achieve equality if that is their objective.   The current tax rules on separation and divorce   Under the current tax rules, a husband and wife can transfer assets between one another without the transfer is taxable. That’s because the transfer of an asset takes place on a no gain and a no loss basis so the spouse acquiring the asset gets the item at the base cost of the spouse who is transferring the asset to them. In other words, a spouse transfer does not crystalise a gain or loss. The issue with the current tax rules for separating couples is that these capital gains tax rules only give these concessions in the tax year of separation.   That may not sound like a big problem but it is. Take the example of a couple with an investment portfolio or a buy-to-rent property. They may conclude that if the wife is to stay in the family home, then the fair financial settlement is for the wife to transfer her share of the investments or buy to let property to the husband. If the couple decides to split in late March they only have until the end of the tax year in early April to sort out the transfers. If they don’t then one of them could face an unexpected and large capital gains tax bill that they would be solely responsible for.   Even if a couple decides to separate in May (so they have almost a full tax year) they can get caught out if they do not take early legal or accountancy advice. For example, the couple could start no-fault divorce proceedings in June but not start thinking about their divorce financial settlement until many months later giving them insufficient time to give notice to transfer investments or to sort out a new mortgage on the buy-to-rent property before the end of the tax year of separation. The government has acknowledged that tight timeframes on various tax aspects arising from separation or divorce can create difficulties and complexities so the proposed new tax regime is more generous and less restrictive. [related_posts] The changes to tax on divorce or separation   With effect from the 6 April 2023, there will be a new tax regime for separating or divorcing couples. If you transfer assets between spouses on or after the 6 April 2023 the no loss and no gain principle will apply to transfers that take place up to 3 years after the end of the tax year of separation. Furthermore, if the transfer takes place as part of a financial court order there is no time limit for the no loss and no gain principle.   The changes to tax on divorce or separation and the family home   If you sell or transfer a family home as a married couple there is no capital gains tax payable because of principal private residence relief. However, principal private residence can be lost resulting in unexpected tax bills.   The complexities of capital gains tax mean you both need to think carefully through the ramifications of agreeing to a mesher order on the family home. For example, a husband and wife may agree that the family home should stay in joint names until their youngest child is 18 as the spouse staying in the family home can't afford to take out a mortgage in their sole name so cannot get the house transferred to them. In reaching this type of mesher agreement the spouse who leaves the family home can, in some circumstances, lose their principal private residence relief.   The government is planning to make it simpler for couples to agree to mesher orders because the non-occupying husband or wife's share of the property will not be subject to CGT when the family home is eventually sold under the terms of the mesher order. The proposed changes may make mesher-type orders more attractive to some families, especially where there isn’t enough equity to rehouse two families or there is a particular need to delay selling the family home until the children have completed their exams. Capital gains tax and divorce in the future   Even after the new rules come into force capital gains tax will still be payable in some scenarios when a couple separates or divorces. If you are concerned about reaching a divorce financial settlement and the tax implications it is best to get early specialist advice on your family law options.   For expert Divorce and Financial Settlement advice call our team of specialist divorce lawyers or complete our online enquiry form

Should I make a Will? Won't intestacy rules protect my family? It is important that everyone has an up-to-date Will. I am not just saying that because I’m a private client solicitor who specialises in preparing Wills! I am saying it because, in my job, I see the extra heartache and the legal costs when a loved one dies without a Will or dies with a Will that is not fit for purpose. Why make a Will, aren’t there intestacy rules to say who the money goes to? That is a question that I’m often asked. It is right; if you don’t have a Will then under intestacy rules your money will go to your relatives. However dying intestate means you don’t get a say over who your money goes to. In some situations it can mean that wealthy parents get all your money (creating a bigger inheritance tax bill when they pass away) whereas you might have wanted some of your money to go to a girlfriend, a nephew or to charity. It also means that it is more likely that family members will fall out over the money allocated to them under the intestacy rules. If you make a Will then you decide who gets your money. You can also put conditions on gifts, such as a child should only get their inheritance when they are 25 or older. You can also decide who should sort out your estate by appointing executors and trustees in your Will. The trustees can be given the power to advance money to your children if they need it, for example to pay university fees. In some family scenarios dying without a Will doesn’t create a lot of additional legal complications (although it may still create extra stress for family members). However in some family situations it does, such as: unmarried partners and families; where you have been married more than once; if you have young children who need legal protection, such as appointing a testamentary guardian in your Will ; if you are a business owner. Most of us understand the need to sort out insurance for our family and preparing a Will should be on the same ‘to do’ list as one of life’s essentials. I have a Will, does it need updating because of my marriage? When you marry any existing Will is automatically revoked, meaning that if you die your money passes under intestacy rules. Those rules may produce a very unfair result or a legal dispute between relatives over who should get what. It is therefore vital that you make a new Will when you get married or alternatively say in your Will that the Will is being made in contemplation of your planned marriage. I am getting divorced. Do I need a new Will? If your marriage is ended by a court order (like divorce or annulment) your Will is not void or invalid. What happens is that any gift to your former spouse takes effect as if he or she had died on the date your decree became absolute. That usually means the gift falls back into residue for the benefit of the residuary beneficiaries. Of course, if you had left everything to him or her, then the effect is as if you had died intestate and the rules of intestacy once again decide how your estate is distributed. Similarly, if by your Will you had appointed your spouse as an executor or trustee, the Will still takes effect as if he or she had died on the date the decree became absolute. Even if you had appointed him or her as trustee of a trust for the benefit of the children of both of you, or as a guardian of a child or children, the trust fails. That might not be what you want - although you are divorced, you may still like your ex-husband or ex-wife to be responsible for any children's trust fund. So it is best to make a new Will immediately after your divorce, especially if your spouse or civil partner was a beneficiary or a trustee. However, because your Will does not become invalid at divorce, you can make a new Will at any time after separation but before divorce so that these issues do not occur. You do not have to await the decree absolute. I own a property with my partner. I don’t own anything else so I don’t need a Will. There is more than one legal way to jointly own a house. If you jointly own a house as ‘’joint tenants’’ the surviving partner automatically inherits the property. However many co-owners buy a house with their partner as ‘’tenants in common’’. This type of joint ownership means that their share of the property passes by their Will or if there is no Will under intestacy rules. It is always important to check how you jointly own a house when preparing a Will. Can I write my own Will? Yes, you can but I wouldn’t recommend that you do so. That is because Wills are tricky legal documents. The consequences of getting the Will wrong can be legally expensive and stressful for your family. It can also add to the risk that someone might challenge the Will. The legal Court costs of challenging a Will are high. So , in my view , it is money well spent to get specialist legal advice to make sure your Will is fit for purpose and to get it reviewed when significant life events (such as marriage, the birth of children or grandchildren, divorce, new relationships) occur. [related_posts] How much does a Will cost? A bespoke Will drawn up by an experienced and regulated solicitor isn’t as much as you might think. Evolve is one of the first law firms to publish fixed fees for Wills. Take a look at our online price list so you have an idea of our charges before making a call or emailing us. If you already have a Will then you may want to get us to check and review it. That’s because family and personal circumstances change so your old Will may not be ‘’fit for purpose’’. Some people have complex finances and businesses and need in depth advice on trusts and estate planning or on domicile. However, even if your situation is not complex, it is be easy to fall foul of inheritance tax and that means your estate could pay more than it needs to in tax. Your old Will might have cumbersome tax planning clauses that are no longer needed and future expense can be avoided. You and your family may therefore benefit substantially from tax input. If you need advice on tax structures, trusts or overseas assets then please call me for a quote. Everyone needs a Will and as all of our personal and financial circumstances are different. That is why it is important that everyone takes bespoke advice, at a cost they can understand, to make sure that their Will meets their needs. If you need a Will or a Lasting Power of Attorney or want me to review your existing Will or Lasting Power of Attorney then please contact us.

Do you suspect your ex is hiding assets from you in your divorce proceedings? If your ex is hiding assets there is a real risk you won't achieve a fair financial settlement. If you suspect your ex is hiding assets there is also a strong possibility that you won't be able to reach an agreed financial settlement because of your suspicions. That’s why if you think your ex is hiding assets in divorce proceedings it is best to get expert family law advice on your options. For expert Divorce and Financial Settlement advice call our team of specialist divorce lawyers or complete our online enquiry form. Is my ex hiding assets in divorce proceedings? Divorce solicitors will tell you that a husband and wife are under a duty to provide full and frank financial disclosure of their assets when negotiating a financial settlement. That’s the case whether you are negotiating through: Direct discussions Solicitor negotiations Family mediation Family arbitration Financial Court proceedings If things are amicable, or your finances are straight forward, you may not want to see reams of paperwork going back years but every family situation is different. You probably know if your ex has hidden stuff from you throughout your marriage or you may suspect that they started to do so when they met someone else or when the marriage got into difficulties and the relationship started to drift apart. If your ex is very keen to reach a financial settlement without providing any paperwork and wants to get an agreed clean break Financial Court Order as soon as possible this may raise a red flag for you or your divorce solicitor as you need some minimum paperwork to check things out. If you feel that you are being pressurised into accepting no or very limited financial disclosure documents, and into accepting your ex’s word for everything, talk to a financial settlement solicitor before agreeing to a division of assets. That’s because whilst your ex might be totally honest and just wanting to ‘cut to the chase’ and get an agreement, you are entitled to see supporting paperwork. It’s important to do so as any financial settlement you reach by agreement can't easily and quickly be unravelled if it turns out that you were right to have your suspicions about your ex hiding assets from you. [related_posts] Why is my ex hiding assets? There are many reasons why an ex may try to hide assets. Divorce solicitors come across these common excuses: It is inherited money It is savings from my income The new house is owned by my new partner so it isn’t really my asset even though the deposit came from me There is no need to get a business or pension or other asset valued as you can take my word for the value Money was owed to a family member and was not transferred to them to hide assets Cash that was put into additional bank accounts was forgotten Property owned abroad or owned before marriage doesn’t count towards the financial settlement so wasn’t disclosed as it isn’t relevant ( in the ex’s opinion) These are all excuses and should not be used as a reason to not provide full and frank financial disclosure. Sometimes an ex will try to hide money that might not be relevant to the financial settlement but you will both spend time and money arguing over the financial disclosure. However, if the asset had been disclosed at the outset your financial settlement solicitor could have advised you about its overall relevance to the financial settlement. For example, a pension accrued before a short marriage with a cash equivalent transfer value of £10,000 may not be of significance and your ex is wasting their time and money by trying to hide an asset that may be of limited relevance because of the duration of your marriage or your ages. However, by failing to disclose the pension, you and the Court may be far more sceptical about how honest their other financial disclosure is, such as, the extent of your ex’s declared self-employed income or the reason they have transferred money to a sibling or new partner. What can you do about an ex hiding assets? If you are separated or getting divorced and you believe your ex is hiding assets you may need urgent financial settlement and injunction representation. That’s because if your ex is hiding assets with the intention of reducing your financial settlement you may need an injunction order to stop them. Examples of when you may require a financial injunction include: Your ex is transferring money or property to a third party Your ex is putting their pension in payment and taking the maximum tax free cash sum to put the money out of your reach Your ex is syphoning money out of the family business by paying a family member for false invoices with a view to making sure the family business has a lower value placed on it as profits will be down Your ex is buying property overseas or transferring assets abroad Your ex is moving money out of joint bank accounts and putting it into cryptocurrency An injunction is a temporary measure to stop your ex from hiding or disposing of assets. It is best to consider a section 37 injunction application rather than assume that in financial settlement Court proceedings a new partner, parent or sibling can be joined into the financial application to try to unravel the transfer of assets. Whilst that is possible it is normally best to stop the transfer taking place in the first place by securing a freezing injunction. If you have not already done so, a divorce solicitor will also advise you to start financial Court proceedings for a Financial  Court Order. Within the financial settlement application, the Court can make financial disclosure orders that your ex will need to comply with. If your ex does not comply with the financial disclosure orders then you can ask the Court to enforce the disclosure orders against your ex or ask the Court to draw inferences. For example, if the Court ordered disclosure of historical bank statements to reveal what happened to the £100,000 after the sale of a buy to let property and your ex flouts the disclosure order you can ask the Court to draw inferences as to why and ask the Court to add back in the £100,000 so you get a greater share of the other family assets. Financial proceedings and ex hiding assets If you have started financial proceedings and you are not satisfied with your ex’s Form E financial disclosure then a specialist family solicitor can review the financial disclosure with you and draw up a list of additional questions and request for extra non-standard paperwork . For example, if your ex is the director and shareholder in a family business and you suspect they have been syphoning money off to their new partner by creative accounting or use of the director loan account, you can ask for a forensic accountant to value the business and look at your accounting concerns as well as asking for an order that your ex disclose statements for their DLA. Alternatively, you can ask the Court to make financial disclosure orders to help you investigate if: Your ex is self-employed and the family lifestyle does not match their declared earnings Your ex has withdrawn significant sums from a business or personal account and that is not their usual pattern of spending Your ex previously mentioned an asset that they said would be a rainy day asset or pension but there is no mention of the asset in their financial disclosure There are lots of ways a tenacious divorce solicitor can ‘get to the bottom’ of financial disclosure, with the assistance of your background information and knowledge of your ex, combined with seeking the right injunction, financial disclosure orders and valuations. For expert Divorce and Financial Settlement advice call our team of specialist divorce lawyers or complete our online enquiry form

North West law firm Evolve Family Law has become an employee-owned business, in a deal supported by Brabners. The family law specialist, which was established in 2015 by Robin Charrot and Louise Halford, is now 100% owned by a newly established employee ownership trust (EOT) which will look after the interests of the firm’s 13-strong team. The deal will preserve the future independence of the £1m+ turnover business, which has offices in Holmes Chapel and Whitefield, with both founding directors continuing to play an active and long-term role in the firm as it pursues further growth under employee ownership. The transition to employee ownership was supported by the corporate team at leading independent law firm Brabners – led by employee ownership specialist Stephen Hadlow. Evolve acts for a wide range of UK and international clients, including high net worths, on family matters such as finances on divorce, cohabitee disputes, nuptial agreements, child arrangements (including relocation and abduction), wills, estate planning and probate. Employee ownership is one of the fastest growing business succession solutions in the UK, following the introduction of EOTs by the government in 2014. One in every 20 private company sales is now to an EOT, with Evolve Family Law joining a network of EOTs in the UK that includes Richer Sounds and Go Ape.   Robin Charrot, founding director at Evolve Family Law, said: “Over the past seven years, we’ve grown the firm sustainably while bringing new people into the fold to share in our success. Our priority has always been looking after our clients and co-workers rather than maximising profit, and that sentiment has been at the core of our decision to become an employee-owned business, which will provide a platform for everyone to contribute and benefit as Evolve grows in the future.   “Louise and I could have sold the firm to an outside party, but we decided that this would not provide the best outcome for our clients or our staff. We have no plans to step away from the business, so we’re looking forward to helping Evolve prosper under employee ownership while we continue to support clients with transparent, trusted advice for years to come.”   Stephen Hadlow, partner and employee ownership specialist at Brabners, said: “Employee ownership has become an increasingly attractive and popular option for business owners, particularly so since the pandemic. At a time when markets continue to consolidate, it offers a route for businesses to preserve their independence and culture, as well as create a long-term, sustainable pathway for succession. With businesses putting a greater focus on their employees, wellbeing and CSR, we’re expecting more and more firms to move to employee ownership models in the coming months.” James de le Vingne, chief executive of the Employee Ownership Association (EOA), said: “We congratulate our member Evolve Family Law on its transition to employee ownership; securing the ethos, values and culture of the business, as well as rooting jobs in the North West. Businesses that give employees a stake and a say in the business build trust and shared responsibility, uniting leaders and employees behind a common purpose, and leaving businesses in a better position to flex and adapt.” Read the EOA press release here: Family law specialist transitions to EO to ‘provide a platform for everyone to contribute and benefit’ as the business grows | Employee Ownership Association

When you're getting divorced you can come across a lot of legal jargon and terms you’re not familiar with. Many people feel embarrassed about asking their divorce solicitor questions ( they shouldn’t) but in this blog our divorce solicitors explain what a divorce coach is and how they can work with your divorce solicitor to help you.   For divorce advice call our team of specialist divorce lawyers or complete our online enquiry form.   What is divorce coaching?   Divorce coaching gives you the chance to think and make decisions about your separation or divorce as well as process your feelings in an impartial and non-judgemental setting. It allows you to express and work through all the fears, thoughts, and anxieties that you may not feel ready to talk to those around you about. It can help you navigate the divorce process, empowering you to make decisions and take the action that’s right for you.   It can also allow you to explore how you would like this next chapter of your life to be post-divorce, helping you to see the possibilities and feel confident, positive, and optimistic about the future.   Why do I need a divorce coach if I have a divorce solicitor?   You may have a great divorce solicitor that you trust and feel comfortable talking to but a divorce lawyer is there to give you legal advice and explain your legal options. However good their legal advice is and however supportive they are you can still feel overwhelmed by the decisions you have to make. For example, over the timing of your divorce proceedings, whether you should agree a proposed financial settlement or the proposed post separation parenting arrangements for your children.   A divorce coach works with you so you have more confidence in the divorce, financial and children decisions you are making. With greater confidence you are likely to be better able to either reach compromises or cope with the stress of financial or children law proceedings that may be necessary. For example, if your ex-spouse is refusing financial disclosure or your ex is refusing you contact with the children.   Working with a divorce coach   A divorce coach has a client-centric point of view and works with you, not you and your partner. Coaching sessions are one to one and are confidential. They are usually conducted either at the private office of the coach, or via a platform such as Zoom.   You are your own expert on your life and what is most important to you as you move forward. A divorce coach though can act as a thinking partner and sounding board for you, helping you to make sure you can communicate what you want clearly, whether that is to your ex, your family, your divorce solicitor or your family mediator.   A divorce coach helps you to explore your views about possible options, enabling you to consider different choices. In this self-discovery process you can sometimes discover that there are gaps in your knowledge or gaps in your skills. Together you and your coach can develop a plan on how to close these gaps so that you can be confident not only in the decisions and agreements you are making as part of your divorce. But also, beyond it to help you to build strong foundations for a life post-divorce filled with optimism, potential, security, and excitement.   What are the benefits of talking to a divorce coach?   There are many benefits of divorce coaching, such as:   Reducing feelings of turmoil - getting divorced requires a lot of paperwork and organization — tasks that can feel overwhelming when you’re going through emotional turmoil. A divorce coach help you make sure you have everything you need to get it done so that when you meet with your divorce solicitor you are ready and prepared, meaning your meetings can be as cost effective as possible. Saving you money - working with a divorce coach during your divorce can actually save you money by ensuring that your meetings with your divorce solicitor focus purely on the legal process and decisions that need to be made. It is completely understandable that you want to talk through how you are feeling and work through all your emotions about your divorce. But doing this every time you meet with your divorce solicitor may increase your legal fees without actually moving you forward emotionally. A divorce coach will help you manage your emotions so that you can make decisions that are not clouded by how you are feeling about your ex-partner.   What will a divorce coach talk to me about?   The following isn't an exhaustive list, but does give you a general overview of the sorts of things a coach can work with you on:   You're so fearful about your future that you can't make decisions You are feeling overwhelmed by all the paperwork getting divorced involves You have no idea what you're going to do when the divorce is final You're very angry and are trying to use your children to get revenge You're not familiar with the legal process and feel overwhelmed You're not thinking clearly and it's making it very hard to make any decisions You are struggling to figure out a parenting plan that's going to work You are struggling to figure out how you will co-parent [related_posts] What should I look for in a divorce coach?   When looking for a divorce coach your divorce solicitor will be able to help with a referral but you should be checking that any divorce coach you approach is:   Properly qualified with a recognised qualification in coaching A member of a recognised coaching body such as the Association for Coaching, or the International Coaching Federation. This confirms that they are committed to working ethically and responsibly with you and are appropriately qualified A good fit for you as coaching is a very personal experience and it’s important that you feel comfortable with your divorce coach and that you can work well together. So, check that any coach you contact offers a chance to have a free, no obligation 15- 30 minute consultation with them so that you can ensure they are the right person for you   Final thoughts on divorce coaching   Divorce can be a lonely, stressful, and unsettling time, having a coach to help you navigate through, be on your team and ultimately help you flourish after your divorce is complete is definitely something worth considering.   For divorce advice call our team of specialist divorce lawyers or complete our online enquiry form.

Child arrangement orders have been around a long time but we still get lots of questions from worried parents who are in the midst of a separation or divorce about their child custody rights or asking questions about residence and contact or access orders. In this article, children law expert Louise Halford answers your frequently asked questions on child arrangement orders. For expert Divorce and Children Law advice call our team of specialist divorce lawyers or complete our online enquiry form. What is a child arrangement order? A child arrangement order is a Court order that sets out parenting arrangements for children when there is a dispute between parents. The order is a combined order as it will set out where the children will live ( this used to be referred to as a custody order or residence order) and the contact arrangements (this used to be referred to as an access order or contact order). Do I need a child arrangement order? You only need a child arrangement order if you can't agree on the parenting arrangements for your children. If you can't reach an agreement direct then your children law solicitor can help you sort things out by negotiation or by providing legal support during family mediation. The Court will not routinely make a child arrangement order just to record what you have agreed unless there is a history of dispute or a real reason for the order. Will a child arrangement order let me take my children abroad? If you are named as the residential parent in a child arrangement order you can take your children abroad on holiday for up to four weeks without needing the other parent’s agreement. However, even with a child arrangement order, you can't move overseas with your children without the other parent’s agreement or Court order. If the other parent won't agree to your plans to relocate overseas with the children, then you need to apply for a relocation order. Can you change a child arrangement order? A child arrangement order can be changed either by both parents recording that they agree the parenting change or by applying back to Court to vary the child arrangement order. For example, if you agree that the children should be returned home at 6pm rather than at the old time of 5pm, the agreement to the change could be recorded in a text or email without needing to go to the expense of a Court application. However, if your child wants to move to live with you and the other parent won't agree then you will need to apply to Court to vary the child arrangement order. You should not change the child arrangement order without taking advice as you do not want to be accused of breaching the Court order. Does a child arrangement order include child support payments? A child arrangement order does not say if child support should be paid by one parent to the other parent. If you can't agree on what child support should be paid the Court has limited powers to make a child support order but the Child Maintenance Service can be asked to carry out an assessment of child support liability and can arrange payment. [related_posts] Shared care and child arrangement orders A child arrangement order can specify the parent the children will live with and set out the contact arrangements with the other parent. Alternatively, a child arrangement order can say that parenting is shared and specify how the shared parenting works. It does not necessarily have to be a fifty per cent split of each week. Ideally a child arrangement order will also set out how holiday contact will be arranged. For example, that parents will have alternate year Christmas day contact or that school holiday contact will be divided equally on dates to be agreed between the parents. With a child arrangement order can you make all important decisions? If you have a child arrangement order it does not allow you to make all the important decisions for your child, such as choice of school or faith. The other parent is likely to have parental responsibility for your child so you both have equal rights and responsibilities over major decision making. That means if you can't reach an agreement over an aspect of parenting then either you or the other parent will need to the Court for a specific issue order or a prohibited steps order. The Court will make a decision based on what the judge believes to be in the child’s best interests. Who can apply for a child arrangement order? It isn’t just parents who can apply to court for a child arrangement order. There are others who have an automatic right to apply for a child arrangement order such as step parents, a relative if the child have been living with the relative for twelve months or anyone who has looked after the child for three years or more. In addition to those with an automatic right to apply for a child arrangement order, others can apply for permission to apply for a child arrangement order. This typically covers the situation where a grandparent wants an order to have contact with a grandchild. If you need help with a child arrangement order application our specialist children law solicitors are here to help you. For expert Divorce and Children Law advice call our team of specialist divorce lawyers or complete our online enquiry form.