Family Law Articles & Advice

If parents are honest about their fears surrounding coming out of a bad relationship one of their biggest worries is whether their ex can take their child. Sometimes it is just a fear as your ex has no interest in seeing the child or providing child support. In other family scenarios your ex-husband, wife or partner may want to take the child as they know that is the one thing that will really devastate you or they may genuinely want to look after the child as much as you do but the two of you can't agree on the child care arrangements. In this blog our specialist children solicitor looks at whether your ex can take your child and your options. Will the police help if my ex takes my child? If your child is taken your first thought may be to call the police and, in any situation, where you fear that your child is at risk of harm then that is the best thing to do. Risk of harm is always a balancing act so whilst you may think that your child is being harmed by staying with their other parent the police may not think so unless there is some evidence that the child is at risk.   The police won’t remove a child from a parent’s care to police a family court order over child care arrangements if there is no apparent risk of immediate harm as generally the police will say that other than in an emergency situation family and children law matters should be sorted out by the family court. That should not stop you from calling them though in situations where you do have genuine welfare concerns, such as a parent with anger management issues where there were domestic violence issues in the relationship or a parent who appears under the influence of drink or drugs and incapable of safely caring for the child.   There are some family scenarios where it is best to get a family court order so that you can show the order to the police. For example, if you fear that your ex-partner will take your child overseas without your agreement you can make an application to the family court for a prohibited steps order to prevent the child being taken abroad. If you are concerned that you or your child is at risk of domestic violence then you can apply to the court for an injunction order. If you are worried about the safety of contact you can ask the court to make a child arrangements order. A child arrangements order can stop direct contact or say that contact should only take place if supervised or can set limits and conditions to the contact. Take legal advice if you are worried that your ex may take your child As every family situation is different it is best to take legal advice on your circumstances and best options for your family. For example, you may be worried about your ex-husband or ex-wife planning to move within the UK for work reasons and taking your child with them, thus preventing regular contact visits. Alternatively, you may fear that your ex-partner wants to return overseas to their country of origin or where relatives are already based, taking the children with them so at best you can only get to see the children once a year.   Children law solicitors say that if you are worried about your ex taking your child it is best to take specialist legal advice as quickly as possible because: A children solicitor will be able to tell you where you stand legally and often knowing what your rights are can help manage your worries It may be necessary to apply for an urgent court order, such as an injunction order or action to prevent child abduction to an overseas country with the making of a prohibited steps order A solicitor’s letter to your ex-partner or an application for a child arrangements order may be needed to formalise the child care arrangements and ensure that your ex-partner is aware of the consequences of breaching your agreement or the child arrangements order. [related_posts] What happens if a parent breaches a court order and takes a child? If a parent breaches a family court order, such as a child arrangements order, prohibited steps order or specific issue order, enforcement action can be taken. It can be tempting to apply straight to court to enforce an order but it is best to take children law legal advice before doing so. For example, if a parent has returned a child home late on one occasion starting enforcement action for a breach of a child arrangements order may not be appropriate. However, if the late return on a Sunday night is affecting schooling and is a regular occurrence despite requests and letters, it may be appropriate to take action.   Children solicitors say that if an order is breached you may need to take speedy action. For example, if a parent keeps a child after a contact visit was due to end you don’t want to leave things so that the other parent can then argue that the status quo of the child living with you has changed and that the child is now happy and settled with them. In cases where child abduction overseas is feared then it is vital that speedy action is taken to avoid the child being taken abroad. That is because if the child is taken to a country that isn’t a signatory to the Hague Convention it may be hard to get an order for the child’s immediate return to the UK.   Whatever the nature of the breach of court order, the court can enforce the order and impose penalties on the parent who breached the court order. The penalties will depend on the court’s view about the circumstances of the breach of court order as well as the severity and frequency of the breach. The court can: Impose a community service order and order a parent in breach of a child arrangement order to carry out up to 200 hours of community service Fine the parent in breach of the court order In rare cases a prison sentence can be imposed on the parent in breach of the court order Order a parent to pay the other parent compensation if the breach of the court order led to loss, such as unpaid time off work.   As every breach of a court order has a different impact on a family it is best to take legal advice before applying to enforce an order as it may, for example, be preferable, to apply back to court to vary the existing child arrangements order or other type of children order. We are Manchester and Cheshire Children Law Solicitors Evolve Family Law specialise in separation and children law matters. If you are worried about your ex taking your child or need representation in child arrangements order proceedings call us or complete our online enquiry form. Evolve Family Law offices are located in Whitefield, North Manchester and Holmes Chapel, Cheshire but our children law solicitors are experienced in working remotely and offer meetings by telephone appointment or video call.

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.

Our private client solicitors will tell you that enquiries are rising about whether Wills can be challenged by family members and loved ones. In this blog we look at the grounds for contesting a Will.​ ​Can I contest a Will? When a family member passes away it is a difficult time. Your grief and distress can be increased if you don’t think that your loved one’s Will is correct. If that is the case, then it is best to take legal advice on the Will and whether you have the grounds to contest it. Our contesting a Will solicitors provide discreet, sensitive advice about your options.   What are the grounds for contesting a Will? You may be able to contest a Will if: The Will maker lacked testamentary capacity or The Will was not executed properly or The Will maker was unduly influenced to make the Will or The Will was fraudulent or forged.   In addition, if you’ve been left out of a Will or you haven’t been left as much as you need and you were dependant on the deceased, you may be able to bring a claim against the estate. This is different to challenging a Will on the above grounds.   Contesting a Will because of lack of testamentary capacity If the Will maker signed their Will at a time when they had lost their mental capacity to manage their own affairs (referred to as a lack of testamentary capacity by contesting a Will solicitors) then their Will isn’t valid. That’s because you must have testamentary capacity in order to make or change your Will.   Loss of mental or testamentary capacity means that the Will maker didn’t have the mental ability to understand what they were doing when they signed their Will and the impact that their actions would have on their estate.  If the person executing the Will doesn’t have mental capacity at the time that their Will is executed then, if the Will is successfully challenged, the estate will pass and be administered in accordance with their most recent valid Will instead. If the deceased hadn’t made an earlier Will then their estate will be divided under the rules of intestacy. It is therefore important to understand what would happen to the deceased’s estate if a Will is challenged as intestacy rules can produce unexpected results.   Contesting a Will because the Will wasn’t executed properly A Will may not have been executed properly as it wasn’t signed by the Will maker or their signature wasn’t properly witnessed by two witnesses. As a result of the Covid-19 pandemic the government has introduced temporary remote witnessing of Wills if certain criteria are met. That has raised additional concerns if the Will maker is vulnerable. If the Will wasn’t executed properly then the Will is invalid and the deceased’s estate will pass in accordance with any earlier validly executed Will or, if there is no earlier valid Will, under intestacy rules.   Contesting the Will because the Will maker was unduly influenced to make the Will If the Will maker was under undue influence or was pressured or coerced into making a Will then the Will may be invalid. There may be a red flag over whether there was undue influence if the deceased was elderly or vulnerable and left their estate to someone they only met shortly prior to their death and the deceased had always said that they would leave their estate to family members or friends. Any challenge to a Will on the basis of undue influence has to carefully look at what evidence there is of undue influence, other than suspicion on the family member’s part, because to contest a Will on the basis of undue influence you need to be able to say that the deceased would not have made the legacy in the Will without being subject to coercion or undue influence.   Contesting a Will because the Will was fraudulent or forged If a Will is fraudulent or forged then it is invalid. Examples include forging the Will maker’s signature to make sure the Will is executed or destroying a Will so that an earlier Will is thought to be the valid Will or because under intestacy rules the fraudulent person will get the lion’s share of the estate.   Should I contest a Will? If you want to contest a Will on one of the above grounds because you have concerns about a Will then it is best to take legal advice. That is because challenging a Will can create tensions between family members or bad feeling. A contesting a Will solicitor can assess the grounds for challenging the Will, the evidence and your options. [related_posts] How do you contest a Will? If you want to contest a Will it is important to take action and obtain legal advice as soon as you are able to do so. That’s because there are time limits to contest a Will. For example, if you are bringing a claim as a dependant of the deceased the time limit is six months from the issue of the grant of probate.   If you decide to contest a Will then you can make a claim, referred to as a ‘caveat’, to the Probate Registry office. The claim means that the probate won't be completed and therefore the estate won't be distributed without your being notified and able to pursue the claim. The caveat lasts for six months but can be renewed if an extension is justifiable.   If during the period of the caveat you are not able to resolve the Will dispute by agreement then you have the option of starting court proceedings to contest the Will. When determining the application the court will weigh up all the evidence and that’s why it is best to take specialist legal advice before starting the litigation. That way you can make informed choices on whether pursuing the court case is in your best interests. Our Private Client and Contesting a Will Solicitors Deciding whether or not to challenge a Will isn’t an easy decision to make. For sensitive, pragmatic help contesting a Will call Chris Strogen at Evolve Family Law or complete our online enquiry form. Our offices in Holmes Chapel, Cheshire and Whitefield, Manchester are open for face to face meetings, however an appointment is required. We also offer remote meetings by appointment by video call or telephone for those who prefer not to travel.

The short answer to the question ‘are prenuptial agreements legally binding in the UK?’ is no but please read on as prenuptial agreements can save you a lot of money. They are the financially prudent and the sensible, if unglamorous part, of wedding planning.​ What is a prenuptial agreement? A prenuptial agreement is an increasingly common document that an engaged couple enter into prior to their marriage. If someone isn’t sure what a prenuptial agreement is or what it does then they can be more wary about signing the document so it is best not to make assumptions about your partner’s understanding of what a prenuptial agreement is and will do.   In essence a prenuptial agreement will govern how a couple will regulate and resolve their financial affairs in the event of a separation. The prenuptial agreement is bespoke to the couple and can be as detailed or as simple as the couple prefer.   Prenuptial agreements and UK family law Now is a good time to answer the question ‘are prenuptial agreements legally binding in the UK?’ That’s because the leading family law case report on prenuptial agreements was ten years old in October 2020. The case remains good case law that is followed by family law judges when they are asked to consider a prenuptial agreement in divorce and financial settlement proceedings. The judges follow this case report, and later decided cases, in the absence of any UK legislation on the status of prenuptial agreements in UK divorce law.   The leading family law case on prenuptial agreements remains the 2010 UK Supreme Court decision of Radmacher v Granatino.   What is the legal status of prenuptial agreements? A prenuptial agreement doesn’t have any statutory or legislative basis and isn’t a binding contract in the same way as a commercial contract. However, that doesn’t mean that a prenuptial agreement doesn’t have legal status. It gets its status from case law, particularly from the leading court case of Radmacher.   Prior to the case of Radmacher prenuptial agreements were thought to be contrary to public policy because they might encourage separation, though the reality was couples wanted to enter into prenuptial agreements, not with a view to separation, but to cover that eventuality, in the same way couples organise life insurance, Wills and Lasting Powers of Attorney. The Radmacher case acknowledged the importance of couples being able to freely enter prenuptial agreements.   The status of prenuptial agreements after the Radmacher court case In the Radmacher case a French husband and a German wife entered into a prenuptial agreement three months before their marriage. In essence, the prenuptial agreement said that neither the husband nor the wife would make a claim on the other’s property if they separated and got divorced. The couple had two children together but eventually separated. The husband made a financial claim and the wife said the prenuptial agreement should be binding on him.   During the financial court proceedings the court had to assess the relevance of the prenuptial agreement. The wife, who was heir to family wealth, said the prenuptial agreement should be binding but the husband argued that it wasn’t. His argument was based on the fact that he did not have legal advice when he agreed to the prenuptial agreement, there had been no financial disclosure or negotiations before the agreement was signed and the couple had children after entering into the agreement.   The court case went all the way to the Supreme Court and that’s why it remains a leading case on the status of prenuptial agreements in financial court proceedings. The Supreme Court said that ‘’the court should give effect to a nuptial agreement that is freely entered into by each party with a full appreciation of its implications unless in the circumstances prevailing it would not be fair to hold the parties to their agreement."   The key points from the Radmacher case is that your prenuptial agreement must be freely entered into and should be fair. [related_posts] What is a freely entered into and fair prenuptial agreement? As it is ten years since the Radmacher decision not only are more couples choosing to enter into prenuptial agreements but the family court is also being asked to look at the relevance of prenuptial agreements in divorce and financial proceedings.   If you are looking at signing a prenuptial agreement then it is important to ensure that your agreement is drafted by a prenuptial agreement solicitor who knows what the court will look at when deciding whether to enforce the agreement or to give it weight in any financial court proceedings.   Whilst prenuptial agreements are not currently automatically enforceable as a contract the family court will either enforce it or give weight to the terms of the prenuptial agreement (thus potentially reducing the size of the financial settlement that would otherwise have been awarded in divorce and financial proceedings ) if the following formalities are met: The terms of the prenuptial agreement must be fair to both parties and must meet the needs of any children There must have been financial disclosure so that the husband and wife each had an understanding of the other’s financial position so they could make informed decisions about the content of the agreement and whether to sign it The prenuptial agreement should be signed at least twenty one days prior to the marriage ceremony or civil partnership The agreement should be freely entered into with no duress or undue influence or misrepresentations about signing the prenuptial agreement Both parties to the prenuptial agreement should take their own independent legal advice before signing the document.   Is a prenuptial agreement a good idea? Since the Radmacher case prenuptial agreement solicitors have seen a substantial rise in enquiries about both prenuptial agreements and postnuptial agreements. That is because, in today’s age, couples want to plan and feel financially secure, whatever the future holds for them. To a family solicitor that is just sensible and prudent planning from a committed and switched-on couple who don’t want to engage in expensive court litigation should they decide to separate at a later date. Our Prenuptial Agreement Solicitors For help with your prenuptial agreement or postnuptial agreement call the friendly, specialist prenuptial agreement solicitors at Evolve Family Law or complete our online enquiry form. Our offices in Holmes Chapel, Cheshire and Whitefield, Manchester are open with social distances measures in place for face to face meetings, however an appointment is required. We also offer remote meetings by appointment by video call or telephone for those who prefer not to travel.

Nowadays we like to think that every type of relationship is valued and that whatever the nature or status of our relationship we are all treated fairly and without any form of discrimination. If you are in an unmarried relationship the world has changed from a generation ago where there was still a social stigma if you were unmarried or had children ‘out of wedlock’. Although the attitude of society has changed to unmarried relationships when it comes to the law on Wills and estate planning the law hasn’t caught up. That’s why it is essential that if you are in an unmarried relationship you understand why you and your partner each need a Will. Wills and married and unmarried relationships When it comes to Wills and married and unmarried relationships unless you are a private client solicitor, or have had advice from one, you probably won’t appreciate just what a difference a piece of paper makes, namely your marriage certificate or civil partnership certificate.   If your relationship has the legal status of marriage or civil partnership then as a spouse or civil partner you have: Intestacy law rights if your husband, wife or civil partner dies without leaving a Will The right to bring a claim against your husband, wife or civil partner’s estate if they leave a Will but the Will doesn’t make reasonable financial provision for you Inheritance tax concessions as a spouse or civil partner Capital gains tax exemptions on transfers between spouses and civil partners.   If you are in an unmarried relationship then on your partner’s death: If your partner dies without a Will and intestacy rules apply then an unmarried partner will not get an automatic share of the estate. That means you could be left with nothing unless you are able to make a court claim against the estate An unmarried partner can only bring a claim against the estate of their partner if the partner died intestate without leaving a Will or they left a Will but reasonable financial provision wasn’t made for them in the Will and they fall within one of two categories, namely, a person who for two years prior to the death of their partner was living with the deceased as spouse or civil partner although not married or if the unmarried partner was being maintained by the deceased prior to the deceased’s death. That means an unmarried partner has to either prove a two-year relationship or dependency on the deceased If an unmarried partner receives an inheritance or lifetime gifts there are no specific inheritance tax or capital gains tax exemptions or allowances.   As cohabitation is an increasingly popular form of relationship and because many adults in the UK don’t have a Will there are many people in unmarried relationships who will be left in a financially vulnerable position on their partner’s death.   Some people assume that they won’t have this problem as they are a ‘common law’ husband or wife or because they have been in a relationship with their partner for over three or five years. These are all myths. There is no legal concept of a common law husband or wife as, in the law, you are either treated as married or unmarried. [related_posts] What happens if my unmarried partner dies without leaving a Will? If your unmarried partner dies without making a Will then their estate will pass under intestacy provisions. These are set out in statute and the intestacy rules say that the deceased’s estate will pass to: The deceased’s child or if there is more than one child the estate will be shared equally between the children (or their descendants). The child or children (or grandchildren) can get their inheritance when they reach the age of eighteen or If the deceased doesn’t have any children or grandchildren then their estate will pass to their parents or if the parents have already passed away to any siblings or, if none, to more distant relatives.   The intestacy rules can be challenged if you were in a cohabiting relationship for at least two years or you were financially dependent on your partner but that means court litigation against your children or your partner’s relatives.   What happens if an unmarried partner makes a Will? A Will sets out who should receive an estate or be left a gift out of the estate. If your partner leaves his or her estate to you as you are in an unmarried relationship then the Will makes things a lot less complicated and far less stressful. Instead of having to make a court claim you are entitled to the estate or gift. The legacy can only be challenged if another person successfully brings a claim against the estate, for example, saying that your partner did not have capacity to make the Will at the time that the Will was executed by them because of a dementia diagnosis.   Will solicitors say that if you are in an unmarried relationship it is best to have a conversation with your partner so that you both know where you stand and to make Wills so that you and your family are protected in case your unmarried relationship is brought to an end by the death of your partner. Our Manchester and Cheshire Will solicitors Evolve Family Law specialise in family law and private client law advice. For advice about a new Will or changing your existing Will call us or complete our online enquiry form. Evolve Family Law have offices located in Whitefield, North Manchester and Holmes Chapel, Cheshire but our private client and Will solicitors are experienced in working remotely and are offer meetings by telephone appointment or video call.

As Manchester and Cheshire divorce solicitors we are asked ‘how can I divorce a narcissist?’ and the equally valid question ‘can I divorce a narcissist?’. When you are married to a narcissist it can feel as if there isn’t a way out of the relationship. There is always a way out and, in this blog, we look at your best options if you want to divorce a narcissist. Can I Divorce a Narcissist? When you are married to a narcissist and subject to constant belittlement it can be hard to contemplate feeling empowered enough to start divorce proceedings, especially if you are told by your husband, wife or civil partner that you can't leave and you can't get divorced.   Often the question isn’t about whether you have the grounds to start divorce proceedings against a narcissist but whether their threats that you will ‘walk away with nothing’ or ‘you won't see the children again’ are realistic. As divorce solicitors we find that many people who are married to spouses with narcissistic personality disorders wait a long time before taking legal advice because  their partners have told them that divorce proceedings will result in them losing custody of their children or not having enough money to look after themselves and the children. That is very rarely true but it is hard to believe that your divorce solicitor is right when the person you are married to is so adamant in their beliefs.   The first steps in divorcing a narcissist are: Recognising the problem – that is harder than you may think if you have been subject to demeaning comments for years and lost a lot of your confidence Get help – that can be from your GP, a counsellor, friend or family member – it is important to have emotional and practical help if you are getting divorced and especially if you are divorcing a narcissist Take legal advice – a specialist divorce solicitor can help reassure you about your legal rights and give you an idea of the likely financial settlement and child care arrangements so that you have the confidence to decide whether you want to start divorce proceedings Focus on what is important to you – if you have been living with a narcissist it is hard to gather the confidence and determination to start divorce proceedings. That’s why it is important to focus on why you are doing it. For example, your motivation may be not wanting your children to be affected by your partner’s narcissistic personality disorder or you not wanting to be in the same position in ten or more years’ time. Remember, that it is what is important to you that’s the crucial point. That means you should not substitute the views of friends or family for the control imposed on you by your narcissistic partner as you need to look at what’s best for you.   [related_posts] How to divorce a narcissist   If you are married to someone with a narcissistic personality disorder it can be a worry about whether to mention the full extent of your partner’s behaviour to your divorce solicitor. If you don’t live with a narcissist then someone’s reluctance to open up about their partner’s narcissistic personality traits can be surprising. However, a reluctance to be fully open with your divorce solicitor can be down to: Embarrassment Fear that you won't be believed Worry that you will be thought to be the one with the ‘problem’ Concern that your partner will react badly if they think that you have said things about them Thinking that it is pointless to say anything about your partner’s behaviour as it won't make any difference.   All of those are very valid reasons why you may be concerned about talking about narcissistic personality disorder traits, such as: Your partner’s belief that they are brilliant and exceptional and, of course, always in the right Your partner’s belief that you are in the wrong and worthless in comparison to them so your views and feelings don’t count Extreme reactions if you or anyone else questions your partner’s sense of self-importance or entitlement.   A narcissist is a challenge for anyone who lives with them as well as for divorce solicitors and the family court. That’s why it is important that you instruct a divorce solicitor with experience of dealing with those with narcissistic personality disorders and that you tell your divorce solicitor about the extent of the issues you’ve faced so they can help you.   You may not think that it matters whether or not your divorce solicitor knows about your partner’s narcissistic personality disorder traits but it is important. Examples of why it’s important are: If you have children then your partner’s narcissistic personality may be affecting the children and even influencing how they treat you as they are so used to seeing you belittled by your partner. That may influence your solicitor’s advice on the best child care arrangements to suit you and your circumstances and to reduce ongoing emotional harm to your children If your partner is a narcissistic person then family mediation is unlikely to be a sensible option to try to resolve financial or child care matters as your partner won't listen to anyone’s views other than their own so you’d be better using either family arbitration or court proceedings to reach an enforceable decision If your partner exerts coercive and controlling behaviour then you may want to minimise future financial links with them. This could, for example, involve agreeing a clean break financial settlement rather than ongoing spousal maintenance so you get more capital rather than having to rely on your former partner paying regular spousal maintenance payments to you If your partner is abusive you may need the protection of an injunction order or a child arrangement order to best protect you and the children. How can Evolve Family Law help me? At Evolve Family Law our divorce solicitors will be very honest with you and tell you that they know, from experience, that starting divorce proceedings against someone with a narcissistic personality disorder is hard. You’ll therefore need all the help and expert support you can get. A narcissistic person needs to feel that they are in control and the winner. That may mean you have to start financial court proceedings to get financial disclosure from your partner  and get a fair financial court order or mean you need a child arrangement order to restrict their contact with the children or an injunction order to stop the coercion and domestic abuse. Our specialist divorce solicitors are not only experienced in securing these types of orders but are also adept at finding a way through divorce proceedings involving a partner with narcissistic personality traits. Our Manchester and Cheshire Divorce Solicitors For specialist divorce, children law and financial settlement advice speak to the divorce experts at Evolve Family Law or contact us online here. We are available for all your family law needs and for representation in court proceedings and also offer appointments by phone and video call.

How you cope with a divorce is one of those questions that no-one, whether they’re a specialist divorce solicitor or a friend or relative who has been through their own divorce or relationship breakdown, can fully answer. That’s because only you know how you can best cope with your divorce. In this blog we look at some of the things that have helped others to cope with divorce and may be helpful. Coping With Divorce We all cope with life’s challenges in different ways, whether it is redundancy, bereavement or facing a major illness. Divorce is in many ways similar as you and your family are experiencing loss. That’s the case whether or not you are the one who wants to initiate the divorce proceedings and file for divorce or if you feel completely taken aback and ambushed by your husband or wife's decision to separate. [related_posts] Coping with divorce isn’t easy especially when people say that you haven’t been married long and therefore assume that you shouldn’t be upset by your divorce or when friends make comments such as ‘’there are other fish in the sea’’.  Most people want to deflect attention from themselves when asked ‘’how are you?’’ but one way of coping with a divorce is to give an honest answer. There are lots of other things that you can do to cope with divorce, such as: Take some legal advice - often people are not just worried about their divorce but the risk that the children will move to live with their husband or wife and they won't see the children on a daily basis or how they will manage financially after the divorce. Often the big question is ‘’will I get to stay in the family home’’. The sooner you get some answers to those questions the better you will feel as then you will have an idea of what the future holds for you rather than worrying without knowing your divorce rights Tell your divorce solicitor how you feel - divorce solicitors aren’t counsellors but they can put you in touch with individual or family therapists who will be able to help you. Also, if you feel strongly about something, whether it is keeping your business or your pension or being able to see your children on your birthday, then tell your solicitor as once they know what is important to you then they can act on that Don’t listen to too many people- when you are getting divorced it can feel as if everyone is an expert, from your mother and best friend who both think that you shouldn’t get divorced to your work colleague and circle of friends and aunt who not only are encouraging you to get divorced and to take your husband or wife ‘’to the cleaners’’ but are also telling you that you will get to keep the family home, the family business and your pension. That’s normally because they say they did or they know a friend of a friend who did. Everyone’s financial and personal circumstances are different and it is easy to get overwhelmed by too much well-meaning advice Don’t rush or delay - telling you to not rush but don’t delay may sound a bit perverse but from a divorce solicitor’s perspective you should not rush into divorce proceedings until you have had chance to think things through. Equally though, it can be harmful to you to delay making decisions because you will remain in limbo. That’s why it is important to strike the right balance and not feel rushed or pressurised into making decisions but on the other hand not allow things to drift so you remain in a situation that isn’t good for you Tell your divorce solicitor if you have questions or don’t understand - whether you don’t understand the divorce process, the meaning and terms of a child arrangements order or the implications of a financial court order and pension sharing order on your future pension contributions then tell your divorce solicitor. Many people are embarrassed to ask questions and that just leads to more anxiety. A divorce solicitor wants to help you cope with your divorce and therefore wants to answer your questions. Everyone has different questions so don’t be afraid to ask yours Think about yourself - when you are getting divorced all your attention may be focused on how your children are coping with the news of the separation or how your husband or wife has reacted to the news that you believe that the marriage has broken down or how your mother will come to terms with your divorce. Whilst thinking of others is important it is also necessary to think about yourself so you don’t reach a financial settlement based on the fact that the children want you to stay in the family home when they are already at university and you hate the house or agree a financial court order that gives your husband or wife a large financial settlement because you feel guilty about the separation and haven’t thought through the long term consequences for you, for example, in terms of your ability to buy a decent house or to fund your retirement.   Coping with divorce can be made easier with the right help and support and that can be provided through a combination of friends and family as well as professionals such as therapists, your doctor or divorce solicitor. The best help to cope with your divorce can't be packaged as we are all different but one of the most important ways to cope with your divorce is to take time out, away from the pressures of home and work life and children, to think about what help you need, whether it is practical, emotional or legal. Our 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, 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 located in Whitefield, North Manchester and Holmes Chapel, Cheshire but we also offer remote meetings by appointment by video call or telephone.

As specialist divorce and family law solicitors we are regularly asked by divorcing couples if they can skip mediation and go straight to court. It is understandable why some people think that mediation might slow the court process down, but in some situations, mediation can avoid the need for expensive or protracted family court litigation. In this blog we look at the circumstances where you can skip mediation and go straight to court. When Can You Skip Mediation to Resolve Family Law Issues? Family lawyers say there are some situations where you and your ex-husband or ex-wife or separated partner don’t have to go to mediation before you can start court proceedings. Examples include: Where the situation is a children law emergency – such as where you fear that the child will be taken overseas unless you secure a prohibited steps order to prevent child abduction Where the situation is a potential financial emergency – such as where an estranged husband or wife is selling or transferring assets and you need the protection of a court order to stop them from disposing of assets to defeat your financial claims Where there are domestic violence issues and you need the protection of an injunction order or it isn’t considered safe for you to engage in mediation.   There are other situations where family mediation can be skipped and you can start court proceedings without first attempting family mediation but family solicitors would question if that is necessarily a good idea.   What is family mediation? Many spouses or separating couples want to skip mediation as they see it as a hurdle to overcome before a court will make a decision. However, lots of people don’t appreciate just how long it can take to secure a court order or how complex the process is. A specialist family law solicitor should explain all options to you so that you can make informed choices.   Family mediation is a voluntary form of non-court-based dispute resolution. The family mediator is an impartial third party who helps you reach a resolution to family issues such as child care arrangements or your financial settlement. The mediator should ensure that you both listen to one another even though you may not agree with what the other has to say. The job of the mediator to help you find a solution that works and is acceptable to both of you. Normally family mediation takes place with a family mediator sitting in a room with both of you and the mediator uses their skills to help you reach your own agreement, rather than have an order imposed on you by a family court judge.   If that type of family mediation doesn’t appeal to you then either shuttle mediation or solicitor involved mediation can take place. In shuttle mediation you and your partner do not meet in the same room and instead the mediator shuttles between rooms to help you reach an agreement. In solicitor involved mediation each of you can have your solicitor involved in the mediation sessions as well as providing legal support outside the mediation sessions. [related_posts] Why use family mediation to resolve your family law problems? Although you may want to skip mediation it is best to take some legal advice before starting court proceedings as not all family law solicitors recommend the use of court proceedings to resolve every type of family law issue, whether it is sorting out who gets to keep the family home, how pensions are shared or the child care arrangements for the children.   You may have a preconceived view about mediation because it didn’t work for your friends or a family member going through a divorce or because you are worried that the mediator will side with your ex-partner or that you will be bullied into reaching an agreement. Talking to a family solicitor about your concerns about mediation can help and in addition you can: Make sure that you get the right legal support during mediation so that you know your legal rights and the potential likely outcomes of any court proceedings Get your family solicitor to help choose a mediator with the particular skills you need to try to make mediation work for you If you are worried about being in the same room as your partner looking at the option of shuttle mediation.   What are the alternatives to family mediation? If you don’t want to use family mediation or family mediation doesn’t work for you then there are other alternatives to court proceedings, such as: Solicitor negotiations Round table meetings Collaborative law Family arbitration.   A specialist family law solicitor will talk you through the various options with the focus being to use a resolution method that gives you the best outcome for you and your family. In some situations, court proceedings are the only realistic option to reach a resolution. For example, where a former husband or wife is refusing to give financial disclosure so a reasonable financial settlement can't be reached in the absence of information that the court can order is disclosed as part of the court financial disclosure process. An experienced family law solicitor won’t have a fixed view about the best method for you to reach a financial or child care resolution but instead will listen to your concerns and questions and help you work out the best option for you. They may say that skipping family mediation isn’t in your best interests as it could be the cheapest and quickest way of your reaching a resolution and that with mediation support from a specialist family lawyer you won’t feel as if you were bullied into a resolution that hasn’t been reality tested or that doesn’t meet your needs as you felt you weren’t able to express them during mediation. Our Manchester and Cheshire Family Solicitors Evolve Family Law specialise in separation, divorce , financial settlements and children law matters. For help with your family law needs call us or complete our online enquiry form. Evolve Family Law offices are located in Whitefield, North Manchester and Holmes Chapel, Cheshire but our family law solicitors are experienced in working remotely and are offering meetings by telephone appointment or video call.