Family Law Articles & Advice

Is family arbitration the best option to reach a financial agreement? If you are going through a separation or divorce during the latest COVID-19 lockdown you will undoubtedly be worried about how you will reach a financial agreement with your ex-husband, ex-wife or former partner.  You may also be concerned about rising infection rates and your safety in physically attending a financial court hearing. Alternatively, you may be worried about delays in achieving a court date because of the impact of COVID-19 on the family court system. In this blog we look at whether family arbitration is the best option to reach a financial agreement if you are splitting up in lockdown. What is family arbitration? Many couples who are in the process of splitting up have not heard about family arbitration. That's because couples tend to reach a financial agreement through solicitor negotiations, financial court proceedings or family mediation or a combination of the three options.   In family arbitration you and your partner jointly appoint a family arbitrator. The job of the arbitrator is to make a financial settlement decision. That decision will be final and binding on both of you.   A family arbitrator is therefore like a private judge of the family court as both have the authority to decide on what is a fair financial settlement and make a binding decision.   What decisions can a family arbitrator make? A family arbitrator can be asked to decide a financial settlement or a property disputes or some children issues arising from either a married or an un-married family relationship.   What are the advantages of family arbitration during the COVID-19 lockdown? The advantages of family arbitration apply generally, whether the UK is in lockdown or not. However, the global pandemic emphasises some of the real benefits of family arbitration such as: You can arrange an arbitration hearing in a place that is convenient to both of you and even online if you prefer. You may feel more comfortable in attending the venue for an arbitration meeting instead of going to a family court for a financial settlement hearing When choosing a family arbitrator, you can check their availability and timescale to hold a family arbitration hearing. If you start financial settlement court proceedings, you don’t get that luxury as you just have to accept court and judge availability and that can be impacted by COVID-19 The use of family arbitration can be more discreet and confidential than traditional court proceedings One family arbitrator will make all decisions, so you won’t experience having as series of court hearings with different family judges You and your partner can adapt the family arbitration process to suit your circumstances so, for example, you could agree that you don’t need a directions hearing or that you want the family arbitrator to have a specific type of family bundle of papers and documents to help make their decision, whereas family court rules on paperwork in financial settlement proceedings are far more prescriptive.   Is family arbitration suitable for everyone splitting up in lockdown? In some situations, family arbitration isn’t suitable. For example, if you need an injunction order to stop your husband or wife from selling off or transferring assets to try and defeat and thwart your financial settlement claims.   Alternatively, family arbitration may not be suitable if you need third party disclosure, for example, from a trust fund or a relative, and they won’t provide disclosure or cooperate in the family arbitration process.   Will a financial settlement be different if family arbitration is used rather than financial court proceedings? Whether you use financial court proceedings or family arbitration to reach a financial settlement the family court judge or family arbitrator will exercise their discretion when determining what financial court order or arbitration award to make.   When a family law judge or family arbitrator exercises their discretion, they do so using the factors set out in the Matrimonial Causes Act 1973. This means that the financial court order or family arbitration award should be within the same range or band of reasonable orders whether court proceedings or family arbitration is used by you to reach a financial resolution. [related_posts] What is the arbitration process? If you decide that you want to use family arbitration to reach a financial settlement it is important that both you and your spouse or partner understand the arbitration process.   The arbitration process is as follows: An application form is completed. The form is referred to as an ARB-1 The family arbitrator’s fees are agreed. Whilst you will need to pay a family arbitrator the family arbitration process may nonetheless be cheaper than traditional court proceedings because you may be able to conclude the arbitration process more efficiently and without the need for as many hearings There is a family arbitration directions hearing. This type of hearing looks at preliminary matters. If a husband and wife agree that this type of hearing is not necessary, then this can be avoided. Alternatively, the preliminary issues could be dealt with by solicitors and the family arbitrator by email. Family arbitration gives more flexibility than a financial court order application over the financial settlement process There is an arbitration hearing. The hearing could take place online because of concerns about rising infection rates and COVID-19 or could be facilitated at a solicitor’s office or at a neutral venue, such as the offices of the family arbitrator. In some cases, a husband and wife may agree that the family arbitrator should make their decision solely based upon reading the paperwork supplied. After either reading the documentation or listening to the husband, wife or partner the family arbitrator will make a decision, called an award. This is a binding decision The court will be asked to make a financial court order in accordance with the terms of the family arbitration award. A formal order is normally needed in a financial family arbitration to implement the family arbitration award. There is a fast track court procedure available to quickly convert an award into a court order.   If you want more information about family arbitration and how it may help you and your partner reach a financial settlement during the COVID-19 imposed lockdown then it's best to speak to specialist divorce and financial settlement solicitors about arbitration and your options. Our Manchester and Cheshire divorce solicitors The friendly team of specialist divorce solicitors at Evolve Family Law can provide legal help with your separation and divorce proceedings, as well as your financial settlement. For all your family and private client law needs call Evolve Family Law 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.

When I am leaving the office after a busy day as a Manchester family lawyer I sometimes ponder where the day went as it doesn’t seem five minutes since I was opening the office up as part of my morning routine. That’s when my thoughts turned to answering a popular internet search question ‘what do family lawyers do?’ What is family law? To understand what a family lawyer does you need to know what family law entails. Most people assume that being a Manchester family lawyer is all about drafting divorce proceedings but that certainly isn’t the case as that is only one very small aspect of working life in family law.   Family law is something that you will probably come across in your life. That’s not a negative as many aspects of family law are a positive experience for families, such as: Buying your first house and asking a family lawyer to prepare a cohabitation agreement Getting engaged to marry and signing a prenuptial agreement so both you and your fiancé have peace of mind Having your first child through adoption or surrogacy and asking the family lawyer to secure an adoption order or parental order for your family.   Even something that can be a very negative and a traumatic life experience can end up with a positive outcome with the help of a family solicitor. For example: Separating from a partner and with the help of a family solicitor either agreeing a parenting plan for your child or securing a child arrangements order so that you and your child can enjoy an ongoing relationship with one another Getting the help you need to leave an abusive relationship with a controlling or violent partner through obtaining a non-molestation or occupation injunction order thus enabling you to make a fresh start and put a bad relationship behind you Going through the heartache of your child being taken abroad by the child’s other parent and through use of child abduction and children law proceedings securing the return of your child to the UK Separating from a husband or wife and not knowing where you stand financially and how you will achieve financial independence. Through financial disclosure gaining a better understanding of the family finances and securing a financial court order so that you can move into a new family home Meeting a new partner after a separation or divorce and asking your family lawyer to prepare a cohabitation agreement or a prenuptial agreement so that you can enter your new relationship confident that you have the right paperwork in place to protect you and your family.   These are just some of the things that family lawyers do. Family lawyers do tend to get a bad press on the basis that it is thought that they encourage warring parents and divorcing couples to go to court but that isn’t the case. There are many alternatives to making an application to court, such as: Solicitor negotiations with any financial agreement being converted into a separation agreement or an agreed financial consent order (without the need for anyone to go to court) Family mediation support so that if you are able to reach an agreement in family mediation your Memorandum of Understanding is converted into an agreed financial consent order with no need to physically go to a court hearing to secure the court order Family arbitration – this can be quicker and more flexible than traditional court proceedings. [related_posts] However, there will also be some family situations where urgent court applications are necessary. For example: If you are in an abusive relationship and you need the protection of an injunction order You are worried that your child is at risk of child abduction or will be taken abroad to live without your agreement You are concerned that your husband or wife is not giving financial disclosure of the family assets or is selling or transferring assets and that if you do nothing you won't receive a fair financial settlement. In that scenario a financial court application needs to be made to protect yours and your children’s best interests.   One thing that is certainly true is that no one day is ever the same in the life of a family lawyer; Monday could involve negotiating and drafting an international prenuptial agreement whilst Tuesday might be spent in court securing an injunction, financial or children law order. As for Wednesday, who knows? ​ Our Manchester and Cheshire Family Lawyers To speak to Robin Charrot at Evolve Family Law about any aspect of family law,  from separation and divorce proceedings, reaching a financial settlement or resolving child custody and contact  call Evolve Family Law or complete our online enquiry form. Our offices are located in Whitefield, North Manchester and Holmes Chapel, Cheshire but remote meetings by appointment by video call or telephone are also offered.

Child custody and contact is a tricky topic whatever the legal status of the parents of a child. For example, the parents could be unmarried and have never lived together, be a former cohabiting couple, married or divorced or in a civil partnership. In this blog we look at who has custody of a child when the parents aren’t married. Who has custody of a child? UK children law doesn’t give a parent custody of their child automatically by virtue of being a parent, whether you are an unmarried or married parent. However, if custody is in dispute, either parent can apply to court for a child arrangements order.   A child arrangements order is a bit like the old custody and contact orders as a child arrangements order sets out the person the child should live with and the contact arrangements with the other parent or other extended family members.   A child arrangements order can be very flexible and can say that there should be equal or shared parenting or, at the other extreme, the court order can say that one parent should have no contact or only indirect or supervised contact with the child.   When making a child arrangements order the court will make an order that the family law judge thinks is in your child’s best interests. The judge will consider arrange of factors when making his or her decision. These factors are known as ‘the welfare checklist’. The checklist includes looking at your child’s wishes and feelings in light of your child’s age and understanding as well as assessing how capable each parent is of meeting your child’s physical and emotional needs.   When considering the welfare checklist and what specific child arrangements order to make the court won't consider the legal status of the parent’s relationship as a very relevant factor in the decision making process. That is because the test for what child arrangements order to make, and who should get custody, is based on what is in your child’s best interests rather than the status of the parent’s relationship.   In today’s age, family judges are of the view that whether you are a married mother or father or unmarried the issue for the court to determine is what custody and contact order best meets a child’s needs. A mother and father may have been in an unmarried relationship for many years and whilst you may think that in that scenario the mother will have more ‘’rights’’ over their child a judge will make a child arrangements order, setting out the custody and contact, that he or she thinks will meet the needs of the child. For example, if the father is a loving father who has always enjoyed a close relationship with the child a shared care order may be appropriate. On the other hand, if one parent has either been physically or emotionally abusive towards the child then this would be a reason to give custody of the child to the other parent and to stop or limit the contact to the other parent. [related_posts] When it comes to children law the court looks at things from the perspective of what is best for the child and in the child’s interests. That consideration does not pay a lot of heed to whether you are married or unmarried or in a civil partnership but instead focusses on your child and their characteristics and needs. Accordingly, in the court’s eyes, it is far more important that a parent wants and is able to commit to a long term relationship with their child after a parental separation than the legal status of the parental relationship.   If you are a parent engaged in a custody or contact dispute then children law solicitors will recommend that you don’t focus on the status of your relationship with the other parent and instead focus on your child’s needs and best interests. That way the court is far more likely to be persuaded to make the type of child arrangements order that you are seeking. How can Evolve Family Law help? At Evolve Family Law we recognise that every family is different and we therefore welcome calls to discuss how we can help your family, whether it is an application for a parental responsibility order or a child arrangements order or to discuss the potential legal costs of going to court for a child custody order. Call us or complete our online enquiry form . We can also set up a video conference, skype or telephone appointment so you can speak to an experienced Cheshire children law solicitor from anywhere in the world.

If you aren’t a Cheshire Will solicitor you may not know where to start with making your Will. In this blog we look at how to make a Will, something that we should all do to protect our loved ones.   It is easy to keep putting off making a Will because you have too much to do or you aren’t sure what to put in your Will but a Will is something that we should all have. Covid-19 has emphasised the need to make a Will although some people believe it isn’t possible to make a Will if you can't see a solicitor because of lockdown or the Covid-19 tier system. Most private client solicitors are working remotely so if you do want a Will writing for you then coronavirus shouldn’t put you off as your Will instructions can be taken over the phone or by skype to ensure that you have an up to date Will that reflects your wishes.   Covid-19 - can I still make a Will? Nowadays Covid-19 comes into most conversations and it is no different when private client Will solicitors are asked questions about making a Will. Many people assume that if they are shielding or social distancing that they’ll have to wait to make or change their Will but that certainly isn’t the case. If you are not comfortable with an office appointment then the Will solicitors at Evolve Family Law can arrange either a telephone or video appointment, whatever suits you best.   During any remote appointment our Will solicitors take the same care and pay the same attention to detail to make sure that you understand your Will options and ensure that your Will leaves your estate to your loved ones.   You may also be concerned about how your Will can be completed if you are trying to maintain social distancing or comply with government regulations. We can talk you through how your Will can be executed, including the option of having your Will witnessed remotely. That’s because the government has authorised the remote witnessing of Wills on a temporary basis and provided safeguards are met.   What do I need to make a Will? You don’t need anything to take the first step of making a Will as a Will solicitor can either talk you through the information they need to prepare the Will for you or alternatively, if you prefer, they can send you a Will questionnaire for you to complete.   The main things that a Will solicitor needs to know in order to advise you on your Will and prepare it for you are: Roughly how much is your estate worth - you don’t need to get anything valued as all your Will solicitor needs is a very approximate ball park figure so they know if inheritance tax will be relevant to your estate Whether all of your assets are in the UK - if you own property overseas then you may need another Will to cover your overseas based property Whether any of your assets are jointly owned - if you own property jointly, for example, with a wife, husband or civil partner, then your share in the property may pass outside of your Will unless you sever the joint tenancy Whether you have any dependants - a dependant could be a former husband or wife who is receiving spousal maintenance from you, a child receiving child support, an adult child who is financially reliant on you or your cohabitee or partner. Whilst you can leave your estate to who you want as there is no legal requirement to leave all or a share of your estate to your dependants or family members, a Will solicitor can advise you on the prospects of a dependant trying to contest your Will and how to reduce the risk that your Will might be contested Whether you have any children or planned beneficiaries under the age of eighteen - if you do then you may want to consider the appointment of testamentary guardians in your Will for your children. You will also need to consider leaving money in trust for your children or minor beneficiaries The planned executors of your Will and beneficiaries- if you haven’t made any final decisions about your choice of executors (the people named in your Will as responsible for administering and distributing your estate) then don’t worry as your Will solicitor can discuss your options, including the appointment of family members, your solicitor or another professional as executor. When it comes to beneficiaries your Will solicitor can talk you through your options and make sure that your Will is as ‘future proofed’ as possible so that if ,for example, you want to leave all your estate to your husband or wife or a share of your estate to an older sibling there are ‘substitution gifts’ in your Will. That means that if your spouse predeceases you their legacy is shared, for example, between your children or in the case of your sibling between your nephews and nieces. Alternatively the gift can fall back into your estate and form part of the legacy to your residuary beneficiary or beneficiaries. [related_posts] When to make a Will Will solicitors say that it is never too early to make a Will or, if you have an existing Will, it is equally important to make sure that the Will is up to date and still reflects your wishes.   At any important life event you should consider making or changing your Will. Life events include: Buying your first house – whether on your own or jointly with a partner When you get engaged to marry or enter a civil partnership When you sign a prenuptial agreement When you have children or adopt If you separate or divorce from a husband, wife or partner If you form a new relationship or remarry If you suffer ill health On retirement If you receive a legacy or inheritance.   There are many other scenarios when you should consider making or changing your Will, such as the death of a beneficiary or an executor to your Will. Making a Will can be a very positive experience for you because: It makes you feel that you have taken steps to protect family members and loved ones You can say who you would like to administer your estate through the appointment of executors of your Will You can safeguard young children with the appointment of a testamentary guardian You can use your Will and estate planning to minimise your estate’s liability to inheritance tax.   How to make a Will The easiest way to make a Will or to change an existing Will is to speak to an experienced private client and Will solicitor. They can look at your goals and objectives and work out how best to achieve them. This may include: Lifetime gifting Inheritance tax planning Lifetime trusts Trusts created in your Will and the flexibility and guidance issued to your trustees with discretionary trusts The structure of legacies and the disposal of your residuary estate Contingency legacies so, for example, a grandchild or children, will receive a legacy instead of their parent if their parent sadly passes away before you do so. Carefully drafted contingency legacies means that your Will doesn’t have to keep being rewritten on the birth of a new grandchild How to try and ensure that the Will isn’t challenged or contested by a dependant leading to litigation against your estate. This can be achieved by carefully assessing what, if any, dependency claims can be brought against your estate and how to minimise the risk of a successful claim.   How long does it take to make a Will? The role of a private client and Will solicitor is to make the Will process as simple for you as possible. It is possible to make a Will in a matter of hours but you may, depending on your family circumstances, want to reflect on private client and Will advice before finalising your Will.   Your Will isn’t effective until it is executed. That involves your signing your Will witnessed by two witnesses. As a result of the Covid-19 pandemic the government has temporarily relaxed the rules on witnessing Wills and now allows for a Will to be remotely witnessed to ensure that you can still execute a Will whether or not you are in a Covid-19 related lockdown.   The best way to make a Will is to take the step of picking up the phone and speaking to a friendly and approachable private client and Will solicitor about your options so that you can achieve a well drafted Will that protects your family and gives you peace of mind. We are Cheshire private client and Will solicitors For assistance making or changing your Will or estate planning call Chris Strogen at Evolve Family Law or complete our online enquiry form. Evolve Family Law has offices in Holmes Chapel, Cheshire and Whitefield, Manchester but an appointment at the office isn’t needed to make a Will as Evolve Family Law offers remote meetings by either telephone or video call appointment.

It can be very difficult to know where to start if you are thinking about ending a marriage or separating from your partner. In this article we answer some of your frequently asked questions on how to start a separation. How do I separate? You may think the answer to the question ‘’how do I separate?’’ is self-evident - you leave or you pack your partner’s bags and make them leave the family home. However, family solicitors will tell you that both life and family law are more complicated than that. One of the difficulties with answering the question ‘’how do I separate?’’ is that every person’s personal and financial circumstances are different. It is therefore essential that you get family law legal advice that is tailored to you. Here are just a few examples of why that is best to get legal advice on your circumstances: You may be in an unmarried relationship and renting a property - if you leave the property because your partner refuses to go then you may remain liable for the rent if the tenancy agreement was taken out in your name If you are from overseas and in the UK on a family visa (such as a spouse visa or a fiance visa) your separation may affect your immigration status so it is important to clarify that before you separate If you plan to return home overseas with your children then you may need your spouse or partner’s written agreement or a children court order before you can take your children out of the UK. Without that agreement or court order you could be accused of child abduction under UK children law and international family law. You could be forced to return the children back to the UK so it is best to take legal advice on child relocation law if you plan to take your children abroad after your separation If you leave the family home then your husband or wife may have no incentive to reach a financial settlement with you because they are in the house and won't want to either sell it or pay you your share of the equity in the family home. If your partner refuses to leave and you are in an abusive relationship then you may have the grounds to apply for an injunction order to make your partner leave the property until you or the court makes long term decisions about whether the property should be sold or whether one of you should live in it If you are in an unmarried relationship and the property is owned in the sole name of your partner you may think that you have no legal rights and have no option but to leave. However you may have an equitable interest in the property. In addition, if you have young children you may be able to bring a housing claim (called a schedule 1 Children Act application by family lawyers) for the provision of a house for the children If you leave the family home and the mortgage is in your joint names you remain jointly and severally liable to pay the mortgage. If the mortgage isn’t paid then this will affect the credit rating of you and your partner and it may impact on your ability to get another mortgage. It is best to reach an agreement on the mortgage payments if you are leaving the family home and will have the added expense of renting a property You want to stay at the family home with the children but your partner says they won't help out financially so you are the one who thinks that they have to leave. In your circumstances, you may be able to ask the Child Maintenance Service to award you child support and, if you are married, you may also be able to apply to court for spousal maintenance. [related_posts] Starting a separation Whatever your personal or financial circumstances starting a separation is never an easy decision. Alternatively a separation may have been foisted on you by the decision or behaviour of your partner. If you are the one who is taking the decision to separate it is best to talk to a friend or family member or therapist to help you make the right decision for you. Family law legal advice will make sure that you know your legal options and the best choices for you and your family when it comes to the decision of whether you should be the one to leave the family home and the timing of your separation. Manchester and Cheshire Family Law Solicitors Evolve Family Law advises on separation, divorce proceedings, financial arrangements on separation, long term financial settlements, child custody and contact and private client matters (Wills and powers of attorney).   For legal assistance with your family and private client law needs call Evolve Family Law or complete our online enquiry form. The Evolve Family Law offices are located in Whitefield, North Manchester and Holmes Chapel, Cheshire but the family law solicitors and Will lawyers also offer remote meetings by telephone or video call appointment.

There are no right or wrong answers to what you should or should not do during a separation as your personal and financial circumstances are individual to you, but in this article we give some general guidance about what it’s best not to do during a separation. Why Are You Separating? The question ‘why are you separating?’ is relevant to what you should or should not do during your separation. That’s because if your separation is a trial separation it’s important not to take any steps that mean it is less likely that you will get back together, such as: Refusing to agree contact arrangements with the children or not attending the family home for agreed contact with the children    Not turning up to pre-arranged Relate or counselling sessions or telling your partner that they are a waste of time before you give the sessions a chance Saying that you won't go to individual counselling sessions, for example, to address anger management issues  Taking all the money out of a joint account without your partner’s agreement or advance knowledge Refusing to pay towards household bills or child support (despite your being in a financial position to do so) because you think that if your husband or wife finds it hard to manage financially without you then the family are more likely to get back together Imposing an unrealistic timetable on the trial separation, for example, saying that your partner has to decide if you are going to get back together or not within two weeks Following your partner or sending numerous text or social media messages so they end up feeling overwhelmed by you  Contacting your partner’s family or friends to try to get them to influence your husband, wife or partner to reconcile with you.   If your partner wants a trial separation it is easy to feel angry about their decision if the news that the relationship is in trouble came as a complete surprise to you and to let your feelings sabotage the trial separation.   Many couples who are going through a trial separation think that they should not take specialist legal advice to look at their options but taking legal advice can be a sensible thing to do because then you will know if you or your spouse have the grounds to start divorce proceedings and the likely financial settlement and child care arrangements. That information may influence your thought process. Importantly, your discussion with a divorce solicitor is completely confidential to you and the fact that you have consulted a divorce solicitor does not have to be disclosed to your husband or wife. They too may have taken family law advice but also taken the decision to say nothing about taking legal advice until you decide on whether you are going to be able to reconcile or not.   If you are desperate to make the trial separation work and to reconcile with your husband or wife it can be tempting to ignore warning bells. You should not do that but instead you should take legal advice. Warning bells include: Your husband or wife taking large amounts out of savings or investment accounts Your husband or wife looking to take out loans against the family home – this is especially concerning if the family home is registered in their sole name. This can be prevented if you register a notice with the land registry Your husband or wife asks you to leave the family home part way through the trial separation or it becomes apparent that they are planning to sell the family home – even if the family home is owned in their sole name there are steps that you can take to protect yourself Your husband or wife selling assets or transferring property, such as shares in a family business, to a family member Your husband or wife asking you to sign a postnuptial agreement  Your husband or wife appearing to be making plans to relocate overseas with the children.    Any of these warning bells, or anything else of concern to you, means you should quickly take specialist legal advice rather than trust that the trial separation is a genuine attempt to repair your relationship whilst you both give one another a bit of space.  [related_posts] What should you not do if a separation is permanent?  If you know that your separation is permanent or you tried a trial separation and that hasn’t worked out then it is often assumed that it is ‘no holds barred’ once you know that your separation is permanent. However, divorce solicitors say that approach can be counterproductive and result in it being harder for you to reach an agreement over childcare arrangements or a financial settlement and end up in your spending more in legal fees.   If your separation is permanent then generally you should not: Leave the family home before first taking legal advice – it may be preferable for your partner to leave instead of you or you may be able to get an injunction order requiring them to leave  Reach an agreement on childcare arrangements or a financial settlement without first taking legal advice – that’s because if you agree to something that isn’t in your best interests during direct discussions with your husband or wife it is then far harder to get them to accept a fairer childcare or financial arrangement Stop contact between the children and other parent because you are angry about your husband or wife's behaviour. Contact should only be stopped after legal advice and if there are child care safety or other child related issues Feel rushed into starting divorce proceedings because of pressure from family or friends to do so Start divorce proceedings without either you or your divorce solicitor first informing your husband or wife of your intention to do so. That is because unless the situation is urgent it is normally better to let your partner know about the planned divorce proceedings as that reduces animosity and makes it easier for you to reach a financial settlement or agree on child custody and contact arrangements.     Every separation is different and everyone reacts differently to a separation. That’s why there are no hard and fast rules on what you should or should not do if you separate from a partner or spouse. One of the best things that you can do is ensure that you are not rushed into making decisions and have the information you need to make informed decisions. A divorce solicitor can help you with that whether your separation is a trial separation or a permanent separation.   How can Evolve Family Law help you?    The friendly and approachable divorce solicitors at Evolve Family Law talk to people who don’t know whether they want to separate or not as well as to husbands or wives who are very clear that divorce proceedings are the right path for them. Experienced family solicitors can help provide information on your separation options so that you make the best choices for you and your family. Our Manchester and Cheshire Family and Divorce Solicitors Evolve Family Law provides legal help with separation and divorce proceedings, as well as temporary financial arrangements and long term financial settlements, child custody and contact and private client matters. For legal assistance with your family and private client law needs call Evolve Family Law 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.

A power of attorney authorises nominated members of your family or trusted friends to act on your behalf if you are not capable of making your own decisions because you lack capacity to do so. Many people don’t think that they need a power of attorney but accidents or sudden ill-health can happen to us all so it is sensible to put a power of attorney in place so it is there if you need it. What Is a Health and Welfare Power of Attorney? There are two types of power of attorney and you can chose to have both or just one type, depending on your preferences. The health and welfare power of attorney gives authority to your nominated family or trusted friends (who are referred to as attorneys) to make decisions about your care needs and medical treatment.    Your attorneys are only able to act on the power of attorney if you are not able to express a view on your medical treatment or care needs because you lack capacity. Lacking capacity is something that is assessed by doctors and could occur, for example, if you are in a coma after an accident or have had a severe stroke or are on a ventilator.   What is a property and financial affairs power of attorney?  A property and financial affairs power of attorney authorises your nominated family, friends or professional advisors (who you appointed as your attorneys in the power of attorney document) to manage your property and financial affairs. For example, if you lack capacity to manage your own financial affairs it could be very helpful to have a trusted person ensure that all your household bills or care home fees are paid from your bank account or to arrange the sale of your family home if you need to downsize to a sheltered apartment or are moving to live with a family member.   A property and financial affairs power of attorney can either be set up so that it can only be used if you lose capacity or at any time, depending on your preferences. For example, if you have capacity to make your own decisions but spend a lot of time overseas it can be helpful to have an active property and financial power of attorney so your attorneys can sign paperwork on your behalf.   Who should you appoint as an attorney in a power of attorney? Your choice of attorney may depend on the type of power of attorney you are executing. If the power of attorney is a health and welfare power of attorney you may want to choose close family members or friends who know you well and would know what medical choices you would be likely to make if you had the capacity to make your own health and welfare decisions.   If you are planning to execute both powers of attorney then you can choose different attorneys for each document as you may think that different friends or family members would be better suited to manage your property and financial affairs.    If you decide, at a later date, that you want to change an attorney then you can do so provided that you have the capacity to change the document. That’s why it is important to review your powers of attorney when you are reviewing your Will or your insurance provision to make sure changes don’t need to be made.   How long does a power of attorney last for? A power of attorney is indefinite in length and will last until you cancel it. You can cancel a power of attorney at any stage provided that you have legal capacity to do so. That means that if you execute a power of attorney whilst in your twenties nominating your husband, wife or siblings to be your attorneys then the power of attorney document may never need changing. Obviously if you separate or divorce or one of your attorneys loses capacity or passes away then you can change the power of attorney at that stage. [related_posts] When is a power of attorney used? A power of attorney has to be registered with the Office of the Public Guardian but a health power of attorney won't be used unless you lack the capacity to make your own decisions. Any loss of capacity to make your own decisions could be temporary or permanent, depending on the nature of your condition. A property and financial affairs power of attorney could be set up so it is only used if you lose capacity or so that the power of attorney can be used by your attorneys, depending on your preferences.   Is a power of attorney necessary?  If you lack capacity then a power of attorney makes it a lot easier for your friends and family to help and support you. Sadly, loss of capacity can happen quickly (because of an accident) or slowly (without our realising that we are losing our capacity) and that’s why it is sensible to sign a power of attorney so that you have the power of attorney in place when or if you need it.   If you wait and lose capacity then you can't sign a power of attorney at that stage. In addition your relatives can't sign a power of attorney for you. If you become incapacitated without a power of attorney then your family or friends can make an application to the Court of Protection for a deputy to be appointed to look after your affairs.    The drawback of not executing a power of attorney is that a court application for the appointment of a deputy costs more in legal fees than signing a power of attorney. In addition if you lose capacity your attorneys can immediately help you through the authority given to them in the power of attorney document. If family or friends have to make an application to court for a deputy to be appointed there is likely to be a delay between the Court of Protection application and the appointment of the deputy.    How much does a power of attorney cost?    At Evolve Family Law we believe it is important to be upfront and transparent about legal fees so we publish a price guide on our website under "Our Prices". That way you have the confidence of knowing the price of a power of attorney document before calling our friendly power of attorney solicitors.   Although Evolve Family Law charge a fixed fee for your power of attorney you will get bespoke legal advice from a specialist private client and power of attorney solicitor that looks at your personal situation for a fee that is simple and understandable.  We are Manchester and Cheshire Private Client and Power of Attorney Solicitors For specialist private client advice on your power of attorney or making or changing your Will or estate planning call Chris Strogen at Evolve Family Law or complete our online enquiry form. Evolve Family Law has offices in Holmes Chapel, Cheshire and Whitefield, Manchester but we also offer remote meetings by appointment by video call or telephone.

Did you know that almost forty percent of people questioned admit to keeping money secrets from their partner? That information comes from a survey conducted by the Money & Pensions Service. In this blog we look at keeping money secrets during a separation or divorce. What the Money & Pensions Service Survey Reveals About Us The Money and Pensions Service survey questioned 5,200 people across the country about their financial habits and personal finances. The key findings are: Those in the age range 25-34 are the most secretive age group, with three in five not revealing financial details to loved ones Whilst nearly twenty five percent of those surveyed thought their husband, wife or partner was hiding financial things the reality is that nearly half said that they had hidden things themselves It is most common to hide credit cards and credit card debt – nearly forty percent of those replying to the survey had done so Undisclosed loans are the second most popular thing to hide from family with just over twenty per cent of those surveyed doing so Around twenty percent of those responding to the survey had a secret savings account.   As the Money and Pensions Service acknowledged there are many reasons why someone might hide money or not reveal their financial situation whilst in a relationship, such as: Wanting to build up a safety net of savings that their partner won't spend. That way there is a rainy day savings fund in case of redundancy or a large unforeseen bill, such as replacing the boiler Feeling the need to save money so that there is an escape route from an abusive relationship where the partner secreting the money is afraid that without hidden money if it will be impossible to leave their controlling partner  Hiding credit card debt or loans because you know that your partner will worry about the debts Feelings of embarrassment of having incurred debt, sometimes the debt was incurred before the new relationship and it now feels ‘too late’ to mention it.   The Money and Pensions Service encourages people to talk about their finances as, by doing so, it can make money worries more manageable, especially when you are concerned about other matters such as redundancy or the impact of Covid-19 on the prospects of your getting a 2020 bonus from your employer. [related_posts] Financial secrets and separation and divorce   As Manchester divorce solicitors we have to ask about financial matters so we can give the best advice on financial settlement options. Sometimes people are reluctant to mention undisclosed credit card debts or loans as their husband or wife doesn’t know about them. However, it is important that you do so as those debts may affect your ability to take over the mortgage on the family home or to secure another mortgage to buy a new property.    In cases where there is debt then in financial settlement court proceedings the court rarely wants to undertake a forensic exercise into how the debt was incurred and whether, for example, you should have bought the shoes or motorbike but instead will ask: Is the debt family debt – in other words whilst the debt was hidden from a husband or wife was the loan or credit card money used for the benefit of the family. For example, a credit card was used to clothe the family or to pay for family holidays or a family car What impact does the debt have? The court will want to know if the debt will stop a husband or wife from being able to buy another house or stay in the family home or meet their other needs.   In addition to debt and divorce, when it comes to financial disclosure on separation or divorce there is an obligation to provide what is referred to as full and frank financial disclosure of all your assets. That includes secret bank accounts that your husband or wife doesn’t know anything about or money given to a family member to ‘hold’ for you or cash that you keep.    Failure to provide full and frank financial disclosure may mean you are less likely to reach a financial settlement by agreement as your husband or wife probably won't believe your financial disclosure or a court drawing inferences or making findings against you in a financial settlement court hearing. For example, if your family business generates cash but according to your accounts you receive an income that amounts to less than your essential outgoings (mortgage payments, utility bills or other known expenditure) then the court could make inferences or findings against you.   Therefore, whilst there may be many reasons why you would want to keep things secret during a relationship, when it comes to a separation or divorce there is a court imposed obligation to be both ‘full and frank’ in your financial disclosure. We are Manchester and Cheshire Divorce and Financial Settlement Solicitors Evolve Family Law specialises in family law and divorce and financial settlements. If you have questions and need advice on your divorce and financial settlement options call Evolve Family Lawor complete our online enquiry form. We offer face to face appointments, remote meetings by appointment by video call or telephone.