Family Law Articles & Advice

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.

Cheshire children law solicitors are often asked ‘how long does it take to get a child arrangements order?’ It is an understandable question as any parent is naturally anxious about starting children law court proceedings and wants to have a good idea about the likely timescales for getting a child arrangements order as well as the cost and prospects of success. In this blog children law solicitor Louise Halford looks at how long it takes to get a child arrangements order. What is a child arrangements order? Not everyone knows what a UK child arrangements order is. That’s because unlike the old child custody orders the name isn’t particularly clear but child custody and child access orders were relabelled as child residence and child contact orders and the latest renaming is the ‘child arrangements order’.   A child arrangements order can combine both custody and contact as the order can say where the child lives (there could be a primary carer or a shared carer arrangement) and with whom the child should have contact with. The contact could be regular overnight contact, mid-week contact, holiday contact or even indirect contact.   Does a court automatically make a child arrangements order if parent’s separate or divorce? UK children law says that the court should not make a child arrangements order unless the order is necessary because there is a dispute between separated parents that they can't resolve by agreement or family mediation. If parents can't agree on the appropriate and best childcare arrangements for their child after a separation or divorce either parent, whether you are an unmarried or married parent, can apply to the family court for a child arrangements order. [related_posts] How long does it take to get a child arrangements order? It is difficult to answer the question ‘how long does it take to get a child arrangements order?’ as much depends on the family circumstances. Experienced children law solicitors have been known to secure an urgent child arrangements order in a matter of hours. For example, if a parent is worried that the other parent is under the influence of drink or drugs and it is unsafe to return a young child to them but the parent won't accept that or get help or agree to the child staying with the other parent until they are capable of looking after the child again.   When the court is asked to make an urgent child arrangements order it will normally last for a short period of time until the court can assess what long term child arrangements order is in the child’s long term best interests.   In other child arrangements order applications it can take months to secure a child arrangements order. For example, if one parent says that a child won't see the other parent or that the parent has emotionally or physically abused the child the court may want to carry out detailed investigations and order reports before making a decision on contact and what child arrangements order is best for the child. That sort of extended timescale can be very frustrating for a parent, especially where false allegations have been made against them or they fear parental alienation is taking place. The court proceedings can take a long time to determine as the family judge may want to hold a series of interim court hearings (for example, a finding of fact hearing to determine if the parent’s allegations of abuse are true) or to order an independent assessment by a CAFCASS officer or a report by a child psychologist.   If you can't reach an agreement on the arrangements for your child then it is best to speak to an experienced children law solicitor on the likely timescale to get a child arrangements order as they will listen to why you need a child arrangements order and your concerns, discuss any complexities, and then be able to give you a realistic timescale for the court proceedings and the prospects of the court making interim child arrangements orders until the final hearing of the court application. Our Manchester and Cheshire Children Law Solicitors At North Manchester and Cheshire based Evolve Family Law we recognise that not being able to agree on child care arrangements and applying for a child arrangements order can be a stressful experience. For pragmatic specialist children law help from friendly and approachable children law solicitors call Evolve Family Law to discuss how we can help you with your child arrangements order application 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 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.

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.