Family Law Articles & Advice

In this article, our family law solicitors answer your questions on what a mesher order is and explain how the order works. If you are splitting up from your husband or wife and need advice on reaching a divorce financial settlement or need your financial agreement converted into a court order our Northwest family lawyers can help. For expert advice call our team of specialist divorce lawyers or complete our online enquiry form. What is a mesher order?  A mesher order is one way a family judge can deal with a family home when a couple split up. Alternative orders include an order that the family home is sold or transferred into the sole name of the husband or wife. A mesher order is best described as an order for the deferred sale of the family home but family law solicitors call this type of order a ‘mesher’ as the order was first made in a case involving Mr and Mrs Mesher. When the property is sold the financial court order will set out how the equity in the property is to be shared between the former husband and wife. One ex-spouse may get a larger percentage than the other so they can rehouse themselves or an ex-spouse may get less than 50% of the equity because they kept their pension or the family savings at the time of the divorce proceedings.  How does a mesher order work? A mesher or deferred sale order works by delaying the sale of the family home until a specified date or trigger point occurs. Until the trigger point, one former spouse can live in the house to the exclusion of the other, even though both are still legal owners.  Normally a mesher order is made by the court when a couple has children and there is not enough equity in the family home for the property to be sold and the equity to be split so both the husband and wife can afford to buy new properties. A mesher may be necessary if one spouse cannot rehouse themselves because they have no or limited mortgage capacity and housing is a priority for them as they are caring for the children. A mesher order is normally only appropriate where the spouse staying in the family home cannot raise money through a mortgage to rehouse or remortgage to pay off the other spouse’s share of the equity in the family home and the spouse cannot get the mortgage company to agree to transfer the mortgage on the family home from joint names to their sole name. A mesher order maintains property ownership and financial links between a separated couple. Even if no spousal maintenance is payable, they continue to be financially linked through the joint mortgage. The mesher order can say who is responsible for the mortgage payments but if the payer defaults on the mortgage the credit rating of all those named on the mortgage will be affected. What are the trigger points for a mesher order? You can agree on the trigger points with your ex-spouse if you negotiate an agreed financial settlement or the court can decide on the triggers if it makes an order for a deferred sale after a court hearing. Some of the usual trigger points are:   The youngest child finishing their secondary education The re-marriage or cohabitation of the spouse living in the property with the children. Cohabitation is normally defined as living with an unmarried partner for a specified period, such as three or six months The children no longer living with the spouse who has the right to stay in the family home. For example, if the children are older teens and vote with their feet to live elsewhere or if the court makes a child arrangement order    The spouse who occupies the property leaving it. For example, because they decide to move elsewhere  The spouse who occupies the property passes away If you are negotiating a mesher order through solicitor negotiations or family mediation you can ensure that the trigger dates work for your family circumstances. [related_posts] Is a mesher order a good idea? A mesher has good and bad points. The good points are: The spouse living in the property has a secure home for the children and is not at risk of having to keep moving the children between different rental properties   Keeps the mortgage in situations where the mortgage is on favourable terms or neither spouse  would qualify for another mortgage  Means the ex-husband and ex-wife remain on the property ladder and they may both have enough to re-house once one of the triggering events occurs  Some of the negative things about mesher orders are: The spouse in occupation may feel unsettled knowing that they will have to sell the property when a trigger point occurs. This may make them reluctant to invest in improving the property knowing that their ex-partner will get a share of the equity The former spouses are financially linked to one another by having a joint mortgage. If the spouse in occupation does not pay the mortgage this will affect the credit rating of both spouses The spouse not living at the family home may not be able to get another mortgage while their name remains on the joint mortgage on the family home and they will not be able to use their share of the equity in the family home to use as a deposit to rehouse themselves  Family law solicitors emphasise the importance of taking specialist advice before agreeing to a mesher order so you can fully weigh up the advantages and disadvantages of a deferred sale. Applying for a mesher order If you and your former spouse agree that the children should stay in the family home then your family lawyer can draw up an agreed court order for approval by a family court judge. If you can't reach a financial settlement either of you can apply for a financial court order leaving the judge to decide if a mesher order is the most appropriate solution for your circumstances. For expert advice call our team of specialist divorce lawyers or complete our online enquiry form.

Potentially, your ex-wife could claim against your estate. That’s why when you are separating or getting divorced you need joined-up advice from a family lawyer and a Will solicitor. In this article, the estate planning lawyers at Evolve Family Law answer your questions on what happens to your estate if you pass away leaving an ex-wife. For expert advice call our team of specialist divorce and estate planning lawyers or complete our online enquiry form.  Ex-wife's claims against an estate   An ex-wife's claims will depend, to a large extent, on whether you are divorced or not. No-fault divorce proceedings are not finalised until your final order of divorce is pronounced. If you divorced before the divorce law reform you may have received a decree absolute from the court ending your marriage. If you have not completed the divorce process you may still be married at the date of death. Therefore, your estranged wife is your legal next of kin. However, you may have made a new Will when you separated so she is no longer a beneficiary of your estate. Your ex-wife can claim your estate or a share of it even if: Your divorce has been finalised  You have a separation agreement  You have a financial court order  You are not paying your ex-wife spousal maintenance  You have remarried You have children  You have made a Will excluding your former wife  The only circumstances when an ex-wife cannot bring a claim against your estate is when the court has made a clean break financial court order preventing any further monetary claims by her or your ex-wife has remarried. Do you have a clean break financial court order? If you got divorced some years ago you may not be certain if you secured a clean break financial court order. If you are unsure, you should ask one of our specialist family lawyers to review the order for you. They can look at the technical wording and advise you.  If you do not have a financial court order our family lawyers can help you obtain a financial court order to give you peace of mind. Your Will solicitor can then prepare a bespoke Will for you, confident in the knowledge that your ex-wife cannot make a claim or the risks of her doing so are reduced. If you have a financial court order, but it is not a clean break order, our family law solicitors can advise on whether it would be sensible to ask the court to vary the order to make it a clean break order. Their advice will depend on your circumstances and those of your ex-wife. [related_posts] Does making a new Will prevent my ex-wife from making a claim on my estate?  If our Will solicitors make a new Will for you then an ex-wife could still bring a claim against your estate if there is no clean break order in place from the family court. A Will solicitor can advise on the prospects of an ex-wife successfully challenging your Will after your death. There are ways that you can minimise the risks of an estate claim or reduce the amount payable. The law on your ex-wife making a claim on your estate The law on people making a claim against your estate if you die without making a Will (called dying intestate) or die with a valid Will  is contained in the Inheritance (Provision for Family and Dependents) Act 1975. An ex-wife can claim against your estate if the intestacy rules or your Will does not make reasonable financial provision for her. Reasonable financial provision depends on her and your circumstances. For example, your former spouse may rely on your spousal maintenance that ends on your death. Alternatively, your estate may be modest and you may have dependent children from your first and second marriages who need providing for. The 1975 Act says that all the following people could bring a claim against your estate:  Your husband, wife or civil partner – this includes someone who is separated but not divorced from you  A former husband, an ex-wife or a former civil partner if there is no clean break order in place and if your ex-spouse or civil partner has not remarried A child or someone treated as a child by you   Someone who was living with you for 2 years before your death  Anyone who immediately before your death was financially dependent on you. For example, an unmarried partner    Worst case scenario, a current cohabitee, your children and an ex-wife could all be disputing who gets your estate. This level of conflict could be stopped or reduced with a Will prepared by a specialist estate planning solicitor. For expert advice call our team of specialist divorce and estate planning lawyers or complete our online enquiry form.

Our family law solicitors are asked if it is possible to divorce your wife and keep everything. In this blog, we explain your options if you want to keep all the assets after your separation. For expert advice call our team of specialist divorce lawyers or complete our online enquiry form. Can a husband divorce his wife and keep everything?  It is technically possible for a husband to divorce his wife and keep everything but most divorce solicitors will tell you that it is an unlikely outcome in financial settlement negotiations or financial court proceedings unless your circumstances are unusual. If you are a husband your best bet to keep all your assets after a separation or divorce is to sign a prenuptial agreement before your marriage or a postnuptial agreement after your marriage. Even if a wife has signed a prenuptial or postnuptial agreement the document is not legally binding on a spouse under English law. The agreement will carry weight provided both husband and wife took independent legal advice on the contents of the agreement and there was no coercion to sign the document and completion of the paperwork only took place after husband and wife disclosed their assets. If these safeguards were not put in place the court may disregard the terms of the prenuptial or postnuptial agreement. Even if you ticked all these safeguarding boxes, the court may conclude that if the wife gets nothing, as you are keeping everything, the outcome is unfair because the wife’s needs are not being met. The court may therefore disregard the terms of the agreement. A prenuptial agreement solicitor will normally recommend that your prenuptial agreement or postnuptial agreement does not allow you to keep everything as it is better to have an agreement that works and therefore one that gives your wife a modest financial settlement that meets her financial needs rather than sign a prenup that says you will get to keep everything if you divorce but the prenup then doesn’t work in practice if you split up from your wife. [related_posts] If my wife agrees that I will keep everything, can I get a financial court order? The court can be asked to make an agreed financial consent order. The agreed order is lodged by your divorce solicitor after your conditional order of divorce has been pronounced. The order must be accompanied by a standard court form (called a statement of financial information) summarising the details of your marriage and your personal and financial circumstances. If this prescribed form is not completed the court will not approve your financial court order. If, for any reason, the figures provided in the form are wrong (for example you say your company shares in a family business are worth £10,000 rather than a more realistic 1 million) your wife will be able to reopen her financial claim at a later date because of inaccurate financial disclosure that led to the financial court order being made. Your ex-wife could ask the court to make another financial court order giving her a reasonable share of the assets. Therefore, inaccurately valuing assets on the form does not give you the financial security you need. If the shares in your family business continue to increase in value, then by the date of your wife's further financial settlement application, your company shares could be worth 10 million.  Providing inaccurate information in the court paperwork could cost you a lot of money if your ex-wife is advised to reopen her financial claims. If you complete the prescribed form to accompany your application for an agreed financial court order and include accurate asset figures, and the document shows you will be keeping everything and your wife will be getting nothing, the judge may refuse to make the agreed order. The judge may ask questions in an email or letter to your divorce solicitors or may invite you and your wife and your family lawyers to a court hearing so the judge can understand the rationale behind the making of the financial court order.  You may think that the answer to keeping everything lies in making a deal with your wife that she doesn’t get anything but neither of you ask the court to make a financial court order. However, you then run the risk of your ex-wife deciding to apply for a financial court order at a later date and asking for money or property or a share of your pension. This could work against you if your property or other assets have gone up in value from the date you agreed with your wife that she would walk away with nothing whilst you keep everything. What should you do if you want to keep everything after your divorce?  If you want to leave your wife with nothing the best option is to talk to a family law solicitor about whether you can achieve this and how to do so. Your family lawyer may tell you that it will be an uphill task and that you may be better off focussing on a lowball offer that meets your wife's reasonable needs but is pitched at a level where you can get a clean break financial court order from the family court.  A clean break court order means your wife can't come back later on and ask for more spousal maintenance or a share of your pension or equity in your house. That’s why it’s crucial to secure a court order to give you future financial security so you can plan for your future and not have concerns that your wife years later could come back and ask for money because she had nothing at the time of your separation. For expert advice call our team of specialist divorce lawyers or complete our online enquiry form.  

People are asking our estate planning solicitors about the UK rules on gifting money to family members as it is widely reported that the new Labour government may change the inheritance tax rules in the October 2024 budget. In this article, our estate planning lawyers and family solicitors outline the thought process that should go into gifting money to family members. For expert family law and estate planning advice call our team or complete our online enquiry form.  Why gift money to your family members? In 2020-21, the latest year for which data is available, families received over £2 bn of cash gifts from their loved ones. There are many reasons why money is given to family members, such as: You have more than you think you need  You don’t want your estate to pay inheritance tax or you want to reduce the IHT bill Your family needs a helping hand and could do with all or part of their inheritance now rather than waiting to inherit under your Will  All these reasons need to be aligned and work together. For example: You don’t want to maximise your inheritance tax savings but leave yourself short because you don’t have enough to live on or to meet unexpected expenditure  You don’t want your gift to a family member to end up being shared with their husband or wife as they have decided to separate or divorce  That’s why it is essential to carefully think through what you are planning to do and why and to get the timing of your gift right. That’s just as important as understanding the UK rules on gifting money to family members. How much money can you give family members? You can gift any amount of money to your family or friends during your lifetime but there are rules on whether the money will be notionally added back into your estate when you die and when your estate’s inheritance tax liability is calculated. If you gift money or assets and inheritance tax is payable on the gift when you die then the liability for the IHT may end up with the recipient of the gift – not your estate. The inheritance tax rules say that the estate pays the inheritance tax on gifts unless the deceased gave away more than £325,000 in gifts in the 7 years before their death. Once that limit has been reached the person receiving the gift pays the tax if the deceased dies within 7 years of the gift. The IHT rules can have unanticipated consequences. That’s why it is important to understand the UK rules on lifetime gifting and how they could impact your decision-making and your relatives. [related_posts] Inheritance tax rules and family gifting Not all estates are liable to pay IHT so it is important to understand your estate’s potential IHT liability before you start estate planning. If your estate is likely to have to pay inheritance tax you can currently give money or assets to the family as a tax-efficient way to give money to your children, grandchildren, other family members or friends. Gifts given less than 7 years before your death could still be subject to IHT depending on: Who you made the gift to The amount given  The date of the gift For example, if you give any amount of money or property to your husband, wife or civil partner during your life then those gifts are IHT-exempt provided your spouse or civil partner lives in the UK. For example, you can give money away that will be IHT free provided you stick to rules on the amount. Under the annual exemption rule, you can give away a total of £3,000 of money or gifts each tax year without the £3,000 being taxable when you pass away.  In addition to the £3,000 annual exemption, there is a small gift allowance of £250 per person or a gift allowance for weddings and civil partnerships. The wedding gift allowance is:  £5,000 to a child £2,500 to a grandchild or great-grandchild £1,000 to any other person There are rules on what allowances can be combined in one tax year so it is best to take legal advice.   If you make regular payments to help a family member with their living costs these can be IHT exempt provided they are normal expenditures out of income and you can: Afford the payments after meeting your usual living costs Make the gifts out of your regular monthly income rather than savings Other gifts to family members might fall within IHT liability but the recipient may benefit from IHT reliefs using the 7-year rule. The 7-year rule No IHT is payable on any gifts you give if you live for 7 years after giving them as part of the 7-year rule. If you die within 7 years of giving a gift and the gift does not fall within another IHT allowance then the amount of IHT payable at the date of your death depends on when you gave the gift. Gifts given in the 3 years before your death are taxed at the IHT tax rate of 40%. Gifts given 3 to 7 years before your death are taxed if your estate is over the threshold to pay IHT. The IHT rates taper: Time in years between gift and death Rate of inheritance tax   3 to 4 years 32% 4 to 5 years 24% 5 to 6 years 16% 6 to 7 years 8% 7 or more 0%   The IHT rules mean it's important to keep a record of gifts made, the amount or value. Why gift money to your family isn’t just about inheritance tax  Inheritance tax mitigation is not normally the main driver for gifting money to family. For example, you may want to give your family money because: They are on an NHS waiting list and you want them to have private treatment  They can't afford to buy a home and are finding it impossible to find an affordable rental property  Grandchildren are in private education and their parents can no longer afford the school fees because of cost-of-living pressures and the VAT hike Your child is getting divorced and they can't afford to buy a decent house with the money they are getting in their divorce financial settlement  There are other reasons why you may want to gift money to your family but whatever the reasons it is essential to get comprehensive estate planning and family law advice. Protecting your wealth  Protecting your wealth isn’t just about sensible IHT planning. It also involves input from a family law solicitor to make sure that your loved one is protected by a suitable relationship agreement such as a cohabitation agreement, prenuptial agreement or postnuptial agreement. Our team of specialist estate planning and family agreement solicitors can provide you with the comprehensive estate planning and family relationship agreement advice needed to safeguard your family.  For expert family law and estate planning advice call our team or complete our online enquiry form. 

Cohabitation rights are in the news as many family law solicitors expected the new Labour government to include a Bill on cohabitation rights in the King’s speech. There was no announcement although in its manifesto the Labour party pledged to reform cohabitation law with rights for unmarried partners. Although law reform may be on the cards in future King’s speeches cohabitees will have to wait for change. That’s why in this blog our family law solicitors are looking at the current laws on cohabitation and your options if you are in an unmarried relationship. For expert family law advice call our team or complete our online enquiry form.  What are your rights as an unmarried partner?     Your cohabitation rights as an unmarried partner depend on whether you have children under the age of 18 who are dependent on you. If you don’t have children your cohabitation rights are linked to property and trust laws. If you do have children your rights also include the ability to apply for financial orders under the Children Act 1989 and for child support from the Child Maintenance Service. Property and trust rights Property and trust rights can apply to the family home, investment property, a second home or other assets. The property can be owned jointly with your partner, owned by your unmarried partner or by you in your sole name. The easiest way to sort out a property claim is where there is a jointly owned property and the couple has given thought to whether they own the property as joint tenants or as tenants in common and have signed a deed of trust or cohabitation agreement saying how the equity will be split if they separate. The hardest cohabitation rights cases to resolve are where the family home is owned by one partner and the other says they have a beneficial interest in the property relying on property or trust law because they did not sign a cohabitation agreement when they moved into the property or when the property was bought in the sole name of their partner. In property and trust cases the partner claiming a share of the family home needs to show that they have a beneficial interest in the property through promises made by their partner or financial or ‘money’s worth’ contributions. For example, the partner could have paid the mortgage or used an inheritance to pay for an extension to the property or done DIY and put in a new kitchen and bathroom. In some cases, the owning partner accepts that their unmarried partner has a beneficial or non-legal interest in the family home but they cannot agree on the amount the non-owning partner should be paid to ‘buy off’ their interest or what percentage of the equity they should get when the property is put up for sale when a couple split up. If an agreement cannot be reached through solicitor negotiation or family mediation the court must resolve the cohabitation dispute using property and trust law principles. [related_posts] Resolving cohabitation disputes   It can be hard for couples to resolve unmarried partner disputes for several reasons, including: The legal owner of the property does not accept that someone can claim a share of their property as the non-owning partner is not on the title deeds One unmarried partner does not accept that their share of the equity in the family home won't be worked out using principles of fairness and needs. If you are married the court has wide discretion under the Matrimonial Causes Act 1973 to make a financial court order based on both parties' needs rather than analysing property and trust law. The family court must adopt the opposite approach in a cohabitation dispute over a family home A cohabitation property dispute often involves looking at historical paperwork to see how much of the mortgage was paid by the claimant or in working out the cost of the extension when many of the trades were paid in cash or invoices have been mislaid One partner may think that they have acquired cohabitation rights as a common law husband or wife because of the length of their relationship. In English law, there is no concept of common law cohabitation rights     Family law solicitors always recommend a cohabitation agreement so there is less scope for a dispute over cohabitation rights and no need to go to court if you split up from your unmarried partner. Cohabitation rights if there are dependent children   If there are dependent children in an unmarried relationship then you may have parenting arrangement disputes as well as financial disputes. Parenting arrangement disputes include: Disputes over which parent the children should live with after the separation  Contact arrangements Applications for child arrangement orders to sort out residence and contact issues Disputes over the exercise of parental responsibility, such as religious observances or choice of school International family issues, such as one parent wanting to move overseas with the children and the other parent objecting to the move abroad Financial disputes include: If child support should be paid and the amount. If care is shared neither parent receives child support even if one parent earns more than the other. If child support cannot be agreed an application normally needs to be made to the Child Maintenance Service. The Child Maintenance Service assessment amount will depend on the average overnight stays the children have with the parent they don’t live with    Top-up child support through a court order. This is only relevant where the parent paying child support is a high-earner  School fee orders to pay for private school fees. The court can order one parent to pay all the fees or a proportion of them Requests for lump sum orders to meet the needs of dependent children. For example, if the child is musical and needs a musical instrument  Requests for housing for children whilst the children are still at school or university. If the court orders housing to be provided the property does not belong to the child or the parent living in the property with the child. A Schedule 1 Children Act order means the child and parent can live in the property until the child reaches a specified age and the other partner then gets to sell the property or do what they want with it Cohabitation rights and the death of a partner If an unmarried partner passes away then their cohabitee is not their legal next of kin. Their children will be or the situation will be more complex if the deceased partner also had children from a prior relationship or is survived by parents or siblings. Anyone in a cohabiting relationship should have a Lasting Power of Attorney in case they lose the capacity to make their own decisions. They also need a Will to protect their partner. Without a Will, the cohabitee could make a claim under intestacy rules but the process is stressful at a time of bereavement and might involve an estate dispute with step-children or with the cohabitee’s parents or siblings. You should not assume that a cohabitee will automatically get the family home as this only applies if the property was jointly owned as joint tenants rather than as tenants in common.  The complexities of cohabitation rights and the death of a partner can be resolved with a bespoke Will and a review of your financial and personal circumstances to check that any pension or insurance nominations are up to date. Next steps  If you are in a cohabiting relationship you need to speak to a family solicitor about a cohabitation agreement. You can sign one even if you have already bought a property and are living together. You also need to think about Wills and Lasting Powers of Attorney. If you are separating from a partner and you are not married it is vital to talk to a family law solicitor about your rights as an unmarried partner so your interests can be protected. For expert family law advice call our team for an appointment or complete our online enquiry form. 

Do you need help with your divorce or in sorting out a financial settlement or child residence and contact arrangements for your children? In an ideal world, you would reach an agreement with your ex but that may not be possible if they are being unreasonable. Our family law solicitors offer some tips on how to handle an unreasonable ex in a divorce. For expert advice call our team of specialist divorce lawyers or complete our online enquiry form.  Divorce proceedings and unreasonable behaviour  You used to have to say that an ex had behaved unreasonably to help you secure a divorce. That is no longer necessary as the government has introduced no-fault divorce proceedings so all you now need to say is that your marriage has broken down irretrievably without needing to explain why.  Although you no longer need to prove unreasonable behaviour to get a divorce the issue of an ex behaving unreasonably is still highly relevant. [related_posts] Is your ex behaving unreasonably? It is worth asking yourself if your ex is behaving unreasonably as sometimes you can lose perspective. That may be because you have been subject to so much emotional abuse during your relationship that you think that your ex’s behaviour is normal rather than coercive and controlling. Alternatively, you may want to stay in the family home and can't see your ex’s point of view that if you don’t sell the property and split the equity, they won't be able to afford anywhere to live or their argument that it would therefore be reasonable for you to downsize. A family law solicitor can help you look at whether your ex’s behaviour is acceptable or not. If your ex has a reasonable case to put forward then there should be some prospect of your being able to reach a parenting agreement or financial settlement through solicitor negotiation or family mediation. Saying what behaviour is unreasonable or not is always difficult as so much depends on context. A spouse leaving the family home and disappearing without explanation and not sorting out child contact seems unreasonable but may be wholly justified if the spouse is fleeing domestic violence and needs to get themselves and the children to a place of safety and secure an injunction order before they can even consider if contact can be managed safely. Examples of unreasonable behaviour by an ex Our family law solicitors come across many examples of unreasonable behaviour when assisting with divorce, children law or financial settlement negotiations or proceedings, such as: Complete refusal to provide financial disclosure so your only option is to start financial proceedings and get orders for financial disclosure because you can't reach a fair financial settlement unless you know the extent of your ex’s assets and income An ex-partner transferring assets to their parents or siblings to try and keep the assets out of the financial settlement  Refusing to agree to any contact with the children without any good grounds to stop or restrict contact and when the children are keen to see you with your ex knowing that it will take you a while to get a child arrangement order  Refusing to return the acknowledgement form in no-fault divorce proceedings – you can still get divorced but it takes a bit longer After the court has made an order for the sale of the family home refusing to agree to viewings or being unwilling to listen to advice from the estate agent about the sale price. You can still get the family home sold but you may need to apply back to court for another order to implement the sale and to ask the court to order that your ex pays the extra costs associated with that hearing Tips on dealing with an unreasonable ex during your divorce The first advice on dealing with an unreasonable ex is to privately acknowledge to yourself that your ex’s unreasonable behaviour just confirms that separation and divorce are the right options for you.  Our other tips are: Take advice and don’t accept unreasonable behaviour by your ex as ‘just your ex’ and how they behave Get your family law solicitor to write to your ex and explain the consequences of their behaviour. For example, transferring assets to third parties will result in a freezing injunction order application and you asking the court to order that your ex pays the costs of the injunction application and make adverse inferences in the financial settlement proceedings about his actions and financial nondisclosure   Make sure you get the support you need. That could be from family, friends or a counsellor   Take a long-term view on dealing with your ex as their game plan may be to behave so badly that you are deterred from applying for a child arrangement order as you think it will be pointless or to make you think that you may as well accept the financial settlement they are offering as the ex is being so difficult about financial disclosure  Think about your children- if you cannot battle on for yourself then we recommend that you do so for your children as they will be the ones affected by the parenting arrangements or by an unfair financial settlement that means you can't support them in the way you should have been able to do so    At some point, you will either need to reach an agreement or secure a court order but your ex’s unreasonable behaviour should not dictate the agreement or orders made. For expert advice call our team of specialist divorce lawyers or complete our online enquiry form. 

Getting divorced with neurodiversity or divorcing a spouse with neurodiversity brings special challenges. With one in seven people in the UK diagnosed as being neurodiverse, neurodiversity is something that our family law solicitors have experience in when helping couples get divorced and when reaching financial settlements and parenting arrangements. For expert advice call our team of specialist divorce lawyers or complete our online enquiry form.  Is neurodiversity relevant to your divorce? Nowadays couples in England can get a no-fault divorce. There is no need to blame your husband or wife for the marriage breakdown and certainly no need to list examples of your spouse’s unreasonable behaviour in the divorce application.  Although no-fault divorce proceedings try to take the conflict out of the divorce process, divorce is still a stressful and emotional experience for anyone going through it. Some quickie online divorce websites will minimise that aspect of the divorce by telling you that a no-fault divorce means you don’t need to go to a court hearing to get your final order of divorce. That’s true but it is also equally true that divorce can be a very hurtful experience, whether you are neurodiverse or not. If the reason you are splitting up is down to your neurodiversity, or your partners, it is worth looking at whether couple or individual counselling would help you. Individual counselling can help a neurodiverse person but it can help their partner learn to come to terms with their spouse’s diagnosis and how neurodiversity affects them or how to find coping strategies. If you decide that you want to go ahead with your separation and divorce then a spouse’s neurodiversity may also have an impact on any financial settlement negotiations or parenting arrangements. That’s why it is best to be upfront with your family law solicitor and tell them about the diagnosis of neurodiversity and how it affects family life. Without that information, your family law solicitor may not understand why negotiations are not working or why you are not prepared to agree to a financial settlement or proposed parenting arrangement. How does neurodiversity affect family law negotiations and proceedings? Neurodiversity is a wide-ranging concept covering conditions such as ADHD, being on the autistic spectrum, dyslexia or having OCD.  All these conditions affect people differently.  For example, a parent with OCD may have a cleaning compulsion that was effectively managed whilst the family lived together in order to reduce the impact on the children but the other parent is now concerned about the neurodiverse parent having overnight contact and the child becoming increasingly involved in the parent’s cleaning rituals. The concern of the non-neurodiverse parent may be shared by the neurodiverse parent but their separation has led to a breakdown in communication or a willingness to find a solution that allows both parents to enjoy spending time with their child.   For example, a wife with ADHD may be anxious about going to family mediation as she thinks that she will be overwhelmed by the length of the session and unable to cope. For example, a husband may be embarrassed to mention his severe dyslexia meaning his family law solicitors don’t realise that he is struggling to digest all the paperwork they have sent him to review or why he is so worried about his ability to get another job following a redundancy. Does the family court take neurodiversity into account? If it is relevant, the court will take neurodiversity into account in either child arrangement order applications or in financial settlement court proceedings.  Take the example of a parent with OCD. If their cleaning compulsion extends to cleaning their hands with bleach then there could be a concern about the parent’s ability to care for their child during contact, especially if the parent’s hand cleaning compulsion extends to the child. That doesn’t mean that the court will say that there should be no contact but they will look at ways that the relationship between parent and child can thrive whilst keeping the child safe from any accidental physical or emotional harm. In financial settlement proceedings, a spouse’s ADHD may need to be considered when deciding on the appropriate financial court order to make. For example, the diagnosis of ADHD and how the condition affects the husband or wife may affect their earnings capacity and the need for a spousal maintenance order. The court can consider the impact of ADHD on the one spouse because the court makes financial court orders after assessing several criteria, including the needs of both parties to the marriage, their health and respective earnings capacities. Next steps If you want to find out more about how our family law solicitors can support you through your separation and divorce, we offer a fixed fee initial consultation. In this first meeting, we can discuss the legal and practical aspects of your separation and assess the best way forward for you. For expert advice call our team of specialist divorce lawyers or complete our online enquiry form. 

Family arbitration is just one of several ways you can resolve a family law dispute without making a court application to get a family law judge to decide the disputed issue. At Evolve Family Law we are receiving more inquiries about family arbitration. That’s because of a change in court rules that places more emphasis on spouses or separating partners using a non-court dispute resolution option before starting a court application for a financial settlement or child arrangement order. For expert advice call our team of specialist divorce lawyers or complete our online enquiry form.  What is family arbitration? The best way to describe family arbitration is that it is like using a private judge as the arbitrator is paid by you to resolve your family law dispute. The funding is normally joint but it does not have to be if one of you does not have the funds to pay. The arbitrator is chosen by your family law solicitors from a list of qualified arbitrators. The choice of arbitrator will depend on their specialism and location. For example, if you have a complex asset base and family business and require an arbitrator who not only is an expert in divorce financial settlements but also understands how companies work. Once your family arbitrator is chosen and agrees to act as arbitrator you will be asked to sign an arbitration agreement so you and your spouse or partner understand the rules of arbitration.  The arbitration then goes ahead with preliminary matters resolved, such as the evidence and reports the arbitrator requires. An arbitration date for the final decision is then arranged and after reading the evidence and hearing from you and your ex-partner the arbitrator will make a binding decision. In a financial claim, the arbitration decision is called an award. In a child-related dispute, the arbitrator’s decision is called a determination. One arbitrator can make both types of decisions if you are not able to reach an agreement on residence or contact or on how your assets are split. [related_posts] Is family arbitration more expensive than making an application to court? Family arbitration can be cheaper than making an application to court even though you are paying an arbitrator and you do not have to pay a family law judge for their time (although you do have to pay court fees if you make an application to the family court). Why is it cheaper if you are paying for the arbitrator? There are 2 reasons: The arbitration process – the family arbitration process can be adapted to your circumstances so it can be more flexible than court applications. This means you may need fewer arbitration hearings than if you made an application to court so you spend less on legal fees  Speed – in the family court system there are significant family court backlogs meaning you have to wait longer for a decision. The delay can cost you if you are waiting for a financial settlement decision on whether the family home should be sold or a pension sharing order made Why you need to consider family arbitration You need to consider family arbitration and the other non-court based dispute resolution options because of a change in the Family Procedure Rules. In April 2024 the rules changed to move the emphasis on just using family mediation to resolve your family law dispute before making an application to the court to consider all potential dispute resolution options. In most family court applications, the new Family Procedure Rules require you to sign a statement of truth to explain what non-court dispute resolution options you have tried before applying to court and to explain why if you have not done so.  Our family law solicitors will advise you if your first option should be court because there are situations where an urgent court application is the only advisable route. For example, if you need a child arrangement order and prohibited steps order as you fear child abduction by your ex-spouse or if you need an injunction to stop your spouse from selling assets to defeat your financial settlement claims.  The new rules allow a family law judge to adjourn your family law application to try non-court dispute resolution even if you do not ask for the adjournment. In NA V LA [2024] EWFC 113, a family judge ordered an adjournment of a financial application for the couple to use non-court dispute resolution. The judge concluded it would be of emotional and financial benefit to the couple as well as to their children to reach an agreement outside of court. The judge stayed the proceedings for dispute resolution to go ahead. Talk to Evolve Family Law about family arbitration Our family law solicitors can help you work out whether family arbitration is a good route for your family to resolve your family law dispute so you can move on with your life. We will discuss your alternative options, such as: Using our One Lawyer Amicable Divorce Service Collaborative law  Family mediation  If you decide that you would like to use family arbitration, we can help you with: The choice of arbitrator Representation during the arbitration process Implementation of the arbitration decision For expert advice call our team of specialist divorce lawyers or complete our online enquiry form.