Family Law Articles & Advice

As divorce and family law solicitors based in Holmes Chapel, Cheshire and Whitefield, North Manchester, the latest research from the Legal Services Board was of particular interest to the Evolve Family Law divorce team. At Evolve Family Law we have long thought that ‘‘North is best’’ and the official research seems to agree with us. In this blog we look at the latest Legal Services Board research findings and what they mean for those of you needing divorce, family law or private client help. Divorce and family law fees Research published by the UK Legal Services Board on the cost of divorce and Wills has confirmed what many Manchester and Cheshire solicitors thought, namely that legal advice is generally twenty percent cheaper in the north of England compared to legal fees in the south of England. The official research has revealed that divorce firms based in London are on average a third more expensive than those based outside London.   Manchester divorce solicitors say that the Legal Services Board research has confirmed that there really is a north-south divide when it comes to legal fees. Some may question the quality of what you get ‘’up north’’ or think that the mantra that ‘’you get what you pay for’’ must be right but the Legal Services Board research does not indicate that there is any difference in the quality of the family law legal advice that you receive depending on the location or postcode of your divorce and family law solicitor.   Divorce and fixed fees It is always hard to judge if you are getting value for money with a fixed fee divorce or family law or Will package. However, the Legal Services Board research reveals that divorce law firms who offer fixed prices are on average over a third cheaper than those law firms where estimates of costs are given.   At Evolve Family Law we are committed to transparency on costs and providing as much information online about our fixed fees and pricing. Our cost guide can be accessed here. We also welcome calls to discuss potential legal fees. [related_posts] Should I shop around for a divorce solicitor? The Legal Services Board advises that those with a legal problem shop around and check out potential legal fees. According to the LSB only a fifth of those needing legal advice currently look around and check out fees before committing to instructing a solicitor.   The chair of the Legal Services Board, Dr Helen Phillips has stated: ‘‘Whether buying a home, getting divorced, or making a will, we encourage people to shop around to find a good value deal that meets their needs. Unless they shop around, people risk paying far more than they need to. Where people don’t feel they need to deal with a lawyer face to face, they could make considerable savings by using providers in parts of the country where prices are cheaper.’’   The legal advice price research was commissioned jointly by the Legal Services Board, the Competition and Markets Authority and the Ministry of Justice. The research involved interviewing 1,500 legal businesses in England and Wales and included a spread of legal firms across different types of legal provider and in different locations across the country.   Is a good divorce solicitor all about price? At Evolve Family Law, whilst we believe in transparency on legal costs and fixed fees, we also recognise that choosing a divorce solicitor or a Will or probate solicitor isn’t just about the legal fees. You need to be able to feel confident that your solicitor will listen to you and will offer you the guidance you need so you can make informed choices, whether that is about a child arrangements order application for your children or a divorce financial settlement.   Evolve Family Law recommend that in addition to looking at online information about price structures that you speak to a solicitor to make sure that you can form a trusting relationship and work together. Don’t worry about distances as divorce, Will and probate solicitors offer appointments by video conferencing, Skype or by telephone appointment. Most family law clients say that speaking to their chosen divorce solicitor in the comfort of their home is more relaxing, and according to the latest Legal Services Board research, it could also result in you achieving considerable savings in legal fees. How can Evolve Family Law solicitors help you? For legal help with any aspect of family or private client law, from divorce and separation advice to child arrangements order applications or representation in financial settlement and  financial court order proceedings, negotiating a prenuptial agreement or the preparation of your Will or Lasting Power of Attorney call Evolve Family Law or complete our online enquiry form to set up a meeting, video conference or telephone appointment.

The Sunday Times recently ran a piece on ‘emotional labour’ and here at Evolve Family Law that sparked a debate about what emotional labour is and to what extent it plays a part in UK divorce proceedings. If you aren’t sure what emotional labour is and how it could affect your divorce proceedings then read on.​ What is Emotional Labour? Apparently the term ’emotional labour’ first began to be used back in 1983 to describe repressed feelings and emotions at work. Whilst we may not have head of the term we have all bitten back a sharp comment or retort to a work colleague at one point or other, knowing that a sarcastic reply won't help with the need to work together. Fast forward to 2020, and the term emotional labour is now being used in the home environment. I am sure all of you will have suppressed your first thoughts and replies when asked about whether you want the bins taken out, the dishwasher emptied or what time the meal will be ready for as your other half has plans for the evening (that don’t include you).   Emotional labour isn’t just about suppressing your first response to your partner when asked if you want the dishwasher emptied when there are no clean cups or plates in the cupboard and you have just come off a ten hour shift with your other half and the children looking expectantly for their evening meal. It is also about all the other things in a relationship that can quietly drive you crazy as you feel obliged to hide your true feelings for the sake of your partner’s feelings and/or the children’s feelings. Examples include: Having to have the mother in law to Sunday dinner each week when she clearly can't stand you and never reciprocates with an invitation back Always having to select the children’s birthday presents but not say anything when the children assume that the present was chosen jointly Taking sole responsibility for taking the children to rugby practice when you can't stand sport or the biting wind, and would also much prefer a Sunday lie in (like your partner) having worked hard all week and not being the parent who’d encouraged the child to try for a place in the rugby team in the first place.   Do any of those examples ring true in your relationship? Our Manchester divorce solicitors say that it is often only when the decision to separate has been made that either a husband or wife will realise and acknowledge that they are doing the work of two people in the relationship. [related_posts] Does Emotional Labour Lead to Divorce Proceedings? Whilst you don’t currently hear husband or wife's saying that they are getting divorced because of ‘emotional labour’, it is undoubtedly the case that emotional labour is behind some marriage breakdowns and the commencement of divorce proceedings based on the unreasonable behaviour of either a husband or wife.   Can anything be done to stop emotional labour and the breakdown of a marriage? Divorce lawyers are positive that in the right scenario there is help available such as: Family or couple therapy to discuss how you feel and the need for change Individual therapy to help you accept your husband or wife's behaviour and the fact that they aren’t likely to change Professional help to ease the load on one partner in the relationship, whether that is a housekeeper, cleaner or au-pair.   If you can't stop the emotional labour (and can't live with it) then it may prompt divorce proceedings. The divorce proceedings could be based on your partner’s unreasonable behaviour as, in 2020, it is clear that a relationship needs to be if not an equal division of work and home labour then at least a fair one so one partner doesn’t feel they are hard done by and has to suppress emotional labour as that isn’t healthy for the individual and will eventually lead to the start of divorce proceedings unless the problem can be acknowledged and change occurs.   At Evolve Family Law we are grateful to the Sunday Times for giving a name to ‘emotional labour’, something that we are all aware of and with an understanding of just how pernicious the problem can be when you are caught up in a long standing relationship where one partner’s feelings and emotions just don’t count. Online and Manchester and Cheshire Divorce Solicitors Manchester and Cheshire based Evolve Family Law solicitors specialise in family law and divorce proceedings. If you need legal help with family law, from divorce to your financial settlement or childcare arrangements, call Evolve Family Law or complete our online enquiry form to set up a meeting, video conference or telephone appointment.

If you’d asked a Will solicitor back in late 2019 if there would be changes made to the 1837 Will Act most experienced Will lawyers would have said no. However, Covid-19 is bringing about changes to how Wills are witnessed with some saying that it’s taken a global pandemic to change a law made in the 1800’s. With news of local Covid-19 lockdowns being imposed in Greater Manchester and parts of Lancashire and fears that the localised government Covid-19 related constraints will be extended into Cheshire the changes are broadly welcomed by Cheshire Will solicitors. Cheshire online Will solicitors If you need help making a Will or changing your current Will then the Holmes Chapel based Wills and estate planning team at Evolve Family Law can help you.  Call us or complete our online enquiry form and we can set up a telephone appointment, face to face appointment, video conference, or Skype call for you. ​ Witnessing a Will A Will has to be witnessed in accordance with the law. If the Will isn’t witnessed properly then the Will may be contested. If the Will is found by the court to be invalid as it wasn’t witnessed properly then your estate could pass under the provisions of an earlier valid Will or pass under intestacy rules. That means that your family, loved ones or nominated charity may not end up with a share of your estate. That’s why Will solicitors say it is essential that Wills are executed and witnessed properly.   Under the 1837 Wills Act a Will has to be witnessed by: Two witnesses The witnesses shouldn’t be beneficiaries of your Will The witnesses should be present when you sign the Will and see you sign the Will.   The Will witness requirement meant it was tricky during the height of the Covid-19 pandemic for people to arrange for their Wills to be witnessed especially when Will solicitors were forced to work online because of the government imposed lockdown and the difficulty of getting neighbours to witness Wills whilst practising safe distancing or shielding.   The remote witnessing of Wills To help people wanting to put their personal and financial affairs in order during the Covid-19 outbreak the government has said that it will change the law to allow Wills to be witnessed remotely for the next two years or longer if required.   The government recognises that there is a danger that the remote witnessing of Wills could result in fraud or abuse of the elderly or vulnerable and has therefore issued guidelines to Will solicitors and to the general public on the remote witnessing of Wills.   For those of you who have already executed your Will and are worried that the execution was carried out correctly and is valid then the best thing is to speak to a specialist Will lawyer. The good news is that the government has said that the Will witnessing reforms to allow remote witnessing of Wills is to be backdated to 31 January 2020 provided that: The Grant of Probate hasn’t already been issued The application is already in the process of being administered.   The new law will remain in place as long as necessary and will apply to Wills made up to two years from when the legislation comes into force (the 31 January 2022) but this period could be shortened or extended if deemed necessary by the government.   It should be noted that although the government intends to change the law to allow remote witnessing of Wills the government has said that the use of video technology should be a last resort and people making or changing their Will should continue to arrange physical witnessing of the execution of their Will where it is safe to do so. [related_posts] Government guidance on making Wills using video-conferencing The government guidance on the remote witnessing of Wills applies to both Wills and codicils (a supplementary document that is sometimes used to make minor changes to a Will rather than creating a totally new Will).   The guidance reminds Will solicitors that a Will or codicil isn’t valid unless: The Will or codicil is in writing and The document is signed by the testator or by some other person in the testator’s presence and at their direction and The testator has capacity to make the Will The testator intended by their signature to give effect to the Will and The testator’s signature was made or acknowledged by the testator in the presence of two or more witnesses who were present at the same time and The two witnesses attest and sign the Will The witnesses have a clear line of sight and can see the testator sign the Will (even if their line of sight is through a window or in light of the planned law change remotely through video conferencing).   Video-witnessing or remote witnessing of Wills If a Will is witnessed remotely then the same rules apply to the valid execution of a Will save that the witnesses witness the Will being signed remotely. This doesn’t have to be by video conferencing as it could, for example, take place over Zoom or Facetime.   The important point is that the person making the Will and their two witnesses each have a clear line of sight of the signature to the Will in real time. It is best that the remote signing and witnessing process should be recorded and the recording retained in case the Will is challenged.   The original Will should be in the possession of the testator when it is signed and the signature witnessed remotely. However, the two remote witnesses still need to sign the Will so the Will should then be taken to the two witnesses for them to sign, preferably within twenty four hours unless a longer time period is unavoidable. When the witnesses sign the Will the testator should ideally remotely see the two witnesses sign the Will and acknowledge that they have seen the two witnesses sign. As part of the remote witnessing process the Will should be held up so the Will can be seen.   The government is making the changes to the law on witnessing Wills as the government recognises the importance of writing a Will and the peace of mind that a Will can give to both the testator and their loved ones. Our Online Cheshire Will and Estate Planning Solicitors For help writing a Will or with estate planning call the Will and estate planning solicitors at Evolve Family Law or complete our online enquiry form. We can arrange a telephone appointment, video conference or Skype call to discuss how we can help you with writing a Will or changing your existing Will.

You may think that when it comes to getting divorced and sorting out a financial settlement you don’t get a choice about where to start court proceedings. Our Manchester divorce solicitors will tell you that isn’t necessarily right and that when it comes to choosing your divorce forum it is best to get expert legal advice to make sure that you make the decision that is right for you. In this blog we look at the recently reported case of Mr and Mrs Villiers that highlights how a short geographical distance can make an enormous difference to the size of your financial settlement. The Case of Mr and Mrs Villiers One of the things that the Villiers case reminds divorce solicitors about is that divorce forum shopping doesn’t have to involve international families. That is because the disputed jurisdiction was between England and Scotland.   Charles Villiers asked the English Supreme Court to rule that his wife’s spousal maintenance claim should be decided in Scotland because he had started his divorce proceedings there. In 2014 Mr Villiers filed for divorce from his wife, Emma in Scotland. During the eighteen year marriage the couple lived near Dumbarton in Scotland. When the marriage broke down Emma Villiers moved to London and started a new life there. In 2015 Emma Villiers applied to an English court under section 27 of the Matrimonial Causes Act 1973 for spousal maintenance. The English court ruled that she was habitually resident in England at the time of her application and so was entitled to ask the English court to rule on the amount of spousal maintenance. Mr Villiers disagreed and he therefore appealed the jurisdiction decision. His appeal eventually arrived at the Supreme Court.   The Supreme Court ruled, by a majority decision of three to two, that Emma Villiers could pursue her spousal maintenance claim in England.   You may question why time and legal fees were spent on arguing on court jurisdiction when Scotland and England are both part of the UK and not a million miles apart.   The cost of the court proceedings makes sense in the financial context that family courts in Scotland only tend to order payment of spousal maintenance for three years. Manchester divorce solicitors say that the Scottish position is sharply contrasted to the position in England where, in an appropriate case, a family judge can order spousal maintenance for life. Spousal maintenance for life means that the spousal maintenance payments won't stop until: The payer dies – however the spouse receiving the spousal maintenance payments can make a claim against the estate if financial provision isn’t made under the terms of the Will or through an insurance policy The payee dies The payee remarries The court makes an order to stop payment of spousal maintenance – for example, if the spouse receiving the spousal maintenance is in a long term cohabiting relationship or wins the lottery.   Court jurisdiction makes a big difference when the monthly spousal maintenance payments amounts to £5,500 per month on an interim basis. Furthermore, Mrs Villiers is asking the court to award her spousal maintenance of £10,000 per month based on the lifestyle enjoyed by the family during the marriage and her husband's wealth, although the extent of his wealth and the relevance of family trusts is disputed by him.   Doing the calculations, maintenance at £10,000 per month for three years amounts to £360,000 using Scottish law spousal maintenance principles but if sixty one year old Emma Villiers succeeds in her argument for life time spousal maintenance using English spousal maintenance principles then the figure could be far higher.   Mr Villiers said that his wife's actions in starting court proceedings in England amounted to ‘'divorce tourism'’ but the Supreme Court has ruled against him this week and therefore the spousal maintenance court proceedings will take place in England.   [related_posts]   The Supreme Court decided that the English court has jurisdiction to hear the wife's spousal maintenance application because the divorce proceedings in Scotland are not what it called a ‘‘related action’’ under article 13 of the Maintenance Regulations. Not all of the Supreme Court judges agreed with the decision but the lead judge said that as Emma Villiers is habitually resident in England the court in England can decide the issue of spousal maintenance.   The decision is being seen by many as a charter for divorce shopping to ensure that a husband or wife gets the optimum financial settlement through their choice of court jurisdiction to hear the divorce or associated financial proceedings.   England is known for its generous financial provision for the spouse who is in a weaker financial position and the decision in the case of Mr and Mrs Villiers will reinforce that view amongst international divorce solicitors.   If there is potentially more than one court jurisdiction for your divorce and financial court proceedings then it is best to take early legal advice from an expert Manchester divorce and financial settlement solicitor to make sure that you achieve a financial settlement that best meets your needs. Our Manchester Divorce Solicitors For specialist divorce and financial settlement legal advice call Whitefield, North Manchester and Cheshire based Evolve Family Law or complete our online enquiry form. We offer family law consultations by face to face appointment, video conferencing, Skype or by telephone appointment.

You can write your own Will but Cheshire private client and Will solicitors say that the better question to ask is ‘’should you write your own Will?’’ . That is because going it alone, without expert Will advice, can have serious unintended consequences for your friends and family. In this blog we look at some of the common problems encountered with do-it-yourself Wills. Do I need a Will? We all need a Will, whatever our personal or financial circumstances, although it is fair to say that some people need one more than others. For example: If you have a complicated family set up with children from different relationships or step-children You are getting married You are in a cohabiting or non-married relationship You are going through a separation or divorce You own a business Your estate will be subject to inheritance tax unless you carry out estate planning You have financial dependants, such as young children or a former husband or wife that you continue to pay spousal maintenance to You want to make specific bequests or the intestacy provisions (if you die without a Will) would create a result that would not be what you wanted to do with your estate You want to leave money to charitable causes.   Having acknowledged that they need a Will some people are then tempted to write one themselves. Their philosophy appears to be ‘’how hard can it be to put down on paper what will happen to your money when you die?’’ The answer is that it can be surprisingly easy for someone to prepare a Will that either isn’t legally valid or doesn’t actually say what they meant to say. [related_posts] Common problems with ‘’do-it-yourself Wills’’ include: A Will is witnessed by one person. Two people need to witness the Will being signed. If they don’t do so then the Will isn’t valid One or both of the witnesses to the signing of the Will didn’t actually see the Will maker sign his or her Will. If the Will is challenged then the failure to properly execute the Will could make it invalid The Will is witnessed by two people but one of the witnesses (or their husband, wife or civil partner) is left a share of the estate or a legacy in the Will. Whilst the Will is legally valid but the gift to the beneficiary (or their spouse or civil partner) is void The Will leaves the family home or business to a beneficiary but at the date of death the family home or business has already been sold. The beneficiary isn’t entitled under the terms of the Will to the sale proceeds of the family home or business. The beneficiary may therefore end up with nothing whilst the person writing the Will thought there were leaving their most valuable assets to a named beneficiary After making various specific gifts to beneficiaries the Will doesn’t say what will happen to the balance of the estate, referred to as the residue. That could result in a partial intestacy with some of the estate passing to unintended beneficiaries under intestacy rules The Will does not say who will receive a gift or the residue estate if the named beneficiary dies before the person writing the Will. The gift won't go to the nearest relative of the intended beneficiary but will fail. This will increase the size of the residuary estate. If the person who is gifted the residue of the estate passes away before the Will maker and there is no substitute beneficiary named in the Will then the residue of the estate will pass in accordance with the intestacy rules The Will maker does not carry out any inheritance tax planning as part of their Will preparation. This could mean the difference between the estate paying no inheritance tax or thousands of pounds in inheritance tax The Will writer assumes that their jointly owned family home or their pension fund will pass by their Will but that isn’t necessarily correct because, for example, the home is owned as joint tenants and the joint tenancy was never severed or the pension scheme rules says that the pension fund passes by nomination rather than through the provisions in a Will.   These are just a few of the things that can go wrong when you chose to write your own Will. Sadly, it is often not until it is too late and someone has passed away, that friends and family find out about the unintended consequences of a badly prepared do-it- yourself Will.   It is therefore best to take advice from our Cheshire Will solicitors when contemplating drawing up your own Will. If you are concerned about the cost of a Will then a solicitor can talk you through the cost. At Evolve Family Law we publish a price guide for the services we provide that includes the cost involved in preparing a Will for you. Many realise that getting an expert to write a Will not only isn’t that expensive but gives the security of knowing that your loved ones are properly protected.   Why use Evolve Family Law to write your Will? We think the question ‘’why use Evolve Family Law to write your Will?’’ is best answered by quoting the words of two recent clients of Will solicitor, Chris Strogen. The clients said:   ‘’Thank you so much for a great service, absolutely first class’’.   ‘’Very helpful and friendly, effective and efficient. Definitely recommend’’. Online Cheshire Will and Estate Planning Solicitors To make a Will or estate planning call the Will and estate planning solicitors at Evolve Family Law or complete our online enquiry form and we will arrange a face to face meeting, telephone appointment , video conferencing or Skype call to discuss how we can help you.

There has been a lot of coverage in the newspapers on the topic of mental health and how Covid-19 and the lockdown has affected us all; whether that’s physically, mentally or financially. What is clear is that divorce solicitors have seen a rise in enquiries about divorce proceedings following the end of the Covid-19 lockdown citing mental health issues as the reason for the decision to separate. In this blog, we look at the complex topic of divorce and mental health. For expert family law advice call our team or complete our online enquiry form. Covid-19, Mental Health and Divorce None of us ever envisaged having to go into lockdown to fight an invisible but pernicious enemy or realised how hard it could be on our own physical or mental health or that of our friends and family. Most of now have a greater appreciation of the phrase ‘’stir crazy’’ than we did before March 2020.   Now that we are out of lockdown and restrictions are being eased many of us are taking the opportunity to re-evaluate our lives and look afresh at what is really important to us and to our family. For some, problems in relationships that existed prior to the global pandemic, have become more apparent during the confinement of lockdown and hence the rise in divorce enquiries seen by Whitefield divorce solicitors.   Many husbands and wives are citing mental health issues (either on their part or their husband, wife or civil partner) when explaining the decision to separate. Divorce solicitors would be the first to say that they aren’t doctors and that divorce should not be seen as either the first or the easy option. That is why Whitefield divorce solicitors recommend looking at whether mental health issues can be addressed before you take the decision to separate. For example, if a spouse is able to recognise that their mental health is affecting the marriage or their spouse’s health and take the decision to get treatment, comply with a medication regime or engage in either couple or individual counselling.   In some cases, the lockdown has just confirmed what people already knew; that their relationship was in trouble and that counselling would not help save the marriage. Counselling, on either an individual or joint basis, can still play a very helpful role in some families by assisting you to come to terms with the separation and move on with your lives.   Manchester divorce solicitors are asked many questions about mental health and divorce and here are some answers to the frequently asked questions. We have used husband and wife in the questions but these are interchangeable as mental health affects everyone. Can I get divorced if my husband is mentally unwell? You can get divorced if your husband or wife is mentally unwell. Many people who experience mental health problems are able to engage in court proceedings, hold down a job, parent their children and manage their personal and financial affairs on a day-to-day basis.   However, if the mental health problems are such that your husband or wife is seriously ill (either temporarily or on a permanent basis) and does not have the capacity to take part in divorce proceedings then a person (called a litigation friend) can be appointed to act in their best interests. This makes the divorce proceedings a bit more complicated but you can still start and finalise divorce proceedings even if your husband or wife’s mental health is such that they are not well enough to take part in the court case. The decision on whether a spouse is able to take part in divorce court proceedings is made by the medical profession and court after an assessment of capacity. Can I stop contact because of the dad’s mental health? If either parent has mental health problems this isn’t a bar to contact or child custody. If one parent is worried about the behaviour of the other parent and thinks that the behaviour stems from their mental health issues, the best solution is to try to get medical and professional help. If that doesn’t work, or your husband or wife refuses to accept that they have a problem or won’t acknowledge the impact of their behaviour on the children, then you can apply to the court for a child arrangements order.   A child arrangements order sets out which parent a child should live with and how much contact should take place with the other parent. When deciding on whether to make a child arrangements order and the exact child custody and contact arrangements a family judge will decide what he or she believes is in the best interests of the child after assessing a range of factors, referred to as the ‘’welfare checklist’’.   One of the factors in the welfare checklist is ‘’how capable each parent is of meeting the child’s needs’’. A child’s needs don’t just mean food on the table and being sent to school but how a parent can meet a child’s emotional needs. A parent doesn’t need to be ‘’perfect’’ to parent a child or to have contact with them but they do need to be able to protect them, both physically and emotionally.   Decisions on custody and contact are also influenced by the age of a child and their wishes. For example, a teenage child may be used to caring for a parent who is unwell and if contact were to stop the child would be anxious and more distressed than not seeing their mother or father, even if the parent is unwell. It should also be remembered that health can change and the needs of a child can alter as they grow up. How do I reach a financial settlement when my wife won’t cooperate because of her mental health? It is always best to try and reach an agreement on a financial settlement if you can do so. That is because it saves time and money. There are many reasons why a husband and wife can’t reach an amicable financial settlement, including the mental health concerns of either a husband or wife. Reaching a financial settlement is still possible by starting financial proceedings and asking the court to make a financial court order.   If a spouse doesn’t have the mental capacity to take part in the financial proceedings their interests will be protected by the court appointing someone to act in their best interests. For example, if a spouse is seriously unwell, they may say that they want nothing from the marriage even though they are entitled to at least fifty percent of the family assets and will need the money to rehouse and support themselves. The person appointed to act for them must do what is in their best interests, rather than agreeing to the other partner keeping everything. [related_posts] Will my husband’s mental health affect the financial settlement? A husband or wife’s mental health may affect the financial settlement depending on the severity of their mental health condition, the treatment options and prognosis, and a range of other factors. A specialist divorce solicitor can advise on the likely impact, if any, of a mental health condition on a financial settlement. For example, mental health may have an impact on employment prospects and spousal maintenance or employment and retirement plans and pension options or housing needs and mortgage capacity. Every family situation is different so it is best to get expert legal advice. Divorce and mental health Many people struggle with their mental health at some point in their lives. Their problems are often temporary but that isn’t always the case or a separation or divorce can exacerbate mental health problems. If you are in that position, or your husband or wife or civil partner is, then the best thing that you can do is ensure that the family has the practical, counselling, medical and legal support the family needs to get you all through a tough emotional time. Our Manchester Divorce Solicitors At Evolve Family Law, based in Whitefield, North Manchester and Holmes Chapel, Cheshire, our expert divorce solicitors provide friendly, approachable advice on all aspects of family law. If you need legal help with a separation or divorce or child contact and custody or assistance with a financial settlement then call us for an appointment with our specialist Whitefield divorce solicitors or complete our online enquiry form.

The question ‘’who pays for a divorce?’’ is sometimes one of the most contentious issues in the decision to separate. Whitefield divorce solicitors say that the issue of who pays for the divorce can be more difficult to negotiate than your financial settlement or even child custody arrangements. That is because, although politicians are legislating for ‘no fault divorce ‘ when you split up from a husband, wife or civil partner you often want to blame someone for the split and make them pay. In this blog we look at the question of who pays for the divorce. Divorce Costs The general rule on who pays the divorce costs is that a husband, wife or civil partner will each pay their own divorce legal costs unless the court makes an order requiring one party to make a contribution towards or to pay all of their spouse’s divorce costs.   If the government introduces no fault divorce then it is less likely that the court will make orders requiring one spouse to pay towards the other spouse’s divorce costs. At present (June 2020), a spouse is normally only ordered to pay towards the divorce costs, or to pay the full divorce proceedings costs, if divorce proceedings are started because of: Adultery Unreasonable behaviour.   How much does a divorce cost?   The person applying for a divorce (called the petitioner) will have their own legal fees plus the court fee to pay. The court fee is set by the government and is currently £550.   The person responding to the divorce will have their own legal fees to pay. However, the legal fees are likely to be less than those of a petitioner (as normally there is less legal work to do) and there are no court fees payable by a respondent.   The cost of a divorce can normally be quoted as a fixed fee provided that, for example: The divorce isn’t contested by the person responding to the divorce petition The whereabouts of the respondent to the divorce petition are known There are no jurisdiction disputes on whether the petitioner has the right to start divorce proceedings in England or if the divorce proceedings should be started overseas The respondent co-operates with the divorce and completes the necessary paperwork.  Why does the petitioner pay more for divorce proceedings?   A solicitor will charge the person who starts the divorce proceedings more than the spouse who responds to the divorce proceedings because there is a lot more work involved in helping a petitioner. Whitefield divorce solicitors are asked if you should let your husband or wife start the divorce proceedings so they pay the higher divorce bill but at Evolve Family Law we normally advise against that because: If your spouse starts the divorce proceedings they can decide what gets put in the divorce petition If your husband or wife begins the divorce they may decide that they don’t want a quick divorce and what should take a matter of a few months could take a lot longer leaving you in emotional and financial limbo It may not be in your financial interests to wait for your spouse to start divorce proceedings, for example, if there are concerns about divorce proceedings jurisdiction, threats that your spouse may be made bankrupt, worries that your husband or spouse will hide assets or the concern that until you get your decree absolute of divorce the pension administrators won't be able to implement your pension sharing order If you reach a financial settlement with your husband or wife the divorce court doesn’t have the power to convert it into a financial court order until your decree nisi of divorce has been pronounced and the court can't enforce the financial court order for you until you have your decree absolute of divorce.   It is always best to speak to a divorce solicitor about the advisability of agreeing to your husband or wife starting the divorce proceedings as there may be reasons that you haven’t thought of as to why letting them do so really isn’t in your best financial interests.   Can divorce costs be agreed? Divorce costs can be agreed between a husband and wife or civil partners. For example: The respondent can agree to pay all the divorce petition court fee or half of the court fee or The respondent to the divorce can agree to contribute to the petitioner’s divorce costs so that the husband and wife both pay the same amount in divorce legal fees. A respondent should only do this if the petitioner has agreed a fixed fee divorce with their solicitor. That way the respondent knows the potential cost liability rather than the divorce costs being left open ended. [related_posts] What are the legal costs of a separation? In addition to the legal costs of a divorce you may also incur legal fees in connection with: Advice on child custody and contact and, if you can't reach an agreement, representation in court proceedings for a child arrangements order Advice on your financial settlement options and supporting you through family mediation or negotiating a financial settlement for you or representing you in court proceedings for a financial court order.   There is a lot that you can do to minimise your legal fees but it is best to get some divorce legal advice to make sure that any financial settlement or childcare arrangements meet your needs and those of your children. Our Whitefield Divorce Solicitors Whitefield, Manchester and Holmes Chapel based Evolve Family Law solicitors cover all aspects of divorce and family law. Call us or complete our online enquiry form to set up a face to face meeting, video conference or telephone appointment.

It is all very well asking the question ‘’Do I have parental responsibility for my child?’’ but it is equally important to understand what parental responsibility means and what you can and can't do with it. In this blog we look at what parental responsibility is, who does and doesn’t have parental responsibility, what you need to do if you want parental responsibility and we answer frequently asked questions on the topic of parental responsibility. What does parental responsibility mean? Parental responsibility is a legal concept. That means you can be a responsible parent and not have parental responsibility for your child.   The definition of the legal concept of parental responsibility is contained in Section 3(1) of the Children Act 1989.  The Act defines parental responsibility:   “The rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property”.   In practical terms, parental responsibility gives a parent the responsibility for making significant decisions in a child’s life. Examples of the exercise of parental responsibility Parents exercise parental responsibility for their children all the time, without even thinking about it. However there are some significant decisions involving the welfare of a child that parents can struggle to agree on. For example: The name of the child If the child should follow a religious belief and, if so, if the child should be baptised or circumcised If the child should have contact with family members you are estranged from, for example, grandparents or an aunt If the child should be immunised or vaccinated If the child should go on overseas school trips If the child should follow a strict diet such as gluten free, vegan ,vegetarian or sugar free diet If the child should be home educated or go to a local state school or be placed in private education The type of schooling or extra tuition that best meets a child’s needs if the child is gifted or has special educational needs.   There are many other examples of parental responsibility decisions. Some, whilst relatively insignificant, may be of immense importance to you, such as the length of your child’s hair or at what age your child is allowed to have an ear piercing or have their own mobile phone. What happens if you can't agree on parenting decisions and parental responsibility? If two parents have parental responsibility and can't agree on how to exercise parental responsibility then either parent can apply to court for a specific issue order but courts recommend that: Parents try to discuss parenting and reach a compromise that they can both accept Parents try family mediation if they can't reach an agreement to see if a neutral family mediator can help them reach an agreement Court proceedings are used as a last resort. What to do next? If you are worried about your child because you think that your former partner’s alcohol or substance use is affecting their relationship and contact is having an adverse effect on your child then before you stop or change contact it is best to take legal advice from a children law solicitor and professional advice. Speaking to someone else can help you come to a balanced view on whether an application for a child arrangements order is in your child’s best interests and your alternative options.   If you are a parent who has had allegations of drug or alcohol abuse made against you then the best advice is to take legal advice. That is because the first thing many parents do is deny there is a problem. Sometimes there isn’t a problem. However, if there is an issue with alcohol consumption, then denying that the problem exists makes it more likely that the court will make a child arrangements order that you are unhappy with whereas that outcome can potentially be avoided through cooperation and representation. How does an unmarried father get parental responsibility for his child? An unmarried father can get parental responsibility in one of three ways: By agreement with the child’s mother or Jointly registering the birth and being named on the birth certificate or Obtaining a parental responsibility order from the court. Can I prepare a parental responsibility agreement? To secure parental responsibility for your child you have to sign a formal parental responsibility agreement document in a prescribed form. The form has to be witnessed. If you don’t use the correct forms or if you don’t get the agreement witnessed in accordance with the rules then the agreement won't be effective in giving you parental responsibility. Does a father lose parental responsibility for a child if he gets divorced? A father doesn’t lose parental responsibility for his child if he separates or gets divorced from the child’s mother.   A father can only lose parental responsibility by court order once he has obtained it. It is rare for a court to order that a father should lose his parental responsibility. Can a father have contact with a child without having parental responsibility? A father can have contact with his child if he is separated from the child’s mother without first having to obtain parental responsibility for the child. If the mother won't agree to a father having parental responsibility and contact the father can make an application to court for a parental responsibility order and a child arrangements order.   A child arrangements order sets out where a child lives and the contact arrangements. The court will make orders that it thinks are in the child’s best interests. Does a father have to pay child support if he is not named on the birth certificate and doesn’t have parental responsibility? A parent’s legal obligation to pay child support for their child is based on their biological relationship. Therefore a biological father has to pay child support if he is assessed as liable to do so by the Child Maintenance Service, even if he is not named on the birth certificate, doesn’t have parental responsibility, and doesn’t see the child.   In situations where paternity is disputed the Child Maintenance Service can ask for DNA testing to be undertaken and the court can order relationship testing. Does a mother with automatic parental responsibility for a child have more authority and rights than an unmarried father who secures parental responsibility? Sometimes being a parent can feel a bit competitive; whether it is you that your child cries for when they have fallen or you that they ask to read them a bed time story. When it comes to parental responsibility many unmarried fathers assume that their parental responsibility isn’t ‘’as good as a mother’s parental responsibility’’ because there parental responsibility was acquired through: Being named on the birth certificate or Parental responsibility agreement or Parental responsibility court order.   An assumption is therefore made by one or both parents that the father’s rights and responsibilities are somehow less important than the mother’s parental responsibility and that: A mother has more rights than a father A mother will always get custody if there is a dispute A mother has the responsibility to sort out child care if neither parent is available to look after the child If you can't agree on an important decision in your child’s life the mother’s parental responsibility takes precedence giving her the power to make the decision.   None of those assumptions are correct. If you share parental responsibility with another person you have equal rights and responsibilities for the child. The child’s mother does not have the casting vote or the ability to make all the decisions. If you can't reach agreement about what is in your child’s best interests then the court can make a specific issue order. The court will make a specific issue order decision based on what the judge thinks is in a child’s best interests. [related_posts] Will the court always make a parental responsibility order? A father can apply for a parental responsibility order as a separate stand-alone application or at the same time as applying for a child arrangements order (an order sorting out custody or contact).   The court won't automatically make a parental responsibility order but the test or threshold to secure a parental responsibility order is fairly low so in most cases the court will grant parental responsibility.   When deciding whether to make a parental responsibility order the court considers: The degree of commitment shown by the father The degree of attachment between father and child The father’s reasons for applying for a parental responsibility order. If I have parental responsibility can I take my child abroad on holiday? If you are a parent with parental responsibility for your child you can't take your child abroad on holiday unless: You have the agreement of everyone else with parental responsibility for your child or You have a child arrangements order and you are named as the main carer in the child arrangements order. If you have this type of child arrangements order then you can take your child overseas for up to four weeks without needing the other parent’s agreement or a court order You have an order from the court giving you permission to go on the specific holiday or a general order saying that you can take your child overseas on a set number of times each year.   If you are not sure whether the wording of your child arrangements order gives you permission to take your child overseas on holiday it is best to take legal advice before booking the holiday. Can my child’s surname be changed if I have parental responsibility for my child? If you have parental responsibility for your child then your child’s surname should not be changed without your written agreement or a court order. Is a court application for parental responsibility worth it? Most children law solicitors would encourage you to secure parental responsibility by agreement with the child’s mother. If a mother takes legal advice the likelihood is that she will be advised that it is probable that the court will make a parental responsibility order. She may therefore agree to your acquiring parental responsibility by agreement and without making a court application.   If a mother won't agree to you having parental responsibility for your child then you may think that you have no option but to make an application for a parental responsibility order because you think that until you secure parental responsibility the child’s mother won't accept that you have any say in the important decisions affecting your child. However, if you have separated amicably and you are co-parenting your child, you make think that parental responsibility won't really add anything for you or your child. It is always best to have parental responsibility and, in those circumstances, you should be able to obtain parental responsibility by agreement through completing the prescribed form for parental responsibility. Parental Responsibility Solicitors For legal assistance with parental responsibility, child custody or contact or applying for a parental responsibility order, child arrangements order, or specific issue order contact the specialist Cheshire and Manchester children law solicitors at Evolve Family Law. Call us or complete our online enquiry form.