Family Law Articles & Advice

It is tempting to answer the question ‘’does length of marriage affect divorce settlement?’’ by saying that ‘’it all depends’’. However, many would say that reply is a typical politicians or lawyer’s answer and, if you are getting divorced, you want a clear answer, not something woolly. The reality though is that the length of a marriage is a relevant factor when the court decides how much a husband and wife should get in a divorce financial settlement. Just how relevant the length of the marriage is depends on the couple’s financial and personal circumstances. The short marriage and the divorce financial settlement Many people assume that if a couple have only been married for a couple of years then the divorcing spouse will not get  spousal maintenance or even a ‘’pay out‘’ or divorce financial settlement but it all depends.   If three couples have each been married for two years the financial settlement will be different for each couple, as highlighted by these three case examples:   Couple 1 Janet and John Janet and John are both high flyers and each owned property before their marriage. They have no children. The short length of their marriage will be highly influential in reaching a financial settlement and clean break financial court order.   Couple 2 Mariah and Nick The couple only got together just before their marriage two years ago and shortly afterwards the twins arrived. Mariah left work to look after them as Nick agreed juggling work and childcare was not in the interests of the twins. Although the couple have only been married for two years, the length of their marriage is not highly relevant, as the court will focus on the children’s needs when determining a fair financial settlement.   Couple 3 Bill and Ben Bill and Ben married two years ago but within a matter of months, Bill realised that he had made a mistake. He has moved out and started divorce proceedings. He has assumed that he will get a clean break financial court order as the couple only lived together for twelve months out of their two-year marriage.   However, before the marriage, Bill and Ben had lived together in a continuous relationship for about fifteen years. The court takes into account pre-marriage cohabitation when looking at the length of the marriage, if it was ‘’seamless living together’’. Although the marriage may have officially only been of two years duration, the family court could assess it as a long relationship of seventeen years when looking at what sort of divorce financial settlement would be fair to both Bill and Ben.   Does the length of marriage affect divorce settlement? The case studies show that when a Whitefield divorce solicitor answers the question ‘’ does the length of a marriage affect divorce settlement ‘’ with a ‘’maybe’’ that whilst it may be a woolly answer it is the correct one until more information is available on a couple’s financial and personal circumstances.   For help with your divorce financial settlement please contact our specialist divorce lawyers. [related_posts]

We all know that it goes on; the press is always full of stories about international or multi-millionaire families involved in divorce and financial settlement cases where there are accusations that a husband or wife has hidden assets.   It is not surprising that there are allegations of hidden assets in divorce proceedings when, after all, divorce proceedings are often started because of a lack of trust in a relationship. The fact that a spouse has had an affair can make a husband or wife to lose emotional and financial faith in a spouse. When a separation is imminent or divorce proceedings are started, past actions and financial behaviours can take on a new significance.   You do not need to have the assets of a multimillionaire to worry about a spouse hiding assets in divorce and financial proceedings. The hiding of money or property in divorce and financial cases of more modest means is just as worrying and may even have a more profound effect on the financial settlement.   Examples of hiding assets in divorce  The best Cheshire divorce solicitors will tell you that there are numerous ways in which assets can be hidden during a divorce, and there are warning signs, including: A spouse being secretive about money and not telling you about how many bank and savings accounts they hold; If a spouse is self-employed or is in business and starts to use cash in all transactions whilst telling you that the business is doing badly; If a spouse has boasted of their ability to hide things from you or has previously told you that he or she hid assets from their former spouse during earlier divorce and financial proceedings ; You think that your spouse has transferred money or property to a relative to hide the assets from the divorce and financial proceedings.   Hiding assets – the cost of recovery There are many different and clever ways that a determined and devious spouse can hide money and property in divorce and financial settlement proceedings. However, most Cheshire divorce solicitors are equally determined to trace hidden assets to ensure that everything is ‘’in the pot’’ and can be taken into account in the divorce financial settlement.   When a divorce solicitor is looking for hidden assets, they need to: Work as a team with their client – after all a spouse knows her husband or wife best and will potentially have lots of invaluable information , even if they do not always appreciate just how important their information is to the solicitor; Look at the cost benefit ratio- there is no point in running up a big solicitor’s bill or instructing a forensic accountant to pour over company accounts unless the extra work and costs is likely to produce more by way of financial settlement than the extra costs incurred. That is because you cannot guarantee that a court will order a spouse to pay your costs in tracing assets. It is a pointless victory if the bigger financial settlement is swallowed up by extra legal costs. Look at the bigger picture and use their expertise to assess a case before embarking on tracing hidden assets. For example if a husband and wife have been married for twelve months the likely size of the financial settlement , based on the length of the marriage, may not be effected by whether the solicitor can discover hidden assets. That is because the short length of the marriage may be of overwhelming importance to the size of financial settlement, rather than the extent of the family assets. [related_posts] Financial disclosure and hiding assets In financial court proceedings, a husband and wife are obliged to provide ’’full and frank’’ financial disclosure to their spouse. That does not always happen. Additional enquiries, such as questionnaires and single joint expert and shadow expert reports can be commissioned to trace assets. Sometimes a solicitor can spot that a spouse is trying to hide money, property or income through: Transferring money out of a bank account as cash and saying that the cash has been spent but really opening a secret bank account with the cash; Producing incomplete internet transaction histories for bank accounts to try to avoid revealing entries; Saying that money taken out of a savings account was to repay family debt but the debt was artificial, with the plan being for the ‘’debt’’ to be repaid after the financial proceedings are finalised; Pretending that they do not own a new property. A simple search of the Land Registry can reveal the truth about property ownership; Not disclosing the existence of family trusts or inheritances. These are just the tip of the iceberg when it comes to hiding assets in divorce proceedings.   The best thing that you can do if you suspect that your spouse is hiding or has hidden assets is to take legal advice from a specialist and experienced Cheshire divorce solicitor such as Evolve Family Law. We will be able to help you weigh up the pros, cons, and costs of tracing the hidden assets.   For information about financial settlement options or for representation in financial court proceedings please contact our expert divorce lawyers.

Most separated and divorced parents find some of the child support service rules relating to the calculation of child maintenance incomprehensible. Child maintenance solicitors have to try to explain how child support is calculated without attempting to try to justify the rules or tribunal decisions.   Child maintenance and shared care Nowadays, in the vast majority of family situations, if you separate or divorce and you have dependent children, the child maintenance service (rather than the family court) will have the jurisdiction to calculate how much child support should be paid and to enforce the assessment.   In order to try to keep child maintenance simple to calculate, some years ago the child maintenance service introduced a new child support formula. How much you pay in child maintenance is calculated as a percentage of your income. That sounds simple enough to most parents but then added child support rules start to creep in , such as if there is a shared or equal parenting arrangement with the children spending the same amount of time with each parent then no child maintenance is payable by either parent .   The rights and wrongs of the shared parenting rule and child maintenance is a moot point. Most child maintenance solicitors say it can produce both fair and unfair results. Take two scenarios: Two parents equally share the care of the children and both earn roughly the same amount – no child maintenance is liable under child maintenance service rules, not because of the earnings of the mother and father are the same but because care of the children is shared; Two parents equally share the care of the children. One is a high earner and the other barely scrapes by on their salary each month. No child maintenance is liable under child maintenance service rules as the parenting is shared. The parent who is on a lower income will not be able to ask for spousal maintenance to help address the income gap in the two households if they were in a cohabiting or unmarried relationship with their ex-partner.   Child maintenance and contact It is not just shared parenting that can produce odd results with child maintenance service assessments. If a parent has overnight contact with their child, the amount they pay in child support under a child maintenance service assessment is reduced. The amount of the reduction depends on the extent of the overnight contact.   This child maintenance service rule can throw up some equally fair and unfair results, depending on whose perspective you look at child support from. Take two scenarios: A mother is the main carer of the children. The father sees the children each night but cannot have the children overnight as he works shifts and his shift patterns mean that the children would have to get up too early. Although the mother earns twice as much as the father and despite his seeing the children each day, he is liable to pay the full child maintenance service assessment with no reduction for his daily contact as he does not have the children overnight; A mother is the main carer of the children and the father has overnight contact on three nights a week. Although the mother still needs to pay her mortgage and pay for school clothes and holidays, the amount of her child support is reduced significantly because of the father’s overnight staying contact. The mother earns half the amount of the father. That scenario may seem unfair to the mother but imagine if the mother earnt double the father’s income. The father would still have to pay the same amount in child support and pay for his children’s upkeep on three nights a week. However, the father would pay nothing in child maintenance if care were shared equally. The difference a day makes in child contact can add up to hundreds of pounds a month in child maintenance. [related_posts] Child maintenance rules The child maintenance scenarios are just a few examples of why child custody solicitors and child maintenance solicitors do not try to justify the child maintenance service rules.   The best advice , if you are splitting up from a partner and have children together , is to try and reach an agreement over who gets the house , who gets the pension and how the children are financially supported in one package so the fairness of the overall financial settlement can be looked at.   For information about child maintenance and contact and financial settlements please contact our expert children law solicitors today. Appointments are available online or in Whitefield, Manchester and Cheshire.    

Living with a husband or wife who has dementia can be more than some spouses can cope with, especially when there were marital difficulties for a long time prior to the dementia diagnosis. Although there is an increasing amount of support available and understanding of the impact of a dementia diagnosis on the family, for some married couples the right option is divorce. That is particularly the case when the breakdown of the marriage is not thought to be due to the personality changes that sometimes occur following the onset of dementia. Divorce proceedings and dementia Whether the dementia diagnosis has played any part in the reasons for the marriage breakdown there are likely to be feelings of guilt about the divorce and worry about how a spouse who is ill will face the future. A diagnosis of early onset dementia can be particularly cruel when a husband or wife is relatively young. However, a spouse can find the situation at home equally unbearable. As a Whitefield divorce solicitor, I have advised a number of spouses who have contemplated separating or divorcing after there has been a diagnosis of dementia. Many are loath to take legal advice, as they fear judgement by family, a solicitor or the court. It is an impossible situation to be in and I recommend that legal advice is taken so that you know what your options are. Financial settlement and dementia If you decide to separate, it is important that you get specialist legal advice. This is because in some financial and pension circumstances it will be in both of your interests not to get divorced. In other financial and pension circumstances it will be important to get divorced, rather than just live apart, so the court can make a pension sharing order. When you are thinking about a separation or a divorce most people do not want to base their decision on whether to get divorced or not on financial considerations but the impact of not getting expert advice can have a massive impact on your retirement and personal and financial circumstances. Many people worry about how a dementia diagnosis will affect a financial settlement. The court takes a number of factors into account when deciding what a fair and reasonable financial settlement is. One of those factors is the health of the husband and wife. A dementia diagnosis means that a spouse’s needs will be carefully considered by the court. However, the court will aim to make a financial court order that meets the needs of both husband and wife. Dementia and taking part in divorce and financial settlement court proceedings People also worry about whether a spouse will understand divorce and financial proceedings and think that they cannot get divorced if their spouse cannot play a part in court proceedings and instruct a solicitor. If a spouse does not have capacity to instruct a solicitor or make decisions you can still get divorced and reach a financial settlement. That is because court rules provide for your spouse to be represented in the court proceedings and their interests protected. [related_posts] How can Evolve Family Law help? The decision to separate or divorce is never easy. It is even harder when a spouse is ill. In my experience as a Whitefield divorce solicitor, it is possible to divorce with dignity after a diagnosis of dementia as in many situations, whilst a spouse cannot cope sharing a home, they want their spouse to be provided for. The first step is to look into your options so you can make an informed decision about what is right for you. For advice about separation or divorce or financial settlement options please contact us.

Lifetime gifting is on the rise. That is not surprising, as nowadays children need a financial helping hand to get them on the property ladder. However, when parents give cash to their children they often do not know the UK rules on ‘’what is a lifetime gift’’. As Cheshire Wills and Probate solicitors, it is important to us that parents and other benefactors with estates that will be potentially liable to inheritance tax, as well as the children receiving the benefit of the lifetime UK gift, understand the complex inheritance tax rules so that they can make informed decisions. According to HMRC research, 13% of the UK population have made a lifetime gift of £1,000 or more in the last two years .Just under half of the lifetime gifters said that they did not know the inheritance tax rules on UK lifetime gifts before making the gift. What is a lifetime gift in the UK? The definition of a ‘’lifetime gift UK‘’ is relatively simple. It is a gift, given without ‘’strings‘’ or conditions for its return to a beneficiary during a donor’s lifetime. A gift made in a Will is a legacy that is only effective after the donor’s death. Cheshire Wills and Probate solicitors say that whilst the definition of a lifetime gift UK may be straightforward, inheritance tax rules on lifetime gifting are not. Lifetime gifting UK and the annual exemption and small gifts Current inheritance tax rules say a donor is entitled to give £3,000 in gifts each year exempt from inheritance tax. Lifetime gifting UK and the seven-year rule If a donor wants to give more than £3,000 away in a year, they can do so. However, unless the gift falls within one of the HMRC recognised exceptions, it could become subject to inheritance tax when the donor dies under the “seven-year rule”. For example, if a parent gives a child £40,000 for a house deposit then there may be an ‘‘inheritance tax time bomb’’ if the parent does not survive for seven years after the transfer of the gift. That is subject to size of the parent’s estate, the availability of the parent’s inheritance tax nil rate band for lifetime gifts and the residence nil rate band. Lifetime gifting UK and the small gifts exemption Cheshire Will and Private Client solicitors say that gifters are entitled to use the ‘’small gifts exemption’’ to give up to £250 to as many people as they choose. However, the small gift exemption cannot be used with the annual gift exemption. It also cannot be used to reduce large gifts made to an individual. Lifetime gifting UK, marriage, and civil partnership Under current rules, parents can give up to £5,000, grandparents £2,500, and anyone else £1,000 to a couple who are getting married or entering a civil partnership, without future inheritance tax consequences. Lifetime gifting UK to a spouse or civil partner Gifts to a spouse or civil partner are normally inheritance tax free, subject to the proviso that the couple must have the same domicile. If one partner is UK domiciled and the other is not, then complicated inheritance tax rules and exemptions apply. Lifetime gifting UK and normal expenditure out of income This exemption allows a donor to make regular gifts from surplus income (not from capital or the sale of property). Gifts from surplus income are inheritance tax free on death, even if the donor dies within seven years of transferring the gift. Cheshire Private Client solicitors recommend that professional advice is taken on the definition of “normal expenditure” and “income” to avoid future difficulties with proving that the gifts were made out of income and as part of the donor’s normal expenditure. [related_posts] Lifetime gifting UK and family maintenance The family maintenance exemption allows donors to make gifts for a spouse or civil partner’s maintenance or for the maintenance, training or education of children under eighteen, free of future inheritance tax. Lifetime gifting and exceptions Other major exception to lifetime gifting and potential payment of inheritance tax are lifetime gifting made to organisations, such as: Charities; Gifts to the nation for national purposes ; Political parties (if they qualify). Lifetime gifting UK legal advice Lifetime gifting is undoubtedly a lovely thing to do to help friends and family. However, Cheshire Wills and Private Client solicitors recommend that lifetime gifting should only be undertaken after taking detailed estate planning legal advice and once the potential inheritance tax implications are understood. Just as importantly, solicitors advise that lifetime gifting UK is not an alternative to preparing a Will. For help with lifetime gifting and estate planning or drawing up a new Will please contact our Will solicitors today.

Divorce and debt sounds a depressing topic. However, it is a subject that has to be discussed by many couples who are thinking about separating or getting divorced.   Putting off a separation or divorce because you are in debt is rarely a good idea unless you think that the marriage still has a chance of working. If you think your judgment is impaired by the debt, it is sensible to take advice on your options.   Debt and divorce proceedings   Many Whitefield divorce solicitors find that debt is one of the major reasons behind the decision to start divorce proceedings. For example: A spouse may have hidden spending from their partner so they have lost trust in them; Family debt has arisen and because of financial pressures, arguments have escalated.   Debt issues can be included in a divorce petition based on a spouse’s unreasonable behaviour. There is often a reluctance to agree to a divorce if allegations are made about debt and spending.   When a couple agree that a marriage is at an end the simplest solution is for the respondent to the divorce proceedings to agree to the divorce and to say that they do not accept the debt allegations in the divorce petition. That way the husband and wife avoid the cost of contested divorce proceedings. However, the respondent to the divorce petition can argue his or her case in any later financial court proceedings.   Debt and financial disclosure   If you are negotiating a financial settlement or asking the court to make a financial court order, it is vital that all debt is disclosed. In financial court proceedings, financial disclosure involves giving information about assets and debts.   Debt can include joint debt and individual borrowings. Debt is not just overdrafts and loans but includes credit and store cards, gambling debts, money owed to family or car loans and hire purchase commitments.   As well as providing details of the debt, it is important to disclose how much is repayable each month and the debt repayment date. Without that additional information, financial settlement options cannot be explored.   Am I liable for the debt in my spouse’s name?   If your spouse took out loans or debt in his or her name then the person or organization owed the money cannot pursue you for recovery of the debt unless it is legally assigned to you.   However, in family court proceedings the judge can take into account debt in one spouse’s sole name. The court may have to decide if the debt is ‘’family debt’’ or ‘’non-family debt’’. For example, if a wife took out a credit card to pay for family holidays and clothes for the children the court is likely to class the loan as family debt even if the husband did not agree with all the spending. However, if a loan was used to buy presents for a new partner or furniture for a new house it is likely that it would be viewed as non-family debt. [related_posts] What happens to non-family debt in divorce and financial court proceedings?   If you can establish that a spouse has incurred debt purely for their benefit then a divorce solicitor can argue that the debt should be ‘’added back’’ to the assets of the person who incurred the debt.   Normally the divorce court will only add back non-family debt to the family asset pot if the expenditure was wanton and reckless.   Non-family debt can be a highly emotive topic. However, it is always important to weigh up the extra legal costs involved in analysing the debt and the benefits to be gained from pursuing the legal argument.   Your divorce solicitor should help you stand back from the situation to work out if it is in your financial interests to pursue the argument. It will all depend on the amount involved, how ‘’reckless ‘’ the expenditure was and the potential additional legal costs.   For help with divorce proceedings or financial settlement solutions and financial court orders please contact our divorce lawyers today.

Parental alienation is one of those topics that parents do not like to talk about. Many parents feel embarrassed if they are prevented from seeing their child after a separation or divorce. Parents worry that others will judge them, assuming that they must be at fault if they cannot see their children.   Lots of people assume that if parental alienation has taken place the parent who is not having contact with the children must have done something ‘’bad’’. However, the definition of parental alienation is one parent turning the mind of a child against the other parent and the child’s negative view of the parent not being justified by any parental behaviour but because of the deliberate or unintentional psychological manipulation of the child.   Top tips on how to deal with parental alienation Sometimes it is obvious to everyone involved with a child, from family to schoolteachers and health professionals, that parental alienation is taking place. In other families, the process is more subtle but just as insidious. For parents who fear parental alienation is taking place there are some tips on how to deal with parental alienation and maintain a relationship with your child. As a specialist Cheshire children solicitor who advises parents in high conflict court cases, I recommend that you:  Take legal advice quickly If you think, your ex-partner or former husband or wife is talking inappropriately in front of your child and that is creating tension in the relationship between you and your child it is important to act quickly.  If you wait then the situation may get to the stage that the child is so alienated that they say that they do not want to have contact with you. If you are not able to speak to your former partner direct then you could try speaking to a family member or you could suggest a referral to family mediation or to family counselling. If those options do not solve the difficulties, do not delay in taking legal advice and looking at the option of applying for a child arrangements order. If you delay in taking action then if the parental alienation behaviour continues it will become harder to resolve the situation and repair the psychological damage experienced by your child. Do not blame the child It is normal to think ‘’my daughter is behaving just like her mother’’ or to say ‘’ the apple does not fall far from the tree’’. When a child is playing up or refusing to speak to or see you, it is easy to transfer your frustration with the situation onto the child. After all, why can't your child stand up for themselves and demand more contact with you or why can't they at least look cheerful when they do see you. As frustrating as it is, blaming a child or showing your exasperation with the situation is likely to make the situation worse. Do not blame the parent When you get frustrated about parental alienation, it is easy to think that the solution is to tell your side of the story. In the process, you are likely to denigrate the other parent, and that is likely to make your child more insecure and anxious, and less inclined to have contact.  Do not walk away The statistics of how many parents lose contact with their children after a separation or divorce is appalling. Many of those cases do not involve parental alienation but nonetheless it is sometimes easy to think that your child would be ‘’better off’’ without you. Most children law professionals believe that a child needs and deserves a loving relationship with both parents, even if that has to be achieved through the making of a child arrangements order. Find time for other things in your life If you experience parental alienation, it is easy to obsess on your ex-partner and their behaviour. By doing that you can play into their hands. It is important that you find time to enjoy other aspects of your life during any children court proceedings. What will the court do if it thinks that parental alienation has taken place? If you make an application for a child arrangements order the court will carefully consider whether contact is in your child’s best interests. If a child is saying that they do not want contact because of parental alienation, the court can take some proactive steps to try to help you build a relationship with your child. In extreme situations, where a judge finds that the parental alienation has caused emotional harm and that the primary carer dos not understand the damage created by their actions, the judge can make an order to change the primary carer of the child. How can Evolve Family Law help you?   Evolve Family Law is a niche family law firm with offices in Cheshire and Whitefield, Manchester. Evolve Family Law solicitors provide advice on all aspects of family law. Our solicitors at Evolve are specialists in children or family finance law.   Whatever your children or family law concern, Louise Halford and the children law team at Evolve Family Law solicitors will work with you to help you reach a solution. To contact Louise Halford call her on +44 (0) 1477 464020 or email her at louise@evolvefamilylaw.co.uk

Evolve Family Law is delighted to announce that Claire Gatley has joined the Holmes Chapel office of Evolve Family Law. Claire Gatley is a Cheshire family solicitor and advises on divorce and cohabitation relationship breakdown, financial settlements, and children law cases. Claire joins Louise Halford, co-founder of Evolve Family Law and one of the North West’s leading experts on children law and child abduction at Evolve Family Law’s offices in Holmes Chapel. Claire, who is a Cheshire resident, is passionate about helping people resolve their family law and children access and custody issues after separation or divorce. Claire says ‘’ I have been made to feel really welcome at Evolve Family Law. It is lovely to join such a caring and friendly firm of solicitors. As a local Cheshire resident, I think it is brilliant that a firm like Evolve Family Law combines Manchester city centre legal expertise, up-to-date technology, with old-fashioned attitudes to client care and taking time with family law clients to listen to their needs and goals’’. ‘’Although I have only recently joined Evolve Family Law what really struck me, from day one, was how everyone cares about their colleagues and clients. That makes for a great working environment and a relaxing client experience’’. ‘’I have always had a passion for family law and for helping people. I am brimming with enthusiasm to help Louise Halford and the team at Evolve Family Law achieve the best  family law outcomes for clients , whether they are seeking a divorce, need to reach a financial settlement or require specialist legal advice on a child arrangements order or child custody’’.      Commenting on Claire’s move to the Holmes Chapel Cheshire offices of Evolve Family Law and the continued expansion of the family law team, Louise Halford said: “Claire Gatley is a very welcome addition to the family law team at Evolve Family Law. She has lots of enthusiasm, a ‘’can-do’’ attitude and a sunny, caring personality. That is evidenced by her willingness to go the extra mile with her commitment to charity fund raising having ran half-marathons and leaping out of a plane. I am confident that all our family law clients will really appreciate Claire’s caring attitude and hard work on their behalf’’.   ‘’The addition of Claire Gatley to the family law team at Evolve Family Law and our continued expansion plans put us firmly on the path towards becoming the first choice legal advisors for local clients from all backgrounds in Cheshire and Whitefield, Manchester.” Evolve Family Law Holmes Chapel office is located at 4 The Clock Tower , Manor Lane , Holmes Chapel , Cheshire CW4 8DJ. [related_posts]