Family Law Articles & Advice

Enquiries are rising about whether family members and loved ones can challenge Wills. In this blog, our Contesting a Will solicitors look at the grounds for contesting a Will.​   Call Evolve Family Law for advice on challenging a Will or complete our online enquiry form.   ​Can I contest a Will? The grief and distress experienced at a time of bereavement is increased if you don’t think that your loved one’s Will is correct or fair. It is best to take legal advice on the Will and whether you have the grounds to contest the Will. Our team of specialist lawyers provide discreet, sensitive advice about your options. What are the grounds for contesting a Will? You may be able to contest a Will if: The Will maker lacked testamentary capacity, or The Will was not executed properly, or The Will maker was unduly influenced to make the Will, or The Will was fraudulent or forged. In addition, if you have not been named as a beneficiary in a Will or if you haven’t been left as much as you need and you were dependent on the deceased, you may be able to bring a claim against the estate. This is different to challenging a Will on one of the four grounds.   Contesting a Will because of a lack of testamentary capacity A Will is not valid if the Will maker signed their Will at a time when they had lost their mental capacity to manage their own affairs (referred to as a lack of testamentary capacity by contesting a Will lawyers). That’s because a Will maker must have testamentary capacity to make or change a Will. Loss of mental or testamentary capacity means that the Will maker didn’t have the mental ability to understand what they were doing when they signed their Will and the impact that their actions would have on their estate. If the person signing the Will did not have mental capacity at the time it was executed, and if the Will is successfully challenged, the estate will pass and be administered in accordance with either: The deceased’s most recent valid Will, or If the deceased did not make an earlier Will, their estate will be distributed under the intestacy rules. It is therefore important to understand what would happen to the deceased’s estate if a Will is challenged, as intestacy rules can produce unexpected results.   Contesting a Will because the Will wasn’t executed properly A Will may not have been executed properly as it wasn’t signed by the Will maker or their signature wasn’t properly witnessed by two witnesses. If the Will wasn’t executed properly, then the Will is invalid. This means the deceased’s estate will pass in accordance with any earlier validly executed Will or, if there is no earlier valid Will, under intestacy rules.   Contesting the Will because the Will maker was unduly influenced to make the Will If the Will maker was under undue influence or was pressured or coerced into making a Will, the Will may be invalid. There may be a red flag over whether there was undue influence if the deceased was elderly or vulnerable and left their estate to someone they had only met shortly before their death, and the deceased had always stated that they would leave their estate to family members or friends. Any challenge to a Will based on undue influence has to carefully look at what evidence there is of undue influence, other than suspicion on the family member’s part. This is because to contest a Will based on undue influence, the applicant must be able to show that the deceased would not have made the legacy in the Will without being subject to coercion or undue influence.   Contesting a Will because the Will was fraudulent or forged If a Will is fraudulent or forged, then it is invalid. Examples of forged Wills include: Forging the Will maker’s signature to make sure the Will is executed, or Destroying a Will so that an earlier Will is thought to be the valid Will, or because, under intestacy rules, the fraudulent person will get the lion’s share of the estate.   Should I contest a Will? If you want to contest a Will because you have concerns about its validity, then it is best to take legal advice. A contesting a Will solicitor can assess: The grounds for challenging the Will The evidence The size of the estate Your prospects of reaching a compromise or securing a court order   You might also be interested in [related_posts]   How do you contest a Will? If you want to contest a Will, it is essential to act and obtain legal advice as soon as you can. That’s because there are time limits to contest a Will. For example, if you are bringing a claim as a dependant of the deceased, the time limit is six months from the issue of the grant of probate.   If you decide to contest a Will, then you can make a claim, referred to as a ‘caveat’, to the Probate Registry office. The claim means the probate won’t be completed, and therefore the estate won’t be distributed without your being notified and able to pursue the claim. The caveat lasts for six months but can be renewed if an extension is justifiable.   If, during the period of the caveat, you cannot resolve the Will dispute by agreement, then you have the option of starting court proceedings to contest the Will. When determining the application, the court will weigh up all the evidence. That’s why it is best to seek specialist legal advice before commencing court litigation. That way, you can make informed choices on whether pursuing the court case is in your best interests. Our Private Client and Contesting a Will Solicitors Deciding whether to challenge a Will isn’t an easy decision to make. For sensitive, pragmatic help, call Chris Strogen at Evolve Family Law or complete our online enquiry form.

As specialist Will solicitors, the lawyers at Evolve Family Law are keen to ensure that families understand the legal complexities of Wills and the family home and have Wills that reflect their wishes and meet their family's needs. For expert estate planning advice and help with your Will call our team of specialist Will lawyers or complete our online enquiry form. In this article, Will solicitor Chris Strogen looks at: Joint property ownership and estate planning Wills and joint ownership of property The family home and your Will Severing a joint tenancy The family home and estate planning options Reviewing your Will Joint property ownership and estate planning When you make a Will, it is crucial to check if you own any jointly owned property as joint tenants or as tenants in common with your co-owner. The jointly owned property could be: The family home A holiday home A buy-to-let property Investment property Commercial property Whatever the purpose of the property, a quick check with the land registry can establish if you and your co-owner (or co-owners) own the property as joint tenants or as tenants in common. Wills and joint ownership of property The different types of joint ownership of property are important when buying a property and when estate planning because: Joint tenants - co-owners automatically inherit property owned as joint tenants even if the deceased co-owner made a Will. Tenants in common- if one co-owner passes away, then their share in the tenancy in common owned property passes by their Will. If they have not made a Will, then their share in the property passes under intestacy provisions. The family home and your Will Many people assume that they don’t need a Will because if they die first, the house will automatically pass to their partner. That is not correct if you own the property as tenants in common. Even if you own a house as joint tenants, you should still have a Will. This is because a Will records what happens to other assets, such as household contents, your car, any savings or other property. When discussing your financial and family circumstances with your Will solicitor, you may decide that the best option for you is to sever the joint tenancy so your share in the family home passes under your Will rather than automatically to your co-owner. An estate planning lawyer will advise you of your options and how to write a Will that potentially could: Minimise the risk of family members claiming a share of your estate because they think that reasonable financial provision was not made for them, and Reduce the amount of inheritance tax payable by your estate. Severing a joint tenancy If you jointly own a property with a co-owner, you may realise that you don’t want your co-owner to inherit your share in the property. For example: You may own a family home with your former husband or ex-wife, or If you have children, you may want your children to inherit your share in the property. This could be achieved by leaving your share in the property to them in your Will or creating a Will trust so your partner has the right to live in the property for the remainder of their life, but your share in the property then passes to your children, or You may own an investment property with a sibling or friend. To avoid your co-owner inheriting your share of the jointly owned property, you can sever the joint tenancy so you hold the property as tenants in common. If you sever the joint tenancy, there are three points to note: You don’t need your co-owner’s agreement or consent to sever the joint tenancy. You need to make a Will, as without a Will, your share in the property will pass under intestacy rules. If you have an existing Will, you should consider reviewing the Will to ensure that it is up to date, inheritance tax efficient, and that you have minimised the risks of your Will being challenged. If you sever the joint tenancy and your co-owner passes away, their share of the property will pass under their Will or under intestacy rules. If the joint tenancy had not been severed, the property would have passed automatically to the co-owners upon the death of the first owner.   You might also be interested in [related_posts]   The family home and estate planning options If your family circumstances are complicated, you may be concerned about deciding on whether to make a Will, review your Will, or decide on whether to own your property as joint tenants or as tenants in common. You may be concerned about leaving your share of the family home to a new partner, as you feel the need to balance the needs of your new partner with those of your children from a previous relationship. There is a range of estate planning options to help you achieve a balance you are comfortable with. For example, you could give your partner a life interest in your share of the family home, allowing them to continue living in the property. However, if they sell or pass away, your share of the property will then pass to the beneficiaries named in your Will. Reviewing your Will You may have made your Will many years before you bought your jointly owned property, or the value of your estate may have changed. That is why it is important to review your Will to ensure your share of your property passes to the person or people you want to leave it to. By reviewing your Will regularly, as family and financial circumstances change, you can minimise the risk of your Will being challenged and protect your loved ones. For expert estate planning and help with your Will call our team of specialist Will lawyers or complete our online enquiry form.

Whether your estate will be liable to pay inheritance tax and the extent of the bill depend on a few factors. In this article, our estate planning solicitors outline the current inheritance tax rules.   Call Evolve Family Law for specialist estate planning and Will advice or complete our online enquiry form.   What is inheritance tax, and how much is inheritance tax? Inheritance tax is paid upon a UK-domiciled person’s death if their estate exceeds their IHT threshold (known as the nil rate band). Over the last 15 years, more estates have been left footing inheritance tax (IHT) bills on the death of a loved one because: Property values have risen, and Tax thresholds and exemptions have not increased with inflation. How much inheritance tax is payable?  If a deceased’s estate amounts to more than the nil rate band, then inheritance tax is payable at 40% by the estate. The nil rate band The tax-free inheritance tax allowance, also known as the nil rate band, is £325,000. The allowance has not changed since 2010, but it could be increased or reduced in future budgets. The inheritance tax rate The IHT rate is 40% of anything in your estate over the £325,000 threshold. However, special rules apply if: You are passing on a family home, or Some or all your estate falls within an IHT exception. Passing on a home The value of a family home is included in the value of your estate, but you will avoid paying IHT at 40% on the value of your family home if you leave your house to your husband, wife or civil partner. IHT rules also allow you to pass on a home to a family member with an extra £175,000 of tax-free threshold, so the total nil rate band is £500,000. The rules say the family home must be left to either: Your children – this includes adopted, foster and stepchildren, or Your grandchildren. To qualify for the additional nil rate band, the estate must be worth under £2 million. Exceptions to the payment of inheritance tax There are several ways for individuals to reduce the inheritance tax burden payable by their estate, such as: Giving money away during life, known as lifetime gifting. Putting money into a trust. Leaving money to charity. Business or agricultural reliefs. Leaving the estate to a spouse or civil partner – no tax is payable on the death of the first spouse, but tax will be payable on the death of the second spouse. There are complicated rules relating to inheritance tax planning, such as rules on taper relief. The rules are different if the deceased was not domiciled in the UK at the time of death. These tricky rules mean that it is always sensible to take professional legal advice on your Will and effective estate planning options. Lifetime gifting If you give away an asset, including a family home, there is usually no IHT to pay if you survive for seven years after making the gift. If you die within seven years of making the gift, then the amount payable in inheritance tax is tapered. If you continue to have an interest in the property that you have given away, HMRC may consider this a gift with reservation. HMRC could say the asset remains part of your estate when calculating liability for IHT. An example of a gift with a reservation is the transfer of the family home to your children during your lifetime, and you live in the property without paying your children market rent. If you unreservedly give property away but do not survive seven years from the date of the gift, then the seven-year tapering IHT rules will apply if the total value of gifts made in the 7 years before you die is over the £325,000 tax-free threshold. Taper relief rules The taper relief rules for gifts and payment of IHT are: Years between the date of the gift and death  Inheritance tax rate on the gift 3 to 4 years 32% 4 to 5 years 24% 5 to 6 years 16% 6 to 7 years 8% 7 or more 0%   You might also be interested in [related_posts]   Small gifts and gifts out of income Under current inheritance tax rules, you can also give away some money or possessions free of inheritance tax each year. There are four main exemptions: Annual exemption of £3,000. Small gift allowance. Gifts for weddings and civil partnerships. Regular gifts out of income. Annual exemption of £3,000 The annual exemption allows you to give away a total of £3,000 worth of money or gifts each tax year without the money or the value of the gift being added to the value of your estate. The gift of £3,000 can be made to one person or split between several people. Under the current tax rules, you can carry unused annual exemption forward to the next tax year, but you can only do this for one tax year. The small gift allowance The small gift allowance enables you to make gifts of up to £250 per person. There is no limit on the number of people you can give the small gift allowance to. However, you can't use the small gift allowance if you have already gifted the same person money under a different allowance, such as a wedding gift. Gifts for weddings or civil partnerships Gifts for weddings or civil partnerships allow you to give a tax-free gift to someone who is getting married or entering a civil partnership. The amount you can give depends on your relationship to the done. The current allowances are: £5,000 to a child. £2,500 to a grandchild or great-grandchild. £1,000 to any other person. Regular payments out of income If you make regular payments out of your income to a third party, then these are not classed as part of your estate and are not liable to IHT even if you die within seven years of making the gift, provided: You make the payments from your regular monthly income rather than savings, and You can afford the payments after meeting your usual living costs. An example of a regular payment would be an allowance paid to a child or financial support for an elderly relative. Leaving your estate to your spouse If you leave your estate to your spouse or civil partner, then they will not pay inheritance tax on the bequest – even if the gift is more than the inheritance tax nil band rate. However, this does not mean that no IHT is paid. On the death of the second spouse or civil partner, the estate will be liable to inheritance tax unless the second spouse can estate plan. Many families are blended with stepchildren and children from previous relationships. A Will maker (testator) may therefore not want to leave their entire estate to their spouse or civil partner. If an estate is left to a spouse without considering the needs of a child from a previous relationship, this may increase the likelihood of the Will being challenged. Whatever your family dynamics, it is best to take specialist estate planning legal advice. A Will solicitor can create a Will that provides inheritance tax efficiency and reduces the risk of the Will being challenged by a family member disappointed by the size of their inheritance. Wills and leaving your estate to your spouse Some people think they do not need to make a Will as their estate will automatically pass to their spouse under intestacy rules. This may not be the case depending on the size of the estate and how the assets are owned. There are other key reasons why you should make a Will even if you want to leave all your estate to your husband or wife: In your Will, you can appoint an executor to handle your estate. Your Will can say who your estate should go to in case your spouse predeceases you. A Will solicitor can ensure that assets will pass under your Will. People often assume that their assets will pass to their loved ones, but that is not always the case. For example, if you own property with a parent or sibling as joint tenants, then your share in the property will pass to your co-owners rather than to your husband or wife. A Will solicitor can check property ownership and, if necessary, sever the joint tenancy and convert your property ownership to tenancy in common so your share of the property passes under your Will. Estate planning Without estate planning advice, your Will may not be tax-efficient or may be vulnerable to challenge by an unhappy relative, such as a former spouse or a child who hoped to receive a share of your estate rather than your assets being left to a new husband, wife or civil partner. Our specialist Will lawyers can help you ensure that your Will limits your estate’s liability to pay IHT and protects your estate from challenges from potential claimants and challengers.   Call Evolve Family Law for specialist estate planning and Will advice or complete our online enquiry form.

Although society has changed toward unmarried relationships, the law on Wills and estate planning hasn’t kept pace. That’s why if you are in an unmarried relationship, it is essential to understand why you and your partner each need a Will.   For expert Will writing advice, call our team of specialist Will lawyers or complete our online enquiry form.   Wills and unmarried relationships If you are in an unmarried relationship, the law says that on your partner’s death: If your partner dies without a Will and intestacy rules apply, then as an unmarried partner, you do not get a share of the estate. That means you could be left with nothing unless you can make a court claim against the estate. As an unmarried partner, you can only bring a claim against the estate of a partner if your partner died intestate without leaving a Will, or they left a Will, but reasonable financial provision was not made for you in the Will, and you fall within one of two categories. These are a person who, for two years before the death of your partner, was living with the deceased as spouse or civil partner, although not married, or if you were being maintained by the deceased before the deceased’s death. That means to bring a claim as an unmarried partner, you either must prove a two-year relationship or dependency on the deceased. The estate cannot claim any married relationship-specific inheritance tax or capital gains tax exemptions or allowances.   Wills and married relationships When it comes to Wills and married relationships, unless you are a private client solicitor or have had advice from one, you probably won’t appreciate just what a difference a piece of paper makes, namely your marriage or civil partnership certificate. If your relationship has the legal status of marriage or civil partnership, then as a spouse or civil partner, you have: Intestacy law rights if your husband, wife or civil partner dies without leaving a Will, and The right to bring a claim against your husband, wife or civil partner’s estate if they leave a Will but the Will does not make reasonable financial provision for you, and Inheritance tax concessions as a spouse or civil partner, and Capital gains tax exemptions on transfers between spouses and civil partners.   Common law spouses and Wills As cohabitation is an increasingly popular form of relationship, and because many adults in the UK don’t have a Will, many people in unmarried relationships will be left in a financially vulnerable position on their partner’s death. Some people assume that they won’t have this problem as they are a ‘common law’ husband or wife, or because they have been in a relationship with their partner for over three or five years. These are all myths. There is no legal concept of a common law husband or wife. In law, you are either treated as married or unmarried.   You might also be interested in [related_posts]   What happens if my unmarried partner dies without leaving a Will? If your unmarried partner dies without making a Will, then their estate will pass under intestacy provisions. These are set out in statute. The intestacy rules say that the deceased’s estate will pass to: The deceased’s child, or if there is more than one child, the estate will be shared equally between the children (or their descendants). The child or children (or grandchildren) can get their inheritance when they reach the age of eighteen, or If the deceased doesn’t have any children or grandchildren, then their estate will pass to their parents, or if the parents have already passed away, to any siblings, or, if none, to more distant relatives. The intestacy rules can be challenged if you were in a cohabiting relationship for at least two years, or you were financially dependent on your partner, but that means court litigation against your children or your partner’s relatives.   What happens if an unmarried partner makes a Will? A Will sets out who should receive an estate or be left a gift out of the estate. If your partner leaves their estate to you, then the Will makes things a lot less complicated and far less stressful. Instead of having to make a court claim, you are entitled to the estate or gift. A legacy can only be challenged if another person successfully brings a claim against the estate. For example, saying the deceased did not have the capacity to make the Will at the time that the Will was executed because of a dementia diagnosis. Will solicitors say that if you are in an unmarried relationship, it is best to have a conversation with your partner so that you both know where you stand and to make a Will so that you and your family are protected in case your unmarried relationship is sadly brought to an end by the death of your partner.   Manchester and Cheshire Will solicitors For expert Will writing advice, call our team of specialist Will lawyers or complete our online enquiry form.

If your child has been taken out of the UK by one parent without the other parent’s parental permission, then this may amount to parental child abduction. This type of child abduction is on the increase because of the rise in families living in the UK with international connections. In this article, child abduction solicitor Louise Halford looks at return orders after child abduction from the UK.   Call Evolve Family Law for specialist family law advice or complete our online enquiry form.   What is parental child abduction?  Parental child abduction is when a parent takes or sends their child out of the UK without the consent of: Every other person who has parental responsibility for the child, or A court order from the family court. Parental child abduction is complicated because some parents have sole parental responsibility, and some parents are legally allowed to take their children overseas without the agreement of the other parent because the parent has: A child arrangement order that says the child lives with them, or A holiday order that specifies that the parent can take the child abroad on holiday, or A relocation order that states the parent can take the child to live overseas. Parental child abduction can either be: Taking a child overseas without parental agreement or a court order, or Not returning a child to the UK at the end of an agreed overseas trip. The former type of child abduction is called wrongful removal, and the latter is referred to as wrongful retention.   Child arrangement orders and taking a child overseas If a parent has a child arrangement order that says their child lives with them, the law says that the parent is allowed to take their child out of England and Wales on holiday, provided that the overseas holiday is for no more than 28 days. With the appropriate child arrangement order, the other parent’s agreement to the holiday is not necessary, and a holiday order is not required. If a parent with that type of child arrangement order wants to take their child overseas for longer than 28 days, they will need the consent of all those with parental responsibility for the child or a holiday or relocation order.   Holiday orders and taking a child overseas A holiday order allows a parent to take a child overseas on holiday if the other parent or others with parental responsibility for the child won't agree to the planned holiday. A holiday order can either: Relate to a specific one-off holiday or Give a parent who does not have a child arrangement order that says the child lives with them, permission to take the child overseas on holiday for a specified period each year, so they don’t have to make annual holiday order applications.   Relocation orders and taking a child overseas A relocation order allows a parent to take their child overseas to live. An order is only required if the other parent and anyone else with parental responsibility for the child objects to the planned overseas move.   You might also be interested in [related_posts]    What is a return order A return order can be made by a family court ordering the return of a child to England, where a child has been subject to parental child abduction through either: Wrongful removal – no parental agreement or court order. Wrongful retention – staying outside the UK for longer than agreed to by the other parent or beyond the scope of the child arrangement order or holiday order.   What happens if a parent does not comply with a return order? If a parent does not return their child to the UK, then the court can commit the parent to prison for breach of the return order. In  AA (Mother) v XX (Father)[2025] EWHC 2165 (Fam), a mother asked the court to commit the child’s father to prison for breaching orders requiring him to return the child to England from Iran. The family were from Iran and the mother took her daughter to Iran on holiday. A paternal relative abducted the child from the airport. The mother returned to the UK and started wardship proceedings to secure the return of her daughter to the UK. She alleged the child’s father had prior knowledge of the child's abduction. The court made a series of court orders, including return orders, but these were not complied with. The mother, therefore, asked the court to commit the father to prison. The judge sentenced the father to six months' imprisonment and concluded that the: ‘’sentence is the only hope of compliance and of securing B's return. The father has been given numerous opportunities to return B but has ignored them, and ignored any of the preparatory steps required. His attitude throughout is that he will only comply with orders on his own terms. Secondly, that a custodial sentence is required to show the court's displeasure about what have been complete and deliberate breaches of court orders both in securing B's return and taking the required steps to secure return and provide for indirect contact’’.   Child abduction legal advice If you think your child is at risk of parental child abduction, it is best to talk to a specialist child abduction solicitor while your child is still in the UK. The family lawyer can advise you on the steps that can be taken to reduce the risk of child abduction. These include: Applying to court for a child arrangement order that says your child should live with you. Asking the court to make a prohibited steps order to stop your child from being taken overseas. Applying to make your child a ward of the court. Taking steps to prevent your child from being issued a passport or asking for a port alert. If the other parent has applied for a holiday order or a relocation order, then you can object to their application. A specialist family solicitor can help you explain to the court why the holiday or relocation order is not in your child’s best interests. If your child has already been taken overseas, then your remedies will depend on whether the country your child has been moved to is a member of the Hague Convention. An experienced child abduction lawyer can identify all your potential legal remedies and help you pursue them as quickly as possible to secure the safe return of your child to the UK.   Call Evolve Family Law for specialist family law advice or complete our online enquiry form.

When you are married to a narcissist, it can feel as if there isn’t a way out of the relationship. There is always a way out, and in this blog, our divorce solicitors look at your best options if you want to divorce a narcissist. Call Evolve Family Law for specialist family law advice or complete our online enquiry form.   Can I divorce a narcissist? When you are married to a narcissist and subject to constant belittlement, it can be hard to contemplate feeling empowered enough to start divorce proceedings, especially if you are told by your husband, wife or civil partner that you can’t leave and you can’t get divorced. You can divorce your spouse by starting no-fault divorce proceedings. Although your spouse may not want you to leave or to start divorce proceedings, the reality is that they cannot oppose a no-fault divorce. Our divorce lawyers provide legal advice on no-fault divorce and, in most cases, offer fixed-fee divorce services. Narcissists' threats about what will happen if you start divorce proceedings   Often, the question isn’t about whether you can start divorce proceedings against a narcissist, but whether their threats that you will ‘walk away with nothing’ or ‘you won’t see the children again’ are realistic. As specialist Northwest divorce solicitors, we find that many people who are married to spouses with narcissistic personality disorders wait a long time before taking legal advice because their partners have told them that divorce proceedings will result in them losing custody of their children or not having enough money to look after themselves and the children. That is very rarely true, but it is hard to believe that your divorce lawyer is right when the person you are married to is so adamant in their beliefs.   Tips on divorcing a narcissist  The first steps in divorcing a narcissist are: Recognising the problem – that is harder than you may think if you have been subject to demeaning comments for years and lost a lot of your confidence. Get help – that can be from your GP, a counsellor, friend or family member – it is important to have emotional and practical help if you are getting divorced and especially if you are divorcing a narcissist. Take legal advice – an expert divorce solicitor can help reassure you about your legal rights and give you an idea of the likely financial settlement and the childcare arrangements for your children, so that you have the confidence to decide whether you want to start divorce proceedings. Focus on what is important to you – if you have been living with a narcissist, it is hard to gain the confidence and determination to start divorce proceedings. That’s why it is essential to focus on why you are doing it. For example, your motivation may be not wanting your children to be affected by your partner’s narcissistic personality disorder, or you not wanting to be in the same position in ten or more years. Remember, what is important to you is the crucial point. That means you should not substitute the views of friends or family for the control imposed on you by your narcissistic partner, as you need to look at what’s best for you.   You might also be interested in [related_posts]   Fears about divorcing a narcissist If you are married to someone with a narcissistic personality disorder, you may worry about whether to mention the full extent of your partner’s behaviour to your divorce solicitor. The reluctance to be fully open with your divorce lawyer can be due to: Embarrassment. Fear that you won’t be believed. Worry that you will be thought to be the one with the ‘problem’. Concern that your partner will react badly if they think that you have said things about them. Thinking that it is pointless to say anything about your partner’s behaviour, as it won’t make any difference.  Your partner’s belief that they are brilliant and exceptional and, of course, always in the right. Your partner’s belief that you are in the wrong and worthless in comparison to them, so your views and feelings don’t count. Extreme reactions if you or anyone else questions your partner’s sense of self-importance or entitlement.   A narcissist is a challenge for anyone who lives with them, as well as for divorce solicitors and the family court. That’s why it is essential that you instruct a divorce solicitor with experience of dealing with those with narcissistic personality disorders, and that you tell your divorce lawyer about the extent of the issues you’ve faced so they can help you. Tell your divorce solicitor if your spouse has a narcissistic personality disorder You may not think that it matters whether your divorce solicitor knows about your partner’s narcissistic personality disorder traits, but it is essential because: If you have children, then your partner’s narcissistic personality may be affecting the children and even influencing how they treat you, as they are so used to seeing you belittled by your partner. That may influence your solicitor’s advice on the best child care arrangements to suit you and your circumstances and to reduce ongoing emotional harm to your children. If your partner is a narcissistic person, then family mediation is unlikely to be a sensible option to try to resolve financial or child care matters, as your partner won’t listen to anyone’s views other than their own, so you’d be better using either family arbitration or court proceedings to reach an enforceable decision. If your partner exerts coercive and controlling behaviour, then you may want to minimise future financial links with them. This could, for example, involve agreeing to a clean break financial court order rather than ongoing spousal maintenance, so you get additional capital rather than having to rely on your former partner paying regular spousal maintenance payments to you. If your partner is abusive, you may need the protection of an injunction order or a child arrangement order to protect you and the children.   How can Evolve Family Law help me? At Evolve Family Law, our divorce solicitors will be very honest with you and tell you that they know, from experience, that starting divorce proceedings against someone with a narcissistic personality disorder is hard. You’ll therefore need all the help and expert support you can get. A narcissistic person needs to feel that they are in control and the winner. That may mean you have to start financial court proceedings to get financial disclosure from your partner and get a fair financial court order, or it may mean you need a child arrangement order to restrict their contact with the children or an injunction order to stop the coercion and domestic abuse. Our specialist divorce solicitors are not only experienced in securing these types of orders but are also adept at finding a way through divorce proceedings involving a partner with narcissistic personality traits.   Call Evolve Family Law for specialist family law advice or complete our online enquiry form.   Our latest blogs

Any separation or divorce is a painful process, but it can be challenging when you are leaving an abusive partner. At Evolve Family Law, our divorce solicitors have experience in helping people separating from abusive partners.   Call Evolve Family Law or complete our online enquiry form.   Deciding to leave an abusive partner It is difficult to decide to leave a husband, wife or partner. People often think that the decision to separate is easy if you are leaving an abusive partner, as ending the relationship is the ‘obvious’ thing to do. As specialist divorce lawyers helping those involved in abusive relationships, our solicitors know that it is no easier to leave an abusive partner than it is to leave a caring and kind partner, where the relationship is at an end because the couple have drifted apart. There is help available to decide whether ending a relationship is the right thing for you. Counsellors, therapists and domestic violence charities all offer a sounding board. Family and friends can also be a good source of support if they are good listeners and able to let you make your own decision. A divorce lawyer can give you the legal information you need before you decide to leave your partner.   How do you leave an abusive partner? You may think the answer to the question ‘how do you leave an abusive partner?’ is obvious – you get up and leave. However, Cheshire divorce solicitors who work with people in abusive relationships know that it isn’t as easy as that. If you are in an abusive relationship, it is particularly important to plan your departure to make sure you and your children are safe. Here are our divorce solicitors' tips on how to leave an abusive partner: Get help and support – the support can be from friends, family, your doctor or counsellor, the police, a domestic violence agency or another source. Have an escape plan – if you are leaving a partner, it is normal to discuss why the relationship hasn’t worked out and why you are either leaving or want them to go. If you are leaving an abusive partner, it may not be safe to have that discussion. You may either need to leave without telling them about your plans or where you are going, or you may need injunction orders to protect you. Be practical – if you are making phone calls or using the internet, or you or the children are posting things on Facebook, think about whether your abusive partner will be able to trace you from those activities. If you are planning on leaving, think about what you will need to take with you to avoid returning for essential items. If the children are in school, make sure teachers know why you may need to collect the children early or arrange for someone else to do so. Protect yourself – if you are at immediate risk, then don’t follow any escape plan but get immediate help from the police. If you are not at immediate risk but are worried about your safety, then speak to a divorce solicitor about getting emergency injunction orders (called non-molestation and occupation orders) or children orders (called child arrangements orders or prohibited steps orders) to safeguard your children. Take legal advice – ideally, you should take legal advice before you leave an abusive partner so that you know where you stand legally and whether, for example, you can make them leave the family home, if you can change the locks, stop contact or get interim financial support. Be strong – you may think that you are not strong enough to leave or to withstand the pressure from your partner to return or their attempts to find you and exact revenge because you left. Leaving isn’t always the easy option, and that is why you may need support to stay strong.   Is my partner abusive? You may think that the question ‘Is my partner abusive?’ should have a straightforward answer. However, it isn’t uncommon for those leaving abusive relationships not to recognise their partner’s behaviour as abuse. That can be for a variety of reasons, such as: You understandably don’t want to be a victim of abuse, and so minimise your partner’s behaviour. You have a narrow view of what amounts to abusive behaviour because you have been coached into thinking that psychological abuse or coercive and controlling behaviour is not abusive. You have been told that your partner’s behaviour is normal or that it only occurs because of your demands. Your partner isn’t abusive to the children, so it must be your behaviour that is at fault and not that of your partner. Most injunction lawyers understand why a victim does not see their spouse’s behaviour as abusive during the relationship, and therefore why it is so hard for the victim to recognise their spouse’s behaviour as abuse when they separate from their abusive partner. If you have been told repeatedly that you are ‘mental’ or the one with the ‘problem’, it is all too easy to get sucked into believing that the abuse only occurs because your partner cares about you.   What is domestic abuse?   The definition of domestic abuse is extensive. Nowadays, courts and divorce lawyers recognise that abuse in a relationship isn’t limited to physical assaults. Domestic abuse includes: Verbal and emotional abuse, such as belittling you or telling you that you are mentally unwell or not a fit parent. Financial control, such as withholding money from you, so you are reliant on your partner. Intimidation and mind games, such as telling you that they will kill themselves or leave their job, so you will end up with nothing but guilt if you leave. Exercising coercion and control, such as not letting you see your family or being unwilling to let you go out to work or to have a bank account. There are numerous examples of what amounts to abusive behaviour in a relationship. Sometimes it takes talking to a friend, counsellor or divorce solicitor about your relationship to recognise the behaviour for what it is and to start to acknowledge the physical and emotional impact of your partner’s abusive behaviour on you.   Leaving an abusive partner If you are contemplating leaving an abusive partner, the number one priority is to make sure that you are safe and are empowered to do so. It is stressful leaving any relationship, but if your partner is abusive, the physical departure can be a dangerous trigger point unless handled carefully. Just as importantly, if you have been in an abusive relationship for a long time, it can be easy to succumb to promises of change or being told that you can’t leave because you won’t be able to take the children with you, or you won’t get a penny. It can feel as if there is no escape from an abusive partner, but that isn’t the case. With emotional and legal support, you can leave an abusive partner safely and rebuild your life.   Getting help with an abusive partner When you live with an abusive partner, it is hard to reach out and ask for help. That can be down to feelings of embarrassment or because you love your partner and want to stay in the relationship, but want the abuse to stop. Divorce lawyers find it is often the case that those in abusive relationships are too frightened to speak out and ask for help, as they fear what will happen if they do. That is understandable, as the last thing that you or they want is for your situation to be any worse than it is. If you are worried about seeing a divorce solicitor, then you can come to a meeting to discuss leaving an abusive partner with a friend or member of your family. They can help give you the courage to go, but remember that whilst friends and family can offer emotional and practical support, the decision to leave must come from you. If you don’t have friends or family to support you (or would be worried about things getting back to your partner), many supportive organisations and charities are there to help with information and advice, as well as individuals, such as your GP or a counsellor, who can support you in your decision to leave your abusive partner. Call Evolve Family Law or complete our online enquiry form.   Divorcing an abusive partner You do not need to refer to your partner’s behaviour to obtain a divorce. With the introduction of no-fault divorce proceedings, all you need to do is file an application saying that you think the marriage has irretrievably broken down. Even if your spouse does not share your view, they cannot oppose your divorce application. In the divorce proceedings, you will need a divorce solicitor who can stand up to your partner, ensure that you and your children get the legal protection you need, and help you make your own decisions about what you want.   Children and leaving an abusive partner It isn’t unusual for divorce lawyers to be told that someone has stayed in an abusive relationship for years, for the sake of the children. That can be down to a whole variety of factors, such as: Your abusive partner has told you that they will get custody of the children, and they won’t let you see the children because they will turn the children against you. You think that you would have to leave the family home, and you are worried that this will affect the children. The children love their other parent, and you don’t want them to grow up in a single-parent family. The timing to separate isn’t right because of a child’s exams or the start of primary or secondary school. The research into children and separation and divorce shows that: Children are remarkably resilient. Often, children know when there is something wrong with their parents’ relationship. Although the children may not have seen any domestic violence or physical assaults, because you have protected them, they can still pick up on the vibe in the household and be emotionally affected by it. Children prefer to live in two households rather than have their parents living together in an abusive relationship with a toxic atmosphere.   Child arrangement orders when leaving an abusive partner It is natural to feel very anxious about childcare arrangements if you are planning to leave an abusive partner. The priority is to ensure that you and the children are safe from any domestic violence (or the children witnessing it), so injunction applications can be made to safeguard you and the children. In addition, you can apply for a child arrangements order. In an emergency, a child arrangements order can be made quickly to protect the children. A child arrangement order can: Say the children should live with you, on a short-term or long-term basis. Set out whether the children should see your partner, and if so, whether the contact visits should take place in a supervised setting (for example, at a contact centre or in the presence of a member of your family or a trusted friend) and spell out the safe handover and collection arrangements.   Abuse allegations and child arrangement order applications If you and your abusive partner need to go to court to sort out the child care arrangements, it is essential that: Your husband or wife’s abusive behaviour and its impact on you and the children is explained by your solicitor as part of the court process; and The court looks at whether a finding of fact hearing is needed to decide on the domestic abuse allegations before it makes orders under the Children Act. If a finding of abuse is made, then the court should only make a child arrangements order and contact with the abusive parent if the court believes that the physical and emotional safety of you and your children can be protected before, during and after the contact. Many divorcing partners are adamant that they want their children to see their other parent, even though there has been abuse within the relationship. That is because they want their children to have a relationship with both parents. If you are satisfied that the children will be safe during contact, then it is essential to ensure that you are also safe during the handover of the children for contact. For example, you may not want your abusive partner coming to the house to collect the children, but would prefer a neutral handover where there is less chance that your partner will ‘kick off’ or say anything that will upset the children.   You might also be interested in [related_posts]   Leaving an abusive partner and getting a financial settlement It is natural to worry that even if you are safely able to leave an abusive partner, they will make sure that you ‘end up with nothing’. Divorce solicitors are experts in making sure that not only are you protected from an abusive partner, but that you also receive a fair financial settlement and that you are not bullied or coerced into accepting less than you need or are entitled to. Your lawyer can either negotiate with your ex-partner or start financial court proceedings. Whether you negotiate or start court proceedings, the important thing is that you have a solicitor on your side, making sure: You have the information and financial disclosure orders necessary to make financial decisions. Any financial settlement is reality tested to make sure that the financial court order meets your needs and is capable of enforcement if your partner remains difficult and uncooperative.   Legal help with an abusive partner Abusive partners tend to be bullies and don’t want or like anyone standing up to them. Courts don’t like bullies, so whether you are being physically assaulted, emotionally abused or financially controlled, there is help available from divorce solicitors and the family court to: Protect you through the making of non-molestation and occupation injunction orders. Financially protect you through the making of child support, spousal maintenance, property and pension orders and orders to enforce compliance if your abusive partner won’t comply with court orders. Protect the family through child arrangement orders to ensure your children are safe.   Evolve Family Law solicitors are approachable and friendly. We provide the expert divorce, children and financial settlement advice that you need when you are separating from an abusive partner and need someone on your side.   Call Evolve Family Law or complete our online enquiry form.   Our latest blogs

If you are married to a narcissist, you may need specialist legal advice to sort out your separation and divorce. Otherwise, you may find that your needs or those of your children are not adequately addressed. At Evolve Family Law, our Northwest divorce solicitors are experts in advising in divorce, children and financial proceedings where one spouse has behaved unreasonably, is a narcissist or has a narcissistic personality disorder.   Call Evolve Family Law for specialist family law advice or complete our online enquiry form. Is my spouse a narcissist? In any blog on divorcing a narcissist, it is important to look at some of the essential traits of a narcissist to help you understand if your spouse has the personality characteristics of a narcissist. The Oxford dictionary defines a narcissist as a person who has an excessive interest in or admiration of themselves. Narcissists are said to have the following personality traits: A sense of self-importance. A sense of entitlement. Requiring praise and attention. Willing to exploit and use others without feeling a sense of guilt or shame. Able to demean and belittle other people without worrying about the impact of their behaviour on others. Able to live in their fantasy world where they are the centre of attention.   Do any of those traits sound like your husband or wife? If so, you may need help from a counsellor to talk through how you feel about remaining in the relationship. Our divorce lawyers can advise you on the likely legal implications if you decide to separate or, if you have decided to separate or divorce, apply for a no-fault divorce and help you reach a childcare arrangement and financial court order. Getting divorced from a narcissist Divorcing is stressful, even when it is amicable. However, when your husband or wife is a narcissist, it can feel as if there is no escape from your marriage. There is, but you will need support, both legal and emotional.   If you are married to someone who exhibits narcissistic traits or has a narcissistic personality disorder, then you need to accept that your husband or wife won’t think that they are at fault or that anything they do is wrong. It can, therefore, be futile to have direct discussions on the reasons behind why you think the relationship is at an end. If they are a narcissist, they won’t engage or accept any fault.   A narcissist will turn any discussion about your marriage and separation into a tirade on looking at the impact of what is happening on them, rather than the impact on you or the children. If you have the sort of personality that gets stressed or know you will end up too frazzled to deal with the separation if your spouse starts to belittle you, then it may be best to leave things in the hands of your divorce solicitor. A divorce lawyer who has experience with narcissistic personality disorders and divorce will have the strategies to sort out your separation and divorce.  Divorce proceedings and narcissists Getting divorced is now straightforward, as you do not need to blame your spouse, nor do they need to blame you. That’s because the UK government has introduced no-fault divorce.   In no-fault divorce proceedings, the applicant for a divorce must be able to say that, in their opinion, the marriage has irretrievably broken down. The applicant’s opinion is sufficient. There is no need for the other spouse to agree and no need to substantiate the claim that the marriage is at an end with examples of unreasonable behaviour.   When a narcissist thinks that they are not in control of a situation, they can try to stop you from doing what you plan. That is not possible with no-fault divorce proceedings, as the applicant can decide to start the divorce application, and the respondent only has very limited grounds to object to the divorce.  The grounds to object to the divorce are limited to areas such as: You are not legally married. The respondent has already initiated divorce proceedings in another country. The English court does not have the jurisdiction to grant a divorce as neither spouse is domiciled or habitually resident in England and Wales.   Although a spouse with a narcissistic personality disorder cannot stop you from getting divorced, they can make the process challenging. Their behaviour may deteriorate, and that can be a concern if you are still living together in the family home or trying to negotiate a financial settlement or parenting arrangements once you are living in separate households. You need a strong, no-nonsense solicitor on your side who won’t get caught up in your spouse’s tirades but instead will focus on your divorce and sorting out the arrangements for the children and the financial settlement. Getting help with a narcissist spouse When you are separating or getting divorced from a narcissist spouse, you need all the legal and emotional support you can get. Your friends and family may not realise what you have been through and are currently coping with. That is because your spouse may present a ‘front’ to the outside world where they appear charming and worried about you and your ‘breakdown.’   First and foremost, there is no point in challenging what your spouse is saying to friends and family. If you do, then it is only likely to fuel matters as your husband or wife won’t be able to see the error of their ways as they are only able to see things from their perspective. That can be very hard for you to cope with. That’s why seeing a counsellor or therapist can help you see the situation you are in for what it is, rather than accepting your spouse’s interpretation of events based on their fantasy world where you are the only one at fault. Divorce and the narcissist parent When you are divorcing a husband or wife with narcissist traits or who has a narcissistic personality disorder, it is easy to feel very guilty about your children and in a quandary about what to do about childcare arrangements. Whilst your spouse is only likely to be interested in themselves, they may ask the court to order that the children live with him or her as part of their mind control games or because they know their stance will frighten you.   Whilst it can be tempting to say that a parent with a narcissistic personality disorder should not have contact with their children after the separation or divorce, this may not be realistic. For example, older children may want ongoing contact with the other parent, or you may need help with childcare. What’s more, if you say that you do not want your child to have contact with the other parent, they may raise accusations of parental alienation even though all you are trying to do is to protect your child from a parent with a narcissistic personality disorder. If you and your spouse end up in court over the childcare arrangements, it is essential that: Your husband or wife’s narcissistic traits are outlined neutrally, and The impact of their behaviour on you and your children is fully explained. That is important because many of the behaviours of a narcissist amount to abuse, such as controlling or coercive behaviour.   In an application for a child arrangement order, the court must consider any allegations of domestic abuse carefully. Abuse includes emotional abuse or psychological abuse of you or the children. If a finding of abuse is made, then the court should only make a child arrangements order and contact with the narcissistic parent if the court is satisfied that the physical and emotional safety of the child and the parent with whom the child lives can, as far as possible, be secured before, during and after the contact. An experienced Cheshire divorce solicitor can put the case in children proceedings for expert reports on a parent with narcissistic personality disorder or narcissistic traits. A psychologist or other expert can be asked to report on either the parent or on the whole family and assess the impact of the narcissistic parent’s behaviour on you and the children. Many divorcing partners are wary about labelling a narcissistic parent an ‘abuser’, but it is essential to recognise that abuse isn’t just physical and the effects of coercive and controlling behaviour can be insidious on you and your children. A specialist divorce lawyer can help you recognise that and work out childcare arrangements that best protect your children, or can robustly represent you in court proceedings.   You might also be interested in [related_posts] How to get a financial settlement from a narcissist Usually, a finance solicitor will recommend that they negotiate with your spouse to reach a financial settlement or provide legal advice to you between family mediation sessions. If your spouse is a narcissist or has a narcissistic personality disorder, then the advice may be different. That’s because it can be impossible to negotiate with a narcissist, as they always think they are right and can’t see anyone else’s point of view, other than their own. To the narcissist, it is all about their financial wants and needs and not yours or the children’s needs.   If you start financial court proceedings, there is a court timetable put in place so your spouse can’t delay or prevaricate, and the judge can ultimately decide on what financial orders are made. No one likes to think that a judge will take control of the family finances and make a financial court order deciding whether, for example, the family home should be sold or if you should get a share of the pension or the family business. However, when you are dealing with a narcissist, there may be little alternative as your spouse won’t be prepared to compromise.   You may think that you know your spouse and that even if the family judge makes an order to transfer the family home into your sole name, your spouse will not sign the paperwork to do so. The court is used to dealing with spouses who won’t cooperate. If necessary, the judge can sign the property paperwork on behalf of your spouse. The court also has the power to make financial disclosure orders and to draw adverse inferences if your spouse won’t accept the authority of the court.   Narcissistic spouses like to think that they are very powerful, during the relationship and the divorce, children and financial proceedings. That is why it is so important that you choose a divorce solicitor who won’t be intimidated or fazed by your spouse’s behaviour. Instead, your divorce solicitor will focus on securing your divorce and obtaining children and financial court orders that best meet yours and your children’s needs.   Evolve Family Law solicitors are approachable and friendly, providing expert divorce, children and financial settlement advice with experience in handling divorces where a spouse has a narcissistic personality disorder. Contact us today and let us help you Our latest blogs