Family Law Articles & Advice

When you are contemplating a divorce, you want to know what a wife is entitled to in a divorce settlement. In this blog, our divorce solicitors answer your questions on divorce financial settlements and entitlements. For expert family law advice call our team or complete our online enquiry form. A wife’s entitlement to a divorce settlement After no-fault divorce proceedings are started a husband or wife can start financial proceedings in the family court for a financial court order to provide them with a divorce settlement. The divorce court has the power to make a range of financial court orders, including: Spousal maintenance Payment of a lump sum Sale of the family home and division of the equity in it Transfer of the family home from joint names or one spouse’s sole name to the other spouse Sale or transfer of investments Sale or transfer of shares in a family business Pension sharing In limited circumstances, the court can also make child support orders, such as top-up child support or payment of school fees. In every application for a financial court order, the court has the power to make all or some of these orders in favour of either a husband or wife. The court decision isn’t based on gender but on a range of statutory factors. These are referred to as the section 25 criteria by divorce solicitors. What will a wife get as a divorce settlement? What a wife will get as a divorce settlement depends on the section 25 factors. In the UK there is no statutory formula to say that the wife gets the family home or the husband keeps his pension or business. Instead, divorce solicitors have to look at all the circumstances and the section 25 criteria. If a couple has dependent children, then the divorce settlement will be shaped by the children’s needs. That’s because section 25 factors say that the court’s first concern should be the welfare of those dependent children and how their needs will be met. If the children will continue to live with the wife, then the children and wife will need a house to live in and enough income either via the wife’s salary or child support or spousal maintenance (or a combination of the three) to pay the outgoings on their family home and other reasonable expenditure. The section 25 criteria The section 25 criteria are: The income, earning capacity, property, and other financial resources that each of the parties to the marriage has, or is likely to have in the foreseeable future. This includes in the case of earning capacity, any increase in that capacity which it would, in the opinion of the court, be reasonable to expect a party to the marriage to take steps to acquire The financial needs, obligations, and responsibilities that each of the parties to the marriage has or is likely to have in the foreseeable future The standard of living enjoyed by the family before the breakdown of the marriage The age of each party to the marriage and the duration of the marriage Any physical or mental disability of either the husband or wife The contributions made by the husband or wife or likely to be made in the foreseeable future to the welfare of the family, including any contribution by looking after the home or caring for the family The conduct of the husband or wife if that conduct is such that it would in the opinion of the court be inequitable to disregard it The value to each of the parties to the marriage of any benefit (for example, a pension) which, by reason of the end of the marriage, that party will lose the chance of acquiring [related_posts] Applying the section 25 criteria to work out the divorce settlement A divorce solicitor is experienced in advising on how the section 25 criteria may apply to your circumstances and explaining about the range of likely orders. That expert advice can then help you reach an agreed divorce settlement either through solicitor negotiations or in family mediation. The divorce solicitor can then help you convert your agreement into a binding financial court order. Without knowing about your financial and personal circumstances a divorce solicitor can't advise you on the likely range of orders as the background information is crucial to the outcome of the divorce settlement. The information will involve financial disclosure as, for example, you will need to know the value of the family business or if there is a trust fund or an additional pension. If a spouse is not willing to give financial disclosure voluntarily it may be necessary to apply to the court for a financial court order as the family court can make disclosure orders as part of the financial application process. The divorce settlement process Our divorce solicitors understand that it is frustrating when a divorce solicitor will not give you what you think should be a straight answer to your question about what a wife will get as their divorce entitlement. That’s because the answer varies on the information you give us about your family circumstances. For example, a wife who has been married 20 years may be entitled to half of all the assets (sometimes over 50%) but a wife married for 12 months, and who signed a prenuptial agreement before her marriage, may end up with a very modest divorce settlement. The first step in sorting out a divorce settlement is speaking to a specialist divorce solicitor to understand the information they need and how it applies to your situation. For expert family law advice call our team for an appointment or complete our online enquiry form.

There is still a bit of wariness about raising the topic of a prenup with a fiancée or signing a prenuptial agreement. In this blog, our Manchester family solicitors look at whether a prenup is a good idea.​ For expert family law advice call our team or complete our online enquiry form. Is a prenup agreement a good option? Manchester prenup solicitors are often asked what the point of a prenuptial agreement is if it isn’t legally binding in the English divorce court. However, although a prenup agreement isn’t binding on the English family court, Manchester prenup agreement solicitors say that provided the agreement is drawn up properly it could be given substantial weight. In real terms, if you are a high net worth individual, a prenup could save you millions. If you aren’t a high net worth individual, a prenup agreement is still a good idea because: The prenuptial agreement could ring fence or safeguard pre-marriage acquired assets, such as a family inheritance, a trust fund, a family business or farm, or a pension that you contributed to many years before your planned marriage The prenup could protect children from an earlier marriage or relationship by making sure that if you get divorced your second wife or husband doesn’t walk away with assets that you brought to the marriage or that you need to provide for your children from an earlier relationship If you draw up a prenuptial agreement before the marriage and the terms are fair to both of you the agreement should reduce animosity and legal costs if you decide to separate at a later date   When will a court follow what is in a prenuptial agreement? If you are contemplating signing a prenuptial agreement then it is essential to know when a court will, or is likely, to follow what is in the prenuptial agreement when ordering a financial settlement as part of divorce proceedings.   There are three potential scenarios if you sign a prenup and either you or your spouse later start divorce proceedings: The divorce court ignores what is in the prenuptial agreement – either because the court doesn’t think that the agreement was drawn up with safeguards in place or doesn’t meet one spouse’s needs The divorce court places weight on the prenuptial agreement and although the agreement isn’t followed to the letter the divorce court makes a financial settlement award that is less generous than it would have made had the prenuptial agreement not been signed The divorce court follows the agreement recorded in the prenup and makes a financial settlement and financial court order in accordance with the provisions in the prenup   You are more likely to get the divorce court to follow options 2 or 3 if the court is satisfied that the prenup was freely entered into by each party to the agreement with a full appreciation of its implications unless in the circumstances prevailing at the time of the separation or divorce it wouldn’t be fair to hold the parties to the terms of their prenup agreement. [related_posts] It is often assumed that there is no free will involved in signing a prenuptial agreement as either the intended husband or wife has all the power and the other person feels that they have little alternative but to sign the prenuptial agreement if they want to get married. However, prenup solicitors say that every prenuptial agreement should be freely entered into to avoid the divorce court ruling that one person didn’t understand the agreement and therefore shouldn’t be bound by its terms. To give the prenuptial agreement the best chance of being upheld in any subsequent divorce and financial proceedings, the following requirements should be met: The terms of the prenup must be fair and meet the needs of the parties and any children who are dependent on them. If the agreement isn’t fair, it isn’t likely that the agreement will be fully upheld or even partially upheld. A good prenup solicitor can advise on the fairness principle the divorce court uses to guide you on what provisions to put in the agreement The prenup was entered into voluntarily with no undue influence or duress and of your own free will and signed and executed as a deed There is financial disclosure of each other’s financial circumstances. Financial disclosure is essential even if you are wary about detailing the full extent of your net wealth or your partner is embarrassed about their debts or income. Unless you know what the other has you can’t make informed choices about what should go in the prenup and what would be fair provision if you were to separate The prenup should be signed in advance of the wedding. The recommendation by the Law Commission report is that prenuptial agreements should be entered into at least 28 days before the marriage or civil partnership Independent legal advice on the prenup is taken. That is to ensure that you both understand the legal consequences of signing the prenup and what you might be gaining or losing by entering into the prenuptial agreement   Should I sign a prenup? You should only sign a prenup if you are willing to be bound by the terms of the agreement. You should not enter a prenuptial agreement thinking that you can argue, in any subsequent divorce proceedings, that the terms of the agreement are unfair to you. That argument may not succeed if the agreement was drawn up properly with the safeguards in place.   Likewise, if you have substantial pre-marriage acquired wealth or you want to ring-fence specified assets or you don’t want financial arguments at the time of any divorce proceedings a prenup can be a sensible option for both you and your intended husband or wife. We are Manchester Prenup Solicitors Manchester and Cheshire-based Evolve Family Law solicitors specialise in preparing relationship agreements and advising on prenuptial agreements. For advice about a prenuptial agreement or relationship agreement or other aspect of family law call us or complete our online enquiry form.

Changing a Will After a Loved One has Passed Away You may assume that if a relative made a Will their wishes cannot be changed after their death. Strictly speaking, that isn’t correct because, after the death of a loved one, you may be able to change their Will by entering into a deed of variation. In this blog, private client solicitor, Chris Strogen looks at when you can vary a Will and the advantages of doing so. For expert advice on making a Will or for advice on a deed of variation call our team of specialist Will lawyers or complete our online enquiry form. Changing a Will after death A Will can be changed after the death of the person who made the Will by entering into a deed of variation or a deed of family arrangement. A private client solicitor can advise you on whether you can do this and if it is a good option for you. For example, it may be inheritance tax efficient. Who can vary a Will after death? Whether you need the agreement of the executors and the other beneficiaries in the Will to the proposed variation of the Will depends on what you want to change. In some situations, you don’t need the agreement of anyone else and only you will need to sign the deed of variation. A private client solicitor can explain the process when they know what you want to change in the Will and why. [related_posts] Can you change the intestacy provision if the deceased did not make a Will? If the deceased died intestate (without a Will) you can change the intestacy provisions by signing a deed of variation. Who needs to sign the deed depends on the nature of the variation. A deed of variation can be particularly helpful if the deceased was in an unmarried relationship. Under intestacy rules his or her partner will not inherit. Instead, the deceased’s parents receive a share of the estate or more distant relatives. In some families, the family may want to change this so the deceased’s unmarried partner receives all or a share of the estate. When can you sign a deed of variation? The rules say that the deed must be signed within two years of the date of death. If you are contemplating making changes to the Will of a family member or friend it is best to speak to a private client solicitor about the proposed changes as soon as you can do so. The benefits of a deed of variation There are many reasons why a deed of variation might be a good idea, including: The Will has left out a family member by mistake. For example, by naming 2 of 3 children in the Will as the third child was born after the Will was signed. The testator should have either changed their Will on the birth of the third child or preferably (to avoid the issue in the first place) left the estate to any children alive at the date of the testator’s death and if more than one in equal shares The Will is a DIY Will and is not inheritance tax efficient. For example, if the husband had left the estate to his wife, then the spouse exemption would apply, and no inheritance tax would be payable on the death of the first spouse. With a deed of variation giving the estate to the wife, she can then give money to the children. Provided she survives for at least 7 years the gift is IHT free There is a Will dispute and the Will is being challenged or a claimant is saying that intestacy rules do not provide them with reasonable financial provision. If it is accepted that the claimant is likely to receive a share of the estate if their claim goes to court it may be sensible to vary the Will. For example, if a couple were in an unmarried relationship for 20 years but the deceased never got around to changing the Will that he made 30 years ago In an ideal world, people would ensure that their Will is reviewed and up-to-date, and tax efficient before they pass. However, family, work, and other commitments can all get in the way of estate planning. That’s why a deed of variation may be the solution to your situation. For expert advice on making a Will or for advice on a deed of variation call our team of specialist Will lawyers or complete our online enquiry form.

Parental alienation is a concept that has gained familiarity through divorce solicitors and child experts writing about the effect of parental alienation on the children of separated parents and on the parent who has been alienated. A recent family court case has suggested the use of the words ‘alienating behaviour‘ rather than labelling one parent as guilty of parental alienation. In this blog, our children law expert Louise Halford looks at the case and looks at how to approach child arrangement order applications involving allegations of alienating behaviour. As a specialist firm of Northwest family law solicitors, our lawyers can advise you on sorting out residence and contact arrangements after a separation or divorce and represent you in a child arrangement order application. For expert family law advice call our team or complete our online enquiry form. What is alienating behaviour? Alienating behaviour or parental alienation is where one parent turns a child against the other parent without good reason. You may think that there is never a good reason to cause a child to reject a parent but some level of anxiety about a parent-child relationship may be justified where there are, for example, very real fears of domestic violence or a concern that a child will get sucked into the other parent’s lifestyle choices, such as the parent’s drug or alcohol addiction. In other families, a parent may not have created the child’s feelings of aversion towards the other parent. The child’s feelings may be down to the child’s misconception that one parent was entirely to blame for the marriage breakdown and for the sale of a much-loved family home resulting in the child needing to change schools. In classic cases of parental alienation, there is no objective justification for the alienating behaviour. One parent, through no fault of their own, is squeezed out of their child’s life. Some parents decide to fight back and apply for a child arrangement order so they can continue a relationship with their child. That’s what happened in the case of Re C ("parental alienation" instruction of expert) [2023] EWHC 345 (Fam). The judge,  Sir Andrew McFarlane, said "The identification of ‘alienating behaviour’ should be the court’s focus, rather than any quest to determine whether the label parental alienation can be applied." That approach makes perfect sense as the behaviour needs to be the focus of the court investigation rather than the label. [related_posts] The Children and Family Court Advisory and Support Service (the independent body tasked with providing reports to the court in children law proceedings for child arrangement orders, specific issue orders and prohibited steps orders) have issued guidance on the sort of behaviour a child might display if they have been alienated against one parent by the other. Whilst the guidance is helpful, it’s best to not be too focused on blaming the other parent for your child’s response to requests for contact but to examine any other reasons for your child’s reluctance to see you. For example, older children can be heavily influenced by their friends or by their social commitments and they may hate the thought of spending time with either of their ‘uncool’ parents. Alternatively, a child may be anxious about a new school or about school exams but instead, refocus their anxiety on parental contact rather than address the real reasons for how they are feeling. The impact of alienating behaviour Alienating behaviour can have a devastating impact on a child’s relationship with either their mother or father. Once a child has been alienated and turned against a parent it can be extremely hard to change a child’s mindset that one parent is bad and that the other one is good and can do no wrong. A child’s simplistic view of their parents can lead to long-term emotional and psychological damage to the child. Initially, the child may seem happier that they have cut one parent out of their life, thus reducing the other parent’s antipathy to the weekly contact handover. However, in the longer term, the child may experience feelings of guilt or even reject the parent who encouraged them to stop or limit contact with their other parent. As family lawyers, we understand that many parents don’t foresee the consequences of being openly hostile or critical of the other parent. To some parents saying what they think about their ex-partner in the presence of their child is a way of letting off steam after a difficult separation and a way of verbalising their own feelings of hurt and rejection. It can be an immense comfort to one parent when a child takes their side and is supportive. However,  the parent’s feelings of anger can be projected onto the child who in turn then rejects their other parent, thinking that their views are all their own idea but, in reality, they stem from one parent’s alienating behaviour. Any child arrangement order application involving allegations of alienating behaviour needs to be addressed with a measure of sensitivity and caution. Whilst a parent denied contact with their child wants action, and most importantly wants contact with their son or daughter, it’s best to acknowledge how essential it is to move forward at the child’s pace to repair any damage created through one parent’s alienating behaviour. Our children law solicitors can advise you on sorting out residence and contact arrangements after a difficult separation or divorce and represent you in a child arrangement order application. For expert family law advice call our team or complete our online enquiry form.

When is a marriage a marriage? How do Sharia Law and Divorce work together? These are the questions that you may need to ask if you are considering separating from your husband or wife. Under English law, if a marriage is recognised as a legal marriage, a husband or wife can make financial claims against the other spouse’s assets. Whilst they might be able to make limited property claims as a cohabitee the financial claims that a spouse can make are wide sweeping. For expert family law advice call our team or complete our online enquiry form. The Nikah, Sharia Law and Divorce  Until a court decision a few years ago, if a Nikah ceremony was carried out in the UK the traditional Sharia law Nikah marriage wasn’t recognised in England and Wales as a legally valid marriage unless the couple also underwent a civil ceremony in a registry office. The second civil ceremony was classed as the legal marriage for official purposes. For most couples who celebrated a Nikah the thought that they were not considered legally married despite their traditional marriage ceremony, family celebration, and their recognition as a couple by family and friends, was repugnant. The law isn’t straightforward. If a couple celebrates a Nikah in a country that recognises Sharia law (and therefore the Nikah is a legally valid marriage in the country where the Nikah took place) the Nikah is recognised as a legally valid marriage in England and Wales. With the court ruling, a Nikah that takes place in England may be sufficient for a husband and wife to be classed as married even though they have not participated in a civil ceremony. Why is it important for a marriage to be legally valid in Sharia law and UK divorce law? If you are not legally married under English law then on separation you do not need to start divorce proceedings because under English law your relationship isn’t recognised as a marriage. Under the law, you are treated as if you were a cohabiting couple. That means that you can’t: Apply for spousal maintenance Apply for a share of your partner’s pension Apply for a share of your partner’s house unless you are a joint legal owner or have what is known as a beneficial interest in the property Apply for a share in your partner’s other assets such as shares in a family business if the shares are all held in his or her name As there is such a vast difference in how married and cohabiting couples are treated by the law on separation it is vital that couples know where they stand and whether their marriage is legally recognised or not. Divorce Court ruling on Sharia law divorce and marriage In a high court case, a Mrs Akhtar sought a divorce from her husband, Mr Khan. He opposed the divorce on the basis that they weren’t legally married having participated in a Nikah ceremony in a London restaurant conducted by an Imam with about 150 guests as witnesses to the celebration. The judge ruled that the marriage was void. This decision allowed Mrs Akhtar to bring the financial claims of a spouse, claims that she wouldn’t have been able to pursue if the court had ruled that the Nikah was a non-marriage. Does the legality of marriage ceremonies just affect those participating in Nikah weddings? Many people have been caught out, believing that they are legally married only to find out many years later that their ceremony isn’t a legally recognised marriage, for example, being married at a venue that doesn’t hold a licence to perform weddings and not subsequently participating in a civil ceremony. This can also affect couples who are married at a traditional Jewish ceremony or those participating in a Wicca marriage. [related_posts] Prenuptial agreements, marriage and divorce If a couple are wary of getting married in a legally valid ceremony of marriage because of the potential financial claims that arise from a legally valid marriage then the option of getting married with a prenuptial agreement in place might be the way forward. Prenuptial agreements are designed to stop or limit financial claims on divorce and can be a very sensible step if one or both parties to the marriage want to protect assets such as pre-owned property or shares in the family business. For expert family law advice call our team or complete our online enquiry form. Contact us for help with divorce and Sharia law.

If you aren’t a Cheshire Will solicitor you may not know where to start with making your Will. In this blog, we look at how to make a Will, something that we should all do to protect our loved ones. For expert advice on making a Will call our team of specialist Will lawyers or complete our online enquiry form. Why you should make a Will It is easy to keep putting off making a Will because you have too much to do or you aren’t sure what to put in your Will but a Will is something that we should all have, whatever our age, state of health, or personal or financial circumstances. If you die without making a Will then you or they die ‘intestate’. The law says where your money or estate goes to. The list of beneficiaries is set out in a statute and cannot be changed to suit your family circumstances or to do what you would have wanted if you had made a Will during your lifetime. For example, you may not have wanted the majority of your estate to go to a third wife but instead to a cousin that you were close to and who had been there for you throughout your life whilst your third marriage was of short duration. Alternatively, you may want to leave your estate to your grandchildren, skipping a generation and not leaving your money to your children. What do I need to make a Will? You don’t need anything to take the first step of making a Will as a Will solicitor can either talk you through the information that they need to prepare the Will for you or if you prefer, they can send you a Will questionnaire for you to complete. The main things that a Will solicitor needs to know to advise you on your Will and prepare it for you are: Roughly how much is your estate worth – you don’t need to get anything valued as all your Will solicitor needs is a very approximate ballpark figure so they know if inheritance tax will be relevant to your estate Whether all of your assets are in the UK – if you own property overseas then you may need another Will to cover your overseas-based property Whether any of your assets are jointly owned – if you own property jointly, for example, with a wife, husband, or civil partner, then your share in the property may pass outside of your Will unless you sever the joint tenancy and convert it to a tenancy in common Whether you have any dependants – a dependant could be a former husband or wife who is receiving spousal maintenance from you, a child receiving child support, or an adult child who is financially reliant on you, or your cohabitee or partner. Whilst you can leave your estate to whom you want as there is no legal requirement to leave all or a share of your estate to your dependants or family members, a Will solicitor can advise you on the prospects of a dependant trying to contest your Will and how to reduce the risk that your Will might be contested Whether you have any children or planned beneficiaries under the age of eighteen – if you do then you may want to consider the appointment of testamentary guardians in your Will for your children. You will also need to consider leaving money in trust for your children or minor beneficiaries The planned executors of your Will and beneficiaries- if you haven’t made any final decisions about your choice of executors (the people named in your Will as responsible for administering and distributing your estate) then don’t worry as your Will solicitor can discuss your options, including the appointment of family members, your private client solicitor or another professional as executor. When it comes to beneficiaries, your Will solicitor can talk you through your options and make sure that your Will is as ‘future proofed’ as possible so that if, for example, you want to leave all your estate to your husband or wife or a share of your estate to an older sibling there are ‘substitution gifts’ in your Will. That means that if your spouse predeceases you their legacy is shared (for example, between your children or in the case of your sibling between your nephews and nieces). Alternatively, the gift can fall back into your estate and form part of the legacy to your residuary beneficiary or beneficiaries [related_posts] When to make a Will Will solicitors say that it is never too early to make a Will or, if you have an existing Will, it is equally important to make sure that the Will is up to date and still reflects your circumstances and wishes. At any important life event, you should consider making or changing your Will. Life events include: Buying your first house – whether on your own or jointly with a partner When you get engaged to marry or enter a civil partnership When you sign a prenuptial agreement When you have children or adopt a child If you separate or divorce from a husband, wife, or partner If you form a new relationship or remarry If you suffer from ill health On retirement If you receive a legacy or inheritance. There are many other scenarios when you should consider making or changing your Will, such as the death of a beneficiary or an executor to your Will. Making a Will can be a very positive experience for you because: It makes you feel that you have taken steps to protect family members and loved ones You can say whom you would like to administer your estate through the appointment of executors of your Will You can safeguard young children with the appointment of a testamentary guardian You can use your Will and estate planning to minimise your estate’s liability to inheritance tax.  How to make a Will The easiest way to make a Will or to change an existing Will is to speak to an experienced private client and Will solicitor. They can look at your goals and objectives and work out how best to achieve them. This may include: Lifetime gifting Inheritance tax planning Lifetime trusts Trusts created in your Will and the flexibility and guidance issued to your trustees with discretionary trusts The structure of legacies and the disposal of your residuary estate Contingency legacies so, for example, a grandchild or children, will receive a legacy instead of their parent if their parent sadly passes away before you do so. Carefully drafted contingency legacies mean that your Will doesn’t have to keep being rewritten on the birth of a new grandchild How to try and ensure that the Will isn’t contested by a dependant leading to litigation against your estate. This can be achieved by carefully assessing what, if any, dependency claims can be brought against your estate and how to minimise the risk of a successful claim  How long does it take to make a Will? The role of a private client and Will solicitor is to make the Will process as simple for you as possible. It is possible to make a Will in a matter of hours but you may, depending on your family circumstances, want to reflect on private client and Will advice before finalising your Will. Your Will isn’t effective until it is executed. That involves your signing your Will witnessed by two witnesses. The best way to make a Will is to take the step of picking up the phone and speaking to a friendly and approachable private client and Will solicitor about your options so that you can achieve a well-drafted Will that protects your family and gives you peace of mind. For expert advice on making a Will call our team of specialist Will lawyers or complete our online enquiry form.

If your husband or wife has mental health issues it is natural to be concerned about whether you can get divorced and the impact of the divorce proceedings on your spouse. In this blog, our North West divorce solicitors examine the difficult topic of starting divorce proceedings where your husband or wife suffers from a mental health illness. For expert family law advice call our team or complete our online enquiry form. Starting divorce proceedings when a spouse is mentally unwell If your husband or wife is mentally unwell it may have nothing to do with the reasons behind your decision to separate or it may be a contributing cause. Divorce solicitors always recommend that before divorce proceedings are started you take the time to reflect on the reasons for marital difficulties and to see if the problems can be resolved. For example, through couple or individual counselling, a spouse sticking to a medication regime, or other strategies. If a marriage has irretrievably broken down then it is right to be concerned about the impact of divorce proceedings on your husband or wife if they are unwell. Making sure they have access to support from friends or family or professional help from a counsellor is a good starting point. Whilst divorce proceedings may sound stressful the reality is that getting divorced does not involve going to a court hearing or needing to blame your husband or wife for the marriage breakdown in the court paperwork. That’s because, with the introduction of no-fault divorce proceedings, there is no need to say why you want to get divorced. All you need to do is file an application (either jointly with your spouse or on your own) and then follow the new divorce court process to secure a final order of divorce. Mental capacity, divorce, and family law proceedings If your husband or wife is going through a mental health crisis there may be a question mark about their ability to make decisions within family court proceedings, such as your divorce application, negotiating a financial settlement, or responding to your application for a child arrangement order. Your husband or wife may not have what is referred to as the ‘mental capacity’ to make decisions. In other words, they cannot understand the decisions they are making or the impact of their decisions. If this issue is raised then a medical professional will need to see if the person has capacity. Mental capacity is not straight forward as a person may not have capacity even though they are living at home whilst someone who is sectioned in a hospital may have the capacity to play a part in court proceedings. Mental capacity can be affected by a whole host of conditions such as a diagnosed mental health condition ( for example, schizophrenia or personality disorder) or severe alcohol or drug abuse, or through a physical condition that may impact capacity, such as a stroke or seizure. A loss of mental capacity can be temporary in nature or permanent, depending on the nature and the severity of the condition. Assessing mental capacity Mental capacity is assessed by looking at whether your spouse has an impairment of their mind and if the condition means they are unable to make specific decisions when they need to. To be judged capable of making a decision your husband or wife needs to be able to understand the information they are being given, retain the information, and then be able to weigh it up to make a decision. [related_posts] Litigation friends and family law proceedings If your husband or wife does not have the mental capacity to make decisions in divorce, financial settlement, or child arrangement order proceedings you can still go ahead and make your application but your spouse will need to be protected by the court appointing a person to act as their litigation friend. You can not be appointed as their litigation friend as there would be a conflict of interests but a friend of your spouse or a family member could be appointed. Their job is to talk to the person who does not have capacity, to instruct their family law solicitor, and to act in their best interests. For example, your husband or wife may say that you can have everything (the family home, business, pension, and savings) but their litigation friend should be looking at what would be a fair financial settlement for both of you as your spouse will need somewhere to live and the means to support themselves. If no family member or friend can act as a litigation friend, then the Official Solicitor may be appointed as your spouse’s litigation friend. The appointment of any litigation friend will end if a spouse can show that they have regained their mental capacity. Divorcing a husband or wife with a mental illness Divorcing a husband or wife who suffers from mental illness brings added stress for you. Sometimes it can feel as if your mental well-being is being ignored because your ex-partner’s needs are so great. At other times, you may be caught up in feelings of guilt or anger. You may have felt driven to start a divorce or commence financial settlement proceedings or be experiencing distress because you have applied for a child arrangement order as you are concerned about your ex-partner’s behaviour towards your child. Whatever the reasons behind your emotional stressors, it is important that you have the right support behind you, including help from a specialist divorce solicitor with experience in advising those caught up in family law proceedings where one husband or wife suffers from a mental illness or is experiencing a mental health crisis. For expert family law advice call our team or complete our online enquiry form.

We are delighted to announce that we have expanded (again!) with the arrival of newly qualified solicitor Sarah-Jane Whittaker.   Sarah is the third of our new solicitor arrivals following closely on the heels of family lawyers Ellie Stokes and Eluned Roberts. Sarah will be mainly based at Evolve’s North Manchester office in Whitefield. She will work predominantly with Robin Charrot on divorce, financial settlements, and prenuptial agreements.   Robin Charrot says ‘It is no lie to say that I am really pleased that Sarah-Jane has joined the team in Whitefield. We were exceptionally busy so having an extra pair of hands is great news.   ‘Sarah is a recently qualified solicitor who is determined to specialise in family law. She has a particular interest in financial settlements. That’s good news as most of my family law work involves complex financial applications with disputes focussed on family businesses, trust arrangements, or complicated pension schemes. This type of solicitor negotiation and family litigation involves lots of documents and attention to detail. It, therefore, benefits clients to have Sarah-Jane working alongside me as well as managing her first caseload of no-fault divorces.   ‘With the arrival of young legal talent, like Sarah-Jane, Ellie, and Eluned, Evolve Family Law is investing in the future. After all, everyone at the office keeps telling me that I am not getting any younger with over 25 years of family law experience behind me. Evolve’s 2022 conversion to employee ownership has encouraged founders Louise Halford and me to invest in the next generation of family law solicitors so they share our ethos on what it takes to be a great family law solicitor and understand the importance of law as a service-led profession, here for our clients’.   Sarah-Jane has this to say ‘ After years of education and training in Cheshire and Manchester, including part-time studies whilst employed as a trainee solicitor, it is great to finally be a qualified solicitor in a niche family law firm.   ‘I love family law as I am a ‘people person’ and enjoy talking to clients about what matters to them. However, put an Excel spreadsheet in front of me and I am engrossed for the afternoon. Sadly, I also get excited about financial disclosure and finding hidden assets in financial settlement proceedings. That’s why it is working so well at Evolve Family Law as I can do some of the background work at a fraction of the cost of a senior lawyer so both the clients and I gain. It’s a win-win situation.   ‘As the first person in my family to go to university and work in a law firm, I think I have a greater appreciation than most about just how intimidating it can be to pick up the telephone to speak to a lawyer or to come to a first consultation. I aim to put everyone at ease so clients get the most out of talking to a divorce solicitor.’   If you need family law advice the expanded team of divorce solicitors at Evolve Family Law is here to help you.   For expert divorce, children law, financial settlement, and private client law advice call Evolve Family Law today