Divorce

When you separate from a husband or wife you need to reach an agreement over what happens to the house and to decide how your assets are split. Until you do so your life can feel in limbo. Our North West divorce solicitors focus on helping you reach a financial agreement that meets your needs. One way to do that is through a private financial dispute resolution. Family lawyer, Robin Charrot, explains what a private financial dispute resolution is and why it may be the best solution for you. For family law advice call our team of specialist divorce lawyers or complete our online enquiry form. What is a financial dispute resolution hearing? A financial dispute resolution hearing is a stage in the financial settlement court process. Financial court proceedings follow a set path timetabled by the court: Financial application sent to court by the husband or wife The court issues the financial application and provides a court timetable Form E financial disclosure by the husband and wife First directions appointment hearing – a preliminary hearing Court-ordered valuations, reports and further financial disclosure is obtained Financial dispute resolution hearing – a settlement hearing Final hearing (if required) Step six, the financial dispute resolution (FDR) is a court or judge-led settlement hearing. The FDR judge hears legal submissions from the representatives of the husband and wife. The FDR judge then says what they think a judge at the final hearing might order if the application had to go to the expense of a final hearing. The financial dispute resolution hearing is designed to encourage a husband and wife to reach a financial settlement. Their financial agreement is made into a binding financial consent order by the FDR judge. You cannot be forced into reaching a financial agreement at a court FDR. However, it may be in your best interests to do so to save money and to avoid the risk of your ending up with less after a final hearing. A negotiated compromise ensures that you walk away from court with a financial settlement that you are satisfied with rather than one that a judge imposes on you after hearing evidence at a final hearing. If divorce lawyers can't negotiate an acceptable financial settlement for you at the FDR, they ask the FDR judge to list the financial application for a final hearing. The final hearing won't be listed before the judge who gave their settlement views at the FDR hearing. Any offers or concessions made at the FDR hearing cannot be brought to the judge’s attention at the final hearing. Do you need a court financial dispute resolution hearing to reach a financial settlement? You only need to start financial proceedings if you can't reach a financial agreement amicably. Ways to reach an agreed financial settlement include: A private financial dispute resolution arranged outside of the court process Solicitor negotiations Roundtable meeting Family mediation Arbitration Using the One Lawyer Service at Evolve Family Law Reaching an agreement using collaborative law Direct discussions between husband and wife A family law solicitor can briefly discuss each option and recommend the one they think would be best for you. For example, if your ex won't give financial disclosure the recommendation will be to start financial court proceedings as the court can order financial disclosure and enforce the order. What is a private financial dispute resolution? A private financial dispute resolution is like a court-based financial dispute resolution hearing but instead of waiting for a court date, the FDR takes place with a private judge (a jointly appointed barrister) in their chambers or at another agreed venue. In a private FDR, you and your husband or wife pay privately for the services of the FDR judge. In addition to these fees, you also pay the cost of your divorce solicitor and any barrister instructed on your behalf. [related_posts] Preparing for a private financial dispute resolution You and your family law solicitor need to be well prepared for the private FDR to ensure that it has the best chance of helping you reach a financial settlement. This is achieved through: Financial disclosure by husband and wife Asking any extra relevant questions about the financial disclosure and getting answers Any necessary valuations obtained. For example, a valuation of the family home, business or pensions Any necessary reports obtained, such as on the tax implications of the sale or transfer of assets Checking things like your housing needs, mortgage capacity, job prospects or other relevant factors Looking at what you want to achieve from the private FDR so you go to it understanding the FDR process and knowing what you are prepared to compromise on and what your ‘bottom line’ is What are the advantages of private financial dispute resolution over a court FDR hearing? The advantages of a private FDR are: A private FDR is quicker than a court FDR hearing. Court delays and backlogs mean there could be a substantial wait for a court hearing date. You may want to reach a decision quickly so you can sell the family home or shares in a family business A private FDR is more civilised. At court, you may be negotiating outside the courtroom in the corridor because of a lack of interview rooms or feel rushed because the FDR judge has several other cases. That doesn’t happen with a private FDR. Improved facilities and time together with separate consultation rooms improve the prospects of your being able to reach a financial agreement With a private FDR the divorce solicitors select the FDR judge. At a court-based FDR, you will be allocated a judge to hear the FDR. The judge at a court FDR may not have specialised in family law before becoming a part-time or full-time judge. In a private FDR, your divorce lawyers jointly select the person who will conduct the private FDR. This can be particularly helpful if there are complex aspects to your financial settlement or if you need your private FDR judge to have experience in a particular area of family law What happens if you reach an agreement at a private financial dispute resolution? If you reach a financial agreement over how to divide your assets at a private FDR your family lawyer will either prepare a document called a ‘heads of agreement’ or a draft financial court order. The financial consent order will be sent to the family court for approval together with a financial statement of information. The statement of information gives the court sufficient information for the judge to decide whether to make the requested order. The court normally makes the agreed order without raising any questions and without the need for a court hearing. Why do you need a financial court order after reaching an agreement at a private FDR? You need a financial court order from the court after reaching an agreement at a private FDR for several reasons: If your agreement includes pension sharing the pension administrator will require the sealed court order and final order of divorce before they can implement the pension sharing order Some mortgage companies need a copy of a court order before they will agree to remove one spouse’s name from the mortgage. Alternatively, the mortgage company may require the order as proof that one spouse is receiving spousal maintenance and therefore has sufficient income for their planned borrowing If the agreement cannot be implemented you need a financial court order to be able to apply to court to enforce what was agreed If you have questions about financial settlements after a separation or divorce our specialist Northwest divorce solicitors can help guide you to reach a financial settlement and secure a financial court order. For information on private financial dispute resolution hearings or advice on divorce or family law call our team of specialist divorce lawyers or complete our online enquiry form.

Statistically around half of marriages end in divorce in the UK. The information from the Office for National Statistics doesn’t tell the whole story though. Our North West family law solicitors answer your questions on marriages ending in divorce in the UK. For family law advice call our team of specialist divorce lawyers or complete our online enquiry form. The ONS marriage and divorce statistics in the UK The Office for National Statistics is the place for reliable marriage and divorce data. The website reveals that: In 2021, there were 113,505 divorces granted in England and Wales The divorce rate increased by 9.6% increase compared to the figures for 2020 Divorce rates in 2021 were 9.3 for men and 9.4 for women per 1,000 of the married population. These figures include same-sex marriages In opposite-sex couples in 2021, females were more likely to start divorce proceedings than men. Just over 63% of divorce applications were started by women For opposite-sex divorces in 2021, the average duration of marriage at divorce was 12.3 years For couples married in 2011, less than 1 in 5 marriages end in divorce by the 10th wedding anniversary Should we rely on the 2021 ONS divorce data? The problem with relying on the ONS data is: The latest figures are for 2021 and not 2024 The ONS statistics are for marriages but a large percentage of the population are in cohabiting relationships. Statistics for cohabitation relationship breakdown are not recorded The headline data figures do not show regional variances but in the North West of England the place with the highest divorce rate in 2021 was Blackpool The headline statistics of 113,505 divorces in 2021 do not indicate if the divorces were first, second or third marriages Family court statistics Family court statistics give us some statistical information for 2024. The family court figures for the period January to March 2024 reveal there were: 27,908 divorce applications made, equating to an 11% deduction from the same period in 2023 21,662 final orders of divorce granted, equating to an increase of 19% from the same period in the previous year Starting divorce proceedings in 2025 Although the historical 2021 statistics show a rise in divorce proceedings the reality is that if you are in the difficult position of applying for a divorce in 2025 then the statistics will mean very little to you. Your focus will be on navigating your divorce. With the introduction of no-fault divorce, the court proceedings are streamlined and less adversarial. You no longer have to say that your ex-spouse behaved unreasonably or committed adultery. However, a divorce still takes around six months to obtain. That’s because court rules require gaps at two stages in the divorce process to give time for reflection. Those gaps can't be avoided. Two of the main divorce stressors are not the decision to start divorce proceedings but: Reaching an agreement on the parenting arrangements for your children Dividing your assets, reaching a financial settlement and obtaining a financial court order Our divorce solicitors can guide you through the no-fault divorce process. We can also help you reach a parenting agreement and financial settlement. It's important that the childcare arrangement is recorded in a parenting plan and your financial settlement gets converted into a binding financial court order. Reaching an agreement on parenting or your finances does not necessarily mean that you must apply to the court for a child arrangement order or ask the court to make a financial court order. Our North West family lawyers can help you through: Legal advice in between family mediation sessions Converting a memorandum of agreement negotiated during family mediation into a binding court order Helping you reach an agreement through our one-lawyer divorce service Assisting you resolve parenting or financial issues through family arbitration [related_posts] Divorce consultations You may be worried about the legal aspects of your divorce. Many people have questions about: Should they start the divorce proceedings or allow their spouse to do so? Can they stay in the family home after they start the divorce proceedings? Will the children have to be co-parented on a 50/50 basis and how will that work practically with jobs and other commitments? Will a 50/50 parenting arrangement affect child support? Will spousal maintenance be payable and for how long? Who will keep the family home? Will they be able to get a mortgage on their own so they can buy another house? Can they keep their inheritance, pension or business? Will the prenuptial agreement stop their ex-spouse from making any claims? If the children don’t want to see a parent, will the children be forced by the court into a 50/50 split of their time between both parents' homes? Will the children be able to continue in private education after the separation? Who will have to pay the school fees? Our specialist family lawyers can answer all your questions. We may not be able to answer them all at the first meeting as we may need more information about things, such as the transfer value of the pension or your potential earnings capacity if a situation where you are worried about whether you will be able to get a mortgage or rehouse yourself without spousal maintenance payments. Relationship breakdown initial review At Evolve Family Law, our experts understand that you want and need answers to your questions, including pressing questions about whether your ex will have to pay the mortgage if they leave the family home. We provide a relationship breakdown consultation for a fixed fee. This involves one meeting with a qualified lawyer regarding all legal and practical aspects of your separation and advice. If you decide that you would like us to start divorce proceedings on your behalf there is a separate divorce fixed fee. We also try to offer fixed-fee services for other legal services, such as converting your financial settlement into a binding financial court order or making a new Will after your separation. All our experienced family law solicitors are committed to helping you through your divorce proceedings and assisting you in reaching a parenting agreement and financial settlement as quickly as possible. For family law advice call our team of specialist divorce lawyers or complete our online enquiry form.

There's a lot to think about when you are getting divorced. One of your priorities when separating will be the living arrangements for your children followed closely by your financial settlement and whether you will stay in the family home or get a share of your spouse’s pension or business. Your Will may be low on your list of priorities when you are in the middle of no-fault divorce and financial settlement proceedings. Our Will solicitors understand this but can quickly and efficiently sort out a new Will for you when you are ready to do so. In this article, our Will solicitors explain how a divorce affects your Will and why it's important to prioritise a new Will. For expert Will advice call our team or complete our online enquiry form. Does divorce cancel an existing Will? Divorce does not cancel a Will made during your marriage. However, divorce has an impact on your Will. If you are unaware of the automatic effect of a divorce on your Will you need to speak to a Will lawyer for advice and a new Will. Divorce does not: Revoke a Will made during your marriage Reinstate a Will made before your marriage Leave you without a valid Will – but depending on the terms of your Will all your estate could pass under intestacy rules despite your having a valid pre-divorce Will Divorce does: Leave you with a valid Will but your ex-husband or former wife is treated in law as if they died when the marriage ended by divorce Leave you with no or one less executor if you appointed your former spouse as an executor of your Will Leave all or part of your estate to be dealt with under the intestacy rules if you left all or a share of your estate to your husband, wife or civil partner and you did not say in your Will who would inherit if they died before you Many Wills made during a marriage or civil partnership appoint a spouse as the executor and leave the entire estate or most of it to the spouse or civil partner. This type of Will is worthless after divorce and needs to be updated quickly. Why do you need a new Will when you divorce? Separation or divorce should always trigger a review of your Will. You should not assume that if your former spouse won't inherit under your Will the intestacy rules will allow your preferred family member to inherit your ex-spouse’s inheritance. If you want your children to inherit your estate instead of your former spouse you may need to appoint trustees if your children will potentially be aged under 18 when they inherit. Making a Will allows you to decide the age when your children will receive their inheritance. You may want your children to receive their legacy at age 25 with a clause in the Will to give your trustees the power to advance income or capital to your children for agreed purposes, such as a house deposit or to help fund university fees. If you have a blended family with a new partner and children from previous relationships and step-children it is essential to consider signing a new Will. Under intestacy rules, unmarried partners and stepchildren don’t inherit a share of your estate. If you don’t sign a new Will there's a greater risk of the Will made during your marriage being challenged. For example, if your new partner won't inherit anything because the money left to your ex-spouse in your Will now passes to your wealthy parents under the intestacy rules. A Will prepared by a specialist Will solicitor can reduce the risk of your Will or the intestacy provisions being subject to an estate challenge and court claim alleging that reasonable financial provision was not made for a claimant. [related_posts] Can an ex-spouse claim a share of the estate even though they no longer inherit under the old Will made during the marriage? Depending on the financial settlement reached with your former spouse an ex-spouse can potentially claim a share of your estate by saying the Will and the intestacy rules don’t make reasonable financial provision for them. Ex-spouses can potentially make a claim on the estate if you did not obtain a clean break financial court order. In many divorce settlements, a clean break financial court order is inappropriate. For example, when there are young children or after a long marriage and there isn’t enough capital or equity in the family home to achieve a clean break. The court order may therefore include spousal maintenance. To reduce the risk of litigation against your estate your Will solicitor can advise you on how best to prepare a new Will. For example, you could include a trust in your Will and write a letter of wishes to your trustees so they have your guidance but the trustees can exercise their discretion to resolve an estate claim as cheaply as possible. The ability to settle a claim leaves more of your estate available for your intended beneficiaries. At Evolve Family Law our Will solicitors will ensure you get estate planning advice that is tailored to your personal and financial circumstances and are happy to advise if you think your existing Will needs reviewing because of a separation, divorce, new relationship, remarriage or a change in your beneficiary’s circumstances. For expert Will advice call our team or complete our online enquiry form.

When you split up from your husband or wife you need a financial settlement and a financial court order. A financial settlement can be negotiated or decided on by a judge if you cannot reach an agreement. Whether you reach a financial settlement by agreement or after issuing financial court proceedings it's essential to understand your financial settlement legal costs. In this blog, our North West family law solicitors explain financial settlement costs. For family law advice call our team of specialist divorce lawyers or complete our online enquiry form. How much should a divorce cost? Your no-fault divorce is normally an agreed fixed fee. Divorce solicitors can offer you a fixed fee divorce because there is a standard procedure to follow to help you secure your divorce. In addition to your no-fault divorce legal costs, you may have additional legal fees: Financial settlement Legal advice on living arrangements for your children Injunction costs if there has been domestic abuse in your relationship How much should a financial court order cost? It is impossible to offer everyone one fixed legal fee for a financial court order because there are so many variables, such as: Your ex-partner won't give financial disclosure Your former spouse is hiding assets Your ex won't sensibly negotiate If you can reach a financial settlement our divorce solicitors may be able to offer a fixed fee financial court order. If you can't agree on how assets are split our specialists will give you a cost quote for court representation based on what we know about the complexities of your family finances. What is a fixed fee financial court order? A fixed fee financial court order is when your financial settlement lawyer has agreed to obtain a financial court order for you at a fixed cost. That’s normally where you have reached a financial agreement through: Solicitor negotiations Family mediation Direct discussions Fixed fee financial court orders at Evolve Family Law At Evolve Family Law we offer three types of fixed fees for financial court orders. The financial court order fixed fees reflect the amount of work involved in securing your financial order: Tier 1 – an agreed financial settlement without complicated assets Tier 2 – an agreed financial court order with more complex assets, such as a pension share Tier 3 – bespoke fixed fee quote as your agreed financial settlement involves a trading family company or there are international assets Our divorce solicitors can explain the fixed fee for your financial court order so you know how much you will spend in total fixed fees for your no-fault divorce and agreed financial court order. Why can't I get a fixed fee for representation in financial proceedings to obtain a financial court order? If you haven’t been able to reach a financial settlement with your husband or wife then one of you may need to apply to court for a financial court order. Every financial application is different but normally there are three financial court hearings: First directions appointment Financial dispute resolution hearing Final hearing Some couples have extra financial court hearings, such as: Injunction application to stop your spouse from transferring or selling assets Interim spousal maintenance because temporary maintenance can't be agreed Extra financial disclosure hearing because your ex refuses to disclose all their assets Third-party involvement such as parents with a financial interest in the family home or the trustees of a discretionary trust [related_posts] Why don’t divorce solicitors offer fixed fees for representation in financial court proceedings? It's hard to offer a fair fixed fee for representation in non-agreed financial court proceedings because there are so many variables, such as: Time to investigate if assets are complex such as family businesses or discretionary trusts Time for final hearings as the final hearing could be a day or a week in length The amount of paperwork as the documents to check can run to hundreds or thousands of pages The need for experts such as pension actuaries, forensic accountants or barristers Fixed fees may not be fair to you when there are so many unknowns. For example: You and your ex may settle at the first court hearing Things may not be as complicated as they first appeared At Evolve Family Law we provide a financial settlement cost quote based on the information you give us. That quote is based on our hourly published charges. The fees can be broken down into stages and court dates. The fees can be reviewed as your financial court proceedings progress. For example, if you need to apply to court to enforce a financial court order. Understanding your divorce and financial settlement legal fees Our divorce solicitors believe it’s important to understand your legal fees. That way you can help keep them under control. Judges sometimes warn warring husbands and wives that they are at risk of spending too much on legal fees. In the recent case of LI v FT (Maintenance Pending Suit: Costs) [2024] EWFC 342 (B) (19 July 2024) the judge pleaded with a divorcing couple to rein in their legal spending before they ran out of money. This case is an extreme example as the couple had spent £40,000 in fees in a month and could not continue to afford that level of legal expenditure despite the husband's annual salary of £350,000 plus bonuses. The judge said every pound the couple spent fighting each other was a pound that would no longer be available for them and their children. That’s something important to remember as while you don’t want to be a push over you also don’t want your divorce solicitors to be the only winner in your battle to get a fair financial settlement. At Evolve Family Law our divorce solicitors welcome inquiries to discuss how we can help you secure an agreed financial court order or represent you in financial proceedings and to give you information about costs and timescales. For family law advice call our team of specialist divorce lawyers or complete our online enquiry form.  

When you are looking for a Northwest divorce solicitor two of your questions may be the cost of a divorce and the divorce lawyer’s speed and ability to deliver on a promise of a quick divorce. In this blog, our divorce solicitors answer your questions on divorce costs. For expert divorce advice call our team of specialist divorce lawyers or complete our online enquiry form. How much does a quick divorce cost? At Evolve Family Law we believe in being upfront about our fees and publish our fixed fee costs on our website. We offer fixed fees for a range of family law services including a fixed-fee divorce service if you are the sole applicant for a divorce. The fixed fee divorce service is appropriate for most divorce applicants but won't be appropriate for your circumstances if your spouse intends to oppose the divorce or if you do not know where your spouse is living or if your spouse is living overseas. We welcome phone calls to discuss starting divorce proceedings and to offer information on the likely costs. For example, if you would like a quote to make a joint divorce application with your husband or wife or if your spouse lives overseas and you need a bespoke divorce quote. Most people benefit from an initial relationship breakdown consultation at a separate fixed fee so we can provide preliminary advice and advise on your best route. If you are trying to compare other fixed-fee divorce quotes you should check that those quotes include VAT and the divorce court fee. Our quotes do so to ensure you know the final figure. What does a fixed-fee divorce quote cover? A fixed-fee divorce quote covers: Advising you on the procedure for a no-fault divorce Preparing the divorce application and statement Applying to court and submitting the application and fee Corresponding with the court and your spouse Applying for your conditional order of divorce Applying for your final order of divorce The final order concludes the divorce proceedings. The fixed fee quote does not cover the situation where your spouse decides to defend your divorce application. This is very rare because, in no-fault divorce proceedings, a respondent can only defend a divorce on limited grounds. For example, a divorce can be defended if your spouse says you are not legally married to one another or if divorce proceedings have already been started in another country. A respondent to a divorce application can no longer oppose the application simply because they don’t want to get divorced. [related_posts] What isn’t included in a fixed-fee divorce quote? It's important to understand what isn’t included in a fixed-fee divorce quote so you can fully budget for your legal costs. The fixed-fee divorce quote covers the divorce application. It does not cover an initial consultation meeting to discuss matters such as: Whether you can get your husband or wife to leave the family home Whether your spouse will need to pay you spousal maintenance or child support until you can agree on a financial settlement Child care arrangements for your children including residence and contact Advice on potential financial settlement options Help with applying for a non-molestation order or occupation order We offer a relationship breakdown consultation initial review meeting for a fixed fee where we can discuss your preliminary legal questions about your separation and provide advice on your next steps. If you reach a financial agreement with your spouse, we also offer a fixed fee service to convert your agreement into a binding financial court order. Wherever possible we offer fixed-fee services. Where it is not possible to do so, we give you clear information about the hourly rate used by your divorce solicitor and provide information about the likely costs and timescales. Some people question why family law solicitors can't provide a fixed fee to obtain a child arrangement order or financial court order. That's because a child arrangement order application may involve one court hearing or ten hearings. A financial application may settle at the second court hearing (called a financial dispute resolution hearing) or a complex financial court application may result in a ten-day contested final hearing. For accurate cost information, it is always best to speak to our specialist family law solicitors as they will be able to give you an idea of costs and timescales if you need bespoke children law or divorce financial settlement advice. How long does a quick divorce take? Any divorce solicitor will take around six months to complete your divorce application and secure your final order of divorce. You may think that isn’t quick but the divorce timeframe isn’t down to your divorce lawyer. It takes around six months to get a no-fault divorce because the court imposes mandatory delays on you. Court rules say you must wait 20 weeks between stages one and two of your divorce and then there is a further six-week wait between your conditional and applying for your final order of divorce. Our divorce solicitors understand that the delays in the divorce process can be frustrating, especially when your spouse has agreed to a quick divorce. While we cannot shorten the mandatory delays, we can use the time to help you negotiate the parenting and contact arrangements and help you negotiate a financial settlement. If you reach a financial agreement, we can ask the court to make a financial consent order once you have got your conditional order of divorce. For friendly expert divorce advice call our team of specialist divorce lawyers or complete our online enquiry form.

A Form E does not form part of the no-fault divorce proceedings process so Form E isn’t compulsory in divorce. However, if you or your spouse can't reach an agreed financial settlement and one of you applies to the court for a financial order, you will be ordered to complete a Form E. In this article, our North West family law solicitors look at when you need to complete a Form E and why. For expert family law advice call our team of specialist divorce lawyers or complete our online enquiry form. What is Form E? Form E is a standard court form that must be completed if you apply for or respond to a financial application made under the Matrimonial Causes Act 1973 – when you and your estranged or ex-spouse have not been able to reach a financial agreement. In the Form E, you must provide standard personal and financial information. Form E is intended to form the starting point for any further questions about your finances or plans. It will stand as the basis for your evidence if you have to go to a final hearing and give verbal evidence. As Form E is a crucial document in the financial court process it is important to get legal advice from a specialist family lawyer on how to complete it. Form E and unmarried relationships The Form E only needs to be completed if you are or were married or in a civil partnership – you don’t need to complete Form E if you or your ex-partner were in an unmarried relationship. Form E during or after divorce proceedings There is a common misunderstanding that Form E forms part of the divorce proceedings court process and that you need to fill it in to get a divorce. You don’t. You can get divorced without either you or your spouse applying to the court for a financial order. The judge does not have to make a financial order before they grant a conditional order of divorce or final order. However, most family law solicitors recommend that you don’t finalise your divorce proceedings until you take advice from a divorce lawyer on whether it is in your best interests to do so. For example, if you get divorced you will not be entitled to money from your spouse’s pension if they die before you. Without a financial court order in place, you won't be entitled to a share of your former spouse’s pension fund through a pension sharing order. That’s why you may want to sort out your divorce financial settlement before you apply for the final divorce order. If you are divorced or are in the process of getting divorced, and you decide to apply for a financial order, the court will process your financial application and make a standard direction and timetabling order. This will include a date for filing and exchanging Form E. Form E if you have reached a financial agreement If you have reached a financial agreement with your husband, wife or civil partner you won't need to file a Form E if you are asking the court to convert your agreement into a binding financial consent order. Instead, you will both need to complete Form D81. Form D81 is the abbreviated name for a statement of financial information. It is a couple of pages long compared to the 30-page Form E but you still need to disclose the value of all your assets. The judge won't approve an agreed financial consent order unless you are either mid-way through a financial application and have filed the long Form E or you complete Form D81. [related_posts] Form E if you are applying to vary an earlier financial court order If you are asking the court to vary a financial order you will still need to fill in Form E but you may not have to complete all of it. For example, if your application is to vary the amount of spousal maintenance or to extend the spousal maintenance term. Form E if you signed a prenuptial agreement If you signed a prenuptial agreement or a postnuptial agreement, you may question why you need to complete a Form E. You won't need to do so if you and your spouse are asking the family court to make an agreed financial court order in accordance with the terms in your prenuptial agreement. You will both need to complete Form D81. If you or your spouse think that the terms of the prenuptial agreement are unfair and one of you is asking the judge to ignore the contents of your prenuptial agreement you may need to complete a Form E. The person who wants to rely on the prenuptial agreement can ask for a preliminary hearing for the judge to rule on whether Form E completion is necessary and justified. Compulsory Form E Form E is compulsory in a financial application. The court will give a date for completion and exchange of Form E as part of the financial disclosure process. If Form E isn’t completed on time this can throw out the court timetable. If you are ordered to complete Form E it's best to speak to a family law solicitor quickly rather than leave it to shortly before the Form E filing deadline. If you have left it late, or you are beyond the court deadline, it's still best to get advice. A divorce solicitor may be able to get your spouse and their solicitor to extend the deadline and will be able to advise you on how to complete Form E and represent you in the court application. Many people resent the compulsory nature of Form E. They think it is intrusive or irrelevant. For example, if they were only married for 12 months or signed a prenuptial agreement. Others think that they can ignore parts of Form E. For example, not include a pension because it was started before the marriage or an inheritance because it was received after the separation. Others don’t realise that they need to complete Form E fully and the relevance of questions about health or their plans to cohabit with a new partner. A family lawyer can explain why all these Form E questions are relevant and why all assets must be disclosed even if you have a good argument to say that the value of some assets, such as a post-separation inheritance, should be ignored when the judge makes their financial court order using the argument that the asset is not a family or matrimonial asset and should therefore be ring-fenced. Voluntary completion of Form E Many separating couples voluntarily agree to exchange Form E during solicitor negotiations, family mediation, or if they agree to participate in family arbitration or a private financial dispute resolution hearing. In many scenarios, it makes sense to voluntarily fill in Form E as unless Form E are exchanged your spouse may think that you are trying to hide assets or they will say that they don’t have the information they need to reach a financial settlement. Whether you are filling in Form E on a voluntary or compulsory basis our specialist family law solicitors can help you complete Form E and advise you on your financial settlement options or we can convert your agreement into a binding financial court order. For expert family law advice call our team of specialist divorce lawyers or complete our online enquiry form.

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

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