Divorce

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

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

It is difficult if you are getting divorced or are contemplating separating from your husband or wife, to answer the question "Can I give property to my relative?’’. On the one hand, you do not want your marital troubles to affect your decision to give money or property to a relative. On the other hand, you do not want your actions to appear as if you are deliberately trying to give assets away so your husband or wife will not be able to make a financial claim against the asset in any subsequent divorce and financial proceedings. Our Manchester divorce solicitors acknowledge that it is a tricky issue. What can be a genuine gift to a relative can be perceived as a clever ploy to reduce a divorce financial settlement. In other cases, a gift of property or money to a relative can easily be seen as a clumsy attempt to try to defeat a spouse’s financial claim. Take the case example of a husband transferring his share in a property investment portfolio to his wealthy brother, the week before the husband leaves his wife. If a husband or wife wants to make a claim against the property given away to an elderly or impoverished relative, the spouse can be viewed as greedy. Take the case example of a wealthy husband and wife, where the husband paid for his parent’s council home so his parents could own their own home and have security.   There are many examples of where either a husband or wife has given money to a relative, only to find that their spouse challenges the gift in later divorce financial proceedings. Take the real life case of lawyer, Melanie Panzone and her former husband and banker, Jonathan Read. He bought a holiday apartment in Panama for £300,000. Fair enough, you might think. However, ownership of the apartment was put in his mother’s name. Mr Read said it was a thank you for all his mother had done for him.    A family judge ruled that Mr Read beneficially owned the apartment. This meant the asset was brought into the equation in the divorce financial settlement. Mr Read’s mother disagreed with the ruling of the first and second family law judges. She has appealed the decision to the court of appeal.  If the court of appeal agrees with Mrs Panzone’s mother in law, then the holiday home apartment may be transferred back to her.  [related_posts] Property division in divorce: Can I give property to my relative? The case of Mrs Panzone and her ex-husband, Mr Read, and Mrs Panzone’s mother-in-law demonstrates what can happen if you give money or property to a relative, even if the transaction takes place prior to the breakdown of the marital relationship. Our Manchester divorce solicitors recommend that if you are contemplating a separation or are already going through divorce proceedings that you take expert legal advice before giving property or money to a relative. That is because if the gift is thought, by your ex, to be a device to reduce the size of their financial settlement, they could ask the court to set aside the property transfer and your relative could be invited to intervene in the divorce financial proceedings. That can add to the cost and the complexity of the financial proceedings.  Sometimes giving money to a relative whilst in the midst of divorce proceedings is the best way to resolve a financial impasse with your husband or wife. If you are not able to reach an agreement over whether a spouse should receive £x or £y as their financial settlement, the solution may be to give the difference to the adult children to fund a house deposit or to pay off part of their mortgage. After all, you may find with a bit of communication between husband and wife that they both planned to help their adult children with a lifetime gift. The key to successfully giving property to a relative is to: Take legal advice before making the gift – this applies whether or not you are contemplating a separation at the time that money or property is given away; Discuss your plans to give property to a relative with your spouse and other key family members; Record the agreement and the basis of the transfer of property to the relative – although the record of the agreement will not mean that your spouse cannot challenge the transfer it is evidence of the rationale behind the gift; If you are concerned that your spouse might challenge a large gift of money or property to a relative or the transfer of a large part of wealth into a discretionary trust then take legal advice on the option of a post nuptial agreement. The agreement could simply record that your spouse accepts that the transfer is a genuine gift to your relative or could be more wide ranging and set out how your remaining assets will be divided between you if you later decide to separate or divorce. A postnuptial agreement is just part of sensible estate planning, in the same way as making tax efficient lifetime gifts to relatives or making a Will.    For legal help with financial settlements and divorce, for help in intervening in financial proceedings or for advice on drawing up a postnuptial agreement please contact us

The government has acknowledged that its plans to bring in legislation to introduce no fault or no blame divorce proceedings and dissolution of civil partnership proceedings in England and Wales may result in an increase in divorce proceedings. The Secretary of State for Justice, David Gauke made a statement recently saying that people were holding off starting divorce proceedings until the new UK divorce law comes into force. The government thinks that when the new divorce law is brought in there may be a spike in the divorce rate but the divorce rate will then level off and ultimately will be about the same. Manchester divorce solicitors have welcomed the Divorce, Dissolution and Separation Bill as the Bill, when it becomes law, will remove the requirement to make allegations about spousal behaviour in divorce petitions. Proposed new divorce law The government is plans to change divorce law and civil partnership dissolution to: Remove the ability of a husband or wife or civil partner to oppose a divorce or dissolution of civil partnership in court; Make ‘’irretrievable breakdown’’ of a marriage or civil partnership the only ground for divorce or dissolution of civil partnership. There will be no need to prove one of the current ‘’facts’’ to get a divorce, such as unreasonable behaviour. Instead the spouse or civil partner seeking the divorce or dissolution of civil partnership will have to  provide a statement of irretrievable breakdown; Keep the two-stage decree nisi and the decree absolute divorce process; Provide a minimum timeframe of six months from start of the divorce petition stage to final decree absolute of divorce or civil partnership. This six month period is to allow time for reflection before the divorce proceedings or dissolution of civil partnership proceedings are finalised; Allow couples to jointly start divorce or dissolution proceedings should they elect to do so. Although the government minister has said that couples who are thinking about starting divorce proceedings or dissolution of civil partnership proceedings may delay their court proceedings until the divorce law reforms become law, divorce solicitors say that for some couples a delay in starting divorce or dissolution proceedings may not be in their interests. The current divorce law Currently there is no such thing as a ‘’no fault’’ divorce or dissolution of civil partnership. If you want to get divorced, without waiting, in England, you have to show that your marriage has ‘’irretrievably broken down’’ and cite either adultery or unreasonable behaviour. A civil partner can only cite unreasonable behaviour in a dissolution of civil partnership petition. Avoiding an acrimonious divorce    The top Manchester divorce solicitors believe that, in most cases, experienced divorce solicitors can help avoid any acrimony when starting divorce proceedings, based on adultery or unreasonable behaviour, by: Giving advice that in most situations the basis for the divorce proceedings or civil partnership proceedings will not affect the custody arrangements for the children or who gets the house ; and Preparing the divorce paperwork in a way that avoids unnecessarily inflaming any tension between a husband and wife or civil partners; and Helping a couple look at the major issues that need resolving, such as access and contact arrangements for the children, payment of child support and spousal maintenance and sorting out a financial settlement and financial court order. [related_posts] Should you delay your divorce?  Some couples are already asking top Manchester divorce solicitors if they should delay getting divorced now to avoid having to say that their partner has committed adultery or behaved unreasonably in the divorce petition. The top Manchester divorce solicitors say that: Starting divorce proceedings because of a spouse’s unreasonable behaviour or adultery does not have to increase animosity between a couple if there is a an explanation given by divorce  solicitors of why you are having to include the allegations in a petition; In some family situations, it is vital to start divorce proceedings without delay. For example, if you are worried that your spouse could start divorce proceedings in another jurisdiction or if you are concerned that a delay in starting divorce proceedings could reduce the amount of a financial settlement. For example, a spouse could spend a pension lump sum payment or a spouse could transfer or hide assets. Top Manchester divorce solicitors recommend that if you are contemplating a divorce or dissolution of civil partnership that legal advice is taken on the timing of starting court proceedings. That is because new legislation is not the only way of ensuring that you can get divorced without acrimony, as a lot depends on your choice of solicitor and willingness to communicate and compromise where appropriate. How can Evolve Family Law solicitors help? For advice on starting divorce proceedings or dissolution of civil partnership proceedings or for children law or financial settlement advice contact us Appointments available in Manchester and Holmes Chapel, Cheshire

Deciding whether to separate is never straightforward, whatever your circumstances. Sometimes the decision is not of your making and that can be as difficult to come to terms with. At Evolve Family Law, we talk to clients who are: • Not sure of what they want to do; or • Clear that divorce is the right option for them; or • Have been separated for many years and want advice on changing or enforcing financial or children court orders. Many people are wary about taking divorce advice because they think they should know what they want to do before they see a solicitor. That is not the case. Experienced solicitors always like to discuss options so you can make an informed decision about what is right for you. Should we separate? That is a tough decision that only you can make. As experienced Manchester divorce solicitors, we can talk to you about your legal options and potential outcomes. Many people canvass views from friends and family when deciding whether to separate. Everyone has his or her own experiences and agenda but what Evolve Family Law will not do is push you into a separation or divorce. When should I tell my partner? Timing can be crucial, as you may want to think about making sure that you have access to funds, your paperwork and possessions before talking to your partner. You may also want to make sure that you or your partner can have space away from one another. For some people that involves making sure they can stay with friends or family or that their partner can do so. If you are worried about your partner’s reaction, you may need an injunction. Talking to the children Ideally, parents should talk to children together so that the children know that both parents are going to continue to look after them, but in separate households. There is a lot of information and support available for both parents and children to help parents answer children’s questions in an age appropriate way. Leaving the family home It is always sensible to take legal advice from a Manchester divorce solicitor before leaving the family home. Many people think that if you leave the family home you will lose your claim to a share of the property. That is not the case but the decision to leave the family home can have a big impact on the children and on how long it can take to reach an agreement. Legal advice is therefore key to making the right decision, rather than feeling pressurised or desperate to leave, as you do not know your options. Secure your computer and your documents If you take the decision is taken to separate you may want to keep some information private. Think about changing passwords for your phone, laptop or computer. At a later stage, you will need to provide your financial documents and paperwork. If you are concerned that your partner may remove your paperwork make sure that you put it in a safe place as it can take time to obtain duplicate information. Joint bank accounts and credit cards If you and your partner have joint bank accounts and credit cards you may want to think about making sure that funds are not taken from the accounts. Ideally, this is something that should be agreed. However, if you fear that funds could be taken then accounts can be frozen or overdraft or credit facilities reduced. Many couples who are able to split up on an amicable basis continue to use a joint account until they reach a financial settlement. This is not appropriate for all families. [related_posts] Maintenance and child-support People worry about paying bills if they split up from a partner. Ideally, after taking legal advice, you and your partner will discuss financial support to include spousal maintenance or child maintenance until you decide, on a long-term basis, how assets and property should be split. Taking advice from a Manchester divorce solicitor will help you know what is fair and reasonable. If you cannot reach agreement then mediation may help you sort out temporary financial arrangements. If you and your partner struggle to agree then the court can make temporary financial support orders. Whether you decide to separate, divorce or stay Evolve Family Law can help you explore your legal options so you can make an informed decision. For legal help with divorce proceedings and financial claims or childcare arrangements please call Contact Us Today

As a Manchester divorce and family finance solicitor I spend my days negotiating financial settlements or representing clients in divorce and financial court proceedings.   However, after many years of experience in family law, I appreciate that even after you have secured a financial court order it is not over until a husband or wife has received their divorce financial settlement. The high profile case of Farkhad and Tatiana Akhmedova really emphasises just how difficult it can be to enforce a court order and get the money after a divorce financial settlement. The case of Farkhad and Tatiana Akhmedova In 2016, an oil and gas tycoon, Mr Akhmedov, was ordered to pay about 40% of his wealth to his wife, Tatiana. The award by the high court in London was hailed as one of the biggest divorce settlements at the time that it was made .That is because the Russian billionaire had been told by a London judge to hand over about 453 million to his ex-wife. Roll on two years; Mr and Mrs Akhmedov have hit the headlines again. Mrs Akhmedov has finally received some of her divorce financial settlement. The path to her getting the money has been far from straightforward. Mr Akhmedov reportedly did not agree with the court decision, believing it to be wrong. That left Mrs Akhmedov with a financial court order that said she should get a 90 million-art collection, property in England worth 2.5 million, a £350,000 car and a 350 million cash payment. However, the reality was that she had little more than a piece of paper from the court that was only worth anything if it could be enforced. Applying for a freezing order after the settlement As Mr Akhmedov had not complied with the financial court order and handed over the cash and property in accordance with the financial court order Mrs Akhmedov applied for a freezing order. She then employed specialist asset tracers to try to locate and unravel ownership of assets to ensure that she got her financial settlement. Although the figures for Mr and Mrs Akhmedov are eye watering it is nonetheless the case that freezing orders have to be considered either during or after financial court proceedings. After all, there is little point in obtaining a financial court order if it cannot be enforced because the assets have disappeared through sale or transfer to third parties. Recovery of assets after the divorce settlement The asset tracers employed on behalf of Mrs Akhmedov have recovered a helicopter that was used to transport people to Mr Akhmedov’s yacht. It is reported that the sale of the helicopter has raised just under 5 million. The yacht is impounded in Dubai. There is ongoing legal argument over seizure of the 300 million super yacht and the recovery of other assets. Enforcing the court order You may wonder why Mr and Mrs Akhmedov are locked in such an expensive court battle. The rationale behind Mr Akhmedov’s objection to complying with the London financial court order is, at its simplest, that he does not believe the London high court had jurisdiction to make the financial court order for a variety of reasons. Furthermore, Mr Akhmedov maintains that the assets are held in trust or by companies and therefore the financial court order cannot be enforced against them. Enforcing court orders: getting the money after a divorce financial settlement You may question how the case of Mr and Mrs Akhmedov is of relevance to anyone other than Russian oligarchs. However, the principles of enforcing court orders and getting the money after a divorce financial settlement are just the same whether you are seeking to recover multi millions or thousands of pounds. [related_posts] Tips on enforcing court orders after a financial settlement In my experience when it comes to getting your money after a financial court order it is sensible to: Plan ahead : ideally you should take legal advice before you separate so that you know where you may stand financially ; Get a tenacious solicitor : you will need a solicitor who is proactive and a specialist family lawyer if you need to try and find assets during the financial court proceedings and recover assets after the financial court order has been made; Think about enforcement and recovery when negotiating the financial settlement: sometimes you want the holiday property in Barbados as part of your divorce settlement. It does however reap rewards if you think about how easy it will be to enforce the court order before you finalise the financial settlement; Take advice on injunctions to preserve assets: if you fear your spouse will deliberately sell or transfer assets to defeat your financial claims you can apply for what is known as a section 37-injunction order; Take care with the wording of the financial court order: make sure that the order is expertly drawn up to help with enforceability. For example , if the court order says the family home is to be sold anticipate issues and have clauses put in about how the sale price will be determined or what happens if you receive offers on the property and cannot agree on the sale price; Do not delay: if you have a financial court order and it has not been complied with in the court ordered timetable do not delay in enforcing the court order. Delay may be very prejudicial to you, for example if your spouse is at risk of bankruptcy or might leave the UK making it harder and more expensive to trace assets. It goes without saying that as well as needing a tenacious divorce and family finance solicitor you also need to be equally tenacious and patient. These are skills that Mrs Akhmedov has probably had to learn since her 2016 financial court order. For legal help with financial claims in divorce proceedings or enforcing financial court orders please Contact Us Now

You would think that in the 21 century we would all know what domestic abuse is. Sadly, that is still not the case. As a divorce and children solicitor, I still come across spouses and other legal professionals who talk of ‘a bit of a push' or seem to think that the inappropriate behaviour was ok because the children did not see it. The good news is that domestic violence is now in the news for the right reasons as the government is introducing a new bill that will: Introduce a legal definition of domestic abuse to include economic abuse, as well as controlling and manipulative non-physical abuse; and Stop the cross-examination of domestic violence victims by their abusive ex-partners in the family courts ; and Make domestic violence perpetrators go into behaviour-changing rehabilitation programmes ; and Make victims of domestic violence automatically able to get protection when they give evidence in criminal trials ; and Clarify how “Clare's Law” should work. This law lets the police tell a member of the public if there are concerns over about previous violence committed by their partner ; and The creation of the role of national domestic abuse commissioner. They will improve the public services response and support for victims of domestic violence. What is domestic abuse? Some forms of domestic abuse are obvious but I will list them all: Physical abuse ; this can range from extreme violence to a punch , shove or push; Sexual abuse; this can be all forms of unwanted sexual contact; Psychological or mental abuse; this can range from extreme mind games to derogatory remarks , for example ,telling someone they are a ‘’nutter’’ ; Harassment ; this can range from stalking type behaviour outside someone’s home to online harassment on social media accounts; Coercion and control; this can take many forms; from not allowing a spouse to leave the family home unaccompanied to financial control and restricting a spouse’s access to funds. Some people will not recognise all of those behaviours as abusive but they are. Response to domestic abuse As a divorce and children solicitor, I meet husband and wives’ who have been subjected to domestic abuse. Their response can be: Accepting of the behaviour ; often a spouse will be told that the domestic abuse is their fault , for example , if only they did not ‘‘wind them up’’ it would not happen; Normalising the behaviour ; thinking that it is’’ just a bit of a slap’’; Denying the behaviour ; thinking that the domestic abuse is ‘’ all in their mind,’’ often after having been repeatedly told that they are the ones with the mental illness; Responding to the behaviour ; by starting to become abusive to their spouse or others as domestic abuse has become the ‘’norm’’ within the household; Justifying the behaviour; for example saying that the domestic abuse only happens because of a spouse’s stressful job or family pressures. However, someone responds to domestic abuse they will need help and support to come to terms with the impact of domestic abuse. The impact of domestic abuse Most experts are agreed that being subjected to or witnessing domestic abuse can lead to: Low self-esteem; Low mood; Isolation from friends and family; Indecisiveness. Often spouses take the decision to leave when they see the impact that adult domestic abuse is having on the children. A parent can be a loving mum or dad to their children but abuse their spouse. Even if the children do not always see the abuse, the atmosphere and tension can be very damaging to their welfare. [related_posts] Injunction court orders An injunction order is just one means of protecting a spouse or children from domestic abuse. An injunction is a court order stopping a named person from taking a step or ordering a step to be taken, such as: Stopping an assault or harassment by an ex- partner (called a non-molestation order); Ordering one spouse to leave a family home until the court decides what should happen long term with the family home  (called an occupation order ); Removing a child from one parent’s care if child abduction is a fear; Preventing one spouse from taking money and assets until the court decides how property and assets is split in the financial settlement (called a freezing order). If you are concerned about your children, the court can also make an urgent child arrangements order. This order settles with whom the children should live and whether they should have contact with the other parent. In a crisis, the court can make temporary orders in addition to injunction orders. How do you get an injunction order? You, or your solicitor, have to make a court application, supported by a statement and evidence. The evidence you need depends on what you are trying to stop or prevent. What are the grounds for an injunction order? The grounds depend on the injunction order that is requested from the court. If you are worried about your safety or the physical or emotional safety of your child, Evolve Family Law can assess your options, including the option of applying for an injunction order. Is an injunction order permanent? Normally injunctions are temporary court orders designed to help a family until they or, if necessary, the court is able to make long-term decisions about the custody and contact arrangements for a child or the sale or transfer of the family home. However, an injunction order can be an essential protective measure that is needed before long term decisions can be made. Legal help with domestic abuse If you need help to apply for or oppose an injunction or children application then our specialist team of family solicitors can help take urgent steps to protect you and your family. Contact Us Today  

It is often assumed that divorce and family money in trust is the preserve of the ultra-wealthy but that isn’t always the case as was established by the court proceedings concerning Henry and Ellen Wodehouse. It is reported that the money placed in trust by the late Earl amounted to about £600,000 but the trust fund was a discretionary trust with 15 potential beneficiaries including Mr Wodehouse’s stepmother. Henry Wodehouse, the third son of the Earl of Kimberley, whose claim to fame was that he was the most married UK peer having tied the knot 6 times before his death , has hit the headlines as a result of his own divorce. Why is that newsworthy? Henry Wodehouse’s divorce has hit the headlines because the financial battle between him and his estranged wife centred on money held in trust, set up under the terms of his late father’s Will. The case of Henry and Ellen Wodehouse was the subject of media reporting after it was said that Mrs Wodehouse was reduced to living on her brother’s boat after losing a Court of Appeal case that centred on whether she should get a £90,000 payment. Trusts are also often thought of as ‘’old money’’ but in Mr Wodehouse’s case the money had been placed in trust by his late father, rather than generations earlier. When a family court considers divorce and trusts the court’s first consideration is whether the trust is a nuptial trust or a non-nuptial trust. If the court finds that the trust is a nuptial trust the court has wide powers and can change who benefits from the money in the trust. If the trust fund is found to be a non-nuptial trust then the family court powers are far more limited. Normally  the court would focus on awarding the spouse who was not a beneficiary of the trust fund all or a greater share of the family assets , on the basis that the spouse who was a discretionary beneficiary of the trust fund would likely receive either capital or income distributions from the trust fund. Sadly that solution didn’t work for Mrs Wodehouse as, other than her husband's very modest pension, there were no other assets as all the equity in the family home had been eaten up by secured debt, leaving the trust fund as the only asset of substance until the Court of Appeal ruled that the particular trust was of a type that could not be ordered to pay Mrs Wodehouse a lump sum payment or be ordered to pay the amount to Mr Wodehouse to then hand over to his ex-wife.   Mr and Mrs Wodehouse married in 1992 and separated in 2011. During the marriage   Mr Wodehouse had his share of financial difficulties, being made bankrupt in 1990 and 2010.  Mrs Wodehouse had health problems making working difficult. The couple went to court to sort out how their property and money should be split. It was ascertained that whilst they owned a family home there was no money in it as there was more debt secured against the house than equity in it. Where did that leave Mrs Wodehouse? The first judge said she should get a lump sum payment and a share of her husband's pension. Mr Wodehouse appealed to the Court of Appeal saying that he had no money to pay the lump sum and that the court could not expect the trust fund to pay the amount of £90,000 to Mrs Wodehouse. His barrister argued that the trust fund was a discretionary fund, Mr Wodehouse had no entitlement to the trust money and the trust had not been a party to the original financial court proceedings. The Court of Appeal, whilst expressing sympathy for Mrs Wodehouse’s financial predicament quashed the lump sum payment but it did maintain the pension sharing order that provides for Mrs Wodehouse to receive half of her former husband's police pension. The income from the pension is modest and will not go anywhere towards discharging the reported family debt. How can Evolve Family Law Manchester Divorce Solicitors Help? The Wodehouse case is a cautionary tale but it should not deter spouses from making financial claims involving trusts. Equally the case highlights the importance of estate planning. Had the money not been placed in trust by Henry Wodehouse’s late father it is debatable as to whether the money would still have been available for Mr and Mrs Wodehouse to litigate over given the creditor’s claims but, through use of estate planning, money has been preserved. For legal assistance with trusts and financial claims on divorce or any other aspect of family law please contact us. Appointments available in Manchester and Cheshire.