No-Fault Divorce
Divorce solicitors have campaigned for years for divorce law reform and it is finally happening. Whilst that is great news, in this article we take a look at what the reforms mean and whether you should wait to apply for a no-fault divorce and the potential benefits of not waiting when you can apply for a divorce now.
For expert Divorce, Children and Financial Settlement advice call our team of specialist divorce lawyers or complete our online enquiry form.
In this article, divorce and financial settlement solicitor, Robin Charrot answers your questions on your divorce options and the importance of getting the timing of your divorce right.
Your divorce questions answered on:
What is no-fault divorce?
When is divorce law changing?
Can you get a no-fault divorce now?
Do the ground for your divorce matter?
Should you wait for divorce law change or divorce now?
What is no-fault divorce?
No-fault divorce is when you get a divorce without having to blame your husband or wife for the marriage breakdown in the divorce petition.
It is possible to get a no-fault divorce now, but no-fault divorce will become the norm when the law changes.
Even if you do not have the grounds to get a no-fault divorce now, you may be able to divorce amicably and quickly without having to wait for the no-fault divorce law to come into force.
The timing of your divorce can have long term financial and other implications for you, so it is best to talk to a divorce solicitor about when to start divorce proceedings.
When is divorce law changing?
The Divorce, Dissolution and Separation Act 2020 reforms divorce law in England and Wales with the introduction of no-fault divorce.
Couples will be able to apply for a no-fault divorce under the new law from the 6th April 2022.
However, if you don’t want to wait for the change in divorce law, you may be able to get a no-fault divorce now or get divorced amicably.
Can you get a no-fault divorce now?
Under current divorce law you have to file a petition for divorce that says your marriage has irretrievably broken down and cite one of five facts. Two of those facts can give you a no-fault divorce now. They are:
Separation for two years or more and your husband or wife agrees to a divorce or
Separation for five years or more, in which case you don’t need your husband or wife's consent to the divorce.
There are three points to make about divorce based on separation:
You do not need to have lived in a separate house to your husband or wife for the two or five years provided that you have lived separate and apart in the same household. A divorce solicitor can explain what this means and if this fits with your circumstances.
Even if you have not been separated for long enough to get a divorce using the current divorce law on separation, you can still reach an agreement about your future divorce by signing a separation agreement and parenting plan. This will make things easier for you when you do start divorce. proceedings and you can start to implement your financial settlement now. For example, by arranging for the family home to go on the market for sale or starting the ball rolling with getting the house and mortgage transferred from joint names to one name.
If you have not been separated for long enough to get a divorce using the current law on separation and divorce, you can probably still get an amicable divorce without having to go to court to get your decree absolute.
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Do the grounds for your divorce matter?
If you want to get divorced now, and you have not been separated from your husband or wife for at least two years, you can still start divorce proceedings now if your marriage has irretrievably broken down and your husband or wife has:
Committed adultery or
Behaved unreasonably or
Deserted you.
There are six points to make about ‘fault divorce’:
You do not need to name a third party in the divorce proceedings based on adultery.
A divorce on one of these three reasons takes the same time for the divorce court to process the divorce as a divorce based on separation.
Divorce solicitors can normally agree the allegations of unreasonable behaviour so they don’t cause upset to your husband or wife.
You will not have to go to a court hearing for your divorce if your husband or wife agrees to the divorce.
The fact that you have started divorce proceedings using adultery or unreasonable behaviour or desertion will not affect the financial settlement or the children arrangements.
There may be reasons why it is best, in your circumstances, to get divorced now rather than wait. A divorce solicitor can explore why it may be better for you to get divorced straight away rather than wait until after the 6 April 2022.
Should you wait for divorce law change or divorce now?
There are many reasons why it may be in your best interests to start divorce proceedings now rather than wait. Every family situation is different so speak to a divorce solicitor about what is best for you in your individual circumstances.
Some reasons why it may be best to start divorce proceedings now are:
Emotionally you can't wait and you want to get on with your divorce.
Your husband or wife doesn’t mind unreasonable behaviour or adultery divorce proceedings being started as they know the divorce petition is a ‘means to an end’ and they can't see a reason to wait.
Your children feel as if they are in limbo or think that you and your spouse will get back together as you are not getting divorced straight away.
Your husband or wife won't agree to the sale of the family home or other assets and you can only apply for a financial court order if there is a divorce petition filed at court.
You want to remarry as soon as possible because you are expecting a child with your new partner or your new partner is in poor health.
The tax consequences of divorce and financial settlements mean that in your financial circumstances it is better not to wait until the new tax year.
You are in an abusive relationship.
You are in need of urgent financial support and spousal maintenance as your husband or wife won't pay towards the mortgage or household bills.
You fear child abduction or have other urgent children law related worries.
You think that you husband or wife will sell or transfer assets to their family or friends to try to reduce your financial settlement by continuing to hide assets or syphon money.
You are concerned that your husband or wife could start divorce proceedings in another country and the financial settlement that you would receive from a court in the other country would not be fair or meet your needs. There are special considerations if your family has overseas connections and you need international divorce
You are worried about the consequences of delay as your husband or wife is running up debts and you fear they may be made the subject of a bankruptcy petition.
You husband or wife is due to get their cash free lump sum pension payment and you are concerned that they will not preserve the money so you won't get a fair financial settlement. There are special considerations for divorce in retirement.
There are many other reasons why you may want to divorce now. Our divorce solicitors will talk to you about your family and financial circumstances and work out which approach is best for you.
For expert Divorce, Children and Financial Settlement advice call our team of specialist divorce lawyers or complete our online enquiry form.
Robin Charrot
Mar 10, 2022
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7 minute read
Shareholder Disputes and Divorce
It’s bad enough to separate or divorce but even harder to going through a shareholder dispute as well. Northwest divorce financial settlement solicitors recognise that if you are in business with your husband or wife you may be facing a shareholder dispute in addition to court proceedings over your family law financial settlement.
In this article, divorce and financial settlement solicitor, Robin Charrot answers your questions on shareholder disputes with your former partner when you are going through divorce proceedings and trying to reach a financial agreement over how your family assets are divided.
For expert Divorce and Financial Settlement advice call our team of specialist divorce lawyers or complete our online enquiry form.
Your divorce shareholder dispute questions answered on:
Are business assets relevant to divorce proceedings?
What happens when spouses are shareholders in a family business?
Can a divorced couple agree to continue in business together?
Can I ringfence business assets so they aren’t relevant to divorce proceedings?
Role of a shareholder agreement in divorce proceedings
Valuing a business in a shareholder dispute or divorce proceedings
Are business assets relevant to divorce proceedings?
Business assets are potentially relevant to divorce proceedings and will need to be disclosed as part of your financial disclosure. That’s the case whatever the length of your marriage. However, when the family court makes a financial court order the family law judge will take a range of factors into account, including your respective needs, the length of your marriage and whether you owned the family business before your marriage. The weight given to these and other factors will depend on your personal and financial circumstances.
Business assets are relevant to divorce proceedings if you are a shareholder or a partner in a business or sole trader. The fact that your husband or wife or civil partner has played no role in the business doesn’t mean that the family court won't say that your business is a family asset. Even if the court concludes your business isn’t a family asset, in the divorce proceedings a court can still use the value of a non-family asset in the financial settlement where there is a need to share non-family assets to meet needs.
It’s best to not get too tied up into arguing over whether your business is a family asset or not and instead take get some expert help on the likely overall financial settlement and on how the impact of the financial settlement on the business can be minimised.
What happens when spouses are shareholders in a family business?
If you and your husband or wife are both shareholders in a family business then you need to make sure both corporate and family law is followed. Divorce financial settlement solicitors say family law trumps company or corporate law because even if company law says your husband or wife owns fifty percent of the business, in the divorce financial settlement proceedings the family court has the power to order the sale or transfer of shares.
If you are getting divorced and you are in business together it can be particularly tough when you both work in the same environment. It’s best to try and keep business and private stuff separate, if you can, so the business isn’t affected by your separation as it’s unlikely to be in either of your interests for the business to suffer because you are struggling to work together until a financial settlement is reached.
If you can't work together, even on a temporary basis, then you need to look at whether one of you working from home or other strategies can help you both remain in the business whilst you sort out the divorce financial settlement.
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Can a divorced couple agree to continue in business together?
A divorcing couple can decide to remain in business together after their divorce. A financial court order should set out post-divorce ownership of the business and a shareholder agreement should be drawn up so there is agreed procedure on important points, such as dividend policies or share voting rights.
Can I ringfence business assets so they aren’t relevant to divorce proceedings?
You can try to ringfence your business assets so they aren’t relevant to the divorce proceedings by either signing a prenuptial agreement or postnuptial agreement. The weight given to this type of agreement will depend on a variety of factors, including whether there was financial disclosure as part of the prenuptial agreement or postnuptial agreement process.
Role of a shareholder agreement in divorce proceedings
The fact that you have a shareholder agreement that says your husband or wife must transfer their shares to you for one pound if you separate or divorce doesn’t mean that your spouse won't get a fair financial settlement or even a share in the value of the business assets. However, it is still sensible to have a shareholder agreement but it’s important to understand it won't totally protect you from business related financial claims on divorce.
Valuing a business in a shareholder dispute or divorce proceedings
Valuing a business in a shareholder dispute or financial settlement divorce proceedings normally involves a valuation by a forensic accountant so there is an accurate assessment of the share value, the net value after tax, and the potential income stream if you continue to hold shares in the business. The fact that a family court orders a valuation doesn’t mean that the court will order that the shares are sold but the court will want to know the net value of the shares so the court has an idea of the total extent of the family assets and any non-family assets. The court can then use that information to make a financial court order, after having weighed up all the statutory factors to reach what the court considers is a fair financial settlement.
For expert Divorce and Financial Settlement advice call our team of specialist divorce lawyers or complete our online enquiry form.
Robin Charrot
Mar 03, 2022
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6 minute read
Can I Change Spousal Maintenance Payments?
The news is all about the cost-of-living crisis. North west divorce financial settlement solicitors are getting calls about spousal maintenance and whether spousal maintenance payments can go up to cover increased household bills. Those paying spousal maintenance are equally worried about how they can pay their increased bills and still meet their spousal maintenance payments.
In this article our divorce financial settlement solicitors answer your questions:
Can spousal maintenance be changed?
What triggers a change in spousal maintenance?
Cost of living crisis and spousal maintenance
Do bigger bills mean more spousal maintenance?
Agreeing a change in spousal maintenance
Applying to court for a change in spousal maintenance
For expert Divorce and Financial Settlement advice call our team of specialist divorce lawyers or complete our online enquiry form
Can spousal maintenance be changed?
Spousal maintenance can be changed. It can go up or down or be stopped altogether. The change to spousal maintenance can be made by agreement or the court can vary the spousal maintenance payments.
If you are also paying or receiving child support then the spousal maintenance can be changed independently of the child support payments. Child support is normally paid by agreement or after an assessment by the Child Maintenance Service. Spousal maintenance is usually payable by agreement or under a family court order. Spousal maintenance and child maintenance are calculated in different ways. If you are worried about how an increase or decrease in spousal maintenance could affect your child support it is best to talk to your family law solicitor.
What triggers a change in spousal maintenance?
A variation in spousal maintenance can be triggered by many different changes in your personal or financial circumstances or those of your former husband, wife, or civil partner.
Changes that can trigger a need to review spousal maintenance payments are:
The payer or receiver loses their job and can't get another one.
A business goes bust or there is a downturn resulting in reduced business profits and less income for the company directors.
The re-marriage of the person receiving the spousal maintenance (this automatically stops the spousal maintenance payments).
The cohabitation of the person getting the spousal maintenance ( the spousal maintenance court order could say maintenance should stop if the person receiving the spousal maintenance starts a cohabiting relationship and they live with their partner for a specified period, such as six months. In other spousal maintenance orders a new relationship involving cohabitation may not be a trigger for the automatic cessation of spousal maintenance but may justify a variation application).
Increased outgoings that are reasonable in nature to incur. For example, the decision to lease a new luxury car may not thought to be reasonable increased outgoings but larger bills on the mortgage or the gas or electricity may be reasonable in nature to incur as you can't be blamed for the price hikes that are outside your control.
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Cost of living crisis and spousal maintenance
The cost-of-living crisis is generating lots of questions about spousal maintenance and financial settlement options. If you are negotiating a financial settlement, it’s important to remember that spousal maintenance can go up or down or that you can negotiate a clean break financial settlement so there is no further financial liability towards your former husband or wife. A Northwest divorce financial settlement solicitor can look at the best financial settlement options for your personal and financial circumstances and can weigh up the potential cost of capitalising spousal maintenance payments at the time of the financial settlement (paying spousal maintenance in one lump sum so your former spouse gets more assets but no ongoing spousal maintenance) or the risks of agreeing to spousal maintenance and variation applications to increase the payment if cost of living rises are beyond inflationary increases.
Do bigger bills mean more spousal maintenance?
‘Do bigger bills mean more spousal maintenance?’ Not necessarily. That’s because one of the issues is whether the person seeking the variation in spousal maintenance has looked at the ability of their former spouse to pay more or receive less in spousal maintenance if they too are facing higher outgoings and haven’t received a higher than inflation pay rise and have no ‘spare’ or surplus income. Every spousal maintenance question must be considered carefully as each depends on the financial and personal circumstances.
Agreeing a change in spousal maintenance
You can agree a change in spousal maintenance in several different ways:
By agreement or
Using solicitor negotiations or
Through family mediation or
An application to court to vary spousal maintenance.
If you agree how spousal maintenance will be changed outside the court process it’s important to record your agreement in writing and to secure a financial court order or apply to court, by agreement, to change the wording of your existing spousal maintenance order.
Applying to court for a change in spousal maintenance
You can apply to court to increase, decrease, or stop spousal maintenance payments. It’s best to talk to financial settlement solicitors before making an application as they can advise on your likely prospects of success or whether it is best to try and negotiate without first making an application to court.
An application to the family court to vary spousal maintenance follows a similar court procedure to an application for a financial settlement in that the variation application involves financial disclosure and a series of court hearings to help you either reach an agreement or for the court to determine if the spousal maintenance payments should be varied.
For expert Divorce and Financial Settlement advice call our team of specialist divorce lawyers or complete our online enquiry form
Robin Charrot
Feb 03, 2022
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5 minute read
How Does A Divorce Settlement Work?
The Impact of Domestic Violence On A Divorce Financial Award
In this blog divorce financial settlement solicitor, Robin Charrot, looks at a recent court case involving divorce financial settlement claims and allegations of domestic violence to see how divorce settlements work and how the court treat domestic abuse allegations when making financial settlement decisions.
The financial settlement
A wife, age 55, separated from her husband. They could not reach a financial settlement by agreement and financial court proceedings were started. Sadly, the scenario of a husband and wife splitting up and going to court to get a financial court order isn’t unusual but what marks this case out is that the wife was a barrister and had a property portfolio in her name, acquired through her earnings during the eleven-year marriage. The husband, age 58, wasn’t working and had not worked independently of the wife throughout the marriage. Again, there isn’t anything unusual about this save for the situation not complying with the unusual gender stereotype. However, the wife said that as well as her being the bread winner in the marriage, the husband had been violent to her on two separate occasions. The wife said that meant the husband should get nothing by way of financial award. The husband argued that wasn’t fair.
The domestic violence allegation
The financial court looked at the domestic violence allegations. The husband had been prosecuted but was acquitted so had no criminal conviction for domestic abuse. None the less the family court said it could take the allegations of domestic violence into account because the family court had made findings about the domestic abuse.
A husband or wife should therefore not assume that just because a spouse did not report domestic abuse to the police that the family court will disregard domestic violence. However, the court also made it clear that just because there has been domestic violence in a relationship that does not mean that the perpetrator of the domestic abuse should end up with nothing.
The financial court proceedings
The family court ordered the wife to pay the husband £625,000 as a financial court order but the wife disagreed and appealed. She thought the ruling was unfair. The second judge said that £200,000 of the £625,000 award should be a charge to the wife, repayable by the husband’s estate on his death or repayable by the husband to the wife if the husband were to remarry or live with a new partner. The wife asked the court to reduce the lump sum payment to £425,000. On appeal, the court kept the payment at £625,000 and cancelled the charge. This means the wife has to pay the full £625,000. The court calculated that £625,000 was necessary to enable the husband to buy a new house with a budget of £400,000, with £25,000 to buy a car and pay living expenses and £200,000 to cover costs.
The appeal judges concluded that the domestic violence findings did not mean there should be no financial award or a charge back of some of the financial settlement. The appeal judges favoured a clean break financial settlement with no ongoing financial ties between husband and wife.
The costs of not agreeing a financial settlement
When determining the appeal, the judge said the family financial proceedings had become ‘an exercise in self-destruction' because the legal costs had become disproportionate to the family assets so it was hard to achieve a financial settlement that either husband or wife thought was fair.
As the appeal court concluded that the findings of domestic abuse made against the husband do not justify making what would otherwise be an inappropriate order the £200,000 charge was removed giving him a lump sum of £625,000.
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The lessons from the court case
The lessons from the court case are that arguing over principles doesn’t always pay as whilst the wife was the breadwinner the husband was nonetheless entitled to a financial award to meet his needs. Those needs were not extinguished by the finding of domestic violence in the relationship by the family court although it is fair to say that the award is smaller than if no domestic violence allegations had been made. It is therefore important to raise allegations of domestic violence but not to expect that the court will make no award or an award that is lower than an amount that meets the perpetrators basic needs if the other party has his or her needs met.
In this case the wife was not only a barrister, she specialised in family law. What that tells us is that it is important to get independent and impartial expert family law legal advice as early as possible. Whilst you may not like the legal advice it may save you a lot in legal costs if that legal advice enables you to reach a pragmatic financial settlement.
Evolve Family Law are North West and Online Family and Divorce Solicitors
For legal help and advice on divorce and family law call us or complete our online enquiry form.
Robin Charrot
Jan 20, 2022
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5 minute read
What Are the 5 Grounds For Divorce?
If you are thinking about starting divorce proceedings you may have read that English divorce law is changing. However, that doesn’t mean that you need to wait before you start divorce proceedings or that it is in your best interests to do so. In this blog, Manchester divorce solicitor, Robin Charrot, looks at the current five grounds for divorce.
Evolve Family Law offices are located in Whitefield, North Manchester and Holmes Chapel, Cheshire but we also offer remote meetings by telephone appointment or video call.
The 5 grounds for divorce
Strictly speaking, a divorce solicitor will tell you that there is actually only one ground for divorce in England and Wales, namely that your marriage has irretrievably broken down. However, you have to evidence the irretrievable breakdown of your marriage under current divorce law by proving one of five facts.
The five facts are:
Adultery or
Unreasonable behaviour or
Two years separation and your husband or wife agrees to the divorce or
Desertion or
Five years separation – your husband or wife does not have to agree to the divorce if you have been separated for five years or more.
How do you prove you have the grounds for a divorce?
Many people are embarrassed at the thought of starting divorce proceedings and having to prove something like adultery or unreasonable behaviour. Equally, if you are on the receiving end of a divorce petition it isn’t nice to think that you have been accused of unreasonable behaviour or adultery. You may also worry about the effect of the divorce proceedings on your financial settlement or the childcare arrangements.
Divorce solicitors say that proving that you have the grounds for divorce is normally not as complicated or as difficult as you may envisage. Gone are the days when you had to send a private investigator to a hotel to prove adultery. If you want to start divorce proceedings based on adultery then all you need to say in the divorce petition is that your husband or wife has committed adultery with a person whose identity you prefer not to reveal and that your marriage has broken down irretrievably. The respondent to the divorce petition just has to confirm that adultery took place, without the need to go into further details.
Importantly, if you get divorced on the basis of adultery or unreasonable behaviour the basis for the divorce proceedings is only ever relevant in any child arrangement order application or divorce financial settlement proceedings in very rare circumstances. For example, if divorce proceedings are started on unreasonable behaviour and one of the allegations is that the respondent to the divorce petition physically assaulted the child. This allegation would be relevant in any child custody case. However, just because an allegation is contained in the divorce petition that you don’t agree to, it doesn’t mean that you have to defend the divorce proceedings provided that you are in agreement that the marriage has irretrievably broken down.
When are divorce proceedings contested?
As it is possible to agree to get divorced without accepting all the allegations of unreasonable behaviour or without going into a lot of detail about the adultery, most divorce proceedings are not contested. After all, it doesn’t make sense to most people to challenge divorce proceedings if they accept that their marriage has irretrievably broken down and understand that the contents of the divorce petition won't affect the financial settlement or the childcare arrangements.
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Why is it best to get divorce legal advice?
As it is actually easier to get divorced under current law than many people think, divorce solicitors advise that it is best to take specialist legal advice so that:
You don’t assume that you should not start divorce proceedings now and instead wait until you can start a no-fault divorce when the new law comes into force
You protect yourself, if necessary, by starting divorce proceedings straight away. For example, if you fear that your husband or wife is hiding money from you or transferring assets to other family members or you are worried that your spouse is spending to excess or is at risk of bankruptcy
You don’t assume that you need to contest divorce proceedings based on adultery or unreasonable behaviour because the petition is very unlikely to affect either the financial settlement or child care arrangements. In addition, you can preserve your right to challenge any false allegation in the financial settlement or child arrangement order court proceedings
You understand your divorce options as, for example, even if your husband or wife has committed adultery you may not be able to start divorce proceedings on that basis if you lived together as a couple for six months or more after they committed adultery and you were made aware the adultery. Sometimes your divorce options may surprise you as you can get divorced on the basis of two years separation if you have lived together in the same family home for two years provided that you have lived ‘separate and apart’ within the same household and your husband or wife consents to a divorce
You protect yourself, if necessary, by either not starting divorce proceedings straight away or deferring applying for the decree absolute of divorce
You understand the impact of the divorce proceedings and pronouncement of your decree absolute. For example, the impact of your separation and divorce on your immigration status if you are in the UK on a family visa or the effect of your divorce on your tax status and the tax treatment of the transfer of assets between yourself and your former husband or wife.
Most divorce solicitors say that it isn’t just navigating the divorce process that is important but also understanding how your divorce fits in with any financial settlement or childcare arrangement that you either agree or ask the court to determine.
We are Manchester and Cheshire divorce solicitors
The friendly team of specialist divorce solicitors at Evolve Family Law can help you with your separation and divorce proceedings, child custody and contact and your financial settlement. For advice on your family and private client law needs call us or complete our online enquiry form.
The Evolve Family Law offices are located in Whitefield, North Manchester and Holmes Chapel, Cheshire but we also offer remote meetings by appointment by video call or telephone.
Robin Charrot
May 27, 2021
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6 minute read
Who Pays For Mediation Costs in the UK?
You may have read in the news that if you are getting divorced you may be eligible to receive a £500 mediation voucher to help pay for family mediation. In this article, our divorce expert, Robin Charrot, answers your questions on the new mediation voucher scheme and looks at the importance of legal mediation support.
The family mediation voucher scheme
The Ministry of Justice has announced that it has allocated one million pounds to enable up to 2,000 separating or divorcing couples to receive a £500 mediation voucher to help towards the costs of family mediation.
Divorce solicitors say that competition for the £500 vouchers may be fierce as the Ministry of Justice says that the vouchers will be allocated on a ‘ first-come first-serve’ basis, rather than on a points or any other type of allocation system.
What does the family mediation voucher scheme cover?
The mediation voucher scheme covers family mediation on a range of family law issues, such as:
Child custody.
Child contact.
Child maintenance.
Financial settlement after a separation or divorce where there is also a dispute over children and either ongoing or potential children law proceedings.
Why has the family mediation scheme been introduced?
The family mediation voucher scheme has been introduced at this stage to help reduce court applications and to encourage the use of family mediation. That’s because the government believes that family mediation is a better, quicker and cheaper option than separating and divorcing couples starting family court proceedings to resolve child custody and contact issues or to secure a financial settlement.
When will the family mediation voucher scheme operate from?
The scheme was introduced on the 26 March 2021 under Practice Direction 36V (Family Mediation Voucher Scheme). The practice direction will expire after a year and the mediation vouchers will only be available whilst funding lasts.
Does the voucher scheme cover the cost of attending a MIAM?
The family mediation voucher scheme doesn’t cover the cost of attending the mediation information and assessment meeting (referred to as a MIAM). This initial meeting with a mediator is designed to check that mediation is suitable before family mediation is commenced. To be eligible for the voucher, both parties to the family mediation must have attended a MIAM on or after the 26 March 2021. One can't have attended the MIAM before the 26 March 2021 and the other after the 26th.
Can both parties to the family mediation receive a voucher?
The £500 mediation voucher is per family and may not cover the total cost of the mediation sessions as your mediation costs will depend on your choice of family mediator and the number of mediation sessions that you require. The voucher is paid direct to the mediator, rather than given to either party to the mediation to use to pay the mediator’s bill. The £500 mediation voucher is inclusive of vat.
Is there a financial eligibility cap for the mediation voucher?
There are no financial eligibility criteria for the family mediation voucher. Anyone who meets the MIAM date and mediation subject criteria may be able to secure a £500 mediation voucher to cover or contribute towards their mediation costs.
Who pays for family mediation if a mediation voucher isn’t available?
If you can't secure a family mediation voucher because:
One of you attended a MIAM before the 26 March 2021 or
You are mediating on a financial settlement only and there are no childcare issues to mediate or
The mediation voucher scheme runs out of funds or
For any other reason.
Then the usually the mediator will check if either one of you is eligible for legal aid to cover the cost of mediation. If neither of you are eligible for mediation legal aid then you will need to agree on how the mediation sessions will be funded. You can either agree to share the mediation costs equally or come to another agreement, such as that one of you will pay for the mediation sessions or that the mediation sessions will be paid for out of your joint savings account.
Even if you do secure a £500 mediation voucher, if you go to a number of mediation sessions the voucher may not the total mediation cost. That’s why it is best to agree on how you will share any mediation cost in excess of the £500 voucher.
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Does the mediation voucher cover the cost of mediation support?
The mediation voucher doesn’t cover the cost of mediation support from a divorce solicitor. However, mediation support can be very cost effective. Taking legal advice before and/or after mediation sessions can help you understand:
Your legal options, such as the type of court application that you could commence or your former partner could start.
The likely range of orders that a court could make if you or your former partner started court proceedings.
The potential costs of applying for a court order or responding to a court application and the timescale for completion of the court proceedings.
The impact of any issues raised in mediation. For example, financial disclosure issues raised during the mediation process where you are trying to reach a financial settlement.
Whether proposals put forward in mediation are within the range of orders that a family court would be likely to make if either you or your ex-partner were to start family law court proceedings.
Legal advice on any aspects that are making it hard to reach a compromise in mediation. For example, if one of you believes that you have a legal right to equal parenting or one of you believes that an inheritance or a pension isn’t relevant to any financial settlement discussions.
The legal process to sort out your divorce or to draft a separation agreement or to secure a financial court order or draw up a parenting plan and the legal status of a financial court order or parenting plan.
By receiving mediation support and getting the legal advice you need during the mediation process you may be more likely to have the confidence to reach a mediated agreement. Evolve Family Law can help you with independent specialist family law advice before and after mediation to support and guide you, including advice on any of the post-mediation documentation that may be necessary.
We are Divorce and Family Law Solicitors
For legal help with your divorce and mediation support for your financial settlement or childcare arrangements call us or complete our online enquiry form.
Evolve Family Law offices are in Holmes Chapel, Cheshire and Whitefield, North Manchester but we also offer remote meetings by telephone appointment or video call.
Robin Charrot
May 13, 2021
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6 minute read
Can You Be Legally Separated and Live in the Same House?
For those who have decided to separate or divorce, either because of COVID-19 related pressures or the global pandemic has reinforced the decision to go your separate ways, the next step is for one of you to move out of the family home. You should not permanently leave the family home without first taking legal advice. However, as Manchester and Cheshire divorce solicitors we are receiving an increasing number of enquiries where neither the husband nor wife can easily move out of the family home. Enquirers want to know if they can be legally separated and live in the same house as their estranged spouse.
What is a legal separation?
A legal separation is where a husband and wife obtain a decree of judicial separation from the family court. If you haven’t heard of judicial separation it isn’t surprising as applications for judicial separation are rare because:
If you obtain a judicial separation you will still need to get divorced at a later stage, for example, if you want to remarry or if you want a clean break financial court order preventing any further financial claims between husband and wife.
You don’t need a legal separation for official purposes. You can just tell agencies, such as the Inland Revenue or the Local Authority, that you are separated.
Do I need a legal separation?
People often assume that they need a legal separation or judicial separation decree, but they don’t unless they have a religious or cultural objection to a divorce and want to formalise their separation. If you plan to get divorced later, you don’t need a judicial separation first as you can sort out your financial affairs by signing a separation agreement.
Can you separate and live in the same house?
You can separate or even divorce and still live in the same house. Some couples think that if they continue to live together, they can't get divorced but that isn’t correct. Under current English divorce law, you can get divorced if you have lived ‘separate and apart’ for two years provided your husband or wife consents to the divorce. It is best to take some legal advice about the grounds for divorce proceedings as you may not need to wait two years before being able to start divorce proceedings.
Living separate and apart in the same household, for the purposes of divorce proceedings, means that there must be a degree of separation between husband and wife. For example, you can't cook for one another or do the other person’s laundry or ironing or shopping.
Separating and your spouse won't leave the family home.
If you have taken the decision to separate and your husband or wife won't leave the family home then if things become impossible in the one house there are options, such as:
An application for an injunction order – an occupation order can give you the right to occupy the family home to the exclusion of your partner until long term ownership or sale of the property is determined by agreement between you or by the court in divorce and financial settlement proceedings.
An application for spousal maintenance so that you can afford to leave the family home and rent somewhere until long term ownership or sale of the family home is decided. It is best to take specialist legal advice from a divorce solicitor before leaving the family home and moving into rented accommodation.
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Separating and can't sell the family home.
Most people would agree that it is a tricky housing market so whilst you may have decided to separate or divorce you may not be able to sell the family home. You can be separated or divorced and still be living at the family home though for some it won't be a very comfortable experience. Even in the best situations where you are splitting up amicably it can still feel as if you are in limbo with your life suspended until you can achieve the sale of the family home.
One thing that can reduce the stress of waiting for the sale of the family home is to have a financial agreement in place so you know who will get what when the property does sell. Although you may have concerns about having to drop the sale price on the family home, a fair financial settlement can still be reached if you don’t agree to accept a fixed amount from the sale proceeds but instead you each agree to receive a percentage of the net proceeds of sale. That way you are both protected, whether house values move up or down.
In divorce proceedings a financial settlement can be reached by agreement or after financial settlement proceedings but in either scenario you should obtain a financial court order that records how all your assets will be divided, including the equity in the family home, savings, and pension provision.
If you are separated but don’t want to start divorce proceedings yet it is still best to record the financial settlement that you have agreed to avoid one of you changing your mind about how much you should get from the sale proceeds when you have found a buyer for the house. A document, called a separation agreement, should be prepared to formalise the agreement reached.
We are Manchester and Cheshire divorce solicitors
The team of specialist divorce solicitors at Evolve Family Law can help you with your separation and divorce proceedings, as well as child custody and contact and your financial settlement. For advice on your family and private client law needs call us or complete our online enquiry form.
The Evolve Family Law offices are in Whitefield, North Manchester and Holmes Chapel, Cheshire but we also offer remote meetings by appointment by video call or telephone.
Robin Charrot
Apr 22, 2021
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5 minute read
The Impact of Divorce on Your Income
When you take the decision to separate you may not realise just how big an impact your divorce may have on your future income. The financial services company, Legal and General has revealed that women’s income falls by a third and men’s income by 18% on divorce. In this blog we look at the impact of divorce on your income.
The divorce statistics
You may be shocked by the divorce statistics and question why a woman’s income on divorce should reduce by more than men’s income.
The Legal and General research suggests that there are several factors behind the statistics, such as:
The reality is that many women earn less than their male counterparts during the marriage because of career choices and childcare
In divorce financial settlements women are more likely to ask her for and get a financial settlement that includes the family home or more than half the equity in the sale proceeds of the family home. If you get a greater share or all the equity in the property, then you are less likely to be awarded spousal maintenance or to receive a share of their husband's pension fund and the making of a pension sharing order.
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Will a divorce impact on my income?
When a couple separate it is usual to go from a two-income household to a one-income household with a consequent reduction in income.
If a reduced income means that you can’t manage to pay your reasonable outgoings, the court can make an order that the other party to the marriage pay spousal maintenance. The payment of spousal maintenance can continue indefinitely until terminated by death, re-marriage of the receiving party or further order. Alternatively, the court can order that spousal maintenance is paid on a time limited basis.
What amounts to reasonable outgoings will depend on the standard of living enjoyed during the marriage as well as the affordability of the current outgoings considering:
The ability of one spouse to afford to pay spousal maintenance and still meet their own reasonable outgoings and
The ability of the other party to the marriage to either find work or increase their earnings capacity so they can meet all or a greater proportion of their own reasonable outgoings.
Divorce solicitors will tell you that when it comes to income on divorce and whether your respective incomes will be shared (through a spousal maintenance order) comes down to a range of factors, such as:
Whether you have young children to support and whether the care of children impacts on your earnings capacity
Whether any disability or age impacts on your ability to seek employment or increase your income
Your income and earnings capacity
The extent of your reasonable outgoings
The length of the marriage
Other factors, such as the existence of a prenuptial agreement that sets out whether and how long spousal maintenance should be payable on separation and divorce.
Perhaps, just as importantly, parity of income on divorce can come down to a question of priorities. You may want to forgo a pension sharing order on divorce as your priority isn’t income on retirement but instead getting the equity in the family home so you can rehouse yourself without a mortgage. Alternatively, you may want the capitalisation of your spousal maintenance payments so that you get a cash lump sum instead of ongoing monthly payments.
Whatever your priorities it is best on separation or divorce to take legal advice from a specialist divorce solicitor so you can understand the range of options for your financial settlement and work out which one is best for you and your family. Without expert legal and financial advice, you may not appreciate the value of the pension fund belonging to your spouse and how a pension sharing order could be to your financial advantage.
The divorce solicitors at Evolve Family Law will not only look at your financial settlement options but they will also reality test them with you. For example, if your priority is to keep the family home and you are willing to forgo a pension sharing order or spousal maintenance to keep the property then this may not be a realistic or best option if you can’t afford to pay your reasonable outgoings on the property as you aren’t getting spousal maintenance or a pension sharing order.
Our Manchester and Cheshire Divorce Solicitors
Evolve Family Law specialise in separation and divorce proceedings and resolving financial settlements .Call us or complete our online enquiry form for expert legal assistance with your financial settlement. Evolve Family Law have offices in Whitefield, North Manchester and Holmes Chapel, Cheshire but our family law solicitors are also experienced in working remotely and offer meetings by telephone appointment or video call.
Robin Charrot
Mar 25, 2021
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5 minute read
How to Divorce a Narcissist
As Manchester and Cheshire divorce solicitors we are asked ‘how can I divorce a narcissist?’ and the equally valid question ‘can I divorce a narcissist?’. When you are married to a narcissist it can feel as if there isn’t a way out of the relationship. There is always a way out and, in this blog, we look at your best options if you want to divorce a narcissist.
Can I Divorce a Narcissist?
When you are married to a narcissist and subject to constant belittlement it can be hard to contemplate feeling empowered enough to start divorce proceedings, especially if you are told by your husband, wife or civil partner that you can't leave and you can't get divorced.
Often the question isn’t about whether you have the grounds to start divorce proceedings against a narcissist but whether their threats that you will ‘walk away with nothing’ or ‘you won't see the children again’ are realistic. As divorce solicitors we find that many people who are married to spouses with narcissistic personality disorders wait a long time before taking legal advice because their partners have told them that divorce proceedings will result in them losing custody of their children or not having enough money to look after themselves and the children. That is very rarely true but it is hard to believe that your divorce solicitor is right when the person you are married to is so adamant in their beliefs.
The first steps in divorcing a narcissist are:
Recognising the problem – that is harder than you may think if you have been subject to demeaning comments for years and lost a lot of your confidence
Get help – that can be from your GP, a counsellor, friend or family member – it is important to have emotional and practical help if you are getting divorced and especially if you are divorcing a narcissist
Take legal advice – a specialist divorce solicitor can help reassure you about your legal rights and give you an idea of the likely financial settlement and child care arrangements so that you have the confidence to decide whether you want to start divorce proceedings
Focus on what is important to you – if you have been living with a narcissist it is hard to gather the confidence and determination to start divorce proceedings. That’s why it is important to focus on why you are doing it. For example, your motivation may be not wanting your children to be affected by your partner’s narcissistic personality disorder or you not wanting to be in the same position in ten or more years’ time. Remember, that it is what is important to you that’s the crucial point. That means you should not substitute the views of friends or family for the control imposed on you by your narcissistic partner as you need to look at what’s best for you.
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How to divorce a narcissist
If you are married to someone with a narcissistic personality disorder it can be a worry about whether to mention the full extent of your partner’s behaviour to your divorce solicitor. If you don’t live with a narcissist then someone’s reluctance to open up about their partner’s narcissistic personality traits can be surprising. However, a reluctance to be fully open with your divorce solicitor can be down to:
Embarrassment
Fear that you won't be believed
Worry that you will be thought to be the one with the ‘problem’
Concern that your partner will react badly if they think that you have said things about them
Thinking that it is pointless to say anything about your partner’s behaviour as it won't make any difference.
All of those are very valid reasons why you may be concerned about talking about narcissistic personality disorder traits, such as:
Your partner’s belief that they are brilliant and exceptional and, of course, always in the right
Your partner’s belief that you are in the wrong and worthless in comparison to them so your views and feelings don’t count
Extreme reactions if you or anyone else questions your partner’s sense of self-importance or entitlement.
A narcissist is a challenge for anyone who lives with them as well as for divorce solicitors and the family court. That’s why it is important that you instruct a divorce solicitor with experience of dealing with those with narcissistic personality disorders and that you tell your divorce solicitor about the extent of the issues you’ve faced so they can help you.
You may not think that it matters whether or not your divorce solicitor knows about your partner’s narcissistic personality disorder traits but it is important. Examples of why it’s important are:
If you have children then your partner’s narcissistic personality may be affecting the children and even influencing how they treat you as they are so used to seeing you belittled by your partner. That may influence your solicitor’s advice on the best child care arrangements to suit you and your circumstances and to reduce ongoing emotional harm to your children
If your partner is a narcissistic person then family mediation is unlikely to be a sensible option to try to resolve financial or child care matters as your partner won't listen to anyone’s views other than their own so you’d be better using either family arbitration or court proceedings to reach an enforceable decision
If your partner exerts coercive and controlling behaviour then you may want to minimise future financial links with them. This could, for example, involve agreeing a clean break financial settlement rather than ongoing spousal maintenance so you get more capital rather than having to rely on your former partner paying regular spousal maintenance payments to you
If your partner is abusive you may need the protection of an injunction order or a child arrangement order to best protect you and the children.
How can Evolve Family Law help me?
At Evolve Family Law our divorce solicitors will be very honest with you and tell you that they know, from experience, that starting divorce proceedings against someone with a narcissistic personality disorder is hard. You’ll therefore need all the help and expert support you can get. A narcissistic person needs to feel that they are in control and the winner. That may mean you have to start financial court proceedings to get financial disclosure from your partner and get a fair financial court order or mean you need a child arrangement order to restrict their contact with the children or an injunction order to stop the coercion and domestic abuse.
Our specialist divorce solicitors are not only experienced in securing these types of orders but are also adept at finding a way through divorce proceedings involving a partner with narcissistic personality traits.
Our Manchester and Cheshire Divorce Solicitors
For specialist divorce, children law and financial settlement advice speak to the divorce experts at Evolve Family Law or contact us online here. We are available for all your family law needs and for representation in court proceedings and also offer appointments by phone and video call.
Louise Halford
Feb 10, 2021
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7 minute read
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