Divorce

As specialist divorce and family law solicitors we are regularly asked by divorcing couples if they can skip mediation and go straight to court. It is understandable why some people think that mediation might slow the court process down, but in some situations, mediation can avoid the need for expensive or protracted family court litigation. In this blog we look at the circumstances where you can skip mediation and go straight to court. When Can You Skip Mediation to Resolve Family Law Issues? Family lawyers say there are some situations where you and your ex-husband or ex-wife or separated partner don’t have to go to mediation before you can start court proceedings. Examples include: Where the situation is a children law emergency – such as where you fear that the child will be taken overseas unless you secure a prohibited steps order to prevent child abduction Where the situation is a potential financial emergency – such as where an estranged husband or wife is selling or transferring assets and you need the protection of a court order to stop them from disposing of assets to defeat your financial claims Where there are domestic violence issues and you need the protection of an injunction order or it isn’t considered safe for you to engage in mediation.   There are other situations where family mediation can be skipped and you can start court proceedings without first attempting family mediation but family solicitors would question if that is necessarily a good idea.   What is family mediation? Many spouses or separating couples want to skip mediation as they see it as a hurdle to overcome before a court will make a decision. However, lots of people don’t appreciate just how long it can take to secure a court order or how complex the process is. A specialist family law solicitor should explain all options to you so that you can make informed choices.   Family mediation is a voluntary form of non-court-based dispute resolution. The family mediator is an impartial third party who helps you reach a resolution to family issues such as child care arrangements or your financial settlement. The mediator should ensure that you both listen to one another even though you may not agree with what the other has to say. The job of the mediator to help you find a solution that works and is acceptable to both of you. Normally family mediation takes place with a family mediator sitting in a room with both of you and the mediator uses their skills to help you reach your own agreement, rather than have an order imposed on you by a family court judge.   If that type of family mediation doesn’t appeal to you then either shuttle mediation or solicitor involved mediation can take place. In shuttle mediation you and your partner do not meet in the same room and instead the mediator shuttles between rooms to help you reach an agreement. In solicitor involved mediation each of you can have your solicitor involved in the mediation sessions as well as providing legal support outside the mediation sessions. [related_posts] Why use family mediation to resolve your family law problems? Although you may want to skip mediation it is best to take some legal advice before starting court proceedings as not all family law solicitors recommend the use of court proceedings to resolve every type of family law issue, whether it is sorting out who gets to keep the family home, how pensions are shared or the child care arrangements for the children.   You may have a preconceived view about mediation because it didn’t work for your friends or a family member going through a divorce or because you are worried that the mediator will side with your ex-partner or that you will be bullied into reaching an agreement. Talking to a family solicitor about your concerns about mediation can help and in addition you can: Make sure that you get the right legal support during mediation so that you know your legal rights and the potential likely outcomes of any court proceedings Get your family solicitor to help choose a mediator with the particular skills you need to try to make mediation work for you If you are worried about being in the same room as your partner looking at the option of shuttle mediation.   What are the alternatives to family mediation? If you don’t want to use family mediation or family mediation doesn’t work for you then there are other alternatives to court proceedings, such as: Solicitor negotiations Round table meetings Collaborative law Family arbitration.   A specialist family law solicitor will talk you through the various options with the focus being to use a resolution method that gives you the best outcome for you and your family. In some situations, court proceedings are the only realistic option to reach a resolution. For example, where a former husband or wife is refusing to give financial disclosure so a reasonable financial settlement can't be reached in the absence of information that the court can order is disclosed as part of the court financial disclosure process. An experienced family law solicitor won’t have a fixed view about the best method for you to reach a financial or child care resolution but instead will listen to your concerns and questions and help you work out the best option for you. They may say that skipping family mediation isn’t in your best interests as it could be the cheapest and quickest way of your reaching a resolution and that with mediation support from a specialist family lawyer you won’t feel as if you were bullied into a resolution that hasn’t been reality tested or that doesn’t meet your needs as you felt you weren’t able to express them during mediation. Our Manchester and Cheshire Family Solicitors Evolve Family Law specialise in separation, divorce , financial settlements and children law matters. For help with your family law needs call us or complete our online enquiry form. Evolve Family Law offices are located in Whitefield, North Manchester and Holmes Chapel, Cheshire but our family law solicitors are experienced in working remotely and are offering meetings by telephone appointment or video call.

Is family arbitration the best option to reach a financial agreement? If you are going through a separation or divorce during the latest COVID-19 lockdown you will undoubtedly be worried about how you will reach a financial agreement with your ex-husband, ex-wife or former partner.  You may also be concerned about rising infection rates and your safety in physically attending a financial court hearing. Alternatively, you may be worried about delays in achieving a court date because of the impact of COVID-19 on the family court system. In this blog we look at whether family arbitration is the best option to reach a financial agreement if you are splitting up in lockdown. What is family arbitration? Many couples who are in the process of splitting up have not heard about family arbitration. That's because couples tend to reach a financial agreement through solicitor negotiations, financial court proceedings or family mediation or a combination of the three options.   In family arbitration you and your partner jointly appoint a family arbitrator. The job of the arbitrator is to make a financial settlement decision. That decision will be final and binding on both of you.   A family arbitrator is therefore like a private judge of the family court as both have the authority to decide on what is a fair financial settlement and make a binding decision.   What decisions can a family arbitrator make? A family arbitrator can be asked to decide a financial settlement or a property disputes or some children issues arising from either a married or an un-married family relationship.   What are the advantages of family arbitration during the COVID-19 lockdown? The advantages of family arbitration apply generally, whether the UK is in lockdown or not. However, the global pandemic emphasises some of the real benefits of family arbitration such as: You can arrange an arbitration hearing in a place that is convenient to both of you and even online if you prefer. You may feel more comfortable in attending the venue for an arbitration meeting instead of going to a family court for a financial settlement hearing When choosing a family arbitrator, you can check their availability and timescale to hold a family arbitration hearing. If you start financial settlement court proceedings, you don’t get that luxury as you just have to accept court and judge availability and that can be impacted by COVID-19 The use of family arbitration can be more discreet and confidential than traditional court proceedings One family arbitrator will make all decisions, so you won’t experience having as series of court hearings with different family judges You and your partner can adapt the family arbitration process to suit your circumstances so, for example, you could agree that you don’t need a directions hearing or that you want the family arbitrator to have a specific type of family bundle of papers and documents to help make their decision, whereas family court rules on paperwork in financial settlement proceedings are far more prescriptive.   Is family arbitration suitable for everyone splitting up in lockdown? In some situations, family arbitration isn’t suitable. For example, if you need an injunction order to stop your husband or wife from selling off or transferring assets to try and defeat and thwart your financial settlement claims.   Alternatively, family arbitration may not be suitable if you need third party disclosure, for example, from a trust fund or a relative, and they won’t provide disclosure or cooperate in the family arbitration process.   Will a financial settlement be different if family arbitration is used rather than financial court proceedings? Whether you use financial court proceedings or family arbitration to reach a financial settlement the family court judge or family arbitrator will exercise their discretion when determining what financial court order or arbitration award to make.   When a family law judge or family arbitrator exercises their discretion, they do so using the factors set out in the Matrimonial Causes Act 1973. This means that the financial court order or family arbitration award should be within the same range or band of reasonable orders whether court proceedings or family arbitration is used by you to reach a financial resolution. [related_posts] What is the arbitration process? If you decide that you want to use family arbitration to reach a financial settlement it is important that both you and your spouse or partner understand the arbitration process.   The arbitration process is as follows: An application form is completed. The form is referred to as an ARB-1 The family arbitrator’s fees are agreed. Whilst you will need to pay a family arbitrator the family arbitration process may nonetheless be cheaper than traditional court proceedings because you may be able to conclude the arbitration process more efficiently and without the need for as many hearings There is a family arbitration directions hearing. This type of hearing looks at preliminary matters. If a husband and wife agree that this type of hearing is not necessary, then this can be avoided. Alternatively, the preliminary issues could be dealt with by solicitors and the family arbitrator by email. Family arbitration gives more flexibility than a financial court order application over the financial settlement process There is an arbitration hearing. The hearing could take place online because of concerns about rising infection rates and COVID-19 or could be facilitated at a solicitor’s office or at a neutral venue, such as the offices of the family arbitrator. In some cases, a husband and wife may agree that the family arbitrator should make their decision solely based upon reading the paperwork supplied. After either reading the documentation or listening to the husband, wife or partner the family arbitrator will make a decision, called an award. This is a binding decision The court will be asked to make a financial court order in accordance with the terms of the family arbitration award. A formal order is normally needed in a financial family arbitration to implement the family arbitration award. There is a fast track court procedure available to quickly convert an award into a court order.   If you want more information about family arbitration and how it may help you and your partner reach a financial settlement during the COVID-19 imposed lockdown then it's best to speak to specialist divorce and financial settlement solicitors about arbitration and your options. Our Manchester and Cheshire divorce solicitors The friendly team of specialist divorce solicitors at Evolve Family Law can provide legal help with your separation and divorce proceedings, as well as your financial settlement. For all your family and private client law needs call Evolve Family Law 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.

It can be very difficult to know where to start if you are thinking about ending a marriage or separating from your partner. In this article we answer some of your frequently asked questions on how to start a separation. How do I separate? You may think the answer to the question ‘’how do I separate?’’ is self-evident - you leave or you pack your partner’s bags and make them leave the family home. However, family solicitors will tell you that both life and family law are more complicated than that. One of the difficulties with answering the question ‘’how do I separate?’’ is that every person’s personal and financial circumstances are different. It is therefore essential that you get family law legal advice that is tailored to you. Here are just a few examples of why that is best to get legal advice on your circumstances: You may be in an unmarried relationship and renting a property - if you leave the property because your partner refuses to go then you may remain liable for the rent if the tenancy agreement was taken out in your name If you are from overseas and in the UK on a family visa (such as a spouse visa or a fiance visa) your separation may affect your immigration status so it is important to clarify that before you separate If you plan to return home overseas with your children then you may need your spouse or partner’s written agreement or a children court order before you can take your children out of the UK. Without that agreement or court order you could be accused of child abduction under UK children law and international family law. You could be forced to return the children back to the UK so it is best to take legal advice on child relocation law if you plan to take your children abroad after your separation If you leave the family home then your husband or wife may have no incentive to reach a financial settlement with you because they are in the house and won't want to either sell it or pay you your share of the equity in the family home. If your partner refuses to leave and you are in an abusive relationship then you may have the grounds to apply for an injunction order to make your partner leave the property until you or the court makes long term decisions about whether the property should be sold or whether one of you should live in it If you are in an unmarried relationship and the property is owned in the sole name of your partner you may think that you have no legal rights and have no option but to leave. However you may have an equitable interest in the property. In addition, if you have young children you may be able to bring a housing claim (called a schedule 1 Children Act application by family lawyers) for the provision of a house for the children If you leave the family home and the mortgage is in your joint names you remain jointly and severally liable to pay the mortgage. If the mortgage isn’t paid then this will affect the credit rating of you and your partner and it may impact on your ability to get another mortgage. It is best to reach an agreement on the mortgage payments if you are leaving the family home and will have the added expense of renting a property You want to stay at the family home with the children but your partner says they won't help out financially so you are the one who thinks that they have to leave. In your circumstances, you may be able to ask the Child Maintenance Service to award you child support and, if you are married, you may also be able to apply to court for spousal maintenance. [related_posts] Starting a separation Whatever your personal or financial circumstances starting a separation is never an easy decision. Alternatively a separation may have been foisted on you by the decision or behaviour of your partner. If you are the one who is taking the decision to separate it is best to talk to a friend or family member or therapist to help you make the right decision for you. Family law legal advice will make sure that you know your legal options and the best choices for you and your family when it comes to the decision of whether you should be the one to leave the family home and the timing of your separation. Manchester and Cheshire Family Law Solicitors Evolve Family Law advises on separation, divorce proceedings, financial arrangements on separation, long term financial settlements, child custody and contact and private client matters (Wills and powers of attorney).   For legal assistance with your family and private client law needs call Evolve Family Law or complete our online enquiry form. The Evolve Family Law offices are located in Whitefield, North Manchester and Holmes Chapel, Cheshire but the family law solicitors and Will lawyers also offer remote meetings by telephone or video call appointment.

There are no right or wrong answers to what you should or should not do during a separation as your personal and financial circumstances are individual to you, but in this article we give some general guidance about what it’s best not to do during a separation. Why Are You Separating? The question ‘why are you separating?’ is relevant to what you should or should not do during your separation. That’s because if your separation is a trial separation it’s important not to take any steps that mean it is less likely that you will get back together, such as: Refusing to agree contact arrangements with the children or not attending the family home for agreed contact with the children    Not turning up to pre-arranged Relate or counselling sessions or telling your partner that they are a waste of time before you give the sessions a chance Saying that you won't go to individual counselling sessions, for example, to address anger management issues  Taking all the money out of a joint account without your partner’s agreement or advance knowledge Refusing to pay towards household bills or child support (despite your being in a financial position to do so) because you think that if your husband or wife finds it hard to manage financially without you then the family are more likely to get back together Imposing an unrealistic timetable on the trial separation, for example, saying that your partner has to decide if you are going to get back together or not within two weeks Following your partner or sending numerous text or social media messages so they end up feeling overwhelmed by you  Contacting your partner’s family or friends to try to get them to influence your husband, wife or partner to reconcile with you.   If your partner wants a trial separation it is easy to feel angry about their decision if the news that the relationship is in trouble came as a complete surprise to you and to let your feelings sabotage the trial separation.   Many couples who are going through a trial separation think that they should not take specialist legal advice to look at their options but taking legal advice can be a sensible thing to do because then you will know if you or your spouse have the grounds to start divorce proceedings and the likely financial settlement and child care arrangements. That information may influence your thought process. Importantly, your discussion with a divorce solicitor is completely confidential to you and the fact that you have consulted a divorce solicitor does not have to be disclosed to your husband or wife. They too may have taken family law advice but also taken the decision to say nothing about taking legal advice until you decide on whether you are going to be able to reconcile or not.   If you are desperate to make the trial separation work and to reconcile with your husband or wife it can be tempting to ignore warning bells. You should not do that but instead you should take legal advice. Warning bells include: Your husband or wife taking large amounts out of savings or investment accounts Your husband or wife looking to take out loans against the family home – this is especially concerning if the family home is registered in their sole name. This can be prevented if you register a notice with the land registry Your husband or wife asks you to leave the family home part way through the trial separation or it becomes apparent that they are planning to sell the family home – even if the family home is owned in their sole name there are steps that you can take to protect yourself Your husband or wife selling assets or transferring property, such as shares in a family business, to a family member Your husband or wife asking you to sign a postnuptial agreement  Your husband or wife appearing to be making plans to relocate overseas with the children.    Any of these warning bells, or anything else of concern to you, means you should quickly take specialist legal advice rather than trust that the trial separation is a genuine attempt to repair your relationship whilst you both give one another a bit of space.  [related_posts] What should you not do if a separation is permanent?  If you know that your separation is permanent or you tried a trial separation and that hasn’t worked out then it is often assumed that it is ‘no holds barred’ once you know that your separation is permanent. However, divorce solicitors say that approach can be counterproductive and result in it being harder for you to reach an agreement over childcare arrangements or a financial settlement and end up in your spending more in legal fees.   If your separation is permanent then generally you should not: Leave the family home before first taking legal advice – it may be preferable for your partner to leave instead of you or you may be able to get an injunction order requiring them to leave  Reach an agreement on childcare arrangements or a financial settlement without first taking legal advice – that’s because if you agree to something that isn’t in your best interests during direct discussions with your husband or wife it is then far harder to get them to accept a fairer childcare or financial arrangement Stop contact between the children and other parent because you are angry about your husband or wife's behaviour. Contact should only be stopped after legal advice and if there are child care safety or other child related issues Feel rushed into starting divorce proceedings because of pressure from family or friends to do so Start divorce proceedings without either you or your divorce solicitor first informing your husband or wife of your intention to do so. That is because unless the situation is urgent it is normally better to let your partner know about the planned divorce proceedings as that reduces animosity and makes it easier for you to reach a financial settlement or agree on child custody and contact arrangements.     Every separation is different and everyone reacts differently to a separation. That’s why there are no hard and fast rules on what you should or should not do if you separate from a partner or spouse. One of the best things that you can do is ensure that you are not rushed into making decisions and have the information you need to make informed decisions. A divorce solicitor can help you with that whether your separation is a trial separation or a permanent separation.   How can Evolve Family Law help you?    The friendly and approachable divorce solicitors at Evolve Family Law talk to people who don’t know whether they want to separate or not as well as to husbands or wives who are very clear that divorce proceedings are the right path for them. Experienced family solicitors can help provide information on your separation options so that you make the best choices for you and your family. Our Manchester and Cheshire Family and Divorce Solicitors Evolve Family Law provides legal help with separation and divorce proceedings, as well as temporary financial arrangements and long term financial settlements, child custody and contact and private client matters. For legal assistance with your family and private client law needs call Evolve Family Law 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.

Did you know that almost forty percent of people questioned admit to keeping money secrets from their partner? That information comes from a survey conducted by the Money & Pensions Service. In this blog we look at keeping money secrets during a separation or divorce. What the Money & Pensions Service Survey Reveals About Us The Money and Pensions Service survey questioned 5,200 people across the country about their financial habits and personal finances. The key findings are: Those in the age range 25-34 are the most secretive age group, with three in five not revealing financial details to loved ones Whilst nearly twenty five percent of those surveyed thought their husband, wife or partner was hiding financial things the reality is that nearly half said that they had hidden things themselves It is most common to hide credit cards and credit card debt – nearly forty percent of those replying to the survey had done so Undisclosed loans are the second most popular thing to hide from family with just over twenty per cent of those surveyed doing so Around twenty percent of those responding to the survey had a secret savings account.   As the Money and Pensions Service acknowledged there are many reasons why someone might hide money or not reveal their financial situation whilst in a relationship, such as: Wanting to build up a safety net of savings that their partner won't spend. That way there is a rainy day savings fund in case of redundancy or a large unforeseen bill, such as replacing the boiler Feeling the need to save money so that there is an escape route from an abusive relationship where the partner secreting the money is afraid that without hidden money if it will be impossible to leave their controlling partner  Hiding credit card debt or loans because you know that your partner will worry about the debts Feelings of embarrassment of having incurred debt, sometimes the debt was incurred before the new relationship and it now feels ‘too late’ to mention it.   The Money and Pensions Service encourages people to talk about their finances as, by doing so, it can make money worries more manageable, especially when you are concerned about other matters such as redundancy or the impact of Covid-19 on the prospects of your getting a 2020 bonus from your employer. [related_posts] Financial secrets and separation and divorce   As Manchester divorce solicitors we have to ask about financial matters so we can give the best advice on financial settlement options. Sometimes people are reluctant to mention undisclosed credit card debts or loans as their husband or wife doesn’t know about them. However, it is important that you do so as those debts may affect your ability to take over the mortgage on the family home or to secure another mortgage to buy a new property.    In cases where there is debt then in financial settlement court proceedings the court rarely wants to undertake a forensic exercise into how the debt was incurred and whether, for example, you should have bought the shoes or motorbike but instead will ask: Is the debt family debt – in other words whilst the debt was hidden from a husband or wife was the loan or credit card money used for the benefit of the family. For example, a credit card was used to clothe the family or to pay for family holidays or a family car What impact does the debt have? The court will want to know if the debt will stop a husband or wife from being able to buy another house or stay in the family home or meet their other needs.   In addition to debt and divorce, when it comes to financial disclosure on separation or divorce there is an obligation to provide what is referred to as full and frank financial disclosure of all your assets. That includes secret bank accounts that your husband or wife doesn’t know anything about or money given to a family member to ‘hold’ for you or cash that you keep.    Failure to provide full and frank financial disclosure may mean you are less likely to reach a financial settlement by agreement as your husband or wife probably won't believe your financial disclosure or a court drawing inferences or making findings against you in a financial settlement court hearing. For example, if your family business generates cash but according to your accounts you receive an income that amounts to less than your essential outgoings (mortgage payments, utility bills or other known expenditure) then the court could make inferences or findings against you.   Therefore, whilst there may be many reasons why you would want to keep things secret during a relationship, when it comes to a separation or divorce there is a court imposed obligation to be both ‘full and frank’ in your financial disclosure. We are Manchester and Cheshire Divorce and Financial Settlement Solicitors Evolve Family Law specialises in family law and divorce and financial settlements. If you have questions and need advice on your divorce and financial settlement options call Evolve Family Lawor complete our online enquiry form. We offer face to face appointments, remote meetings by appointment by video call or telephone.

If divorce proceedings are started against you in England then you can contest the divorce. However, our Manchester divorce solicitors say that there are two points to consider when deciding whether to contest a divorce. First, even though you may want to contest the divorce, it isn’t always the best option. Second, the government is bringing in divorce reforms and that means in autumn 2021 the grounds for divorce proceedings will change and you will no longer be able to contest divorce proceedings. In this blog we look at how you can currently contest divorce proceedings and the planned change in divorce law. Contesting Divorce Proceedings If you receive a divorce petition in the post your immediate reaction may be to tell your husband or wife that you will be contesting the divorce proceedings. That is an understandable reaction if you are upset or angry about the separation or if you are hurt by the contents of the divorce petition. However, if you want to contest divorce proceedings it is best to take urgent legal advice from a specialist divorce solicitor because: Court rules impose a time limit within which you have to complete a form saying whether you are going to contest the divorce proceedings or not Instead of contesting the divorce you may find that it is a better option to get your husband or wife to amend the contents of their divorce petition If you are worried that the allegations in the divorce petition will affect your child arrangements order application or your financial settlement proceedings then you can agree that whilst you won't defend the divorce proceedings you don’t accept the truth of the allegations contained in the divorce petition and that you will defend the allegations if they are raised in either the children or financial court proceedings The divorce petition may include a claim that you pay your husband or wife's costs in connection with the divorce. This cost claim doesn’t cover any legal advice received by your husband or wife in relation to financial or children law aspects of your separation. If you negotiate you can either agree to each pay your own divorce proceedings costs or to pay a fixed contribution or an agreed amount in divorce costs.   If your divorce solicitor doesn’t recommend that you contest the divorce proceedings it isn’t because they think that the allegations in the divorce petition are true or that you won't win but because they will be concerned that: The money spent in legal fees in contesting the divorce proceedings might be better spent on other legal expenses (such as the priority of getting the child arrangements order you want or the best financial settlement for you) or in paying for a holiday or other item for you Even if you successfully contest the divorce proceedings your husband or wife could issue new divorce proceedings in autumn 2021 and you won't be able to contest those divorce proceedings. All you may have achieved is a delay in the divorce or a divorce on different grounds. This may be worth the legal costs of contested divorce proceedings to you but specialist Manchester divorce solicitors will want to flag up the issues and your alternative options and advise on if delay is in your best financial interests. [related_posts] The current divorce law At present, if a husband or wife wants to get divorced the petitioner applying for the divorce has to show that the marriage has irretrievably broken down because of one of five facts: Adultery or Unreasonable behaviour or Two years separation with the consent of a husband or wife or Five years separation or Desertion. If you are being accused of adultery or unreasonable behaviour it is natural to want to contest the divorce proceedings. You can do so either because: You agree that the marriage has broken down irretrievably but you don’t accept the adultery or unreasonable behaviour allegations or You don’t accept that your marriage has irretrievably broken down. When deciding whether or not to contest divorce proceedings it helps to know that if adultery is alleged in a divorce petition the adultery doesn’t have to be the cause of the marriage breakdown and it could have occurred many years after the separation took place. What is the contested divorce process? The process of getting divorced is similar whether it is an agreed divorce or a contested divorce. If your divorce is agreed then you won't need to attend a court hearing in connection with your divorce and you will only have to go to court if you need a child arrangements order or a financial court order. If you can agree the child care arrangements and the financial settlement you probably won't need to go to court at all as the court can be asked to approve an agreed financial consent order without the need for a court hearing.   The main differences between agreed and contested divorces are: In a contested divorce you will need to attend court and at the final hearing of the divorce proceedings you will need to give evidence In a contested divorce the divorce case will take a lot longer to determine. An agreed divorce can be achieved in about four to five months. A contested divorce will take a lot longer because of the need to obtain court hearings and limited court hearing availability A contested divorce will cost a lot more in legal fees and if you lose the case you may be ordered to pay your husband or wife's divorce costs. Those costs night be the same amount or more than your own divorce costs.   The contested divorce process involves: The husband or wife who starts the divorce proceedings (the petitioner) sending a divorce petition and other documents to court The divorce court issuing the divorce proceedings and sending a copy of the divorce petition to you (the respondent) You filling in an acknowledgement form stating that you want to contest the divorce proceedings. There is a time limit to complete this form You filing a document (called an answer) saying why you oppose a divorce. There is a time limit to file the answer The petitioner can then chose to submit a document called a response to your answer The divorce court lists the divorce proceedings for a directions hearing to decide what orders are needed so that the contested divorce proceedings can be listed for a final hearing At the final hearing of the contested divorce, the judge decides if the petitioner is entitled to a divorce. If so, the decree nisi of divorce is pronounced. The decree nisi does not finalise the divorce proceedings as you have to wait for the decree absolute of divorce for the divorce to be made final Just over six weeks from the date of the decree nisi the petitioner can apply for decree absolute of divorce to end the marriage.   Remember that because of the change in divorce law all you are doing by contesting the divorce proceedings is delaying the divorce as eventually the petitioner will be able to secure a divorce under the new divorce law. In addition a divorce lawyer may recommend that it is in your best financial interests to go ahead with a divorce as quickly as you can because it isn’t until the decree nisi of divorce that the court can make a financial court order, either by agreement or after a contested court hearing. In some family scenarios the timing of the financial court order can be crucial and affect the size of your financial settlement.   What is no fault divorce? The government has brought in new divorce law for no fault or no blame divorce proceedings. Divorce solicitors say that this has led to an increase in enquiries about contesting divorce proceedings now as people think that they might be better off forcing their husband or wife to wait until about autumn 2021 when they can start no fault divorce proceedings. Often that isn’t the case.   In summary the no fault divorce proceedings mean that: A husband or wife can decide to start the divorce proceedings jointly or, if they prefer, one of them can commence the divorce proceedings In a no fault divorce you can't contest the divorce proceedings Instead of having to prove adultery, unreasonable behaviour or separation to get your divorce all a petitioner needs to show is that the marriage has irretrievably broken down by providing a statement of irretrievable breakdown A no fault divorce will take a minimum time of six months from the start of the divorce petition to the decree absolute of divorce. This six month period isn’t because of court delays but to allow time for reflection before the decree absolute of divorce is pronounced.   Manchester divorce solicitors say that most couples, under the current divorce law, are able to avoid contested divorce proceedings after taking specialist legal advice on their options and the implications of contesting the divorce, leaving the couple to focus on resolving child custody and contact and their financial settlement and financial court order. Manchester and Cheshire Divorce Solicitors Manchester and Cheshire based Evolve Family Law solicitors specialise in divorce proceedings, children law and financial settlements. If you need advice about contested divorce proceedings or on any other aspect of family law call us or complete our online enquiry form. Our offices in Holmes Chapel, Cheshire and Whitefield, Manchester are open with social distances measures in place for face to face meetings, however an appointment is required. We also offer remote meetings by appointment by video call or telephone for those who prefer not to travel.

As divorce and family law solicitors based in Holmes Chapel, Cheshire and Whitefield, North Manchester, the latest research from the Legal Services Board was of particular interest to the Evolve Family Law divorce team. At Evolve Family Law we have long thought that ‘‘North is best’’ and the official research seems to agree with us. In this blog we look at the latest Legal Services Board research findings and what they mean for those of you needing divorce, family law or private client help. Divorce and family law fees Research published by the UK Legal Services Board on the cost of divorce and Wills has confirmed what many Manchester and Cheshire solicitors thought, namely that legal advice is generally twenty percent cheaper in the north of England compared to legal fees in the south of England. The official research has revealed that divorce firms based in London are on average a third more expensive than those based outside London.   Manchester divorce solicitors say that the Legal Services Board research has confirmed that there really is a north-south divide when it comes to legal fees. Some may question the quality of what you get ‘’up north’’ or think that the mantra that ‘’you get what you pay for’’ must be right but the Legal Services Board research does not indicate that there is any difference in the quality of the family law legal advice that you receive depending on the location or postcode of your divorce and family law solicitor.   Divorce and fixed fees It is always hard to judge if you are getting value for money with a fixed fee divorce or family law or Will package. However, the Legal Services Board research reveals that divorce law firms who offer fixed prices are on average over a third cheaper than those law firms where estimates of costs are given.   At Evolve Family Law we are committed to transparency on costs and providing as much information online about our fixed fees and pricing. Our cost guide can be accessed here. We also welcome calls to discuss potential legal fees. [related_posts] Should I shop around for a divorce solicitor? The Legal Services Board advises that those with a legal problem shop around and check out potential legal fees. According to the LSB only a fifth of those needing legal advice currently look around and check out fees before committing to instructing a solicitor.   The chair of the Legal Services Board, Dr Helen Phillips has stated: ‘‘Whether buying a home, getting divorced, or making a will, we encourage people to shop around to find a good value deal that meets their needs. Unless they shop around, people risk paying far more than they need to. Where people don’t feel they need to deal with a lawyer face to face, they could make considerable savings by using providers in parts of the country where prices are cheaper.’’   The legal advice price research was commissioned jointly by the Legal Services Board, the Competition and Markets Authority and the Ministry of Justice. The research involved interviewing 1,500 legal businesses in England and Wales and included a spread of legal firms across different types of legal provider and in different locations across the country.   Is a good divorce solicitor all about price? At Evolve Family Law, whilst we believe in transparency on legal costs and fixed fees, we also recognise that choosing a divorce solicitor or a Will or probate solicitor isn’t just about the legal fees. You need to be able to feel confident that your solicitor will listen to you and will offer you the guidance you need so you can make informed choices, whether that is about a child arrangements order application for your children or a divorce financial settlement.   Evolve Family Law recommend that in addition to looking at online information about price structures that you speak to a solicitor to make sure that you can form a trusting relationship and work together. Don’t worry about distances as divorce, Will and probate solicitors offer appointments by video conferencing, Skype or by telephone appointment. Most family law clients say that speaking to their chosen divorce solicitor in the comfort of their home is more relaxing, and according to the latest Legal Services Board research, it could also result in you achieving considerable savings in legal fees. How can Evolve Family Law solicitors help you? For legal help with any aspect of family or private client law, from divorce and separation advice to child arrangements order applications or representation in financial settlement and  financial court order proceedings, negotiating a prenuptial agreement or the preparation of your Will or Lasting Power of Attorney call Evolve Family Law or complete our online enquiry form to set up a meeting, video conference or telephone appointment.

The Sunday Times recently ran a piece on ‘emotional labour’ and here at Evolve Family Law that sparked a debate about what emotional labour is and to what extent it plays a part in UK divorce proceedings. If you aren’t sure what emotional labour is and how it could affect your divorce proceedings then read on.​ What is Emotional Labour? Apparently the term ’emotional labour’ first began to be used back in 1983 to describe repressed feelings and emotions at work. Whilst we may not have head of the term we have all bitten back a sharp comment or retort to a work colleague at one point or other, knowing that a sarcastic reply won't help with the need to work together. Fast forward to 2020, and the term emotional labour is now being used in the home environment. I am sure all of you will have suppressed your first thoughts and replies when asked about whether you want the bins taken out, the dishwasher emptied or what time the meal will be ready for as your other half has plans for the evening (that don’t include you).   Emotional labour isn’t just about suppressing your first response to your partner when asked if you want the dishwasher emptied when there are no clean cups or plates in the cupboard and you have just come off a ten hour shift with your other half and the children looking expectantly for their evening meal. It is also about all the other things in a relationship that can quietly drive you crazy as you feel obliged to hide your true feelings for the sake of your partner’s feelings and/or the children’s feelings. Examples include: Having to have the mother in law to Sunday dinner each week when she clearly can't stand you and never reciprocates with an invitation back Always having to select the children’s birthday presents but not say anything when the children assume that the present was chosen jointly Taking sole responsibility for taking the children to rugby practice when you can't stand sport or the biting wind, and would also much prefer a Sunday lie in (like your partner) having worked hard all week and not being the parent who’d encouraged the child to try for a place in the rugby team in the first place.   Do any of those examples ring true in your relationship? Our Manchester divorce solicitors say that it is often only when the decision to separate has been made that either a husband or wife will realise and acknowledge that they are doing the work of two people in the relationship. [related_posts] Does Emotional Labour Lead to Divorce Proceedings? Whilst you don’t currently hear husband or wife's saying that they are getting divorced because of ‘emotional labour’, it is undoubtedly the case that emotional labour is behind some marriage breakdowns and the commencement of divorce proceedings based on the unreasonable behaviour of either a husband or wife.   Can anything be done to stop emotional labour and the breakdown of a marriage? Divorce lawyers are positive that in the right scenario there is help available such as: Family or couple therapy to discuss how you feel and the need for change Individual therapy to help you accept your husband or wife's behaviour and the fact that they aren’t likely to change Professional help to ease the load on one partner in the relationship, whether that is a housekeeper, cleaner or au-pair.   If you can't stop the emotional labour (and can't live with it) then it may prompt divorce proceedings. The divorce proceedings could be based on your partner’s unreasonable behaviour as, in 2020, it is clear that a relationship needs to be if not an equal division of work and home labour then at least a fair one so one partner doesn’t feel they are hard done by and has to suppress emotional labour as that isn’t healthy for the individual and will eventually lead to the start of divorce proceedings unless the problem can be acknowledged and change occurs.   At Evolve Family Law we are grateful to the Sunday Times for giving a name to ‘emotional labour’, something that we are all aware of and with an understanding of just how pernicious the problem can be when you are caught up in a long standing relationship where one partner’s feelings and emotions just don’t count. Online and Manchester and Cheshire Divorce Solicitors Manchester and Cheshire based Evolve Family Law solicitors specialise in family law and divorce proceedings. If you need legal help with family law, from divorce to your financial settlement or childcare arrangements, call Evolve Family Law or complete our online enquiry form to set up a meeting, video conference or telephone appointment.