Divorce

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.

As Manchester divorce and family finance solicitors advising separated couples, we think getting divorced and trying to sell your family home during a global pandemic is a lot to expect of anyone. It isn’t therefore surprising that many of the calls that we’re currently receiving are from husbands or wives concerned about if or how they can get divorced and sell the family home. In this blog we look at the issues and your best options when it comes to divorce and selling the family home. Online Family Law Divorce and Financial Settlement Solicitors Manchester and Cheshire based Evolve Family Law solicitors specialise in divorce and financial settlements. If you need advice about a financial settlement and the family home or any other aspect of family law call Evolve Family Law on 0345 222 8 222 or complete our online enquiry form to set up a video conference or telephone appointment.Should I sell the family home? Sadly, some divorcing couples don’t have a choice: the family home has to be sold. For others you can make the financial or personal choice to either sell up, transfer the property to your husband or wife or keep the property yourself.   Often people have a strong knee jerk reaction that they must keep the family home at all costs whilst others are equally adamant that they don’t want to stay in the family home because of the memories associated with it. Undoubtedly selling a family home and moving involves hassle but it is best to consider all your options and the practicalities of a move, such as: How much is the family home worth and how much would I need to spend to buy a suitable new property? If I stay at the family home would the mortgage company agree to transfer the mortgage into my name? If I sell and buy another property what is the maximum mortgage that I could get? Can I afford the monthly mortgage payments on the family home after taking into account any spousal maintenance or child support paid or received? Is it better to make a fresh start and take advantage of the stamp duty holiday? Will my husband or wife agree to the sale of the family home?   The effect of Covid-19 on your decision to sell the family home Experienced family law solicitors encourage separating couples to look at whether they should sell the family home or not from a short and long term perspective so that you make the right decision for you and your family. However, it is inevitable that Covid-19 may have some influence on your decision making process because: You are worried about house prices and achieving your sale price You are concerned about getting the mortgage on the family home transferred to you or taking out a mortgage on a new property if you don’t feel that your job is secure or you are worried that your husband or wife is at risk of being made redundant and redundancy will affect their ability to pay you child support and spousal maintenance You want to take advantage of the stamp duty holiday as you think that it will be easier to sell the family home during the period of the stamp duty holiday and you will save money on your purchase.   With or without the pressures of Covid-19 the decision to sell the family home, or resolving which one of you should stay at the family home, is always a stressful decision. That is why it is best to take time over your decision and not be too influenced by the views of teenage children who may be leaving home to go to university soon leaving you with a house that is too large for you and without sufficient money to pay for life’s luxuries such as holidays. Alternatively, you could end up with the family home but the trade-off is that you don’t get a share of your husband or wife's pension so you eventually have to sell the family home to fund your retirement. However, the released equity on the sale of the family home won't necessarily give you the same income return that a pension sharing order would have done.   Manchester divorce lawyers recognise that with the news all about Covid-19 and reports of localised Manchester and North West lockdowns it is tempting to decide what to do about your family home and your financial affairs based on your Covid-19 concerns. Family lawyers can help you look at all your options and factor in Covid-19 as just one consideration in your deliberations about what to do about your divorce and the family home.   The best way to divorce and sell the family home If you are getting divorced and thinking about selling the family home here are our tips on selling the family home whilst separating from a partner or getting divorced: Is it realistic for you both to live at the family home until it is sold bearing in mind that once the property is sold it will take time for the conveyancing process to reach completion? It is advisable to always take legal advice before leaving the family home as doing so may make your husband or wife less keen to achieve a sale. However, if the atmosphere at home is affecting you, then one option would be for one of you to rent a property or stay with family until the family home is sold Consult with your husband or wife over the sale price and choice of estate agent and make sure that the estate agent keeps you both informed about viewings and the feedback from prospective buyers. That way if the estate agent recommends a reduction in the sale price your spouse is more likely to be willing to consider this Get your paperwork in order as requests for documents from your buyer’s solicitor can delay the sale of the family home. If you have had work carried out at the property you need to locate your planning and building regulation documents, electrical, gas and FENSA certificates or organise duplicate paperwork Agree how you will divide the household contents as the last thing that you are likely to want to do is try and sort out household contents at the date of the sale. It is best to list the household contents and both sign the agreed schedule and the division of contents between the two of you and highlight what items, if any, will be sold with the house Think about whether you want to sell the family home if you haven’t reached a financial settlement with your husband or wife. It is common for a sale of the family home to be achieved before you reach a full financial settlement including how pensions, business assets and investments are split as well as whether spousal maintenance should be paid and for how long. If you are happy with the sale price of the family home and fear that you will risk losing your buyer if you delay beyond the end of the stamp duty holiday you could agree with your husband or wife that the net proceeds of sale of the family home (after discharging the mortgage, conveyancing solicitor and estate agent fees) are kept in a joint account or by a solicitor until agreement is reached or a financial court order is made. In some situations you can agree to the release of some extra money to allow you to buy your planned new property or to discharge family debts If your spouse won't agree to a sale of the family home get a court order. If you are certain that the family home has to be sold as it isn’t financially possible for either of you to take it on because the mortgage company won't transfer the existing mortgage into one of your names or you won't be able to afford the mortgage on one salary then speak to a divorce and financial settlement solicitor about starting financial proceedings for an order for sale of the family home. If your husband or wife won't cooperate with the sale of the property then a family judge has the power to make orders about the sale price, the choice of estate agent and can even sign the paperwork to sell the property if your ex-partner refuses to sign the contract to sell the house or the deed of transfer. How can Evolve Family Law solicitors help? Following the tips on how to sell your family home during a separation or divorce may make the sale process a bit easier but Manchester divorce and financial settlement solicitors recognise that taking the decision to separate and sell up is hard, especially in such troubled and turbulent times. For advice on any aspect of family law or information on your financial settlement options call Evolve Family Law on 0345 222 8 222 or complete our online enquiry form to set up a video conference or telephone appointment.Latest From Our Divorce Blog:

You may think that when it comes to getting divorced and sorting out a financial settlement you don’t get a choice about where to start court proceedings. Our Manchester divorce solicitors will tell you that isn’t necessarily right and that when it comes to choosing your divorce forum it is best to get expert legal advice to make sure that you make the decision that is right for you. In this blog we look at the recently reported case of Mr and Mrs Villiers that highlights how a short geographical distance can make an enormous difference to the size of your financial settlement. The Case of Mr and Mrs Villiers One of the things that the Villiers case reminds divorce solicitors about is that divorce forum shopping doesn’t have to involve international families. That is because the disputed jurisdiction was between England and Scotland.   Charles Villiers asked the English Supreme Court to rule that his wife’s spousal maintenance claim should be decided in Scotland because he had started his divorce proceedings there. In 2014 Mr Villiers filed for divorce from his wife, Emma in Scotland. During the eighteen year marriage the couple lived near Dumbarton in Scotland. When the marriage broke down Emma Villiers moved to London and started a new life there. In 2015 Emma Villiers applied to an English court under section 27 of the Matrimonial Causes Act 1973 for spousal maintenance. The English court ruled that she was habitually resident in England at the time of her application and so was entitled to ask the English court to rule on the amount of spousal maintenance. Mr Villiers disagreed and he therefore appealed the jurisdiction decision. His appeal eventually arrived at the Supreme Court.   The Supreme Court ruled, by a majority decision of three to two, that Emma Villiers could pursue her spousal maintenance claim in England.   You may question why time and legal fees were spent on arguing on court jurisdiction when Scotland and England are both part of the UK and not a million miles apart.   The cost of the court proceedings makes sense in the financial context that family courts in Scotland only tend to order payment of spousal maintenance for three years. Manchester divorce solicitors say that the Scottish position is sharply contrasted to the position in England where, in an appropriate case, a family judge can order spousal maintenance for life. Spousal maintenance for life means that the spousal maintenance payments won't stop until: The payer dies – however the spouse receiving the spousal maintenance payments can make a claim against the estate if financial provision isn’t made under the terms of the Will or through an insurance policy The payee dies The payee remarries The court makes an order to stop payment of spousal maintenance – for example, if the spouse receiving the spousal maintenance is in a long term cohabiting relationship or wins the lottery.   Court jurisdiction makes a big difference when the monthly spousal maintenance payments amounts to £5,500 per month on an interim basis. Furthermore, Mrs Villiers is asking the court to award her spousal maintenance of £10,000 per month based on the lifestyle enjoyed by the family during the marriage and her husband's wealth, although the extent of his wealth and the relevance of family trusts is disputed by him.   Doing the calculations, maintenance at £10,000 per month for three years amounts to £360,000 using Scottish law spousal maintenance principles but if sixty one year old Emma Villiers succeeds in her argument for life time spousal maintenance using English spousal maintenance principles then the figure could be far higher.   Mr Villiers said that his wife's actions in starting court proceedings in England amounted to ‘'divorce tourism'’ but the Supreme Court has ruled against him this week and therefore the spousal maintenance court proceedings will take place in England.   [related_posts]   The Supreme Court decided that the English court has jurisdiction to hear the wife's spousal maintenance application because the divorce proceedings in Scotland are not what it called a ‘‘related action’’ under article 13 of the Maintenance Regulations. Not all of the Supreme Court judges agreed with the decision but the lead judge said that as Emma Villiers is habitually resident in England the court in England can decide the issue of spousal maintenance.   The decision is being seen by many as a charter for divorce shopping to ensure that a husband or wife gets the optimum financial settlement through their choice of court jurisdiction to hear the divorce or associated financial proceedings.   England is known for its generous financial provision for the spouse who is in a weaker financial position and the decision in the case of Mr and Mrs Villiers will reinforce that view amongst international divorce solicitors.   If there is potentially more than one court jurisdiction for your divorce and financial court proceedings then it is best to take early legal advice from an expert Manchester divorce and financial settlement solicitor to make sure that you achieve a financial settlement that best meets your needs. Our Manchester Divorce Solicitors For specialist divorce and financial settlement legal advice call Whitefield, North Manchester and Cheshire based Evolve Family Law or complete our online enquiry form. We offer family law consultations by face to face appointment, video conferencing, Skype or by telephone appointment.

There has been a lot of coverage in the newspapers on the topic of mental health and how Covid-19 and the lockdown has affected us all; whether that’s physically, mentally or financially. What is clear is that divorce solicitors have seen a rise in enquiries about divorce proceedings following the end of the Covid-19 lockdown citing mental health issues as the reason for the decision to separate. In this blog, we look at the complex topic of divorce and mental health. For expert family law advice call our team or complete our online enquiry form. Covid-19, Mental Health and Divorce None of us ever envisaged having to go into lockdown to fight an invisible but pernicious enemy or realised how hard it could be on our own physical or mental health or that of our friends and family. Most of now have a greater appreciation of the phrase ‘’stir crazy’’ than we did before March 2020.   Now that we are out of lockdown and restrictions are being eased many of us are taking the opportunity to re-evaluate our lives and look afresh at what is really important to us and to our family. For some, problems in relationships that existed prior to the global pandemic, have become more apparent during the confinement of lockdown and hence the rise in divorce enquiries seen by Whitefield divorce solicitors.   Many husbands and wives are citing mental health issues (either on their part or their husband, wife or civil partner) when explaining the decision to separate. Divorce solicitors would be the first to say that they aren’t doctors and that divorce should not be seen as either the first or the easy option. That is why Whitefield divorce solicitors recommend looking at whether mental health issues can be addressed before you take the decision to separate. For example, if a spouse is able to recognise that their mental health is affecting the marriage or their spouse’s health and take the decision to get treatment, comply with a medication regime or engage in either couple or individual counselling.   In some cases, the lockdown has just confirmed what people already knew; that their relationship was in trouble and that counselling would not help save the marriage. Counselling, on either an individual or joint basis, can still play a very helpful role in some families by assisting you to come to terms with the separation and move on with your lives.   Manchester divorce solicitors are asked many questions about mental health and divorce and here are some answers to the frequently asked questions. We have used husband and wife in the questions but these are interchangeable as mental health affects everyone. Can I get divorced if my husband is mentally unwell? You can get divorced if your husband or wife is mentally unwell. Many people who experience mental health problems are able to engage in court proceedings, hold down a job, parent their children and manage their personal and financial affairs on a day-to-day basis.   However, if the mental health problems are such that your husband or wife is seriously ill (either temporarily or on a permanent basis) and does not have the capacity to take part in divorce proceedings then a person (called a litigation friend) can be appointed to act in their best interests. This makes the divorce proceedings a bit more complicated but you can still start and finalise divorce proceedings even if your husband or wife’s mental health is such that they are not well enough to take part in the court case. The decision on whether a spouse is able to take part in divorce court proceedings is made by the medical profession and court after an assessment of capacity. Can I stop contact because of the dad’s mental health? If either parent has mental health problems this isn’t a bar to contact or child custody. If one parent is worried about the behaviour of the other parent and thinks that the behaviour stems from their mental health issues, the best solution is to try to get medical and professional help. If that doesn’t work, or your husband or wife refuses to accept that they have a problem or won’t acknowledge the impact of their behaviour on the children, then you can apply to the court for a child arrangements order.   A child arrangements order sets out which parent a child should live with and how much contact should take place with the other parent. When deciding on whether to make a child arrangements order and the exact child custody and contact arrangements a family judge will decide what he or she believes is in the best interests of the child after assessing a range of factors, referred to as the ‘’welfare checklist’’.   One of the factors in the welfare checklist is ‘’how capable each parent is of meeting the child’s needs’’. A child’s needs don’t just mean food on the table and being sent to school but how a parent can meet a child’s emotional needs. A parent doesn’t need to be ‘’perfect’’ to parent a child or to have contact with them but they do need to be able to protect them, both physically and emotionally.   Decisions on custody and contact are also influenced by the age of a child and their wishes. For example, a teenage child may be used to caring for a parent who is unwell and if contact were to stop the child would be anxious and more distressed than not seeing their mother or father, even if the parent is unwell. It should also be remembered that health can change and the needs of a child can alter as they grow up. How do I reach a financial settlement when my wife won’t cooperate because of her mental health? It is always best to try and reach an agreement on a financial settlement if you can do so. That is because it saves time and money. There are many reasons why a husband and wife can’t reach an amicable financial settlement, including the mental health concerns of either a husband or wife. Reaching a financial settlement is still possible by starting financial proceedings and asking the court to make a financial court order.   If a spouse doesn’t have the mental capacity to take part in the financial proceedings their interests will be protected by the court appointing someone to act in their best interests. For example, if a spouse is seriously unwell, they may say that they want nothing from the marriage even though they are entitled to at least fifty percent of the family assets and will need the money to rehouse and support themselves. The person appointed to act for them must do what is in their best interests, rather than agreeing to the other partner keeping everything. [related_posts] Will my husband’s mental health affect the financial settlement? A husband or wife’s mental health may affect the financial settlement depending on the severity of their mental health condition, the treatment options and prognosis, and a range of other factors. A specialist divorce solicitor can advise on the likely impact, if any, of a mental health condition on a financial settlement. For example, mental health may have an impact on employment prospects and spousal maintenance or employment and retirement plans and pension options or housing needs and mortgage capacity. Every family situation is different so it is best to get expert legal advice. Divorce and mental health Many people struggle with their mental health at some point in their lives. Their problems are often temporary but that isn’t always the case or a separation or divorce can exacerbate mental health problems. If you are in that position, or your husband or wife or civil partner is, then the best thing that you can do is ensure that the family has the practical, counselling, medical and legal support the family needs to get you all through a tough emotional time. Our Manchester Divorce Solicitors At Evolve Family Law, based in Whitefield, North Manchester and Holmes Chapel, Cheshire, our expert divorce solicitors provide friendly, approachable advice on all aspects of family law. If you need legal help with a separation or divorce or child contact and custody or assistance with a financial settlement then call us for an appointment with our specialist Whitefield divorce solicitors or complete our online enquiry form.