Divorce

Emotional abuse is one of those tricky topics. Many people don’t like to admit that they are being emotionally abused because it makes them seem weak or thin skinned. However, the Covid-19 pandemic and the confinement of lockdown at home has made many people realise that it is time to confront emotional abuse in their relationship. In this blog we look at emotional abuse and your options on what to do about emotional abuse in your marriage. What is emotional abuse? As we gradually start to emerge from lockdown people are asking questions about their relationships, often because they have spent far more time with their partner in a relatively confined space than at any other time. Sometimes that experience has brought out the best in a relationship and at other times people have experienced far more physical or emotional abuse than they would normally have if their partner had been working or able to see friends and family. Sometimes, the stresses of working on the ‘’front line’’ in a key worker role has meant that a partner has brought their fears home with them and their behaviour has had a very negative impact on their partner and children.   Family law solicitors say that unless it is an emergency situation you should take time to think before you make any major decisions about your relationship. It is important to reflect on your partner’s behaviour and consider if it is emotional abuse. Whilst it is best not to make a rapid decision to separate it is equally sensible to look at whether what you are experiencing is emotional abuse and to ask yourself if there is any prospect of your partner or spouse recognising their behaviour as abusive and doing something to change their behaviour.   Sadly, for many husbands, wives, and partners, emotional abuse can become part of their daily life so they become inured to it. Often, it when their partner’s behaviour has turned on the children during lockdown, with the children being at home and underfoot all day, that the behaviour is seen for what it is; emotional abuse.   What is emotional abuse? It is difficult to define emotional abuse because unlike physical violence there is no obvious slap mark, bruise or fracture. The effects of emotional abuse are often not obvious but they are equally damaging as physical abuse.   Emotional abuse is all about control through the manipulation of your emotions. It isn’t a one off experience but is normally a slow and invidious process until it gets to the stage that you haven’t got the strength to leave the relationship. Sometimes it takes something as dramatic as the Covid-19 lockdown or seeing your partner start to emotionally abuse your child that is the ‘’wake-up call’’ to get help.   Emotional abuse isn’t about having rows, shouting at one another, or saying words you regret. We all do that in relationships, especially if we are under pressure because we are confined at home or are worried about work and financial matters. Emotional abuse is best described by example as it can be subtle. Examples of emotional abuse and controlling behaviour include: Constantly belittling you from telling you that you are a fool, ‘’incapable of doing that’ ’and judging your efforts Giving directions on what you should wear, how much you should eat, when you should speak, who you should see and if you can go out If you challenge the behaviour, telling you that you are insane and that no one will believe you if you speak out Refusing to speak to you or leaving the family home for days if you ask them to change their behaviour Taking over control of almost every aspect of your life from money management and access to funds to making all the important decisions about the children and to making the decisions for you from who you vote for to your choice of hairstyle Restricting you so you are not able to speak on the phone to friends and family as phone and internet activity is monitored and not able to meet with family because your movements are tracked or you fear that you will betray yourself and let something slip about having spoken to a friend.   Sometimes those in emotionally abusive relationships also experience physical violence. Many say that the physical violence is easier to cope with than the constant emotional abuse or living with a partner who is silent and won't speak for days because you have committed some minor misdemeanour.   Emotional abusers can temper their abuse with gifts and kind words thus giving you hope that they have changed or that they can't help their behaviour because they love you so much. This type of abuse is so subtle and powerful that people from all walks of life can find themselves caught up in an abusive relationship and not know how to get out. [related_posts] What help can you get if you are in an emotionally abusive relationship? Many people think that they can't ask for help because what they are experiencing isn’t ‘’domestic violence’’ or that ‘’no-one will believe me’’ or that ‘’I can't afford to leave’’. None of those statements are true.   An experienced and understanding family law solicitor will talk you through your options. Importantly they won't try to control your decisions or tell you what you must do. However they can guide you and support you, whether you decide to stay with your partner or decide that a separation or divorce is the best option for you and your family.   Many divorce and family law solicitors work with professional counsellors and therapists who can offer: Joint sessions for you and your partner to see if the problems within your relationship can be addressed or Individual help to an emotional abuser to get them to accept their behaviour for what it is or Individual help for you to help you recover your self-esteem and confidence after years in an emotionally abusive relationship.   A family solicitor can help you with: Advice on a temporary separation including whether you should stay in the family home and financial matters such as spousal maintenance and child support and short term parenting arrangements and contact (child arrangements order) A long term separation or divorce with help with a separation agreement, divorce proceedings, child custody and contact and a financial settlement Court orders to protect you such as an occupation order so you can stay in the family home or a non-molestation order. Our Family Law and Divorce Solicitors Whether you need legal help with an emotionally abusive relationship, a separation, divorce, maintenance, an injunction, financial settlement or children order the specialist but friendly and supportive team of family lawyers at Evolve Family Law can help you. Call us or complete our online enquiry form. We can set up a video conference, Skype or telephone appointment for you or arrange a face to face meeting at our offices in Holmes Chapel Cheshire or Whitefield Manchester.

​Whilst the world is still in the grips of a global pandemic and with the financial aftermath of coronavirus only now starting to be fully appreciated it is a challenging time to reach a financial settlement. In this blog we look at valuing assets in divorce proceedings and the impact of coronavirus on reaching a financial settlement. Assets in divorce proceedings Prior to looking at the topic of valuing assets, most divorce solicitors are first of all keen to ensure that all the assets that a husband or wife own in their sole name or jointly with their spouse or a third party are listed and disclosed. Supporting paperwork must be provided.   If a husband or wife starts financial settlement court proceedings the court will order them both to complete a document referred to as a ‘’Form E’’. If you are trying to negotiate a financial settlement, without starting financial court proceedings, it can still be useful to complete a Form E. Alternatively your divorce solicitor may prepare an asset schedule and provide that to your husband or wife's solicitor together with all the relevant documents relating to  the assets in the schedule.   Divorce solicitors say that however you provide information about your assets it is essential that you provide full and frank financial disclosure. If you don’t then the likelihood is that any financial settlement negotiations will break down. If your husband or wife finds out about an undisclosed asset after a financial court order has been made your ex-spouse could apply to set aside the court order. They could ask the court to order that you pay their costs and ask that your non-disclosure is reflected in the size of any new financial court award.   Valuing assets in divorce proceedings In such turbulent financial times you may question how you can value assets given the uncertainty about the housing market and recent falls in the stock market with experts questioning whether listed stock has further to fall. Equally, if you own a family business, for example, a hairdressers or restaurant, you may question what value your business has at this moment in time.   Divorce solicitors say that when it comes to valuing assets if a couple can't agree on what an asset is worth then they should ideally joint instruct an expert in the relevant field to carry out a valuation, such as: A surveyor for property such as the family home or a buy to let portfolio or commercial property owned as part of a family business or held within a pension structure An accountant to value non-listed shares or the value of a family business A pension actuary to value a pension.   All valuers, whether they are a surveyor or an actuary, will tell you that valuing an asset is more of an art than a science and that valuations can fluctuate.   In the current pandemic with worries about job security and the impact of that on your mortgage capacity it can make negotiating a financial settlement a worrying time. [related_posts] Whilst there are clearly many uncertainties and challenges ahead of us a specialist divorce solicitor will be able to guide you on: The timing of obtaining valuations of assets and if historical valuations should be updated The importance of taking financial advice and checking things such as mortgage capacity, size of deposit needed for a house purchase or any revised pension projections for a private pension scheme Whether it is best to share risk by dividing each type of asset rather than, for example, one of you keeping all the cash savings and the other getting the equity in the family home or one of you getting the family business and the other keeping the pension and the family home Whether you should agree to a clean break financial court order as that type of court order prevents future financial claims for spousal maintenance by a spouse including if, for example, you can't get a job or you lose your job If you should agree to capitalise any future spousal maintenance payments by giving your spouse a cash sum instead of ongoing monthly spousal maintenance payments.   Next steps Whether you are at the start of your separation or contemplating starting financial proceedings the important thing is to take expert legal advice from a divorce solicitor who has the experience to guide you on how best to achieve a fair and reasonable settlement. That way you can move on with your life, notwithstanding the changes brought about by Covid-19. Online Divorce and Financial Settlement Solicitors Cheshire and Manchester based Evolve Family Law solicitors offer face to face and online appointments to negotiate financial settlements and provide representation in divorce and financial proceedings. If you need advice on any aspect of family law call us or complete our online enquiry form to set up a meeting, video conference or telephone appointment.

Many people question why they need a financial court order. That’s because they assume that if they get divorced then their decree absolute of divorce finalises everything and there’s no need to get a financial court order as once you are divorced it is an automatic end to any financial ties with your former husband, wife or civil partner. Manchester divorce solicitors say that isn’t right and that a financial court order is essential to give you financial security and peace of mind. In this blog we answer your questions about financial court orders and why you need one after a separation or divorce or dissolution of your civil partnership. Does a divorce end financial ties between husband and wife? A divorce doesn’t end the financial ties between a husband and wife or between civil partners. The divorce or dissolution ends the legal relationship of marriage or civil partnership. However, there can be ongoing financial ties or the potential for one spouse or civil partner to start financial proceedings to make financial claims months or even years after the divorce or dissolution proceedings have been finalised through the pronouncement of your decree absolute. How can I stop financial ties with my ex-husband or wife? To stop financial ties with an ex-husband or wife you first of all need to look at what existing financial ties you have, such as: Is the family home still owned jointly? Is there a mortgage on the property? Could one spouse buy the other out and get the spouse released from the joint mortgage liability so that they can use their share of the equity and a mortgage to buy a new property? Are you waiting for the sale of a family home and still contributing towards the outgoings on the property until sale? Are you receiving or paying spousal maintenance? Do you own a family business and does your spouse or civil partner have a financial interest in the business or are they employed by the business? Are you retired and receiving some of your husband or wife's pension each month to support yourself?   There are many other examples of financial ties between a husband and wife or between civil partners. You may not appreciate the extent of your existing financial ties or the potential financial claims. That is why it is best to take legal advice, preferably before you separate but, if not, as soon as you are able to do so after you or your partner has taken the decision to go your separate ways. Will a prenuptial agreement stop financial ties if there is no court order? If you signed a prenuptial agreement or a postnuptial agreement it is important to let your divorce solicitor know because the agreement may limit financial ties between you and your husband, wife or civil partner. In the UK a prenuptial agreement or postnuptial agreement isn’t legally binding so it is best to take legal advice on your separation or divorce as you will still need a financial court order. That is the case whether or not you are both content with the financial terms set out in the prenuptial agreement or postnuptial agreement. Will the death of a former husband or wife end the financial ties? If your former husband, wife or civil partner passes away you may think that is the end to any financial ties but a surviving spouse or civil partner or a dependent former spouse or civil partner can bring a financial claim against the deceased spouse or civil partner’s estate if they can say that the Will or intestacy rules did not leave them with reasonable financial provision. That is why , if you are separating or divorcing, you not only need a financial court order to stop or limit any financial claims but you also need to review the provisions in your Will and take advice on how to avoid a claim against your estate. Does a separation agreement stop financial ties between a husband and wife? If you separate and decide that you don’t want to get divorced you may decide to sign a separation agreement to record how your financial affairs will be regulated. The separation agreement could provide for ongoing financial ties, for example, the payment of spousal maintenance or an agreement that the family home will stay in joint names and won't be sold until your youngest child is eighteen. Alternatively, the separation agreement could say that you both agree that there are no more financial ties between you and neither of you will make any future financial claims against the other.   Like a prenuptial agreement, a separation agreement isn’t a legally binding document and one of you could try to start a financial claim, despite the contents of the agreement or could ask for more provision than that detailed in the agreement. Depending on the circumstances in which the separation agreement was drawn up, the contents of the separation agreement may be heavily influential if one of you were to start financial court proceedings. However, divorce solicitors always recommend that the contents of a separation agreement are converted into a binding financial court order as soon as you are able to do this because a clean break financial court order will give you both financial security and peace of mind. Does a financial court order stop financial ties between an ex-husband and wife? A financial court order will either stop or regulate financial ties between an ex-husband and wife or between civil partners.   A financial court order that says that there are no existing financial ties between an ex-husband and wife and that neither one of you can bring any further financial proceedings against the other or their estate is called a clean break financial court order. This type of court order can either be made by agreement and approved by a family judge or made after a contested court hearing and a ruling by a family law judge.   In many family scenarios you may not be able to achieve a clean break immediately, for example, because you are waiting for the sale of a family home or the sale or transfer of shares in a family business or the implementation of a pension sharing order. However, the court can make what is known as a deferred clean break financial court order. That means once assets have been sold and other aspects of the court order complied with there is a clean break and spouses or civil partners can't bring any further financial claims. [related_posts] In some family situations it isn’t possible to end financial ties either immediately or in the long term. For example, in order to maintain a home for the children the family home may have to remain in joint names as you can't sell the property and the spouse looking after the children in the home can't get the mortgage company to transfer the existing mortgage into his or her name. You may only be able to sever financial ties when the family home is sold. Alternatively, if a former spouse or civil partner needs ongoing spousal maintenance for life you won't be able to stop income financial ties until the spouse or civil partner who is receiving the spousal maintenance remarries.   As it isn’t always financially possible to achieve a complete financial clean break and the end of financial ties between a husband and wife you should try to achieve as much financial security as you can by: A capital clean break – this stops claims for more cash or for the transfer of assets but leaves open ongoing claims for spousal maintenance A deferred income clean break – this gives an immediate capital clean break so a spouse can't ask for more cash such as money from the family home or for a bigger percentage of a pension but keeps open the income the financial ties until, for example, spousal maintenance payments stop. The court order could say that the spousal maintenance payments should stop after three years of maintenance payments with the clean break coming in automatically after three years because the court ruled that the spouse receiving the spousal maintenance should not be able to apply to extend the time spousal maintenance is paid for. Have I got a clean break financial court order? Divorce solicitors find that one of the most common reasons that people don’t understand their financial court order is that they don’t know if they have got an end to financial ties or not. A good divorce solicitor will spend the time with you so that you understand: The range of capital and income court orders that a family court can make either with the agreement of a husband and wife or after a contested court hearing The different types of clean break and end of financial ties that can be achieved Why a clean break may be very important in your particular financial and personal circumstances. For example, if you are a family business owner and you think that your business will significantly increase in value, you are the beneficiary of a discretionary trust, you anticipate receiving a substantial inheritance from a member of your family or you believe that your ex-husband or wife will squander their financial settlement and want to be able to ask for more from you The prospects of you achieving an immediate capital or income clean break financial court order if the judge had to make a ruling on whether to make a clean break financial court order. This information then enables you to try and negotiate and clean break with your former spouse and invite the court to make an agreed financial court order The risks associated with a clean break order. For example, if there is a contested court hearing your spouse after a long marriage may be likely to receive spousal maintenance for life. You could agree to give them a one-off cash lump sum instead of ongoing spousal maintenance to achieve your capital and income clean break. The risk to the payer is that spousal maintenance would not have to be paid if your former spouse remarried, predeceased you or if you lost your employment or business. The risk to the former spouse receiving the one off cash sum is that if the paying spouse’s income increased or business becomes more profitable they could have asked for an increase in the amount of spousal maintenance or for a bigger capitalised spousal maintenance figure. There isn’t often a right or wrong answer on whether or not to agree to a clean break as only you knows how valuable a clean break is in terms of having financial security. However, the important thing is that you are able to make an informed decision on what is best for you and your family. Manchester divorce and financial settlement solicitors Cheshire and Manchester based Evolve Family Law solicitors  specialise in resolving financial issues after a separation or divorce. For legal assistance with financial court orders or any other aspect of family law call Evolve Family Law  or complete our online enquiry form to set up an appointment, a video conference call or telephone appointment.

Whilst we are all living in unprecedented times and there are no certainties about when we will come out of the government imposed Covid-19 lockdown and know the full economic impact of coronavirus, questions are already being asked about whether the family court can be asked to change a financial court order because of the effect of Covid-19. In this blog we look at if you can ask a court to change your financial court order because of coronavirus.Online family law financial settlement solicitors Cheshire and Manchester based Evolve Family Law solicitors are working online to advise existing and new family law clients on all coronavirus related family law questions including financial issues arising from Covid 19. If you need advice on your financial court order 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.Jump to: Can a financial court order be changed? Covid-19 and changing financial court orders What is a Barder event? Is Covid-19 a Barder event? Can a financial court order be changed? Many people think that once a financial court order has been made then ‘’that’s it’’ but some aspects of a financial court order can be changed by making a variation application. Examples of when you can apply to vary a financial court order include: Applying to stop spousal maintenance payments Applying to reduce or increase the amount of spousal maintenance payments Applying to extend the length of time that spousal maintenance payments are paid for Applying to discharge or vary a child support maintence requirement contained in a financial court order such as a child support court order for step-children, a top up child support order or a child support order for a disabled child Applying to end or vary a school fees order so that you are no longer required to pay school fees or the order is changed to vary the percentage amount of the school fees you are required to pay under the school fees order Asking the court to capitalise the spousal maintenance payments in the financial court order so instead of ongoing monthly spousal maintenance payment a lump sum is paid as a one off payment Applying to the court to change the mechanics for the sale of the family home if the financial court order included an order that the family home should be sold. Whilst the court won't normally change how much you should receive from the sale proceeds, the court can give directions about the sale price of the family home or say whether an offer should be accepted or say whether the choice of estate agent should be changed or to order that a family law judge can sign the legal paperwork to sell the family home if one owner refuses to do so.   These are the types of clauses contained in a financial court order that can usually be changed either by agreement with your ex-husband or ex-wife or through making an application to vary specific clauses in the financial court order.Covid-19 and changing financial court orders  Given the financial and economic impact of Covid-19 some people want to make more drastic changes to their financial court order and want to know if they can apply to change: An order to transfer the family home into the sole name of their ex-husband or ex-wife as their ex-spouse can no longer secure a mortgage to take over the mortgage liability so they want the family home sold instead An order that the amount of a lump sum payment is reduced to reflect the reduction in the value of the overall family assets because of the drop in the value of investments or in the value of a family business An order that on the sale of the family home the ex-husband or ex-wife will get a fixed amount from the equity in the family home and their ex-spouse will get the balance of the equity An order that one ex-spouse retains cash assets and the other retains more illiquid assets (such as a share portfolio or shares in a family business) that are now either difficult to sell or would have to be sold at a significant undervalue to the value given to the asset at the time that the financial court order was made.   There are many other examples of situations where one spouse now thinks that the financial court order, either made by agreement with their ex-spouse or after a contested court hearing, is now very unfair and prejudicial to them.   Court rules say that although you can apply to vary or change some parts of a financial court order (like the payment of spousal maintenance or the mechanics of the sale of the family home) you can't apply to the court to change the capital elements of the financial court order (such as the amount of a lump sum payment or whether assets should be split differently to that ordered by the court) unless you: Appeal against the financial court order – you can only do this if you can say that the family judge either got the facts or the law wrong. There are time limits in which to appeal against a financial court order Apply to change the financial court order because of a Barder event (including the capital elements of the financial court order). What is a Barder event? A ‘’Barder event’’ is when an unforeseen event invalidates the fundamental assumption on which a financial court order was based. You may therefore think that the family court will treat Covid 19 as a Barder event as none of us, politicians included, realised the significance of the flu like virus in Wuhan when news of the illness was first confirmed by the Chinese authorities on the 31 December 2019.   However for something to be deemed a ‘’Barder event’’ the family court has previously decided that: The event must have occurred after the making of the financial court order The event must invalidate the basis, or the fundamental assumption, on which the financial court order was made The event must have occurred within a short time of the making of the financial court order The application to change the financial court order has to be made reasonably promptly Permission to pursue a Barder case won't prejudice a third party who has bought or acquired an asset that is now the subject of the Barder court application.   The key to making a Barder application is to do it quickly. If you leave things to ‘’see how coronavirus pans out’’ then you may leave it too late to apply to court to change the capital elements of your financial court order. As timing of the Barder application is crucial it is best to take expert family law advice as quickly as possible.Is Covid-19 a Barder event? What amounts to a Barder event is determined by a judge using guidance issued in earlier court of appeal decisions.   In 2008, the court of appeal decided that the global financial crisis and stock market crash was not an unforeseen event because markets fall and rise. Other court cases have said that natural market fluctuations aren’t a Barder event. However, many would argue that a global pandemic, wiping billions off the value of the stock market, was neither natural nor foreseeable back in early December 2019. Whether the impact of Covid 19 on the value of a family business or on an investment portfolio is treated as a Barder event on is yet to be tested but much may depend on the particular personal and financial circumstances of your case and that is why it is best to get expert legal advice.Online family law and maintenance solicitors Cheshire and Manchester based Evolve Family Law solicitors are here to answer all your family law questions whether it is a coronavirus related family law question, child contact, help with leaving an abusive relationship or financial issues arising from coronavirus. If you need advice on aspect of family law call us 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:

Coronavirus is making us look at every aspect of our lives, from how we socialise and exercise to how and where we work. With constant talk of hospital admission figures and mortality rates many of you are worried about raising your fears about coronavirus and financial concerns. However, whether you pay or receive either child maintenance or spousal maintenance , payments of maintenance may need to be reviewed and resolved. In this blog we look at child support, spousal maintenance and the impact of coronavirus. Online family law and maintenance solicitors Cheshire and Manchester based Evolve Family Law solicitors are working online to advise existing and new family law clients on all coronavirus related family law questions from child contact, help with leaving an abusive relationship during lockdown or the financial issues arising from Covid 19. If you need legal assistance call us or complete our online enquiry form to set up a video conference or telephone appointment. Coronavirus and spousal maintenance and child support payments When you agree to pay or to receive an amount in spousal maintenance or child support it is often assumed that the amount you are expected to pay, or that you will receive, won't change all that much . However, whether it is spousal maintenance or child support, the amount you pay or receive in financial support can be reviewed either upwards or downwards. Many of you are very worried about coronavirus and your jobs or fear that your income from self-employment will reduce drastically (if not disappear altogether) over the next few months. Whilst the government has assured us all that financial help is at hand, for both the employed and the self-employed, there are reports that people are confused about the eligibility rules for government help and are worried about how they can pay spousal maintenance or child support now.   If you are the person who is receiving the maintenance payment it is equally worrying as many feel that they are in an impossible position, having taken out mortgages and financial commitments, on the basis of promised or ordered spousal maintenance or child support.   Spousal maintenance orders and Covid-19 Spousal maintenance is either paid on a voluntary basis between husband and wife or civil partner or under a spousal maintenance court order.   If you are paying or receiving spousal maintenance under a court order then the first thing that you should look at is the wording of the financial court order and the spousal maintenance clause. If you are in any doubt about the wording or meaning of the spousal maintenance clause then it is best to take legal advice.   There are a number of ways in which spousal maintenance court orders can require the payment of spousal maintenance, such as: Joint lives spousal maintenance – spousal maintenance is payable until the death or the re-marriage of the person receiving the spousal maintenance payments Time limited spousal maintenance – spousal maintenance is paid for a set period of time and then stops on a date specified in the court order. In some cases, the person receiving the spousal maintenance can apply to extend the length of time that spousal maintenance is paid for but they have to apply to court to extend the length of time that spousal maintenance is paid for prior to the expiry of the order. In other court orders the spousal maintenance is said to be time limited with no option to extend the length of time that it is paid for.   Can spousal maintenance orders be changed? Spousal maintenance orders can be changed by court order or by agreement. If your financial circumstances have changed because of coronavirus and you are paying or receiving spousal maintenance the government is urging you to try to reach an agreement with your ex-partner over spousal maintenance.   Family law solicitors say that whilst it is important, if possible, to reach an agreement over changes in spousal maintenance payments any agreement should be temporary or a holding agreement until the Covid 19 position is clearer.   Every family situation is different so you may need specialist legal advice on what to do about spousal maintenance payments. Some payments may need to stop and others may need to reduce or increase. Here are two case examples: A dentist is no longer able to work but because he has an employer who is continuing to pay him then the spousal maintenance can continue at the same rate for the time being. The spousal maintenance might need to reduce or stop if the employer is forced to stop the dentist’s salary or the salary is reduced to the cap set by the government coronavirus income scheme A National Health Service consultant is not affected financially by Covid 19 but his ex-wife has lost her job in the travel industry. Depending on her circumstances her spousal maintenance may need to increase on a temporary basis until she can get another job. If her spousal maintenance is a time limited order she may need to ask the court to extend the period of the spousal maintenance court order.   Tips on how to change spousal maintenance payments by agreement In these highly unusual times the focus is on working together. That is the message that the government is giving when it comes to sorting out the changes to child care , spousal maintenance or child support that are required because of coronavirus. Tips on how to change spousal maintenance payments by agreement include:   Communicate with your ex either directly, through a trusted friend or your family solicitor. If you don’t tell your ex what is going on and be upfront about how Covid-19 has affected you financially then they will expect the spousal maintenance payments to continue Provide paperwork – family law solicitors say there is often an element of mistrust between separated spouses and so if you want your ex-spouse to agree to a reduction in spousal maintenance you will need to provide the supporting paperwork to show that you have lost your job or that your hours have been reduced or a bonus scheme scrapped Reflect on any discussions with your ex and don’t be rushed into making long term decisions. After all your ex-spouse may get a new job or the government scheme may mean that their income isn’t as badly affected as first thought. You should not agree to any major changes in the spousal maintenance order or agree to the cessation of payments and cancellation of the spousal maintenance order without first taking legal advice Record your agreement – if you are able to reach a spousal maintenance agreement with your ex-spouse then you need to record the agreement in case one of you changes your mind. If there is no clear recorded agreement then your ex could apply to court to enforce the spousal maintenance order and ask for payment of arrears of spousal maintenance. They may not be successful in that court application if there is a clear agreement drawn up by you (or your solicitors) that spousal maintenance is being changed temporarily and the reasons why and when spousal maintenance will be reviewed again, for example, if the payer gets a new job or a government income subsidy Understand the court options- it is important to know that if your ex-spouse won't agree to a reduction or temporary stopping of spousal maintenance what your legal options are. You could apply to court to vary the spousal maintenance order to reduce or stop the payments. Your ex-spouse could apply to court for payment of arrears of spousal maintenance and to enforce the spousal maintenance order. The court decision would be based on all the circumstances of your case and the ability of the paying person to pay spousal maintenance. If you are upfront with the paperwork relating to the change in income this may make a court application to formally vary the spousal maintenance order unnecessary. [related_posts] Can child maintenance be changed? Covid-19 and the financial fallout and economic downturn will affect child support payments as well as spousal maintenance orders. In most families child support is either paid as a voluntary arrangement between you and your ex-partner or under a child maintenance service assessment. It is rare for there to be a child support court order as the court only has limited jurisdiction to make child support orders.   Again family law solicitors are recommending that parents talk to one another about child maintenance and to see whether the child support needs to be changed because of a change in the payer’s financial circumstances. If the payments are made under a child maintenance service assessment then you may need to ask the agency to carry out a new assessment. Online family law and maintenance solicitors Cheshire and Manchester based Evolve Family Law solicitors are here to answer all your family law questions whether it is a coronavirus related family law question, child contact, help with leaving an abusive relationship or financial issues arising from coronavirus. If you legal help call us or complete our online enquiry form to set up a video conference or telephone appointment.

If you are in an abusive relationship then you may think that during the coronavirus outbreak there is no help available and that you’re ‘’on your own’’. Although all this talk of self-isolation and social distancing may make you feel like that, the message from family law solicitors is that ‘’you are not alone’’. There is help available during the coronavirus outbreak if you are in an abusive relationship. In this blog we look at your legal options if you are caught up in an abusive relationship and need help to get out of it during the coronavirus outbreak. Online domestic violence and family law solicitors Although law offices may be closed because of Covid-19, Cheshire and Manchester based Evolve Family Law solicitors are working online to support those at risk of domestic violence needing help to leave an abusive relationship during the Covid-19 lockdown. If you need legal assistance call us or complete our online enquiry form to set up a video conference or telephone appointment. Coping in abusive relationships during the coronavirus outbreak If your partner is abusive towards you then it is difficult enough to cope when life is ‘’normal’’. For many the fact that partners are now either working from home or not able to work, and so are based at home full time, is particularly hard. There is no escape from home for you to visit friends or family or go off to work.   Tensions can also be increased by your partner’s health or financial anxieties about Covid-19, their lack of ability to go to the pub or to the gym to meet up with their friends and the presence of the children twenty four hours a day at the family home.   The government has said that it wants Covid-19 to bring out ‘’the best in us’’. That is a laudable aim but sadly domestic violence organisations and family law solicitors know that, for some families, domestic abuse may increase because of having to spend so much time with a partner. Alternatively, partners who haven’t previously been abusive may snap and either lash out or become very coercive and controlling.   When you hear that the police are cracking down on people leaving their homes it may make you reluctant to leave or seek help from domestic violence organisations or family law solicitors but, coronavirus or not, if you are in an abusive relationship you should seek help.   Those people who are contacting us about abusive partners are often reluctant to acknowledge the extent of the abuse and prefer to minimise some of the partner’s behaviour, especially if it falls short of physical violence and involves coercive control such as: Dictating what you can eat Saying when you can watch the TV and what programmes you can watch Checking your mobile phone or internet usage Restricting when or if you can go out for your daily exercise or for essentials like food shopping Forcing you to have sex Not allowing you any freedom within your house by insisting on being in the same room as you Listening into your phone calls to friends and family.   As the restrictions on the movement of people continues in force because of the Covid-19 pandemic  the sort of coercive controlling behaviour that you could cope with when one or both of you were out working can become intolerable. However, there is help available.   Help if you are in an abusive relationship The police, domestic violence organisations, the family courts and online family law solicitors are continuing to offer help to those trapped in an abusive relationship.   If you or your children are at risk of immediate harm then you should call the police. The police understand that the risks of domestic violence are increased during the current crisis. They may be able to arrest your partner. If the situation is so serious that you can't wait for the police to arrive you can leave with your children as the authorities will accept that leaving an abusive relationship is an emergency and that is an exception to the requirement to stay indoors.   In addition to the police there are various domestic violence organisations who are open and available to help and offer support: The National Domestic Violence Helpline – 0808 2000 247 The Men’s Advice Line – 0808 801 0327 The Mix, information and support for under 25s in the UK – 0808 808 4994 The National LGBT+ Domestic Abuse Helpline – 0800 999 5428 The Samaritans – 116 123   In addition to police and domestic violence organisation help the family court and domestic violence solicitors are open to help you if you need court protection in the form of an injunction order. [related_posts] Injunctions against domestic violence during the Covid-19 outbreak You may have read that most courts and public offices are closed. Whilst that is correct the family courts are open for remote emergency hearings including applications for: Non-molestation injunction orders Occupation orders Emergency child arrangements orders and other types of children orders to safeguard and protect children.   Therefore, if you are in an abusive relationship, there is help available from the family court. Don’t worry that you may not be able to get to see a family law solicitor. Even prior to the coronavirus outbreak many family law and domestic violence solicitors were used to taking instructions by phone appointment or video conference and used to conducting court hearings remotely.   That isn’t to say that things are a bit of a challenge but if you need help then both the court and family law solicitors are just a phone call away.   If you need protection then a family law injunction order may be your best option. There are two types of family law injunction order: A non-molestation order – to stop your partner from being physically violent or aggressive or verbally abusive or exerting coercive control over you An occupation order – to stop your partner from returning to the family home (if he/she has left but is threatening to return to the family home) or to make your partner leave the family home or to restrict him/her to certain parts of the family home.   The court and family law solicitors also recognise that you might need help if you are living with extended family and are being subjected to domestic violence or coercive control or that you may need help with your children and need the security of a children order, such as A child arrangements order A specific issue order A prohibited steps order.   It is often the case that people suffer in silence when they live with an abusive partner or they think that what they are coping with isn’t ‘’bad enough’’ to get help. Since the Covid 19 rules on restriction of movement have come in many have thought that they are trapped in an abusive relationship for the duration of lockdown. Domestic violence organisations, the police, courts and family law solicitors are saying that domestic violence and abusive behaviour isn’t right in any circumstances and that if you need help then call. Online family law solicitors The specialist family lawyers at Evolve Family Law can help you if you are in an abusive relationship and you need legal help. Call us or complete our online enquiry form for a video conference or telephone appointment.

​When most of us see headlines about compensation we think that the newsworthy case must be a civil claim for compensation arising out of a road traffic accident or medical negligence. However, in the news last week was a case on ‘divorce compensation’. In this blog we look at what is meant by divorce compensation.Cheshire Divorce solicitors If you are in the process of a separation or divorce and want advice on a financial settlement then the family law team at Evolve Family Law can help you. Specialising in complex financial settlement claims and children proceedings, the friendly and approachable divorce solicitors, based at Holmes Chapel Cheshire and Whitefield North Manchester, can help you. Call us on 0345 222 8 222 or contact us online.​Divorce compensation Divorce compensation is in all the newspapers because of a case involving two solicitors.  The couple had been married for about ten years and have two children together. The family wealth amounts to about ten million. The family judge ordered that the husband and wife should each get fifty percent, around five million each.   You may think that £5 million each is a just and fair award as after all the couple had been married for nearly a decade. However, the judge went onto order that the wife should get an extra £400,000 for what was termed by the judge as ‘relationship generated disadvantage’ or divorce compensation.   The judge made the additional £400,000 award because the wife and mother, a Cambridge law graduate, had sacrificed her career as a solicitor to look after the couple’s two children.   The court decision will be of interest to many as it is common for one partner in a relationship to step back from their career to become a house husband or wife or to try to juggle child care and home making with a part time career, thus losing out on job promotions and work bonuses. Often the philosophy is that either a husband or wife has to step back from their career as if they equally share the childcare commitment both careers will suffer.    In some family situations, where one spouse has a lower earnings capacity than the other, the choice may be painfully obvious as to who should take on the role of the main breadwinner. However, in the reported case both husband and wife started out their married life as qualified solicitors and both (rather than one) could have had stellar careers had it not been for the decision to forgo a career to look after the couple’s children.   Can I get divorce compensation? When a case hits the headlines many people, lawyers included, think that divorce  compensation will be the ‘new thing’ and that everyone will be claiming for relationship generated disadvantage. However, the judge in the recent court case, made it clear in his ruling that his decision in the case of the two unnamed lawyers should not open the floodgates to a plethora of relationship generated disadvantage divorce compensation claims. The judge said that relationship generated disadvantage claims should be limited to where there are truly exceptional circumstances.   How do I claim for relationship generated disadvantage? Compensation for relationship-generated disadvantage can be included as part of your financial claim in divorce financial proceedings. You cannot claim for relationship generated disadvantage if you are in a cohabiting relationship.   The relationship generated disadvantage claim is made as part of your financial settlement claims and assessed at the same time as the judge decides on: What the family assets are What your needs and your spouse’s needs are (and if you have children what your children’s needs are) How your family assets should be divided between you Whether you should get the family home or if it should be transferred to your spouse as part of the financial settlement or sold and the proceeds divided between you Whether you or your spouse should receive a share of the other’s pension as part of the financial settlement Whether a clean break order should be made to prevent further financial claims Whether spousal maintenance should be paid and, if so, for how long and how much should be paid.   There are a host of other things that a judge has to consider such as whether one spouse should pay towards the other’s legal costs or not.   Any claim for divorce compensation or relationship generated disadvantage will be added to the list of issues for the judge to rule on and to explain why he/she has allowed an additional award for relationship generated disadvantage or ruled it out in their court judgment.   In the case of the two solicitors it was clearly evident that the wife had given up a lucrative career to care for children and that she had a case to say, that with her qualifications, she could have enjoyed an equally stellar career as her husband had it not been for the fact that the arrival of children seriously damaged her ability to work in a demanding career as a solicitor.   You may take the view that with a financial settlement of around five million the wife did not need the extra £400,000 for ‘relationship generated disadvantage’ as the five million would more than meet her reasonable needs. However, the court has said in previous cases where divorce compensation arguments have been raised, that relationship generated disadvantage is relevant even if their future needs have been met generously through the financial settlement. That is because one spouse has given up their ability to generate an income surplus to needs and so in an exceptional case they can ask a judge to rule that their husband or wife should pay an element of ‘divorce compensation’.Cheshire Divorce solicitors  If you are separating or getting divorced and are worried about your financial settlement then whether or not you gave up your career you need expert legal advice on your best financial settlement options.   The family law team at Evolve Family Law can help you. Specialising in complex financial settlement claims and children law proceedings the friendly and approachable divorce solicitors, based at Holmes Chapel Cheshire and Whitefield North Manchester, can help you reach a financial settlement that works for you and your family. Call us on 0345 222 8 222 or contact us online . ​Latest From Our Divorce Blog:

By guest blogger Anoushka Macin of Balance Psychologies You have decided or it may have been decided for you that you no longer want to stay in a relationship that is tormenting you. Leaving a narcissistic relationship is one of the hardest things to do. In my work with clients and with my online community I provide lots of information to people who find themselves with a narcissist or toxic individual. Here is how to get out safely with your wellbeing intact.   When we fall in love it’s natural to attach and form a romantic bond, but once in love with a narcissist it is not easy to leave let alone detach from them.   Why it’s hard to break up with a narcissist Pathological narcissists or people with narcissistic traits present as charming, interesting and seductive to be around and will treat you with kindness and warmth. They may even love bomb you. This is where the dysfunctional attachment to the narcissist begins. I am not saying that it is wrong that you are being treated with kindness, charm and respect at the beginning. Of course you want to be with them but you become easily dependent on their attention and validation of you.   Once you are hooked onto this they become secure and then they aren’t motivated to be nice to you. Their charm, warmth and respect fades and is replaced or intermixed with varying degrees of criticism, demands, coldness and emotional abuse. You become accommodating and try to win their love and attention back and meanwhile your self-esteem and independence of mind are compromised. You may even become gas lighted and begin to doubt your own decisions and perceptions due to blame and lies. When you question this you become attacked, intimidated and confused by manipulation.   Over time you learn to accept the abuse or even attempt to avoid conflict and become deferential. Because facing the reality is too painful. To leave is the only option as this behavior becomes a cycle of abuse and unfortunately you are too weak and vulnerable to be able to do anything about it. You cannot save them, only yourself. Below are some tips and strategies that may help you to cope and heal after leaving a narcissistic relationship.   Go no contact - limited no contact Block them! I mean of all your communication avenues. That means phone, email and social media. You need some time to yourself to ‘breathe’ and get your thoughts in order. You are not going to be able to do that if you have constant abuse through secondary sources. The narcissist will try to contact you! You have to cut off this communication, you need some time to get your mind in order.   Now, this may not be as straight forward if there are children involved, so what I suggest here is limited contact. I feel that at the beginning of this process do go no contact but only when you are ready begin with limited contact and it needs to stay like that. So, what does limited contact look like? It will mean that you have to clarify what it is that you are communicating with the narcissist, be specific and stick to only the facts that you want to get across. Take the emotion out of the content that you are talking about, this will give you the advantage. Please know that the narcissist will use your triggers and emotions against you to trip you up and get what they want. As these interactions are about gaining power over you and controlling the  conversation, to do that they need to initiate an emotional reaction out of you and will press your buttons. Be wise to this and prepare yourself accordingly.   Join a support group It is really important at this time that you have support of people that understand and care for you. Having to explain your decisions to people who do not get it, is not good for you to be around them at the moment. You need to surround yourself with people who give you positive validation. Finding a therapist might be a good idea too.   Become more autonomous To heal and move forward from an abusive relationship it is helpful to build a life outside of the relationship that includes separate friends, hobbies and other interests. When you leave you will need a fulfilling life to supplement or replace the relationship. You will need to surround yourself with positive things that will help you to heal and remind you that there is a life outside of this person and relationship.   Build your self esteem This is very important, you will need all the strength that you need. It is important to reconnect with yourself and get to know you all over again. In relationships such as these your identity would have been compromised and diminished, therefore reconnecting to your own needs and values is important to build your inner strength. You will need to learn to become more assertive and build boundaries.   Learn how to nurture yourself This follows on from the last point of reconnecting with yourself. Learning your needs and putting them first. This is really important if you have children as you will be teaching them to value themselves and to build a robust connection to self. This is a life skill and will insulate you from the abuse.   Grieve Please allow yourself time to grieve the relationship and false future promises that were made to you in the relationship. This will help you to process your emotions and recover from the relationship. I would also urge you to find an experienced Manchester divorce solicitor who has the understanding and experience of dealing with narcissistic personalities. Mediation is not a good option where there is a history of abuse.   As long as you’re under the spell of the narcissist, they have control over you. In order to become empowered you will need to educate yourself. Come out denial and see the reality of what this really is. Information is power. Read up on narcissism and abuse, I have a lot of information on my website. Regardless of your decision, it is important for your own mental health and to redeem your autonomy and self-esteem. By guest blogger Anoushka Macin of Balance Psychologies [related_posts]