North West Family Law Solicitors Can Help You Reach a Financial Settlement With Private Financial Dispute Resolution
When you separate from a husband or wife you need to reach an agreement over what happens to the house and to decide how your assets are split. Until you do so your life can feel in limbo.
Our North West divorce solicitors focus on helping you reach a financial agreement that meets your needs. One way to do that is through a private financial dispute resolution.
Family lawyer, Robin Charrot, explains what a private financial dispute resolution is and why it may be the best solution for you.
For family law advice call our team of specialist divorce lawyers or complete our online enquiry form.
What is a financial dispute resolution hearing?
A financial dispute resolution hearing is a stage in the financial settlement court process.
Financial court proceedings follow a set path timetabled by the court:
Financial application sent to court by the husband or wife
The court issues the financial application and provides a court timetable
Form E financial disclosure by the husband and wife
First directions appointment hearing – a preliminary hearing
Court-ordered valuations, reports and further financial disclosure is obtained
Financial dispute resolution hearing – a settlement hearing
Final hearing (if required)
Step six, the financial dispute resolution (FDR) is a court or judge-led settlement hearing.
The FDR judge hears legal submissions from the representatives of the husband and wife. The FDR judge then says what they think a judge at the final hearing might order if the application had to go to the expense of a final hearing.
The financial dispute resolution hearing is designed to encourage a husband and wife to reach a financial settlement. Their financial agreement is made into a binding financial consent order by the FDR judge.
You cannot be forced into reaching a financial agreement at a court FDR. However, it may be in your best interests to do so to save money and to avoid the risk of your ending up with less after a final hearing. A negotiated compromise ensures that you walk away from court with a financial settlement that you are satisfied with rather than one that a judge imposes on you after hearing evidence at a final hearing.
If divorce lawyers can't negotiate an acceptable financial settlement for you at the FDR, they ask the FDR judge to list the financial application for a final hearing. The final hearing won't be listed before the judge who gave their settlement views at the FDR hearing. Any offers or concessions made at the FDR hearing cannot be brought to the judge’s attention at the final hearing.
Do you need a court financial dispute resolution hearing to reach a financial settlement?
You only need to start financial proceedings if you can't reach a financial agreement amicably. Ways to reach an agreed financial settlement include:
A private financial dispute resolution arranged outside of the court process
Solicitor negotiations
Roundtable meeting
Family mediation
Arbitration
Using the One Lawyer Service at Evolve Family Law
Reaching an agreement using collaborative law
Direct discussions between husband and wife
A family law solicitor can briefly discuss each option and recommend the one they think would be best for you. For example, if your ex won't give financial disclosure the recommendation will be to start financial court proceedings as the court can order financial disclosure and enforce the order.
What is a private financial dispute resolution?
A private financial dispute resolution is like a court-based financial dispute resolution hearing but instead of waiting for a court date, the FDR takes place with a private judge (a jointly appointed barrister) in their chambers or at another agreed venue.
In a private FDR, you and your husband or wife pay privately for the services of the FDR judge. In addition to these fees, you also pay the cost of your divorce solicitor and any barrister instructed on your behalf.
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Preparing for a private financial dispute resolution
You and your family law solicitor need to be well prepared for the private FDR to ensure that it has the best chance of helping you reach a financial settlement. This is achieved through:
Financial disclosure by husband and wife
Asking any extra relevant questions about the financial disclosure and getting answers
Any necessary valuations obtained. For example, a valuation of the family home, business or pensions
Any necessary reports obtained, such as on the tax implications of the sale or transfer of assets
Checking things like your housing needs, mortgage capacity, job prospects or other relevant factors
Looking at what you want to achieve from the private FDR so you go to it understanding the FDR process and knowing what you are prepared to compromise on and what your ‘bottom line’ is
What are the advantages of private financial dispute resolution over a court FDR hearing?
The advantages of a private FDR are:
A private FDR is quicker than a court FDR hearing. Court delays and backlogs mean there could be a substantial wait for a court hearing date. You may want to reach a decision quickly so you can sell the family home or shares in a family business
A private FDR is more civilised. At court, you may be negotiating outside the courtroom in the corridor because of a lack of interview rooms or feel rushed because the FDR judge has several other cases. That doesn’t happen with a private FDR. Improved facilities and time together with separate consultation rooms improve the prospects of your being able to reach a financial agreement
With a private FDR the divorce solicitors select the FDR judge. At a court-based FDR, you will be allocated a judge to hear the FDR. The judge at a court FDR may not have specialised in family law before becoming a part-time or full-time judge. In a private FDR, your divorce lawyers jointly select the person who will conduct the private FDR. This can be particularly helpful if there are complex aspects to your financial settlement or if you need your private FDR judge to have experience in a particular area of family law
What happens if you reach an agreement at a private financial dispute resolution?
If you reach a financial agreement over how to divide your assets at a private FDR your family lawyer will either prepare a document called a ‘heads of agreement’ or a draft financial court order.
The financial consent order will be sent to the family court for approval together with a financial statement of information. The statement of information gives the court sufficient information for the judge to decide whether to make the requested order. The court normally makes the agreed order without raising any questions and without the need for a court hearing.
Why do you need a financial court order after reaching an agreement at a private FDR?
You need a financial court order from the court after reaching an agreement at a private FDR for several reasons:
If your agreement includes pension sharing the pension administrator will require the sealed court order and final order of divorce before they can implement the pension sharing order
Some mortgage companies need a copy of a court order before they will agree to remove one spouse’s name from the mortgage. Alternatively, the mortgage company may require the order as proof that one spouse is receiving spousal maintenance and therefore has sufficient income for their planned borrowing
If the agreement cannot be implemented you need a financial court order to be able to apply to court to enforce what was agreed
If you have questions about financial settlements after a separation or divorce our specialist Northwest divorce solicitors can help guide you to reach a financial settlement and secure a financial court order.
For information on private financial dispute resolution hearings or advice on divorce or family law call our team of specialist divorce lawyers or complete our online enquiry form.
Robin Charrot
Feb 05, 2025
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7 minute read
Financial Settlement Divorce
When you split up from your husband or wife you need a financial settlement and a financial court order. A financial settlement can be negotiated or decided on by a judge if you cannot reach an agreement.
Whether you reach a financial settlement by agreement or after issuing financial court proceedings it's essential to understand your financial settlement legal costs. In this blog, our North West family law solicitors explain financial settlement costs.
For family law advice call our team of specialist divorce lawyers or complete our online enquiry form.
How much should a divorce cost?
Your no-fault divorce is normally an agreed fixed fee. Divorce solicitors can offer you a fixed fee divorce because there is a standard procedure to follow to help you secure your divorce.
In addition to your no-fault divorce legal costs, you may have additional legal fees:
Financial settlement
Legal advice on living arrangements for your children
Injunction costs if there has been domestic abuse in your relationship
How much should a financial court order cost?
It is impossible to offer everyone one fixed legal fee for a financial court order because there are so many variables, such as:
Your ex-partner won't give financial disclosure
Your former spouse is hiding assets
Your ex won't sensibly negotiate
If you can reach a financial settlement our divorce solicitors may be able to offer a fixed fee financial court order. If you can't agree on how assets are split our specialists will give you a cost quote for court representation based on what we know about the complexities of your family finances.
What is a fixed fee financial court order?
A fixed fee financial court order is when your financial settlement lawyer has agreed to obtain a financial court order for you at a fixed cost. That’s normally where you have reached a financial agreement through:
Solicitor negotiations
Family mediation
Direct discussions
Fixed fee financial court orders at Evolve Family Law
At Evolve Family Law we offer three types of fixed fees for financial court orders. The financial court order fixed fees reflect the amount of work involved in securing your financial order:
Tier 1 – an agreed financial settlement without complicated assets
Tier 2 – an agreed financial court order with more complex assets, such as a pension share
Tier 3 – bespoke fixed fee quote as your agreed financial settlement involves a trading family company or there are international assets
Our divorce solicitors can explain the fixed fee for your financial court order so you know how much you will spend in total fixed fees for your no-fault divorce and agreed financial court order.
Why can't I get a fixed fee for representation in financial proceedings to obtain a financial court order?
If you haven’t been able to reach a financial settlement with your husband or wife then one of you may need to apply to court for a financial court order.
Every financial application is different but normally there are three financial court hearings:
First directions appointment
Financial dispute resolution hearing
Final hearing
Some couples have extra financial court hearings, such as:
Injunction application to stop your spouse from transferring or selling assets
Interim spousal maintenance because temporary maintenance can't be agreed
Extra financial disclosure hearing because your ex refuses to disclose all their assets
Third-party involvement such as parents with a financial interest in the family home or the trustees of a discretionary trust
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Why don’t divorce solicitors offer fixed fees for representation in financial court proceedings?
It's hard to offer a fair fixed fee for representation in non-agreed financial court proceedings because there are so many variables, such as:
Time to investigate if assets are complex such as family businesses or discretionary trusts
Time for final hearings as the final hearing could be a day or a week in length
The amount of paperwork as the documents to check can run to hundreds or thousands of pages
The need for experts such as pension actuaries, forensic accountants or barristers
Fixed fees may not be fair to you when there are so many unknowns. For example:
You and your ex may settle at the first court hearing
Things may not be as complicated as they first appeared
At Evolve Family Law we provide a financial settlement cost quote based on the information you give us. That quote is based on our hourly published charges. The fees can be broken down into stages and court dates. The fees can be reviewed as your financial court proceedings progress. For example, if you need to apply to court to enforce a financial court order.
Understanding your divorce and financial settlement legal fees
Our divorce solicitors believe it’s important to understand your legal fees. That way you can help keep them under control. Judges sometimes warn warring husbands and wives that they are at risk of spending too much on legal fees. In the recent case of LI v FT (Maintenance Pending Suit: Costs) [2024] EWFC 342 (B) (19 July 2024) the judge pleaded with a divorcing couple to rein in their legal spending before they ran out of money.
This case is an extreme example as the couple had spent £40,000 in fees in a month and could not continue to afford that level of legal expenditure despite the husband's annual salary of £350,000 plus bonuses.
The judge said every pound the couple spent fighting each other was a pound that would no longer be available for them and their children. That’s something important to remember as while you don’t want to be a push over you also don’t want your divorce solicitors to be the only winner in your battle to get a fair financial settlement.
At Evolve Family Law our divorce solicitors welcome inquiries to discuss how we can help you secure an agreed financial court order or represent you in financial proceedings and to give you information about costs and timescales.
For family law advice call our team of specialist divorce lawyers or complete our online enquiry form.
Robin Charrot
Dec 21, 2024
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6 minute read
Is Form E Compulsory in Divorce?
A Form E does not form part of the no-fault divorce proceedings process so Form E isn’t compulsory in divorce. However, if you or your spouse can't reach an agreed financial settlement and one of you applies to the court for a financial order, you will be ordered to complete a Form E.
In this article, our North West family law solicitors look at when you need to complete a Form E and why.
For expert family law advice call our team of specialist divorce lawyers or complete our online enquiry form.
What is Form E?
Form E is a standard court form that must be completed if you apply for or respond to a financial application made under the Matrimonial Causes Act 1973 – when you and your estranged or ex-spouse have not been able to reach a financial agreement.
In the Form E, you must provide standard personal and financial information. Form E is intended to form the starting point for any further questions about your finances or plans. It will stand as the basis for your evidence if you have to go to a final hearing and give verbal evidence.
As Form E is a crucial document in the financial court process it is important to get legal advice from a specialist family lawyer on how to complete it.
Form E and unmarried relationships
The Form E only needs to be completed if you are or were married or in a civil partnership – you don’t need to complete Form E if you or your ex-partner were in an unmarried relationship.
Form E during or after divorce proceedings
There is a common misunderstanding that Form E forms part of the divorce proceedings court process and that you need to fill it in to get a divorce. You don’t.
You can get divorced without either you or your spouse applying to the court for a financial order. The judge does not have to make a financial order before they grant a conditional order of divorce or final order. However, most family law solicitors recommend that you don’t finalise your divorce proceedings until you take advice from a divorce lawyer on whether it is in your best interests to do so.
For example, if you get divorced you will not be entitled to money from your spouse’s pension if they die before you. Without a financial court order in place, you won't be entitled to a share of your former spouse’s pension fund through a pension sharing order. That’s why you may want to sort out your divorce financial settlement before you apply for the final divorce order.
If you are divorced or are in the process of getting divorced, and you decide to apply for a financial order, the court will process your financial application and make a standard direction and timetabling order. This will include a date for filing and exchanging Form E.
Form E if you have reached a financial agreement
If you have reached a financial agreement with your husband, wife or civil partner you won't need to file a Form E if you are asking the court to convert your agreement into a binding financial consent order. Instead, you will both need to complete Form D81.
Form D81 is the abbreviated name for a statement of financial information. It is a couple of pages long compared to the 30-page Form E but you still need to disclose the value of all your assets.
The judge won't approve an agreed financial consent order unless you are either mid-way through a financial application and have filed the long Form E or you complete Form D81.
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Form E if you are applying to vary an earlier financial court order
If you are asking the court to vary a financial order you will still need to fill in Form E but you may not have to complete all of it. For example, if your application is to vary the amount of spousal maintenance or to extend the spousal maintenance term.
Form E if you signed a prenuptial agreement
If you signed a prenuptial agreement or a postnuptial agreement, you may question why you need to complete a Form E. You won't need to do so if you and your spouse are asking the family court to make an agreed financial court order in accordance with the terms in your prenuptial agreement. You will both need to complete Form D81.
If you or your spouse think that the terms of the prenuptial agreement are unfair and one of you is asking the judge to ignore the contents of your prenuptial agreement you may need to complete a Form E. The person who wants to rely on the prenuptial agreement can ask for a preliminary hearing for the judge to rule on whether Form E completion is necessary and justified.
Compulsory Form E
Form E is compulsory in a financial application. The court will give a date for completion and exchange of Form E as part of the financial disclosure process.
If Form E isn’t completed on time this can throw out the court timetable. If you are ordered to complete Form E it's best to speak to a family law solicitor quickly rather than leave it to shortly before the Form E filing deadline.
If you have left it late, or you are beyond the court deadline, it's still best to get advice. A divorce solicitor may be able to get your spouse and their solicitor to extend the deadline and will be able to advise you on how to complete Form E and represent you in the court application.
Many people resent the compulsory nature of Form E. They think it is intrusive or irrelevant. For example, if they were only married for 12 months or signed a prenuptial agreement. Others think that they can ignore parts of Form E. For example, not include a pension because it was started before the marriage or an inheritance because it was received after the separation. Others don’t realise that they need to complete Form E fully and the relevance of questions about health or their plans to cohabit with a new partner.
A family lawyer can explain why all these Form E questions are relevant and why all assets must be disclosed even if you have a good argument to say that the value of some assets, such as a post-separation inheritance, should be ignored when the judge makes their financial court order using the argument that the asset is not a family or matrimonial asset and should therefore be ring-fenced.
Voluntary completion of Form E
Many separating couples voluntarily agree to exchange Form E during solicitor negotiations, family mediation, or if they agree to participate in family arbitration or a private financial dispute resolution hearing. In many scenarios, it makes sense to voluntarily fill in Form E as unless Form E are exchanged your spouse may think that you are trying to hide assets or they will say that they don’t have the information they need to reach a financial settlement.
Whether you are filling in Form E on a voluntary or compulsory basis our specialist family law solicitors can help you complete Form E and advise you on your financial settlement options or we can convert your agreement into a binding financial court order.
For expert family law advice call our team of specialist divorce lawyers or complete our online enquiry form.
Robin Charrot
Nov 28, 2024
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7 minute read
What is a Mesher Order?
In this article, our family law solicitors answer your questions on what a mesher order is and explain how the order works.
If you are splitting up from your husband or wife and need advice on reaching a divorce financial settlement or need your financial agreement converted into a court order our Northwest family lawyers can help.
For expert advice call our team of specialist divorce lawyers or complete our online enquiry form.
What is a mesher order?
A mesher order is one way a family judge can deal with a family home when a couple split up. Alternative orders include an order that the family home is sold or transferred into the sole name of the husband or wife.
A mesher order is best described as an order for the deferred sale of the family home but family law solicitors call this type of order a ‘mesher’ as the order was first made in a case involving Mr and Mrs Mesher.
When the property is sold the financial court order will set out how the equity in the property is to be shared between the former husband and wife. One ex-spouse may get a larger percentage than the other so they can rehouse themselves or an ex-spouse may get less than 50% of the equity because they kept their pension or the family savings at the time of the divorce proceedings.
How does a mesher order work?
A mesher or deferred sale order works by delaying the sale of the family home until a specified date or trigger point occurs. Until the trigger point, one former spouse can live in the house to the exclusion of the other, even though both are still legal owners.
Normally a mesher order is made by the court when a couple has children and there is not enough equity in the family home for the property to be sold and the equity to be split so both the husband and wife can afford to buy new properties. A mesher may be necessary if one spouse cannot rehouse themselves because they have no or limited mortgage capacity and housing is a priority for them as they are caring for the children.
A mesher order is normally only appropriate where the spouse staying in the family home cannot raise money through a mortgage to rehouse or remortgage to pay off the other spouse’s share of the equity in the family home and the spouse cannot get the mortgage company to agree to transfer the mortgage on the family home from joint names to their sole name.
A mesher order maintains property ownership and financial links between a separated couple. Even if no spousal maintenance is payable, they continue to be financially linked through the joint mortgage. The mesher order can say who is responsible for the mortgage payments but if the payer defaults on the mortgage the credit rating of all those named on the mortgage will be affected.
What are the trigger points for a mesher order?
You can agree on the trigger points with your ex-spouse if you negotiate an agreed financial settlement or the court can decide on the triggers if it makes an order for a deferred sale after a court hearing.
Some of the usual trigger points are:
The youngest child finishing their secondary education
The re-marriage or cohabitation of the spouse living in the property with the children. Cohabitation is normally defined as living with an unmarried partner for a specified period, such as three or six months
The children no longer living with the spouse who has the right to stay in the family home. For example, if the children are older teens and vote with their feet to live elsewhere or if the court makes a child arrangement order
The spouse who occupies the property leaving it. For example, because they decide to move elsewhere
The spouse who occupies the property passes away
If you are negotiating a mesher order through solicitor negotiations or family mediation you can ensure that the trigger dates work for your family circumstances.
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Is a mesher order a good idea?
A mesher has good and bad points. The good points are:
The spouse living in the property has a secure home for the children and is not at risk of having to keep moving the children between different rental properties
Keeps the mortgage in situations where the mortgage is on favourable terms or neither spouse would qualify for another mortgage
Means the ex-husband and ex-wife remain on the property ladder and they may both have enough to re-house once one of the triggering events occurs
Some of the negative things about mesher orders are:
The spouse in occupation may feel unsettled knowing that they will have to sell the property when a trigger point occurs. This may make them reluctant to invest in improving the property knowing that their ex-partner will get a share of the equity
The former spouses are financially linked to one another by having a joint mortgage. If the spouse in occupation does not pay the mortgage this will affect the credit rating of both spouses
The spouse not living at the family home may not be able to get another mortgage while their name remains on the joint mortgage on the family home and they will not be able to use their share of the equity in the family home to use as a deposit to rehouse themselves
Family law solicitors emphasise the importance of taking specialist advice before agreeing to a mesher order so you can fully weigh up the advantages and disadvantages of a deferred sale.
Applying for a mesher order
If you and your former spouse agree that the children should stay in the family home then your family lawyer can draw up an agreed court order for approval by a family court judge. If you can't reach a financial settlement either of you can apply for a financial court order leaving the judge to decide if a mesher order is the most appropriate solution for your circumstances.
For expert advice call our team of specialist divorce lawyers or complete our online enquiry form.
Robin Charrot
Oct 08, 2024
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6 minute read
Clean Break Orders
Divorce
Divorce & Financial Disclosure
Financial Orders
Financial Settlement
Post Nuptial Agreements
Pre Nuptial Agreements
How to Divorce Your Wife and Keep Everything
Our family law solicitors are asked if it is possible to divorce your wife and keep everything. In this blog, we explain your options if you want to keep all the assets after your separation.
For expert advice call our team of specialist divorce lawyers or complete our online enquiry form.
Can a husband divorce his wife and keep everything?
It is technically possible for a husband to divorce his wife and keep everything but most divorce solicitors will tell you that it is an unlikely outcome in financial settlement negotiations or financial court proceedings unless your circumstances are unusual.
If you are a husband your best bet to keep all your assets after a separation or divorce is to sign a prenuptial agreement before your marriage or a postnuptial agreement after your marriage. Even if a wife has signed a prenuptial or postnuptial agreement the document is not legally binding on a spouse under English law. The agreement will carry weight provided both husband and wife took independent legal advice on the contents of the agreement and there was no coercion to sign the document and completion of the paperwork only took place after husband and wife disclosed their assets.
If these safeguards were not put in place the court may disregard the terms of the prenuptial or postnuptial agreement. Even if you ticked all these safeguarding boxes, the court may conclude that if the wife gets nothing, as you are keeping everything, the outcome is unfair because the wife’s needs are not being met. The court may therefore disregard the terms of the agreement.
A prenuptial agreement solicitor will normally recommend that your prenuptial agreement or postnuptial agreement does not allow you to keep everything as it is better to have an agreement that works and therefore one that gives your wife a modest financial settlement that meets her financial needs rather than sign a prenup that says you will get to keep everything if you divorce but the prenup then doesn’t work in practice if you split up from your wife.
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If my wife agrees that I will keep everything, can I get a financial court order?
The court can be asked to make an agreed financial consent order. The agreed order is lodged by your divorce solicitor after your conditional order of divorce has been pronounced. The order must be accompanied by a standard court form (called a statement of financial information) summarising the details of your marriage and your personal and financial circumstances. If this prescribed form is not completed the court will not approve your financial court order.
If, for any reason, the figures provided in the form are wrong (for example you say your company shares in a family business are worth £10,000 rather than a more realistic 1 million) your wife will be able to reopen her financial claim at a later date because of inaccurate financial disclosure that led to the financial court order being made. Your ex-wife could ask the court to make another financial court order giving her a reasonable share of the assets. Therefore, inaccurately valuing assets on the form does not give you the financial security you need. If the shares in your family business continue to increase in value, then by the date of your wife's further financial settlement application, your company shares could be worth 10 million. Providing inaccurate information in the court paperwork could cost you a lot of money if your ex-wife is advised to reopen her financial claims.
If you complete the prescribed form to accompany your application for an agreed financial court order and include accurate asset figures, and the document shows you will be keeping everything and your wife will be getting nothing, the judge may refuse to make the agreed order. The judge may ask questions in an email or letter to your divorce solicitors or may invite you and your wife and your family lawyers to a court hearing so the judge can understand the rationale behind the making of the financial court order.
You may think that the answer to keeping everything lies in making a deal with your wife that she doesn’t get anything but neither of you ask the court to make a financial court order. However, you then run the risk of your ex-wife deciding to apply for a financial court order at a later date and asking for money or property or a share of your pension. This could work against you if your property or other assets have gone up in value from the date you agreed with your wife that she would walk away with nothing whilst you keep everything.
What should you do if you want to keep everything after your divorce?
If you want to leave your wife with nothing the best option is to talk to a family law solicitor about whether you can achieve this and how to do so. Your family lawyer may tell you that it will be an uphill task and that you may be better off focussing on a lowball offer that meets your wife's reasonable needs but is pitched at a level where you can get a clean break financial court order from the family court.
A clean break court order means your wife can't come back later on and ask for more spousal maintenance or a share of your pension or equity in your house. That’s why it’s crucial to secure a court order to give you future financial security so you can plan for your future and not have concerns that your wife years later could come back and ask for money because she had nothing at the time of your separation.
For expert advice call our team of specialist divorce lawyers or complete our online enquiry form.
Robin Charrot
Sep 23, 2024
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5 minute read
Tips on Dealing With an Unreasonable Ex in Your Divorce
Do you need help with your divorce or in sorting out a financial settlement or child residence and contact arrangements for your children? In an ideal world, you would reach an agreement with your ex but that may not be possible if they are being unreasonable.
Our family law solicitors offer some tips on how to handle an unreasonable ex in a divorce.
For expert advice call our team of specialist divorce lawyers or complete our online enquiry form.
Divorce proceedings and unreasonable behaviour
You used to have to say that an ex had behaved unreasonably to help you secure a divorce. That is no longer necessary as the government has introduced no-fault divorce proceedings so all you now need to say is that your marriage has broken down irretrievably without needing to explain why.
Although you no longer need to prove unreasonable behaviour to get a divorce the issue of an ex behaving unreasonably is still highly relevant.
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Is your ex behaving unreasonably?
It is worth asking yourself if your ex is behaving unreasonably as sometimes you can lose perspective. That may be because you have been subject to so much emotional abuse during your relationship that you think that your ex’s behaviour is normal rather than coercive and controlling. Alternatively, you may want to stay in the family home and can't see your ex’s point of view that if you don’t sell the property and split the equity, they won't be able to afford anywhere to live or their argument that it would therefore be reasonable for you to downsize.
A family law solicitor can help you look at whether your ex’s behaviour is acceptable or not. If your ex has a reasonable case to put forward then there should be some prospect of your being able to reach a parenting agreement or financial settlement through solicitor negotiation or family mediation.
Saying what behaviour is unreasonable or not is always difficult as so much depends on context. A spouse leaving the family home and disappearing without explanation and not sorting out child contact seems unreasonable but may be wholly justified if the spouse is fleeing domestic violence and needs to get themselves and the children to a place of safety and secure an injunction order before they can even consider if contact can be managed safely.
Examples of unreasonable behaviour by an ex
Our family law solicitors come across many examples of unreasonable behaviour when assisting with divorce, children law or financial settlement negotiations or proceedings, such as:
Complete refusal to provide financial disclosure so your only option is to start financial proceedings and get orders for financial disclosure because you can't reach a fair financial settlement unless you know the extent of your ex’s assets and income
An ex-partner transferring assets to their parents or siblings to try and keep the assets out of the financial settlement
Refusing to agree to any contact with the children without any good grounds to stop or restrict contact and when the children are keen to see you with your ex knowing that it will take you a while to get a child arrangement order
Refusing to return the acknowledgement form in no-fault divorce proceedings – you can still get divorced but it takes a bit longer
After the court has made an order for the sale of the family home refusing to agree to viewings or being unwilling to listen to advice from the estate agent about the sale price. You can still get the family home sold but you may need to apply back to court for another order to implement the sale and to ask the court to order that your ex pays the extra costs associated with that hearing
Tips on dealing with an unreasonable ex during your divorce
The first advice on dealing with an unreasonable ex is to privately acknowledge to yourself that your ex’s unreasonable behaviour just confirms that separation and divorce are the right options for you. Our other tips are:
Take advice and don’t accept unreasonable behaviour by your ex as ‘just your ex’ and how they behave
Get your family law solicitor to write to your ex and explain the consequences of their behaviour. For example, transferring assets to third parties will result in a freezing injunction order application and you asking the court to order that your ex pays the costs of the injunction application and make adverse inferences in the financial settlement proceedings about his actions and financial nondisclosure
Make sure you get the support you need. That could be from family, friends or a counsellor
Take a long-term view on dealing with your ex as their game plan may be to behave so badly that you are deterred from applying for a child arrangement order as you think it will be pointless or to make you think that you may as well accept the financial settlement they are offering as the ex is being so difficult about financial disclosure
Think about your children- if you cannot battle on for yourself then we recommend that you do so for your children as they will be the ones affected by the parenting arrangements or by an unfair financial settlement that means you can't support them in the way you should have been able to do so
At some point, you will either need to reach an agreement or secure a court order but your ex’s unreasonable behaviour should not dictate the agreement or orders made.
For expert advice call our team of specialist divorce lawyers or complete our online enquiry form.
Louise Halford
Sep 02, 2024
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5 minute read
Reaching an Agreement When You Separate or Divorce
Most people realise that there are often no winners in a family law dispute. That is why it is so important to try to reach an agreement when you separate or divorce.
In this blog, our family law solicitors outline the changes to the Family Procedure Rules (FPR) and explain how the rule change may affect whether you make an application to the court to resolve your family law dispute or choose a non-court based option to help you reach an agreement.
For expert advice call our team of specialist divorce lawyers or complete our online enquiry form.
The Family Procedure Rules
The Family Procedure Rules (FPR) set out the rules relating to making a family law court application. They must be followed by family law solicitors and barristers as well as litigants in person, professional experts, CAFCASS officers and the family law judge.
On 29 April 2024, the FPR was changed. The reason for the change was to encourage non-court dispute resolution to reach a family law agreement over your financial settlement or child custody or contact dispute.
The FPRs already required the applicant and respondent to most family law court applications to try family mediation before they went to court and asked the judge to resolve their family law dispute. There were a limited number of exceptions when you did not need to try family mediation before you made a family law court application. Those exceptions have been narrowed and reduced.
The other major change to the rules is an emphasis on other non-court dispute resolution options, rather than just requiring most couples to try family mediation.
Non-court dispute resolution options
Whilst most people have heard about family mediation there are several other non-court dispute resolution options. They include:
Family arbitration
Collaborative law
Private judge or financial dispute resolution hearing
One lawyer divorce service
A family law solicitor will go through each of these options with you to work out which one would suit you best and help you reach an agreement. Once an agreement is reached your lawyers can help you convert it into a binding court order from a family law judge.
It is worth discussing your options with a family law solicitor as you may have ruled out family mediation or an alternative option. A family law solicitor can arrange family law mediation sessions where you are not in the same room as your ex-partner if there are concerns about this. Alternatively, if you do not want to negotiate in family mediation you may find that solicitor-involved family mediation works for you. If that does not suit you then using a one lawyer divorce service or a private judge may be your best option. Some might rule out using a private judge as being too expensive but it can be a cheaper and quicker option than court.
Our family law solicitors will highlight the advantages and the disadvantages of the various non-court options so you can make an informed decision.
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The Family Procedure Rule changes on non-court options
Couples in family law disputes now need to set out their views on the use of non-court dispute resolution options with a signed statement of truth. The statement is intended to highlight the importance of considering the non-court options.
There may be implications if you decide not to engage in any non-court dispute resolution and you do so without good reason. For example:
A judge could adjourn your family law application for non-court dispute resolution to be tried
A judge could order that you pay some of your ex-spouse’s legal costs associated with the financial settlement court hearing because you refused to engage in any non-court based dispute resolution and the judge thinks money was wasted by taking it to court or a final hearing
There are several reasons why applying to court and not using any non-court dispute resolution first is a sensible approach. For example:
You need an injunction order to protect you from domestic abuse
You fear your ex-partner is going to take your children overseas without your agreement
Your spouse is transferring assets or money to other people and if you wait to bring a financial court application the money may have disappeared and your financial settlement claim will have been defeated by your spouse’s underhand behaviour
Your ex-spouse is refusing to give you any financial disclosure so you cannot reach a fair financial settlement using any non-court resolution option as you do not know the extent of their assets
Our family law solicitors can discuss the reasons why you think a court application should be started rather than look at a dispute resolution option so we can help you work out the best solution for you.
The Evolve Family Law one lawyer divorce service
Our one lawyer divorce service may be suitable for you and your ex-partner and this is one of the options we can explore with you.
With this service, one divorce lawyer advises you and your former partner and prepares all necessary legal documents on behalf of you both in your divorce and financial settlement.
The benefits of one lawyer divorce are that it can save time and money but it is not the right format for every couple. For example, if there is a power imbalance and you would prefer to have your own lawyer then collaborative law or arbitration might be a better fit for one of you.
Next steps
We offer a fixed fee initial consultation in which we can discuss all legal and practical aspects of your separation and assess the best non-court dispute resolution option is the best route for you to take.
For expert advice call our team of specialist divorce lawyers or complete our online enquiry form.
Robin Charrot
Jun 12, 2024
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5 minute read
What is a Wife Entitled to in a UK Divorce Settlement?
When you are contemplating a divorce, you want to know what a wife is entitled to in a divorce settlement. In this blog, our divorce solicitors answer your questions on divorce financial settlements and entitlements.
For expert family law advice call our team or complete our online enquiry form.
A wife’s entitlement to a divorce settlement
After no-fault divorce proceedings are started a husband or wife can start financial proceedings in the family court for a financial court order to provide them with a divorce settlement.
The divorce court has the power to make a range of financial court orders, including:
Spousal maintenance
Payment of a lump sum
Sale of the family home and division of the equity in it
Transfer of the family home from joint names or one spouse’s sole name to the other spouse
Sale or transfer of investments
Sale or transfer of shares in a family business
Pension sharing
In limited circumstances, the court can also make child support orders, such as top-up child support or payment of school fees.
In every application for a financial court order, the court has the power to make all or some of these orders in favour of either a husband or wife. The court decision isn’t based on gender but on a range of statutory factors. These are referred to as the section 25 criteria by divorce solicitors.
What will a wife get as a divorce settlement?
What a wife will get as a divorce settlement depends on the section 25 factors. In the UK there is no statutory formula to say that the wife gets the family home or the husband keeps his pension or business. Instead, divorce solicitors have to look at all the circumstances and the section 25 criteria.
If a couple has dependent children, then the divorce settlement will be shaped by the children’s needs. That’s because section 25 factors say that the court’s first concern should be the welfare of those dependent children and how their needs will be met. If the children will continue to live with the wife, then the children and wife will need a house to live in and enough income either via the wife’s salary or child support or spousal maintenance (or a combination of the three) to pay the outgoings on their family home and other reasonable expenditure.
The section 25 criteria
The section 25 criteria are:
The income, earning capacity, property, and other financial resources that each of the parties to the marriage has, or is likely to have in the foreseeable future. This includes in the case of earning capacity, any increase in that capacity which it would, in the opinion of the court, be reasonable to expect a party to the marriage to take steps to acquire
The financial needs, obligations, and responsibilities that each of the parties to the marriage has or is likely to have in the foreseeable future
The standard of living enjoyed by the family before the breakdown of the marriage
The age of each party to the marriage and the duration of the marriage
Any physical or mental disability of either the husband or wife
The contributions made by the husband or wife or likely to be made in the foreseeable future to the welfare of the family, including any contribution by looking after the home or caring for the family
The conduct of the husband or wife if that conduct is such that it would in the opinion of the court be inequitable to disregard it
The value to each of the parties to the marriage of any benefit (for example, a pension) which, by reason of the end of the marriage, that party will lose the chance of acquiring
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Applying the section 25 criteria to work out the divorce settlement
A divorce solicitor is experienced in advising on how the section 25 criteria may apply to your circumstances and explaining about the range of likely orders. That expert advice can then help you reach an agreed divorce settlement either through solicitor negotiations or in family mediation. The divorce solicitor can then help you convert your agreement into a binding financial court order.
Without knowing about your financial and personal circumstances a divorce solicitor can't advise you on the likely range of orders as the background information is crucial to the outcome of the divorce settlement. The information will involve financial disclosure as, for example, you will need to know the value of the family business or if there is a trust fund or an additional pension. If a spouse is not willing to give financial disclosure voluntarily it may be necessary to apply to the court for a financial court order as the family court can make disclosure orders as part of the financial application process.
The divorce settlement process
Our divorce solicitors understand that it is frustrating when a divorce solicitor will not give you what you think should be a straight answer to your question about what a wife will get as their divorce entitlement. That’s because the answer varies on the information you give us about your family circumstances. For example, a wife who has been married 20 years may be entitled to half of all the assets (sometimes over 50%) but a wife married for 12 months, and who signed a prenuptial agreement before her marriage, may end up with a very modest divorce settlement.
The first step in sorting out a divorce settlement is speaking to a specialist divorce solicitor to understand the information they need and how it applies to your situation.
For expert family law advice call our team for an appointment or complete our online enquiry form.
Robin Charrot
Oct 12, 2023
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5 minute read
Can I Change the Locks if I am Separated?
As family law solicitors we are often asked whether it is OK to change the locks to the family home. Sometimes we are asked this question before a husband, wife, civil partner or unmarried partner has decided to separate. On other occasions, the locks have already been changed and an ex-partner has already been excluded from what was their family home.
For expert advice on family law call our team of specialist divorce lawyers or complete our online enquiry form.
Separation and changing the locks
Locks are a hot topic as emotions, trust, and control issues can all be engaged when the subject of locks and access to the family home is mentioned.
A lot of people assume that if the locks to the family home are changed that means the excluded spouse, civil partner, or cohabitee loses their legal rights or financial claims over the property. That assumption isn’t correct.
A change of locks does not confer ownership of a property on the spouse or partner who now controls access to the property. Your property rights will depend on your legal status – whether you are a spouse or civil partner or whether you were in an unmarried relationship. For spouses and civil partners, property rights stem from family law. For unmarried couples, their family home rights stem from an interpretation of property and trust law.
If you cannot agree with your partner on whether a house should be sold, or transferred to you or your ex-partner, then the court can decide on the appropriate order. In urgent cases involving domestic violence or abuse, the court can make a temporary injunction order to exclude a partner from the property. The court can then decide on long-term property ownership at a later date.
Changing the locks if you own the property
Some people assume that if they own the family home in their sole name, they can change the locks and exclude a spouse. That is not right. A spouse has a right of occupation in a family home, whether the property is owned in joint names or not. Whether or not the locks have been changed any financial claims to the house continue until there is an agreement or a family court order.
Another common assumption is that it is OK to change locks once a spouse has left the family home as once the decision to leave has been made by them then they cannot change their mind and come back. That is not correct either.
In some situations, a homeowner may ask their family law solicitor about changing locks as they want to feel in control of a property. In other cases, there are genuine worries either over privacy or personal security. If it is accepted that one spouse should leave the property then it is usual to agree that, whether they retain the key or not, they will only return at an agreed time and for a reason. For example, to collect remaining items.
If there are concerns about personal safety and domestic violence the court can make an injunction order setting out who can occupy a family home until a long-term decision is made on whether or not the house should be sold or transferred to one spouse or partner.
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Changing the locks when you have children
Where there are children there is often an argument that a spouse or partner should retain a key so that they can come and go to see the children. Whether that works all depends on how a couple has managed their separation. In some scenarios, both adults and children are comfortable with mum or dad returning to put children to bed with a book or to babysit but, in other families, continued key access can give very mixed messages to both adults and children and cause anxiety.
It is important to talk to a family law solicitor about property ownership and locks and to reach an agreement on whether locks are changed or not. You may need to discuss whether you or your ex-partner can get access to the property until the financial settlement is reached.
Locks and reaching an agreement over the family home
The hot topic of locks should not distract from what is often the equally emotional but trickier issue of sorting out what will happen long-term with the family home.
The obtaining of estate agent appraisals and exploration of mortgage options enables a separated couple to make well-informed decisions about what they want to happen to the family home on a long-term basis. Those decisions can be made by the couple with the help of their family law solicitor or during family mediation.
If an agreement cannot be reached then whether you are a spouse, civil partner, or former cohabitee, the family court can be asked to sort out who is entitled to enter the property and live in it on a short and long-term basis. What is important to realise is that changing the locks to a family home does not confer property ownership as that is all down to agreement or the court order.
For expert advice on family law call our team of specialist divorce lawyers or complete our online enquiry form.
Robin Charrot
Jun 13, 2023
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5 minute read
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