Separation

Do you need protection from domestic abuse or coercive and controlling behaviour? Are you worried about your estranged husband or wife transferring money to their parents or siblings to try and hide money from your divorce solicitor? If you need help with applying for an injunction order our family law solicitors can assist and guide you through the injunction application process. For expert advice call our team of specialist divorce lawyers or complete our online enquiry form. What is an injunction? An injunction is an order from the family court telling someone to stop doing something. An injunction order can stop: An ex-partner verbally harassing you A spouse from physically or sexually assaulting you A partner from exerting financial control over you A spouse from psychologically abusing you The other parent from emotionally abusing or otherwise abusing your children A partner from stopping you from returning to the family home A husband or wife or civil partner from transferring the house or the savings to their relatives to defeat your divorce financial settlement claim If you are not sure if you need an injunction order the best thing to do is call one of our family law solicitors to see how we can help you. Do I need an injunction order or to call the police? In an emergency, we would always recommend that you call the police. If they arrest and charge your partner and impose bail conditions you may decide that you do not need to apply for an injunction order as the police can arrest your partner again if he or she breaches their bail. If you do not want to contact the police, they will not get involved as they say it is a ‘civil matter’, or they do not give you the sort of support you were looking for, then you may need an injunction order. For example, a police officer may tell you that you need to apply for a child arrangement order if you and your ex-partner are arguing about where your child should live. For example, the police may just warn or caution your partner about their behaviour. If your concerns are money-related, the police will advise you to talk to a family law solicitor about getting a freezing or family law money injunction. [related_posts] Common myths about injunctions There are a lot of misconceptions about injunctions. Here we dispel some common ones: You don’t need to be married or in a civil partnership to apply for an injunction Men or women can apply for injunctions If you are in a same-sex relationship you can apply for an injunction order An injunction order does not change legal ownership of the family home but the order may give the injunction order applicant the right to live in the family home until the end of the injunction order or until the court makes a financial court order An injunction order can be enforced by the police You can apply for an injunction even if you did not report the domestic violence to the police You do not need to have been physically assaulted to apply for an injunction – if you have experienced any type of domestic abuse you can apply to the court for an injunction order You can apply for an injunction order even if the police have arrested or charged your partner You do not need to own your home to apply for an occupation injunction order. You can also apply if you rent your house or if your partner is the sole legal owner You do not need to have started no-fault divorce proceedings before you can apply for an injunction Applying for an injunction Applying for an injunction involves filing a court application with a statement in support and paying a court fee. If your application is urgent the court can agree to hold a first hearing without giving your partner notice of the hearing. If the court makes an injunction order at a without-notice hearing your partner will have the opportunity to object to it and put their case at another injunction hearing. The court can make an injunction order that prevents your ex-partner (and if relevant other family members or their agents) from continuing to abuse you. This type of injunction is called a non-molestation order. A court may make a non-molestation order at a without-notice hearing but list your application for an occupation order injunction at a hearing when your partner is present. An occupation order or ouster injunction order says if you can occupy the family home and if your partner can be excluded from all or part of the property. The injunction order does not transfer ownership of the family home – you will still need to negotiate a financial settlement or ask the court to make a financial court order.  Family law help As well as needing help with an injunction application you may also need assistance with: Sorting out residence and contact arrangements for your child – if you are concerned about your child’s safety or your ex-partner’s ability to prioritise your child’s needs you may need to apply for a child arrangement order or prohibited steps order Reaching a divorce financial settlement or a property settlement if you were in a cohabiting relationship A new Will because of your separation from your spouse or partner For expert family advice call our team of specialist divorce lawyers or complete our online enquiry form.

If you are coming out of an unmarried relationship and you have dependent children it is important to understand your legal rights and potential claims against your ex-partner. Do not assume that you or your former partner has no rights because you did not get married and you did not enter a civil partnership. The law distinguishes between former cohabiting couples with dependent children and those without children or those who have adult children. In this blog, our family law solicitors focus on the rights and claims of ex-cohabitees with dependent children. For expert advice call our team of family lawyers or complete our online enquiry form. Your potential claims as a separated unmarried parent As a separated unmarried parent, you can claim: Child support Top up child support if the Child Maintenance Service has made a maximum assessment School fees if private education is affordable and thought to be in your child’s best interests Extra costs of looking after a child with a disability Lump sum payments if money is needed for specific items for your child Help with housing whilst your child is dependent on you Your rights as a former cohabitee are far more limited than if you were married or in a civil partnership. For example, you cannot claim spousal maintenance for yourself or claim a share of your partner’s pension or business. As an unmarried partner, you cannot claim a share of the equity in the family home unless you are a joint legal owner or, if the property is owned in your former partner’s sole name, you may be able to claim a beneficial interest in it because of the contributions made by you to the property or under property or trust principles. A separated parent with dependent children has more potential claims than an unmarried partner with no children or children who are now adults. However, even if you have children, you cannot make claims for child support unless you are the child’s main carer. If care is shared equally child support is not payable even if one parent earns substantially less than the other parent. Housing claims when you are an unmarried parent An unmarried parent can choose to bring a property claim (arguing that they are entitled to a share in the equity in the family home even though the property is legally owned by their ex-partner). This type of claim is made under the Trust of Land and Appointment of Trustees Act 1996. Alternatively, or in addition, an unmarried parent can bring what is referred to as a Schedule 1 claim for housing for their child. If you succeed in proving that you have a beneficial interest in a property the share of the equity you are awarded by the court is yours to keep if the family home is sold. The court can order the sale of the property to help realise your money if your ex-cohabitee cannot or will not agree to the sale of the property or if they cannot raise the money to pay you your share of the equity by taking out a mortgage on the property. If you bring a Schedule 1 claim you are asking the court to order that housing be provided for your child. The equity in any property provided as accommodation belongs to your ex-partner. You and your child only have a right to live in the property until a specified date. That is normally when your youngest child reaches 18 or moves out of the property. A Schedule 1 claim therefore does not provide you with a long-term housing solution but, depending on the age of your child, could provide you and your child with mortgage or rent-free accommodation for several years. [related_posts] Schedule 1 applications An unmarried parent can claim Schedule 1 of the Children Act 1989 asking the court to make financial provision for their child or children. The court will assess the needs of the child. This is a different approach to a divorce financial settlement where a divorce judge considers a range of factors, including the reasonable needs of the husband and wife. Generally, any financial child support made under Schedule 1 will last only until a child is 18. If the court makes an order for the provision of a home this is called a settlement of property or transfer of property. The property could be the former family home or a different property, to be purchased by your ex-partner, but ordered to be used to accommodate your child and you until your child reaches a specified age. The court could also make a lump sum order under Schedule 1 to furnish the property to meet the needs of your child. Navigating unmarried partner claims It can be hard to work out if your best route is to make a property claim or a claim under Schedule 1 or both. Our experienced family law solicitors can help you work out the route that is best in your circumstances. For expert advice call our team of family lawyers or complete our online enquiry form.

Parental alienation is one of those topics that parents feel embarrassed to talk about. If you are being prevented from seeing your child after a separation or divorce you may be worried that family, friends and colleagues will judge you assuming you must be the one at fault if you cannot get to see your child. At Evolve Family Law our solicitors are experts in child arrangement order applications involving allegations of alienating behaviour. If you are being stopped from seeing your child our family law solicitors can help you sort out post-separation parenting arrangements for your child or enforce a child arrangement order if your ex-partner still will not let you see your child. For expert family law advice call our team or complete our online enquiry form. Are you to blame for parental alienation? Lots of people assume that if parental alienation has taken place the parent who is not having contact with their child must have done something ‘’bad’’. However, the definition of parental alienation is one parent turning the mind of a child against the other parent and the child’s negative view of the parent is not justified by any parental behaviour. Instead, the child is being alienated from one parent by the other parent’s deliberate or unintentional psychological manipulation of the child. How to deal with parental alienation Sometimes it is obvious to everyone involved with a child, from family to schoolteachers and health professionals, that parental alienation is taking place. In other families, the process is more subtle but just as insidious. For parents who fear parental alienation is taking place there are some tips on how to deal with parental alienation and maintain a relationship with your child. We recommend that you:  Take legal advice quickly If you think, your ex-partner or former husband or wife is talking inappropriately about you in front of your child it is important to act quickly.  If you wait then the situation may get to the stage that the child is so alienated that they say that they do not want to have contact with you. If you are not able to speak to your former partner directly then you could try speaking to a family member or you could suggest a referral to family mediation or family counselling. If those options do not solve the difficulties, do not delay in taking legal advice and looking at the option of applying for a child arrangements order. If you delay in acting then if the parental alienation behaviour continues it will become harder to resolve the situation and repair the psychological damage experienced by your child. Do not blame the child It is normal to think ‘’my daughter is behaving just like her mother’’ or to say ‘’the apple does not fall far from the tree’’. When a child is playing up or refusing to speak to or see you, it is easy to transfer your frustration with the situation onto the child. After all, why can’t your child stand up for themselves and demand more contact with you or why can’t they at least look cheerful when they do see you? As frustrating as it is, blaming a child or showing your exasperation with the situation is likely to make the situation worse. Do not blame the parent When you get frustrated about parental alienation, it is easy to think that the solution is to tell your side of the story. In the process, you are likely to denigrate the other parent. Taking that approach is likely to make your child more insecure and anxious, and less inclined to have contact. Do not walk away The statistics of how many parents lose contact with their children after a separation or divorce are appalling. Many of those cases do not involve parental alienation but it is sometimes easy to think that your child would be ‘’better off’’ without you. Most children law professionals believe that a child needs and deserves a loving relationship with both parents, even if that has to be achieved through the making of a child arrangements order. Find time for other things in your life If you experience parental alienation, it is easy to obsess over your ex-partner and their behaviour. By doing that you can play into their hands. It is important that you find time to enjoy other aspects of your life during any children court proceedings. [related_posts] What will the court do if it thinks that alienating behaviour is taking place? If you make an application for a child arrangement order the court will carefully consider whether contact is in your child’s best interests. If a child is saying that they do not want contact because of parental alienation, the court can take some proactive steps to try to help you rebuild a relationship with your child. In extreme situations, where a judge finds that the alienating behaviour has caused emotional harm and that the primary carer does not understand the damage created by their actions, the judge can make an order to change the primary carer of the child. How can Evolve Family Law help you? Evolve Family Law is a specialist family law firm with offices in Cheshire and Whitefield, Manchester. Whatever your children or family law concern, Louise Halford and the children law team at Evolve Family Law solicitors will work with you to help you reach a solution. For expert family law advice call our team or complete our online enquiry form.

Planning Together for Children is the name of a course run by the organisation CAFCASS (Children and Family Court Advisory and Support) for separated or divorced parents.    In this blog, our children law solicitors look at the Planning Together for Children course and explain your options if you are a separated parent struggling to reach an agreement with your ex-partner on post-separation parenting arrangements for your children.  For expert family law advice call our team or complete our online enquiry form.   Planning Together for Children has replaced the Separated Parents Information Programme (SPIP) If your friends have told you that after they separated from their spouse, they went on a SPIP (or Separated Parents Information Programme) then you need to be aware that the Planning Together for Children has replaced the SPIP.  Can you use the Planning Together for Children resource? Access to the Planning Together for Children resource is limited to those parents and carers who are ordered by a family court judge to attend the course or who are referred to the course by a Family Court Advisor in children law court proceedings.  You therefore cannot access the online E-learning resources or attend the Parenting Together for Children workshop if you are a separated parent who is looking for information to help you reach an agreement about the parenting arrangements for your children. Nor can you use the resource if you are struggling with sharing parenting responsibilities with your ex-partner but neither of you has applied to the court for a child arrangement order, prohibited steps order, specific issue order or relocation order.  Options if you cannot use the Planning Together for Children resource If you want help in parenting together after separation there are a lot of useful books and online resources. If you need help with family dynamics speaking to a family therapist or counsellor may help as they may be able to assist you both in understanding the priorities of the other parent and help you focus on the best interests of your child when reaching a compromise about shared care, contact arrangements or parenting styles.  If you are struggling to reach an agreement about parenting after a separation or divorce you may not need to apply to court for a child arrangement order as you may be able to reach an agreement through:  Solicitor round table meeting  Solicitor negotiations  Family mediation   Once you have reached an agreement it is a good idea to record what you have agreed in a parenting plan. These types of plans need to be reviewed as your child grows up or circumstances change. For example, if your child wants to go to football sessions on a Saturday or ballet on a Wednesday after school or if one parent has to move house out of the area because of a job move.  You might also be interested in:   [related_posts] A Planning Together for Children referral If you are ordered by a judge to attend the Planning Together for Children course or a Family Court Advisor makes a request to the court for a referral there is no charge for accessing the online resources or going to the workshop.  Whilst you may not be a fan of e-learning or workshops it is important to try and get as much as possible from the course to give you the best shot possible of reaching an agreement with your ex-partner or being able to tell the family judge that you did so.  If you do not go to a Planning Together for Children course when ordered to do so by a judge the court may reorder your attendance on the course. This may delay your court application. Any delay or refusal to attend may make it less likely that the court will make the type of child arrangement order you are seeking.  What does the Planning Together for Children course cover? The e-learning section of the course will look at matters such as:   What happens if you go ahead with the child arrangement order or specific issue order court application?   How a separation and how you handle the separation can affect your child   Conflict and its impact on your child     Looking at the family situation from your child’s perspective   Supportive co-parenting – what it is and how it works   Communication skills to help you listen to your child and co-parent    Once the e-learning section is completed you move on to a workshop. This will normally take place online. Although the workshop is normally held online there are never more than 6 parents in a workshop group. Your ex-partner will not be in the same workshop as you.  The workshop focuses on the negative impact of parental conflict on children, how best to manage conflict and how to improve communication with your child and ex-partner so you can effectively co-parent.  The course will encourage you to discuss and agree on a parenting plan for your child to set out the residence, contact and other important care details for your child to avoid the need for you or your ex-partner to go ahead with your child arrangement order application.  How can Evolve Family Law help you? At Evolve Family Law all our family law solicitors are committed to resolving parenting disputes outside of court wherever possible. For example, through providing legal support during family mediation or helping you negotiate a parenting plan. Reaching an agreement is not always possible. For example, if you fear child abduction as your ex-partner has threatened to take your child overseas or if your ex-spouse is displaying alienating behaviour and refusing to let you see your child, or if you are concerned about contact arrangement because of a history of domestic violence.  Our family law solicitors will listen carefully to your needs and priorities and help you secure the agreement or court order you need for your children.   For expert family law advice call our team or complete our online enquiry form.    

At Evolve Family Law our family law specialists are members of Resolution, an organization of family justice professionals in the UK.   This week is Resolution’s Awareness Week.  For expert advice on family law call our team of specialist lawyers or complete our online enquiry form.   Resolution Awareness Week  In recent years, the Resolution dialogue surrounding divorce has shifted from a conventional narrative of separation to a more nuanced exploration of relationships and their legal underpinnings.   Once known as Good Divorce Week, an initiative spearheaded by Resolution, the annual event traditionally aimed to promote amicable separations. However, this year the Resolution Awareness Week marks a significant pivot, redirecting attention toward cohabitation and its intersection with UK family law.  A focus on all relationships   Resolution has long been at the forefront of advocating for constructive approaches to divorce. However, recognizing the evolving landscape of relationships in the UK, the focus has expanded beyond divorce to encompass the dynamics of cohabitation.  The renaming of the awareness raising event from Good Divorce Week to a more encompassing theme signifies a broader perspective that goes beyond divorce itself. This shift acknowledges that relationships come in various forms and that understanding the legal implications of cohabitation or the nuances of LGBTQI+ relationships is just as crucial as navigating the complexities of divorce.  Cohabiting relationships   Cohabitation, while increasingly prevalent, lacks the legal structure and statutory protections that marriage or civil partnership offers. This change in focus by Resolution during what was once Good Divorce Week represents a pivotal moment in acknowledging the need for clarity and legal recognition for individuals in cohabiting and non-traditional relationships.  The Resolution awareness campaign aims to dispel misconceptions surrounding cohabitation and educate individuals about their legal rights and responsibilities.   Central to this initiative is the spotlight on the absence of automatic legal protection for cohabiting couples in the event of separation. Resolution wants to highlight the importance of seeking legal advice and making sure cohabiting couples enter into cohabitation agreements.  [related_posts] The call for cohabitation reform  Resolution's initiative aligns with ongoing discussions within legal circles advocating for reforms that bridge the gap between marriage and cohabitation in terms of legal rights. The goal is to ensure that individuals in cohabiting relationships have access to legal protections and equitable resolutions, akin to those in marital unions. That is becoming increasingly important with the rise in cohabitation. In 2021 there were reportedly 3.6 million cohabiting couples.   By extending its focus beyond divorce, Resolution's initiative reflects a holistic approach to relationships and family law. It serves as a platform to address the evolving nature of partnerships and strives to create a more informed, fair, and supportive legal landscape for all individuals, irrespective of their relationship status.  Evolving family law  In essence, the evolution of Good Divorce Week into a broader exploration of cohabitation within UK family law signifies a progressive step toward acknowledging the diverse forms of relationships. Through education, advocacy, and potential legal reforms, this initiative aims to ensure that individuals in cohabiting relationships are empowered and protected within the legal framework, fostering a culture of understanding and fairness in modern relationships.  How Evolve Family Law can help you   At Evolve Family Law our specialist family lawyers can assist you with all your family law needs if you are in a cohabiting relationship, including:  Cohabitation agreements  Declarations of trust  Children law and parental responsibility advice  Cohabiting relationships and claims on separation    Financial and property claims   Children financial claims for child support, school fees or assistance with housing dependent children    Wills for cohabiting couples  Lasting Powers of Attorney   Estate claims and inheritance disputes advice if you are a cohabitee who was not included in your partner’s Will or need to make a claim because you are not classed as a relative of your loved one under intestacy rules    It is best to talk to one of our solicitors about your cohabitation rights before you find yourself really needing an expert lawyer. For example, understanding property ownership and your rights under a cohabitation agreement could avoid expensive court proceedings if you split up from your cohabitee. For example, understanding that if your partner does not make a Will, you will not inherit anything under intestacy rules may encourage both you and your cohabitee to sign Wills and do some estate planning to protect your family.   We can help you resolve property-related or children focussed cohabitation disputes through:  Solicitor negotiations  Roundtable meetings  Collaborative law  Arbitration  The Evolve Family Law One Lawyer service  For expert advice on family law complete our online enquiry form.  

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. [related_posts] 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.

Tax is not normally something that is on your mind when you are thinking about a separation or divorce but divorce solicitors say that capital gains tax has to be considered when negotiating a divorce financial settlement. The government has announced changes to the way capital gains tax is calculated on separation or divorce. In this article, divorce financial settlement solicitor, Robin Charrot, looks at the planned changes and explains the importance of checking out tax on divorce before you agree to your divorce financial settlement. For expert Divorce and Financial Settlement advice call our team of specialist divorce lawyers or complete our online enquiry form. Tax on divorce   Many people who decide to separate do not realise that the timing of their separation, or their decision to transfer assets to the other spouse or to sell assets, can create tax implications. That is why it is important that a divorce financial settlement solicitor checks any proposed financial agreement to both reality test the financial settlement and to check the net effect of the financial deal. Without legal input, what you think is an equal split may not be a 50:50 division of assets if one spouse is going to end up paying a large tax bill in the future, whilst the other spouse escapes from tax liability. The financial agreement may still be a fair financial settlement but both husband and wife must understand the net effect so they are both comfortable with the deal or can negotiate a financial settlement that does achieve equality if that is their objective.   The current tax rules on separation and divorce   Under the current tax rules, a husband and wife can transfer assets between one another without the transfer is taxable. That’s because the transfer of an asset takes place on a no gain and a no loss basis so the spouse acquiring the asset gets the item at the base cost of the spouse who is transferring the asset to them. In other words, a spouse transfer does not crystalise a gain or loss. The issue with the current tax rules for separating couples is that these capital gains tax rules only give these concessions in the tax year of separation.   That may not sound like a big problem but it is. Take the example of a couple with an investment portfolio or a buy-to-rent property. They may conclude that if the wife is to stay in the family home, then the fair financial settlement is for the wife to transfer her share of the investments or buy to let property to the husband. If the couple decides to split in late March they only have until the end of the tax year in early April to sort out the transfers. If they don’t then one of them could face an unexpected and large capital gains tax bill that they would be solely responsible for.   Even if a couple decides to separate in May (so they have almost a full tax year) they can get caught out if they do not take early legal or accountancy advice. For example, the couple could start no-fault divorce proceedings in June but not start thinking about their divorce financial settlement until many months later giving them insufficient time to give notice to transfer investments or to sort out a new mortgage on the buy-to-rent property before the end of the tax year of separation. The government has acknowledged that tight timeframes on various tax aspects arising from separation or divorce can create difficulties and complexities so the proposed new tax regime is more generous and less restrictive. [related_posts] The changes to tax on divorce or separation   With effect from the 6 April 2023, there will be a new tax regime for separating or divorcing couples. If you transfer assets between spouses on or after the 6 April 2023 the no loss and no gain principle will apply to transfers that take place up to 3 years after the end of the tax year of separation. Furthermore, if the transfer takes place as part of a financial court order there is no time limit for the no loss and no gain principle.   The changes to tax on divorce or separation and the family home   If you sell or transfer a family home as a married couple there is no capital gains tax payable because of principal private residence relief. However, principal private residence can be lost resulting in unexpected tax bills.   The complexities of capital gains tax mean you both need to think carefully through the ramifications of agreeing to a mesher order on the family home. For example, a husband and wife may agree that the family home should stay in joint names until their youngest child is 18 as the spouse staying in the family home can't afford to take out a mortgage in their sole name so cannot get the house transferred to them. In reaching this type of mesher agreement the spouse who leaves the family home can, in some circumstances, lose their principal private residence relief.   The government is planning to make it simpler for couples to agree to mesher orders because the non-occupying husband or wife's share of the property will not be subject to CGT when the family home is eventually sold under the terms of the mesher order. The proposed changes may make mesher-type orders more attractive to some families, especially where there isn’t enough equity to rehouse two families or there is a particular need to delay selling the family home until the children have completed their exams. Capital gains tax and divorce in the future   Even after the new rules come into force capital gains tax will still be payable in some scenarios when a couple separates or divorces. If you are concerned about reaching a divorce financial settlement and the tax implications it is best to get early specialist advice on your family law options.   For expert Divorce and Financial Settlement advice call our team of specialist divorce lawyers or complete our online enquiry form

You may have read in the news that if you are getting divorced you may be eligible to receive a £500 mediation voucher to help pay for family mediation. In this article, our divorce expert, Robin Charrot, answers your questions on the new mediation voucher scheme and looks at the importance of legal mediation support. The family mediation voucher scheme The Ministry of Justice has announced that it has allocated one million pounds to enable up to 2,000 separating or divorcing couples to receive a £500 mediation voucher to help towards the costs of family mediation. Divorce solicitors say that competition for the £500 vouchers may be fierce as the Ministry of Justice says that the vouchers will be allocated on a ‘ first-come first-serve’ basis, rather than on a points or any other type of allocation system. What does the family mediation voucher scheme cover? The mediation voucher scheme covers family mediation on a range of family law issues, such as: Child custody. Child contact. Child maintenance. Financial settlement after a separation or divorce where there is also a dispute over children and either ongoing or potential children law proceedings. Why has the family mediation scheme been introduced? The family mediation voucher scheme has been introduced at this stage to help reduce court applications and to encourage the use of family mediation. That’s because the government believes that family mediation is a better, quicker and cheaper option than separating and divorcing couples starting family court proceedings to resolve child custody and contact issues or to secure a financial settlement. When will the family mediation voucher scheme operate from? The scheme was introduced on the 26 March 2021 under Practice Direction 36V (Family Mediation Voucher Scheme). The practice direction will expire after a year and the mediation vouchers will only be available whilst funding lasts. Does the voucher scheme cover the cost of attending a MIAM? The family mediation voucher scheme doesn’t cover the cost of attending the mediation information and assessment meeting (referred to as a MIAM). This initial meeting with a mediator is designed to check that mediation is suitable before family mediation is commenced. To be eligible for the voucher, both parties to the family mediation must have attended a MIAM on or after the 26 March 2021. One can't have attended the MIAM before the 26 March 2021 and the other after the 26th. Can both parties to the family mediation receive a voucher? The £500 mediation voucher is per family and may not cover the total cost of the mediation sessions as your mediation costs will depend on your choice of family mediator and the number of mediation  sessions that you require. The voucher is paid direct to the mediator, rather than given to either party to the mediation to use to pay the mediator’s bill. The £500 mediation voucher is inclusive of vat. Is there a financial eligibility cap for the mediation voucher? There are no financial eligibility criteria for the family mediation voucher. Anyone who meets the MIAM date and mediation subject criteria may be able to secure a £500 mediation voucher to cover or contribute towards their mediation costs. Who pays for family mediation if a mediation voucher isn’t available? If you can't secure a family mediation voucher because: One of you attended a MIAM before the 26 March 2021 or You are mediating on a financial settlement only and there are no childcare issues to mediate or The mediation voucher scheme runs out of funds or For any other reason. Then the usually the mediator will check if either one of you is eligible for legal aid to cover the cost of mediation. If neither of you are eligible for mediation legal aid then you will need to agree on how the mediation sessions will be funded. You can either agree to share the mediation costs equally or come to another agreement, such as that one of you will pay for the mediation sessions or that the mediation sessions will be paid for out of your joint savings account. Even if you do secure a £500 mediation voucher, if you go to a number of mediation sessions the voucher may not the total mediation cost. That’s why it is best to agree on how you will share any mediation cost in excess of the £500 voucher. [related_posts] Does the mediation voucher cover the cost of mediation support? The mediation voucher doesn’t cover the cost of mediation support from a divorce solicitor. However, mediation support can be very cost effective. Taking legal advice before and/or after mediation sessions can help you understand: Your legal options, such as the type of court application that you could commence or your former partner could start. The likely range of orders that a court could make if you or your former partner started court proceedings. The potential costs of applying for a court order or responding to a court application and the timescale for completion of the court proceedings. The impact of any issues raised in mediation. For example, financial disclosure issues raised during the mediation process where you are trying to reach a financial settlement. Whether proposals put forward in mediation are within the range of orders that a family court would be likely to make if either you or your ex-partner were to start family law court proceedings. Legal advice on any aspects that are making it hard to reach a compromise in mediation. For example, if one of you believes that you have a legal right to equal parenting or one of you believes that an inheritance or a pension isn’t relevant to any financial settlement discussions. The legal process to sort out your divorce or to draft a separation agreement or to secure a financial court order or draw up a parenting plan and the legal status of a financial court order or parenting plan. By receiving mediation support and getting the legal advice you need during the mediation process you may be more likely to have the confidence to reach a mediated agreement. Evolve Family Law can help you with independent specialist family law advice before and after mediation to support and guide you, including advice on any of the post-mediation documentation that may be necessary. We are Divorce and Family Law Solicitors For legal help with your divorce and mediation support for your financial settlement or childcare arrangements call us or complete our online enquiry form. Evolve Family Law offices are in Holmes Chapel, Cheshire and Whitefield, North Manchester but we also offer remote meetings by telephone appointment or video call.