Are future earnings taken account of in a divorce settlement?

If you are contemplating getting divorced then your future financial security is likely to be a key concern, particularly if you gave up or compromised a promising career to look after children and support your spouse in their career.  High costs and scarcity of childcare can also make it necessary for one parent to give up work, and a lengthy break can make it very difficult to return to working at the same salary level and getting a career back on track. You might think that having supported your spouse in their career, their earning capacity is an asset which was built up during the marriage and therefore you should be entitled to a share of it, in the same way as a pension.  ‘But this is not the case, as clarified in the Court of Appeal…

Resolving a family dispute over choice of school

As a parent you will always strive to do what is best for your children, but for separated parents this can sometimes lead to disagreement when what is best in one parent’s eyes does not align with the other parent’s view.  ‘While education is undoubtably an important factor for a child’s development and welfare, and for their future success and happiness, it can also be the subject of a family dispute if parents disagree over where a child should attend school,’ says Robert Bellhouse family law expert at Ware & Kay in York & Wetherby. Parents may have had different experiences of education, with each feeling that their schooling worked for them and will be best for their child.  Disagreements can arise over nursery, primary, and secondary schooling or whether your children should be home-schooled.  It…

Farming family disputes are not just in soap operas

A dispute between members of a farming family is fertile ground for the scriptwriters of popular soap operas, as they draw out the tensions and ramifications to entertain listeners and viewers.  But sadly, our solicitors know from experience that real life disputes among family members who farm together are not uncommon and can have serious repercussions.  In the worst cases, it can even lead to the farm having to be sold or split up. Robert Bellhouse, Family Law and agricultural law specialist at Ware & Kay in York, Wetherby & Malton outlines some common situations that can give rise to a dispute, and he provides guidance on how to avoid them. A farming business is unusual in that it serves as both the family home and a source of income, so there an emotional investment in…

Who pays private school fees after divorce or separation?

According to the Financial Times the average fee for independent schools is now over £15,000 a year for day pupils and £36,000 for boarders. This represents a substantial financial commitment over the education of a child, and often has to be taken into account when negotiating a financial settlement after divorce or separation. Disputes can arise for many reasons, perhaps parents have different priorities or maybe one parent is finding it harder to cope with paying school fees and all the extra costs. ‘Perhaps one of the largest bones of contention between separated parents when it comes to their children’s schooling is how the school fees will be paid,’ says Robert Bellhouse family law expert at Ware & Kay in York & Wetherby.  ‘Often, even prior to separation, parents have made sacrifices in order to pay…

Divorce and the family farm: what lessons can be learnt from The Archers

Those avid Archers followers amongst you will be aware of Alice and Chris’s increasingly acrimonious divorce. For the rest of you, the storyline concerns Alice Carter (daughter of Brian Aldridge) who is a partner in her family’s farming business. Her husband Chris is the local farrier. One summer Chris and Alice went on holiday to Las Vegas announcing on their return that they had been married. Needless to say there was no Pre Nuptial or Post Nuptial Agreement and the farming business is now under a threat. The starting point in English law is an equal division of the matrimonial pot but a Court will take many considerations into account in deciding what a fair settlement would look like. Courts may be reluctant to order the forced sale of assets which threaten the future viability of…

Divorce and the division of overseas assets

It is not uncommon for a divorcing couple to have some property in another country, whether this is a holiday home in the sun or the alps, a property in your country of birth, or an investment in commercial property or assets abroad.  ‘The term property in this context can cover houses, land or financial assets such as bank accounts or shareholdings in a business,’ explains Robert Bellhouse family law expert at Ware & Kay in York & Wetherby. ‘You or your spouse may hold this property jointly, or one or other of you may hold it in your sole name.  Either way during divorce the full detail of assets abroad must be disclosed.’ Valuation of foreign assets From a part share in a vineyard to your own Caribbean island, any assets abroad will be considered in…

When your partner owns the property and you pay the bills – what rights do you have to your home if you separate?

If your partner owned their home when you moved in together, then it is not uncommon to agree to pay all or most of the bills as a way of sharing living costs without the hassle of changing the mortgage paperwork or the legal title. When a relationship has broken down and you are contemplating separating, a key concern will be where you will be able to live, especially if you have children and have built a family home together over many years. ‘Your rights will depend upon your marital status and, if you are not married,  whether you have any formal agreement regarding the property’, explains Robert Bellhouse family law expert at Ware & Kay in York & Wetherby who outlines the various entitlements, and what steps can be taken to protect your interest. The…

DNA testing in a family law dispute

A proposal for DNA testing of family members can arise in a number of circumstances, most commonly where there are questions over paternity (although occasionally maternity is tested too), when establishing contact and residence, or when determining a biological father who is liable to pay maintenance for a child.  The question may also arise if changes are to be made to a child’s birth certificate or surname, or if one parent is seeking to move overseas with a child or have their child settle in the UK with them.   ‘It is important for the child to have certainty over paternity as this has an impact on their welfare’ explains Robert Bellhouse family law expert at Ware & Kay in York & Wetherby. ‘Emotional wellbeing may suffer from not knowing one side of their family, and there…

A smoother path to divorce from April 2022

Once you have decided that your marriage is over and you have taken the first step towards divorce or dissolution of a civil partnership, most people would like to be able to complete the formalities as quickly and smoothly as possible.  However, the historic laws of divorce have meant that the process could often be confrontational and one partner could refuse to cooperate. Such was the situation in the recent case of Owens v Owens where the argument centered on whether Mr Owens had behaved in such a manner that it was unreasonable to expect his wife to continue to live with him.  The court found that his behaviour did not meet the legal standard for unreasonableness, and the only option for Mrs Owens was to wait until they had been separated for five years. Mrs…

Can I divorce my abusive spouse?

Sadly, if you are experiencing abuse in your marriage, you are far from being alone   with research suggesting that as many as one in four women and one in eight men will experience it at some point.  ‘Ending an abusive marriage will mean not only leaving your spouse, but also formally divorcing them,’ says Robert Bellhouse family law expert with Ware & Kay in York & Wetherby. ‘This is a daunting but important step, as studies have shown that abusive partners do not often change their ways and so your circumstances are unlikely to change if you remain in your marriage.’ As well as guiding you through the legal process of divorce, we will be on your side providing practical advice too.  We are connected with a wide range of support services and can introduce you…