Wrigley Claydon Solicitors

Category: Family Law

  • Reaching an early and lasting agreement on Separation or Divorce | Free Legal Clinic Todmorden

    Our Family Courts are massively overstretched leading to significant delays in cases being finalised. Cases involving a parent applying to resolve arrangements for their children on separation are now taking an average of 47 weeks to reach a final outcome and divorcing couples asking the court to decide on a financial settlement can take up to 12 months (or longer if the case is complex).

    A court application is therefore usually to be considered a last resort when all other attempts at reaching an agreement have failed.

    One of the best ways to avoid the need to involve the court is parties taking early tailored advice from a specialist family solicitor.

    Join us at our Free Legal Clinic in Todmorden

    The cost of consulting a solicitor is often a worry and can prevent some people taking early advice, at Wrigley Claydon we understand this and have tailored two options; a free appointment at our weekly legal clinic for general advice (see below) or a fixed fee appointment to obtain advice tailored to your personal circumstances to put you in the best position to move towards an early and lasting agreement.

    If you are thinking about or are ready to separate, we are here to assist and guide you with all aspects of that.

    Speak to our Family Law Specialists

    Rhona and her colleague Zahra Ali have over 35 years of experience in Family Law between them and are committed to helping you try to avoid ending up in the court system (where it is avoidable).

    Please feel free to contact us to book in for either of the options above- see details below.

     

  • Good Divorce Week 2025- A Better Way Through Separation

    Good Divorce Week 2025- A Better Way Through Separation

    This week is Resolution’s Good Divorce Week, a national campaign that highlights that divorce doesn’t have to be a battle.

    Instead, it can be approached in a constructive way that aims protects families (especially children) during a difficult transition.

    With family courts under significant strain, it is important to remember that not all disputes require court intervention. There are alternative paths that are less stressful and more affordable.

    Good Divorce Week reminds us that, we can minimise unnecessary harm and navigate separation with compassion.

    The Resolution Way

    Resolution is a national organisation that promotes a constructive approach to family issues.

    Resolution represents over 6,500 family law professionals in England and Wales.

    What sets its members apart is their strong commitment to the Resolution Code of Practice, which puts families first.

    The Code encourages members to:

    • Avoid inflammatory language and confrontational approaches.
    • Prioritise the best interests of children.
    • Consider long-term emotional and financial consequences.
    • Promote communication and collaboration wherever possible.

    Where possible, Resolution members seek solutions outside of court, empowering families to take control and move forward quickly and amicably.

    Good Divorce Week is a reminder that separation doesn’t have to be adversarial.

    By focusing on communication, collaboration, and compassion, families can navigate divorce with less conflict.

    Here at Wrigley Claydon Solicitors, our Family Law team are proud Resolution members.

    We are committed to helping families find constructive solutions that protect those involved, reduce stress, and support long-term stability.

    If you are facing separation and want guidance on the best way forward, contact us on 0161 624 6811 for confidential advice.

  • Pre- Nuptial Agreements

    Pre-nuptial agreements can play an important role in managing financial arrangements between spouses, especially in the event of separation. It is therefore important to understand the legal position of these agreements in England and Wales.

    Are Pre-Nuptial Agreements Legally Binding?

    Currently, pre-nuptial agreements are not automatically legally binding. This means that parties cannot override the court’s authority to determine financial arrangements in the event of divorce.

    Nevertheless, do give considerable weight to these agreements when deciding financial remedies. An agreement that is freely entered, with both parties fully understanding its implications and where it is fair, is likely to be upheld by the court.

    Advantages of Nuptial Agreements

    Despite not being strictly binding, pre-nuptial agreements offer several potential benefits:

    • Clarity – Agreements can specify which assets are considered personal or “non-matrimonial property,” reducing uncertainty if the marriage ends. Couples can also agree in advance how finances will be divided, potentially avoiding lengthy disputes.
    • Cost savings – Negotiating and drafting an agreement is typically less expensive than contested financial proceedings.
    • Asset and debt protection – Property owned before marriage or family wealth can be “ring-fenced.” Agreements can also safeguard one spouse’s assets from the other’s debts.

    Disadvantages and Risks

    There are also potential drawbacks to consider:

    • Not binding – Courts can set aside agreements if they are deemed unfair.
    • Unromantic timing – Discussing divorce before or after marriage may feel uncomfortable.
    • Risk to the weaker party – A less financially secure spouse may feel pressured into accepting unfavourable terms.

    Conclusion

    The effectiveness of a nuptial agreement depends on fairness, full disclosure, and independent legal advice for both parties. While not legally binding contracts, they serve as strong indicators of the parties’ intentions and can carry significant weight in future financial proceedings.

    If you are considering entering into a pre-nuptial agreement, please feel free to contact our friendly and experienced team on 0161 624 6811 (Option 5) or email za@wrigleyclaydon.com for a no-obligation discussion.

  • What is a Form E?

    What is a Form E?

    One of the most important document within financial proceedings is a ‘Form E,’ so what exactly is it?

    A Form E is a document which outlines each party’s financial position and is required in most financial cases in England and Wales. It includes each parties’ assets, incomes, and liabilities to help facilitate negations with the end goal of reaching an appropriate settlement.

    What is included in a Form E?

    The form covers all the bases.

    • Personal Details: Who you are, where you live and with whom.
    • Income: Money earnt from jobs, pensions, benefits, and any other sources.
    • Assets: Homes, savings, investment- anything you own that is worth something.
    • Liabilities: Debts, loans, mortgages- what you owe.
    • Monthly Budget: What you spent money on each month.
    • Financial Contributions: Gifts, inheritance, or financial help from family.
    • Pension Plans: What you have saved for retirement.

    Why does a Form E matter?

    • Transparency is key: Form Es ensure transparency by revealing each party’s financial information. This promotes openness and fairness.
    • Foundation for negotiations: Armed with the information in a Form E, parties can negotiate on a level paying field. Whether diving up assets or discuss maintenance payments, having the full financial picture is essential.
    • Accountability: Form Es are a key document within court proceedings. Trying to hide assets or distort numbers on a Form E is a very bad idea. There are serious consequences for failing to provide accurate and complete information.

    Once Form E’s have been exchanged and any enquires have been dealt with, with the help of a solicitor you can move quickly to agree a fair a reasonable settlement.

    If you require any assistance with completing a Form E or discussing an appropriate settlement please contact one of our friendly and highly experienced solicitors on 0161 624 6811 (option 5) or email za@wrigleyclaydon.com

  • [Free Download] Why you should consider creating a living together agreement if you’re purchasing a property together

    [Free Download] Why you should consider creating a living together agreement if you’re purchasing a property together

    Click below to download the free information sheet on why you should consider a living agreement if you wish to buy a property together

     

    Information sheet for people buying property together (271239 downloads )
  • Mediation vs. Litigation in Family Law

    Mediation vs. Litigation in Family Law

    Family disputes such as divorce, finances and child arrangements can be emotionally challenging as well as legally complex. If faced with such a situation, you should carefully consider your options for resolving disputes, with two main options available: mediation and litigation. Both approaches have their advantages and disadvantages, and understanding the differences is crucial for making informed decisions that align with your goals.

    Mediation:

    In mediation, an independent third-party known as a ‘mediator’, facilitates communication and negotiation between the parties. This helps them reach a mutually acceptable agreement on issues such as property division, child arrangements, and financial settlement, allowing for a more collaborative approach compared to the court-room arena.

    Unlike litigation, mediation allows parties to maintain in control over the outcome of their dispute and work together to find solutions that meet their individual needs. One of the key benefits of mediation is its focus on preserving relationships and promoting amicable resolution.

    Additionally, mediation tends to be more cost-effective and time-efficient than litigation, as it often leads to quicker resolutions compared to litigation, which can take months to years due to court availability.

    Be aware, however, that mediators cannot provide legal advice only solicitors can do so. In most cases mediation works best if each party receives independent legal advice in the background.

    Litigation:

    In contrast to mediation, litigation involves resolving disputes through the formal legal process, with decisions ultimately made by a judge.

    While litigation may be necessary in cases involving significant conflict, abuse, or complex legal issues, it is generally considered a more contentious approach to resolving disputes.

    Litigation proceedings can be protracted, expensive, and emotionally draining, with outcomes often dictated by a judge rather than the parties’ preferences.

    Despite its drawbacks, litigation may be appropriate or even unavoidable in certain circumstance Additionally, litigation provides a structured and binding framework for resolving disputes, offering a level of legal certainty and enforceability that you may not get with mediation.

     

    Choosing the Right Path Forward

    When deciding between mediation and litigation, the most suitable option will depend on the unique circumstances of the individuals involved. As a first step, getting early legal advice is essential to get the best out of the mediation process.

    Should you require any assistance navigating a family dispute please email za@wrigleyclaydon.com or call us on 0161 624 6881 (option 5).

  • Is it not a 50/50 split?

    One of main issues within a divorce is the division of assets. Many people believe a divorce means a 50/50 split of everything, but the reality is more complex than that.

    The Act that the courts use to assist them in reaching a settlement, sets out the factors that they must consider when making financial orders. Contrary to the popular belief, the Act doesn’t provide an automatic equal division of assets.

    The key factors that the court will consider when deciding an order for a financial settlement are:

    1. Income, Earning Capacity, and Financial Needs:

    • The court will consider the financial resources of both parties, including their income and earning capacity.
    • Financial needs, both present and future, play a crucial role in determining a fair settlement.

    2. Standard of Living:

    • The lifestyle enjoyed by the family before the breakdown of the marriage is considered to ensure that both parties can maintain a reasonable standard of living post-divorce.

    3. Age, Duration of Marriage, and Contributions:

    • The age of the parties and the length of the marriage are taken into account.
    • Contributions made by each party to the welfare of the family, both financial and non-financial, are considered.

    4. Disabilities and Health:

    • The physical and mental health of each party is a factor that is considered, as it can impact their ability to earn a living.

    5. Needs of Children:

    • If children are involved, their needs and the parent with whom they will reside with are crucial considerations.

    6. Other Relevant Factors:

    • Any other relevant circumstances, including the conduct of the parties, are taken into account.

     

    Contrary to the common misconception, the court doesn’t start with the assumption of an equal division of assets. Instead, they carefully consider the factors listed within the relevant Act to arrive at a fair settlement based on the specific details of each case. Each divorce case is unique, and the court aims to tailor its decision to the individual circumstances involved.

    Here at Wrigley Claydon, we understand that navigating a divorce and financial settlement can be confusing and complex, therefore, if you require any assistance, please do not hesitate to call us on 0161 624 6811 or email za@wrigleyclaydon.com.

  • What documents should I gather before seeing my solicitor when seeking a financial settlement?

    Seeking a financial settlement during a divorce can seem like a daunting step. It is important to gather necessary documents in readiness for meeting with your solicitor. This will help ensure that you have a smooth and fully informed process upon your meeting.

    Here’s a checklist to guide you:

    • Proof of ID and address, these are essential documents required for the solicitor to open your file and begin working on your matter.
    • Financial statements of all your bank accounts, investment accounts, and savings.
    • Income information, this includes your most recent P60 and 3 months of wage slips.
    • Property and other asset documentation, this includes valuations of any properties that you own in your sole name or jointly with someone else and the outstanding mortgages on these properties. Additionally, valuations of any other assets you may own is important such as a car, or jewellery.
    • If you or your spouse own a business, gather relevant business documents, including tax returns, and business valuation reports.
    • Compile a list of all outstanding debts, loans, and liabilities. This includes credit card statements, loan agreements, and documentation of any joint debts incurred during the marriage.
    • If you have a prenuptial or postnuptial agreement, bring a copy to the meeting. These documents outline any predetermined financial arrangements and can impact the divorce settlement.
    • Provide information on all insurance policies, including life insurance, health insurance, and any policies with a cash value.
    • If you have a pension/pensions, contact your provider to request a cash equivalent transfer value (CETV). This is required as pensions are an asset that are considered heavily within financial settlements.
    • If children are involved, gather information on their educational, healthcare, and extracurricular expenses. This will be vital in determining whether child maintenance is required.
    • Prepare a detailed breakdown of your monthly expenses and budget. This information helps in assessing the financial needs of each party and can influence the outcome.

     

    By proactively collecting these documents, you will assist your solicitor in being able to provide informed and tailored advice as well as make the process more streamline.

    Should you require any assistance in reaching a financial settlement please do not hesitate to contact one our friendly and experience solicitors on 0161 624 6811 or email za@wrigleyclaydon.com.

  • Creating Child Arrangements for the Festive Season Without a Solicitor

    The festive season is a time of joy and celebration, but for separated/ divorced parents, it can also be a source of stress when it comes to making child arrangements. While involving solicitors is a common route, it’s not the only one. If you find yourself struggling to make arrangements and have limited time to seek legal advice consider the following:-

    Communication is Key
    Regardless of differences, open and honest communication between both parents is crucial. Start by discussing your wishes for the festive period. Be clear about your availability, and listen to the other parent’s concerns and preferences.

    Flexible Scheduling
    Create a flexible schedule that accommodates both parents’ holiday plans. This might involve alternating Christmas and New Year celebrations each year or splitting the day to allow quality time with both parents.

    Consider the Child’s Perspective
    The best interests of the child should always be the main focus when crafting arrangements. Consider your child’s preferences, and any special traditions they may have. If possible, involve your child in the decision-making process to make them feel heard and valued.

    Mediation Services
    If direct communication proves challenging, consider using mediation services. A neutral third party can help facilitate discussions and guide both parents towards a mutually agreeable solution.

    Make Use of Online Tools
    There are numerous apps are designed to assist co-parents in organising and managing child arrangements. They offer facilities such as shared calendars, expense tracking, and communication features, making it easier to coordinate holiday plans.

    Emergency Plans
    Sometimes, despite the best intentions, unforeseen circumstances may arise. Discuss and agree upon contingency plans in case of unexpected events, such as illness, travel disruptions, or other emergencies.

    Creating child arrangements for the festive period without a solicitor is indeed possible with open communication, flexibility, and a commitment to putting the child’s well-being first. While it may require effort and compromise, the reward of a harmonious and stress-free holiday season for both parents and children are worth it.

  • Local Resolution Member, Rhona Royle of Wrigley Claydon, calls for more rights for unmarried couples

    • Change in the law receives overwhelming backing in national poll
    • Cohabiting couples in Oldham are at significant risk if relationship ends
    • Call for change in the law forms centrepiece of Resolution’s Vision for Family Justice as it marks 40th

    Local members of the family justice body Resolution have welcomed new research which shows most people back a change in the law to give cohabiting people more rights.

    Currently, cohabiting couples have few or no rights in the event of a relationship breakdown meaning that unlike married couples there is no mechanism for splitting assets. This is despite a huge growth in the number of couples and families that cohabit rather than marry.

    A nationwide poll carried out by Whitestone Insight on behalf of Resolution found around half of cohabitees are unaware that they lack rights should they split up.

    • 59% of people polled back better legal protections for cohabiting people.
    • 74% of cohabitees agree that ‘the current laws surrounding cohabitation are unfit for today’s modern society’.
    • 75% of Resolution members surveyed said they support a change in the law to provide basic rights to cohabiting couples.

    Asked about their concerns in the event of a relationship ending, 35% said they feared having nowhere to live – if a property is in one partner’s name the other partner has no automatic claim on it in the event of a breakup. One in three said they feared significant financial hardship.

    According to House of Commons Library research 1.5 million couples cohabited in 1996 but that figure increased by 144% over the following 25 years to 3.6 million in 2021. According to the recent Resolution polling 83% of respondents believe that cohabiting will become even more popular in future.

    Rhona Royle a family lawyer in the Oldham area, said, “Today’s research demonstrates the urgent need for greater legal protection. Many cohabitees believe they are protected by ‘common-law marriage’ – but this is a myth and, sadly, they only discover this once it is too late.

    “That’s why I’m joining Resolution’s call for a change in the law to ensure cohabiting couples in the Oldham area and elsewhere are not left in dire financial straits should their relationship come to an end.”

    The call comes as Resolution launches its Vision for Family Justice in Parliament this week, highlighting a number of areas where reform is needed in order to better help families who are facing separation or divorce.

    Grant Cameron, National Chair of Resolution, said, “It’s great to have so much support across the country for our call for change from people like Rhona. For 40 years, Resolution has been campaigning for reforms which help couples who separate to do so more amicably and constructively – which is why cohabitation reform is front and centre of our Vision for Family Justice.

    “The shape of families across England and Wales is changing – and our laws need to keep up.”

     

    The Vision for Family Justice can be found here.

    For more information or to speak with a Resolution representative please contact –

    Rhona Royle;

    rmr@wrigleyclaydon.com.

    0161 624 6811