29 Jul 2020Read more
It used to be that prenuptial agreements were something only the very wealthy had. Our only exposure to them was the press reporting upon the existence of these mysterious legal documents, when affluent celebrities divorced. However, since the Supreme Court decision in Radmacher v Granatino in 2010, which gave prenuptial agreements a legal standing in England and Wales, and as a result of the general public’s increased awareness of the potential benefits of these agreements, they are no longer something that only the rich obtain before they marry.
Although the divorce rate in England and Wales is reducing, approximately 40% of marriages still end in divorce. In light of this, increasing numbers of people would like to put something in place which would allow them to avoid messy and expensive divorce proceedings if their marriage does end, and also to provide them with financial certainty should this happen.
Many of those considering having a prenuptial agreement have been divorced before and are bringing two families together. They are often keen to preserve their assets, if, sadly, their marriage does not work, for their children, as well as wanting financial certainty.
If there is a prenuptial agreement in place and a couple divorces, the terms of the agreement are a factor which a judge will consider when deciding what is a fair divorce settlement. Whilst the terms of the prenuptial agreement are not automatically followed by a judge, if they meet both spouses’ needs and the agreement has been entered into properly, a judge is likely to order a financial settlement in the same terms as the prenuptial agreement.
For a prenuptial agreement to be entered into properly the following must happen:
This allows the couple to both obtain advice, have plenty of time to consider this advice and therefore make an informed decision about whether they want to sign the agreement.
"Whilst the terms of the prenuptial agreement are not automatically followed by a judge, if there is a prenuptial agreement in place and a couple divorces, the terms of the agreement are a factor which a judge will consider when deciding what is a fair divorce settlement."
Fiona Wood, partner
16 Jun 2020
Due to Covid-19, many separated parents are trying to manage the shared care of their children, manage home schooling, and ensure that they are protecting themselves and their families from the virus. In recent weeks, we have seen in the press that many separated parents are fighting each other through the courts over whether their children should return to school as the lockdown is eased. Solicitor Jonathan Casey examines the issues.Read more
11 May 2020
As the COVID-19 lockdown continues, some people find themselves forced to socially isolate at home with partners and spouses on a 24/7 basis. In some very difficult instances, this may lead to a situation where they are stuck in a property with an abusive partner. What protections are available?
Under Section 33 and 35 to 38 of the Family Law Act 1996, the court have powers to make a protective order known as an occupation order. Assistant solicitor Aaron Williams explains.Read more
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