A pre-nuptial agreement sets out ownership of the partners belongings (including money, assets and property). Therefore, explains how it will be divided in the event of the breakdown of their marriage.
Prenuptial agreements are perceived by some to be pessimistic and unromantic. Others argue that a prenuptial agreement can avoid time, expense and acrimony if there is a breakdown of a marriage.
It is important to note that prenuptial agreements are still not legally enforceable in England and Wales.
However, following the landmark decision in the case of Radmacher v Granatino , judges put more weight to prenuptial agreements and are more likely to uphold them, unless they are considered to be unfair at the time the parties get a divorce.
In our experience, a prenuptial agreement is more likely to be upheld if it is signed at least 21 days before the wedding day, its contents are reasonable, clearly not out of date (providing for future children, for example, and preferably a review after a period of time) and if it was properly drafted by a family lawyer with both parties receiving independent legal advice and providing full financial disclosure.
If you wish to protect your wealth or wish to ensure your family’s financial future is secured, our experienced family law solicitors and in-house accountancy team have the experience and expertise available to resolve family financial settlements.
We have worked with high-profile celebrities as well as landowners and high net-worth individuals, all enquiries and cases are handled with the strictest of confidence and discretion.
Financial ties are perhaps one of the most stressful to unpick and settle within divorce proceedings. Trying to handle and resolve years of mutual finances and financial decisions within a short time can be frustrating and exhausting.
Financial settlements or divorce proceedings encompass everything from pensions to the family home, taking assets owned prior to the union of marriage into consideration too; so obtaining professional legal advice is useful if you’re looking to protect your assets and those of your dependents once a divorce is finalised.
Our team of family law solicitors are experienced with dealing with complicated financial matters, including pensions, estates, and property. We have worked with high net worth individuals and with clients who have assets overseas, keeping their best interests at the centre of everything we do.
If you’re considering financial settlement or require further information about the options available to you, our financial settlement experts are here to support you, making a complex process simple and as stress-free as possible.
Domestic Violence is defined as any incidents of controlling, coercive or threatening behaviour between people over the age of 16, who are or have been intimate partners or family members, regardless of gender or sexuality.
A non-molestation order is a type of injunction which can protect you and any relevant child from violence or harassment. You can obtain a non-molestation order against someone who has been physically violent or against someone who is harassing, intimidating or pestering you. You can apply for a non-molestation order even if you still want to (or have to) live with your abuser.
When deciding whether to grant a non-molestation order the court will consider all of your circumstances, including the need to secure the health, safety and well-being of you and any children. You need to show the court how your health, safety or well-being or that of your children would be at risk if you are not granted the order.
If you own the home or the tenancy to the home in your sole name, you are not married to your abuser and your abuser has no legal entitlement to your home then the non-molestation order can also stop your abuser from coming to the home. Otherwise, if you want to stop the abuser from coming to your home then you need to apply for an occupation order.
In England and Wales a child must be 16 in order for them to decide who they live with, unless there are Court Orders in place that state otherwise. You can allow younger children to have a say in this decision but their decision alone will not provide any legal standing.
There are many misconceptions surrounding divorce, particularly that adultery will financially impact the outcome. The act of adultery, although upsetting, doesn’t usually make any difference to the overall decision regarding assets. A court is not usually interested in why the marriage ended and tends to look more carefully at resources available to both parties and how they can be divided fairly.
A Child Arrangement Order or CAO is an agreement made under UK family law pertaining to where a child will live or who they can have contact with.
Going to court can be very expensive, so it is imperative you choose the right representative from the beginning to ensure your divorce or child arrangements are managed professionally, efficiently and cost effectively.
You can mutually arrange an agreement for your divorce and mutual assets, however, this alone is not legally binding.
In order to make the divorce ‘official’ you will need the support of a family law solicitor who can initiate proceedings.
If you and your partner are unable to meet a resolution together before this stage, you can go through the process of mediation or again, enlist the help of an experienced family law solicitor who will guide you through the process and help secure a better outcome for your circumstances.
Solicitors are not allowed to represent you if they are a friend or family member, or have been associated with you as a couple during your marriage due to conflict of interest.
Yes, our family law solicitors have a wealth of experience in civil partnership dissolution and can therefore provide you with more options and better solutions for your circumstances. Please note, before you apply, you can only dissolve a civil partnership in England and Wales if you have been in one for a year.