Family law group, Resolution, is calling for a cross-party consensus on divorce law, and urging politicians to end the blame game and let couples officially part on amicable terms.
In a letter to all the UK’s major political parties in the run-up to next month’s general election, Nigel Shepherd, the chair of Resolution, has urged all politicians to commit to no-fault divorce in their forthcoming manifestos. Resolution has also called for greater clarity over the legal status of pre- and post-nuptial agreements, which are currently not enforceable in courts in England and Wales. Continue reading…
The Court of Appeal’s refusal to overturn the Central Family Court’s decision not to grant a wife a divorce on the grounds of ‘unhappiness’ has prompted widespread calls for the UK’s outdated divorce laws to be reformed. Continue reading…
As it’s Valentine’s Day, I thought I’d take a look at pre-nuptial agreements. I know, I know, last of the romantics !
Whilst it is not the most romantic of topics depending upon your circumstances, it may actually be very sensible to have an agreement in place prior to marriage. Most of us don’t go into marriage expecting it to end in divorce but it is a harsh reality that separation or divorce does happen and it may be sensible for you to set out your financial intentions in the event of a divorce at the outset.
When to make a Pre-Nuptial Agreement?
If either partner in the relationship has substantial assets independent of one another, you may wish to protect these before entering into a marriage or civil partnership. You may be involved in a business partnership which you would like to protect and not see this become part of any divorce settlement. You may have previously suffered financial hardship as a result of a failed marriage and do not wish to repeat this.
Are Pre-Nuptial Agreements Legally Binding?
As it stands, pre-nuptial agreements are not legally binding. However, in the event of a divorce and associated financial proceedings, a Court is likely to take into account the wishes set out within the Agreement so long as certain criteria have been met. In order for a pre-nuptial agreement to be considered the following must be met:
Both parties received independent legal advice at the outset.
The agreement must be entered into more than 21 days before the marriage
Full details of all assets were disclosed at the time the agreement was made.
The agreement is fair.
There has been no significant change in the relationship such as the birth of children of the marriage. The agreement can be reviewed and amended in the event of the birth of children or other significant changes.
There was no duress or pressure upon either party to sign the agreement
If you would like further advice in relation to pre-nuptial agreements or any other family law matter, please do not hesitate to contact me on 0161 682 2400.
We all know how important it is to make a Will, don’t we? After all, it’s the only way to ensure that what you leave behind goes to those you want. Making a Will also ensures that there is also no added stress for loved ones in what are already difficult times post-bereavement. Yet it seems that the majority of us are failing to take our responsibilities seriously. According to a recent YouGov survey, nearly two thirds of the UK’s adult population still do not have a Will. Continue reading…
When can you challenge a Will? When do you, in the court’s opinion, have a valid to bring a case and challenge the express wishes of the bereaved? That was the question put before the courts in the recent case of Randall v Randall. The answer, according to the Court of Appeal’s latest decision, is when you have ‘sufficient interest’ in the Will to bring a case. Continue reading…
If you are considering getting a divorce, then unfortunately we have some bad news for you. As of Monday, 21st March 2016, getting a divorce just became more expensive. Last summer, the Ministry of Justice consulted on a round of court fee rises, including a proposed 34% rise in divorce fees from £410 to £550. Those increased charges were applied on 21st March 2015. Continue reading…
When a loved one dies in an accident, fatal accident compensation can only be claimed in certain prescribed circumstances. Under the Fatal Accidents Act, 1976, only 3 groups of people are entitled to make a fatal accident compensation claim following the death of an individual in a UK accident: dependants of the deceased, close relatives of the deceased and the deceased’s estate. Under the act, husbands, wives or civil partners, parents or ascendants, children or other descendants and brothers, sisters, aunts and uncles can all make a claim for a loss of dependency. Continue reading…