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family law

To Pre-Nup Or Not?

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 Written by Rubina Begum, Trainee Solicitor

You and your partner may not be Brangelina, Amal and George Clooney couple or Elton and David and you probably wouldn’t want to start a conversation with “Honey, in case we break up…” in the midst of planning the dream wedding or civil partnership. However, unfortunately things do not always go according to plan, and with the divorce rate at an all time peak, if you own considerable assets, you would be wise to consider the division of assets by the means of a Pre-Nuptial Agreement or Pre-Civil Partnership Agreement (Pre-Nup) before entering into a marriage or civil partnership.

To make the idea of a Pre-Nup more palatable, it could be thought of as being similar to a Will; in the way that it is simply a legal document that details desired outcomes in the event of divorce or dissolution of a civil partnership.

Professor Elizabeth Cooke, Law Commissioner for property, family and trust law, said: “Pre- and post-nuptial agreements are becoming more commonplace but the courts will not always follow them and lawyers are therefore not able to give clear advice about their effect. Qualifying nuptial agreements would give couples autonomy and control, and make the financial outcome of separation more predictable.”

For couples living together and not wishing to marry or enter into a Civil Partnership, Cohabitation Agreements are the equivalent of a Pre-Nup. However, Cohabitation Agreements are legally binding and thus provide definite protection should there be a breakdown of a relationship.

So to Pre-Nup or Not to Pre-Nup? In a fairytale: No. In the real world: Yes! 

So our advice is whether you are planning to marry or enter into a civil partnership or are planning to live together, a legal document in the form of a pre-nup or a cohabitation agreement will go someway to ensure you are protected in the event of a breakdown in relations.

Should you be considering a pre-nup or a cohabitation agreement, our experienced Family Law team will be able to take you through the process step by step and ensure that the best interests of all parties concerned are met. Contact us today for a free initial consultation.

Family Justice System Reformed With The Introduction Of New Family Courts.

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New combined Family Courts were introduced earlier this year in England and Wales as part of the family justice system reforms. The reforms also include new time frames for cases where children are taken into care and compulsory mediation awareness sessions for separating couples. The reforms have been introduced following a review carried out in 2011 which found that vulnerable children were having their “futures undermined” by excessive delays in care and supervision cases.

[Read more…] about Family Justice System Reformed With The Introduction Of New Family Courts.

New Year, New You?

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A hectic Christmas schedule followed by the ‘January Blues’ can put a lot of strain on relationships.

Day Friday, or the first Friday back after the Christmas break, is typically law firm’s busiest day of the year when it comes to handling divorce cases. Many couples and families face a tough time over Christmas as it’s often when people spend concentrated time together. This can bring any underlying issues to the forefront.

Responsibilities for all the preparation and delivery, together with drinking too much and the pressure to spend money you don’t have, can all place a huge amount of strain on a relationship. Credit cards get ‘maxed’ and there’s the never-ending round of relatives and friends that need entertaining. And with the New Year being a time of reflection and self-evaluation, this can bring rise to fundamental issues that have a deep impact on a relationship. It’s really no wonder some relationships crumble over the festive period.

Deciding to end a relationship is never easy, particularly if you are married and especially if you have children.

Our expert family lawyers have helped hundreds of clients and we’ve come up with ideas that don’t cost the world.

If you think there could be a chance (however small) that your relationship can be saved, see if your spouse will agree to see a counsellor with you. If you’re both willing to put the work in, the relationship can be rebuilt.

If you’ve decided to move on, it’s definitely worth speaking to a specialist family law solicitor as soon as possible. They will explain the divorce process to you in detail, which should help to ease your mind and prepare you.

Don’t go through a divorce alone; family and friends’ support is hugely beneficial to your state of mind and will ease the pain, knowing you have people around you who want the best outcome for you.

If any of the issues we’ve touched on are of concern and you’d like further information, please contact us in complete confidence – we are here to help.

Joanne Graham is an expert family law solicitor with Harold Stock & Co Solicitors.

If you’d like to speak to Joanne about any of the issues touched upon in this article, please do not hesitate to get in touch in complete confidence.

Email: jg@haroldstock.com,
Tel: 0161 682 2400.