• A quick guide to pre-nuptial agreements

    Tags, , ,

    Most people are aware that a pre-nuptial agreement can be entered into before marriage in order to help determine what would happen to finances in the event of any divorce. What people are often not aware of is that a pre-nuptial Agreement is a complex legal document with various technical requirements that need to be complied with. This means that even if you think that your pre-nuptial agreement is going to be very straightforward, it will still need to be properly drafted by a specialist solicitor to ensure that it is valid. Pre-nuptial agreements are not currently binding in English …

    Read more

  • A Will is for everyone, not just the elderly

    Tags, , , ,

    This common misconception means that sometimes people who really should make a Will do not. If you die without a Will, this is called dying intestate. This means that the Intestacy Rules determine who inherits what, which means your loved ones could miss out and a large chunk of your estate could go to HMRC. In order to avoid this situation and to ensure that your estate passes to people of your choice, it is highly recommended that you have a valid Will.          If you live with a partner but are not married or in a civil partnership, and …

    Read more

  • Christmas Day Divorces

    Tags, , ,

    January is a famously busy time for family lawyers, with many couples on the brink of separation finding the stress of Christmas to be the final straw for their relationship. The first week of the New Year has become a much talked about period for new divorce enquiries. This year, with the introduction of an online divorce petition in May 2018, it seems that this busy period for divorces started earlier, with government figures saying that thirteen people actually completed the online application on Christmas Day. According to the Ministry of Justice, there were a total of 455 online applications …

    Read more

  • What does normal look like?

    Tags, , , , , , , ,

    This is a question we are often asked by separating parents deciding how to agree the arrangements for their children. Parents often ask what other families do and what is considered usual or normal when deciding how many nights per week their children should spend with each of them, or how they should divide school holidays.   The advice that we often give is that there is no normal. Each family, and each child, is unique and therefore the arrangements that will be in their best interests will also be unique. What works for one child may not work for …

    Read more

  • Renewed Calls for Divorce Law Reform

    Tags, , ,

    The highly publicised case of Mr and Mrs Owens has focused considerable attention on the ongoing calls for divorce law reform in England and Wales. Under the current law, there are five “facts” (reasons) that can be used to demonstrate that a marriage has irretrievably broken down. These are:   1. Adultery 2. Unreasonable behaviour 3. Desertion 4. Living apart for more than two years, where both parties agree to the divorce 5. Living apart for at least five years, even if one party disagrees.   Desertion is a rarely used technical reason for a divorce. Adultery often does not …

    Read more

  • Early Neutral Evaluations

    Tags, , , , , , , ,

    If you are trying to agree the arrangements for your children or your finances with your spouse/ex-partner directly, it is likely that you will be greatly assisted by obtaining an informed, neutral and expert opinion as to likely outcomes were your particular case to be brought before a court. At Family Law Associates we are pleased to offer Early Neutral Evaluations directly to members of the public who are trying to resolve their issues directly, or within mediation.   An Early Neutral Evaluation is a meeting which both parties would attend, and at which both parties would have an opportunity …

    Read more

  • Children Arbitration Scheme

    Tags, , ,

    In July 2016, a new Family Law Children Arbitration Scheme will be rolled out.  At present it is possible to arbitrate financial family disputes, but not matters relating to children.  The new Children Scheme will allow disputes concerning arrangements for a child and the exercise of parental responsibility to be resolved using arbitration, rather than the court system.   The benefits of arbitration are now well established in the area of financial disputes.  One of the main advantages of arbitration is the speed with which disputes can be resolved.  When children are at the centre of a dispute, resolving matters …

    Read more

  • The danger of not having a financial order on divorce

    Tags, , ,

    One of the main concerns of couples who are getting divorced, is the finances. Typically both parties will want to make sure that an agreement is in place that is fair and workable and that gives each of them a degree of financial security.   Where the assets are straightforward couples can sometimes reach an agreement between themselves, but problems can occur much further down the line if their agreement has not been approved by the Court at the time of the divorce. This problem can also arise where the parties have reached no agreement at all but have just …

    Read more
1 2 3
next >