Back in 2016 we wrote on these Advice Centre pages about how the number of cohabitees nationally continued to rise – despite the precarious legal position of those who choose to live together without getting married. Three years on and parliament is considering a bill to give cohabitees certain rights and make provision about… Read the full article
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Asset Sharing And Divorce: How Far Do Courts Go?
Judges have a wide discretion to decide how to divide assets on divorce. This can inject a degree of unpredictability into disputed financial settlement cases. Where there are high value assets at stake the repercussions can be significant. This is one reason why we try to help our clients agree financial settlements. But if… Read the full article
Rules On Weddings Venues Look Set For Reform
We all know that the choice of wedding venue can make or break the big day. Until now there have been fairly strict restrictions on where couples can marry and what form a civil wedding ceremony can take. As the Law Commission announces a project to consider relaxing rules on where and how couples… Read the full article
Pensions And Your Divorce: New Guide Highlights The Need For Caution
A pension can often be the biggest asset in a divorce apart from the family home. We’ve previously discussed the complexity of assessing the value of a pension and dividing it during a divorce. Ensuring fairness when it comes to pensions and divorce is a fine balancing act. So the publication this month of… Read the full article
Can I Represent Myself In The Divorce Courts?
The short answer is yes. But what might seem like a financial saving at the time could cost you more in the long run. Divorce, including the financial aspects, is a complex legal process. Individuals who represent themselves will often be at a disadvantage compared with a spouse who is represented by a family… Read the full article
Divorced And Taking Children Away For The Summer Holidays?
When school holidays approach we are sometimes asked whether one parent can take children abroad for a summer holiday without seeking the permission of the other parent. It’s a sensitive question. One that, as with most types of family law disputes, is best resolved through private discussions between the parties – with the assistance… Read the full article
Can English Courts Change A Foreign Financial Order?
We’ve written extensively about forum shopping in these advice pages. In particular we’ve explained why the financially weaker spouse in a divorce will often try – where possible – to have financial proceedings decided by a judge in England and Wales. Different jurisdictions have different rules and priorities when it comes to division of… Read the full article
Can I Challenge The Arbitartor’s Decision On My Divorce?
Arbitration is one way to resolve the financial issues around your divorce without involving a judge. It has many advantages – it’s usually a quicker way to resolve contentious matters than going to court. And it can often be a cheaper route to finalising a financial agreement. But it’s also worth highlighting one of… Read the full article
Why Pensions Matter More Than Ever In High Net Worth Divorce
New data reported in the Financial Times makes interesting reading for anyone involved in divorce financial remedy proceedings. Particularly where matrimonial assets exceed £1 million. Divorces Where Assets Exceed £1 Million Researchers combined analysis from the Office of National Statistics relating to wealth and assets with the projected number of divorces. They estimate… Read the full article
Are Prenups Still Binding?
Since 2010 and the case or Radmacher v Granatino the courts have generally accepted that a prenuptial agreement is binding, provided certain conditions are met. These requirements include for example that each party receives independent legal advice and that there is full disclosure by each side of their financial assets. For individuals wishing to… Read the full article
