Article Category: Family Law – Insight & Opinion

Nuptial Agreements: What Do the Courts Consider?

Nuptial agreements refer to either pre-nuptial agreements (entered into before marriage) or post-nuptial agreements (entered into after marriage). At present, nuptial agreements are not legally binding. This means that if an agreement is entered into and the relationship breaks down, the court has discretion and can move away from the terms of the agreement if… Read more »

Do I need a Family Lawyer If an Agreement has been Reached Privately?

Spouses instructing a family lawyer with divorce

As family lawyers, despite the common misconception, we will always encourage separating parties to utilise private discussions and mediation at an early stage to try to reach a settlement outside of the court process. This avoids a lengthy and expensive dispute and helps to keep things as amicable as possible. If you have managed to… Read more »

What is a Clean Break in a Divorce?

The term ‘clean break’ is one that we use frequently in family law, but what does it actually mean and would it be appropriate in your particular circumstances? A clean break essentially means that separating parties walk away from the marriage with no financial obligation towards the other. This means that you would no longer… Read more »

Distributing Assets on Divorce – Long Marriage vs Short Marriage

distributing assets on divorce -how is this decided in long vs short marriages?

One of the factors taken into account by the Court when distributing assets on divorce is the length of time that the parties were married. Cheryl Haywood, Family Law Associate, discusses the differences between distributing assets in short term and long term marriages. For reference, a marriage is considered to be short if it lasts… Read more »

What are the Parental Rights for Same-sex Female Parents?

We have recently received a number of enquiries relating to the breakdown of same-sex relationships, in particular, queries relating to parental rights. Zoe Worthington answers some of the common queries we have received regarding this topic. Do Same-sex Parents Have Parental Responsibility? The first question we will ask is whether you entered into a civil… Read more »

Dividing Business Assets on Divorce

Signing agreement to divide business assets on divorce

Dealing with business assets on divorce can lead to some complex legal issues. Quite often, a business is the most valuable asset owned by a couple and it is therefore important that this is dealt with correctly to ensure a fair outcome for both parties. There is a two-step approach to dealing with business assets… Read more »

What to Consider when Buying a House with a Partner

With stamp duty abolished until March 2021 for properties up to £500,000, couples buying a house together for the first time are on the rise as they take advantage of the saving. Additionally, lockdown may have given those couples who did not live together before the chance to try living together, cementing their decision to… Read more »

Managing Emotions During the Separation Process

The past few months have been emotionally challenging for many people. However, for couples who are trying to negotiate their way through a marriage breakdown, recent months have been especially difficult. Cheryl Haywood, Associate in the Family Law team, outlines how to prevent strong emotions causing further difficulties during the separation process. The majority of… Read more »

Is Judicial Separation the Same as Divorce?

Occasionally, parties may want to pursue Judicial Separation Proceedings rather than a divorce. This may be due to a variety of factors such as, religion, moral or cultural reasons. What is the Difference between Judicial Separation and Divorce? If a decree of judicial separation is granted, then the marriage does not dissolve but it does… Read more »

‘No Fault Divorce’ Bill: Unlikely to be Implemented Until Autumn 2021

The Divorce, Dissolution and Separation Bill, or ‘no fault divorce’ Bill, has received a lot of publicity recently due to the hope that ‘no fault divorce’ would finally be introduced, since its first proposal several years ago. The Bill passed its second reading this week, but it has been announced that the proposed legislation will… Read more »