Pre and post nuptial agreements
A couple can enter into an agreement prior to tying the knot or afterwards and would determine if it is the so-called ‘prenup’ or ‘post nup’. Both agreements however specify the financial settlement the couple is to reach should their relationship break down. Although such agreements are quite common in other jurisdictions, under the current laws of England and Wales they are not legally binding and therefore specialist guidance is required.
If you are contemplating divorcing your other half, it is important to understand that divorce is not always what we expect it to be. Unfortunately, quite often a majority of people misunderstand how separating and divorce works, which can cause additional stress and difficulty. Being aware of what the process entails from the outset is very helpful.
Divorce can be a lengthy process. If you can accept this fact, you already disburden some of the extra stress as your next few months, or even years, might drag out in the open without you having any certainty what the future will look like.
If you thought divorce was one process you would undergo, you are likely to be wrong. Most will undergo three separate processes:
- Ending the marriage as such (the divorce itself);
- Splitting up assets and properties (if you have any); and,
- Making arrangements for any children.
These three elements are three separate processes but quite often take place simultaneously.
We are here to provide our guidance and support so you can keep your calm throughout the process.
Ending a civil partnership
Civil partnership was initially introduced for same-sex couples who wanted protection akin to marriage but since 2018, it is also available to mixed-sex couples who find the institution of marriage archaic. Ending your civil partnership is a process very similar to divorce.
As unfair as it might seem, the law does not actually recognise a “common law marriage” as quite often referred to by cohabiting couples. Too many times, it comes as a surprise to such couples that on the breakdown of their relationship they are not afforded the same rights as would arise from a divorce. We therefore strongly recommend you obtain legal advice at the very outset on your rights, especially if children are involved.
Financial claims and settlement
If you are facing divorce or separation you require the experience and expertise of a knowledgeable family practitioner who can ascertain your financial disclosure and personal circumstances to give a realistic outlook as to what can be achieved. We are here to provide an expert advice and solutions best suited to your circumstances.