A pre nuptial agreement is an agreement made between parties contemplating marriage, it attempts to regulate what will happen to their finances in the event of a divorce. In the UK however pre nups are not a formal, legally binding document. So are they worth having? Family lawyer Sue Harwood answers that question in this blog.
There appears to be more and more people dealing with their own divorce without first seeking advice from a family lawyer. A 2013 YouGov survey showed that 26% of people involved in divorce had taken the DIY route, with younger people and those in London far more likely to take this approach. In the vast majority of cases, this can be due to financial constraints or when the parties believe that everything is agreed between them and therefore, they do not need legal advice. How wrong they may be!
The ‘Missing Mum’ case involving Rebecca Minnock who fled with her 3 year old son in anticipation of a Court decision that the little boy should live not with her but with his father has attracted some lurid headlines and furore on social media in the past week. Quite separate from generating consternation and bewilderment by family lawyers who point out (repeatedly) to the press that there has not been a “custody” battle in this country for over 25 years. Yet despite two different incarnations of children orders since, the media insist on using outdated and inappropriate language to discuss where children will live.
On 11th May 2015 The Supreme Court allowed the latest appeal in the case of Wyatt v Vince. The case hit the headlines as it allows the wife to make a financial claim against her, now wealthy husband, 18 years after they divorced. “So what?” I hear you say. What does this decision mean for others?
Making the decision to divorce can be difficult, for those with children it is often even more so. You need to consider how you will tell the children, how they will react and how you can minimise the impact upon them. As family law solicitors we see the consequences of parents getting this right, and unfortunately the impacts when they get it wrong. There are no set rules and there is no set formula on how to tell your children you intend to separate. If however you know it’s going to happen, you need to think about how to break the news to them given your own particular circumstances and the age of your children.