This is a question we’re hearing from more and more couples. In some instances, it’s when we tell them they have left it too late to get a prenup before marriage. Whilst called something slightly different there is an equivalent that can be prepared and signed after the marriage or civil ceremony has taken place – it’s called a post-nuptial agreement.
With a new Government in place, albeit one preoccupied with Brexit and unforeseen tragic events, is now the time to put more emphasis on equality in family law? We have marriage and civil partnerships for same sex couples, but what about the rights of cohabiting couples, and the rights of heterosexual couples to have a civil partnership instead of getting married?
When parents separate one of the main issues of conflict relates to arrangements for the children. I am often contacted by distressed parents who are unable to reach an agreement with their former partner as to the weekly arrangements for their children And, often disputes flare up around annual events such as birthday’s, Father’s Day, Mother’s Day, the summer holidays and Christmas.
‘Divorce mortgages’ hit the headlines in recent weeks as banks and mortgage lenders put forward ideas for new ways a divorcing couple may be able to borrow money to “buy-out” the other and hold on to the family home themselves. A so called “divorce mortgage” is an innovative idea on how lenders might package their products with repayment being made at the end of the term instead of in monthly instalments. How much interest would be charged is yet unknown.
As a family lawyer I am often contacted by distressed parents who are unable to reach an agreement with their former partner as to the arrangements for their children. Clients often feel they have lost the ability to be an equal parent because they are no longer living in the same home as their children. Some parents who have the children living with them, start to believe they can make all the decisions and control the situation regardless of what the other parent says or wants.