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Is a pre-nuptial agreement just for the rich and famous? Are they taken into consideration by the courts should you need to divorce? Frettens' Family Team explain how couples can protect themselves and prepare for the future should the worst happen.
This is an agreement made between a couple before they marry, detailing with how their assets and resources would be treated if they were to divorce. They can be useful for any couple, not just the rich and famous. Pre-nuptial agreements are now more common and they are particularly useful for second marriages.
Pre-nuptial agreements are still not binding under English law, although the courts are increasingly taking them into account on divorce where certain safeguards have been met. Pre-nuptial agreements remain only one of many factors that the divorce courts are obliged to consider.
Although engaged couples understandably do not wish to focus upon what will happen should the marriage breakdown, many are fearful about potentially expensive and unpleasant divorces. Many people have already been through a divorce before and may prefer to achieve a greater control over the divorce process..
A co-habitation agreement is a written agreement between people who live together about their assets and financial arrangements. It makes it clear who owns what and sets out how assets would be divided, should they separate in the future. They are an easy and relatively inexpensive solution to help protect your interests if the relationship ends and help to minimise court intervention. If a dispute arises while separating, this agreement becomes evidence of what you both intended. Read more about co-habitation agreements.
Frettens are pleased to offer a free initial consultation for all new clients. We have always offered this service because we recognise the importance for clients of deciding whether they can work with a particular solicitor and to find out more about the process and likely outcome. Our family lawyers offer positive, down to earth advice, and we hope that this initial meeting allows you the time to see this as well.
Contact a member of our Family Team to arrange a free initial appointment at either our Christchurch or New Forest office, where you will be able to meet your solicitor with no obligation or charge.
How do I get a divorce?
No-fault divorce became law in April 2022, allowing people to solely or jointly apply for divorce without blaming their partner for the relationship breakdown.
There is no specified period of separation for no-fault divorce. You could still be in the same house!
Can I do a divorce myself online?
Yes you can, through the gov.uk website.
However, do it yourself divorce does have its drawbacks and won’t be suitable in all circumstances.
If you are considering DIY divorce, please read the full article here for the advantages and disadvantages.
Who gets what in divorce?
For a marriage that is 15 years or more, the starting point for the Court is why should there not be an equal split of the assets.
For marriages of less than 15 years, the starting point is that each party should walk away with what they took into the marriage.
However, the factors set out below may slide this scale and alter those positions.
To find out more about entitlements in divorce, click here.
What happens if we can't agree on child arrangements in divorce?
In an ideal world, you and your partner will come to an agreement between yourselves. However, when no agreement can be reached, the courts may have to become involved.
Before the involvement of the court, both parties must however attempt mediation (unless the matter is urgent).
This is a process where an independent third party who is a professionally trained mediator, helps you and your former partner reach an agreement together regarding your children and other issues you may have, for example, finances.
In the event where no agreement can be reached, one of the parties may decide to make an application to the court.
How do the courts decide child arrangements?
With the involvement of the court, the court’s paramount consideration is the welfare of the children. This means that the court will look primarily at the children’s interests, ahead of what the parents might desire.
The court will consider the following factors:
Read more about child arrangements and court proceedings in divorce here.
What happens to your pension when you get divorced?
Any pensions that either party has, whether in joint or sole names, will be considered as part of the shared matrimonial assets. Even if a chunk of that pension was acquired pre-marriage, this does not stop it from being considered a matrimonial asset, especially if including that pre-marriage portion of pension will mean a fairer outcome.
Whilst a party could argue that a particular amount of a pension should be ‘ring-fenced’, i.e. excluded because it was acquired pre-marriage, the Court will take into consideration the full value of the pension.
To find out about pensions and divorce for your specific circumstances, please refer to our comprehensive guide here.
I want a clean break for finances
Whilst getting a divorce ends the contract of the marriage, it does not deal with the financial aspects of the separation. Unless you enter into a formal agreement known as a consent order and get a clean break order, your ex-spouse could make a claim for a share of your assets, property, inheritance, income or pensions in the future even many years after the divorce.
Can I change the locks?
This is a very common question and the short answer is no. As a married couple living in the matrimonial home, you both have a legal right to be in the property and neither of you can exclude the other unless you have been to court and obtained a court order which permits you to do so. If you have separated from your spouse and agree that one of you will move out, until a long term solution has been reached, it is best to hold off changing the locks and agree when they can enter the home, to collect belongings for example. If your spouse changes the locks without your agreement, you are entitled to arrange for your own lock smith to change the locks again or obtain a court order to provide you with a copy of the key.
What is a no fault divorce?
Current laws require one spouse to rely on adultery or behaviour of the other for divorce proceedings to start immediately.
A no fault divorce will allow couples to state that their marriage has broken down irretrievably, without apportioning blame.
It is hoped that the new laws will help reduce conflict between separating couples, which can be damaging to children involved.
Contact us if you would like a free initial appointment with a member of our Family Team at our Christchurch office, with no obligation or charge. Call on 01202 499255 or fill out the form on the right.
The content of this article, blog or video is not intended as specific legal advice. For tailored assistance, please contact a member of our team.
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