Couples may now be thinking about how to protect their pre-marital assets and interests in the event of a marital breakdown, particularly when they have children from a previous relationship. Whether you own your own home, run a family business, have inherited assets or have built a pension, our experts can talk to you about the benefits of nuptial agreements and how they can assist you and your family in the division of matrimonial assets.
A pre-nuptial agreement would be made at least 28 days prior to the marriage. Post-nuptial agreements would be made as soon as possible after the marriage has occurred.
Whilst a pre-nuptial agreement is not automatically legally binding in England & Wales, it can be upheld by a Court if it meets certain criteria.
You can update your pre-nup/post-nup at a later date, however both parties must agree to the changes, there should be full financial disclosure and parties should seek independent legal advice. We can help you to understand the implications of any changes proposed and ensure that the agreement is fair and enforceable.
Disputes Involving Children
Children Law issues can occur for a number of reasons at any stage during a child’s life. They can include parents, step-parents, grandparents, special guardians, siblings and wider family members.
We are able to assist you with a wide range of issues, to include:
- Child Arrangements Order (Live With and Spend Time With)
- Prohibited Steps Order
- Specific Issues Orders
- Parental Responsibility Orders
- Advice for Grandparents
The previously known ‘live with’ orders or, as many refer to as ‘custody’ of a child, have been replaced with Child Arrangements Order. A Child Arrangements Order can be made confirming where a child lives and how much time a child spends with the other parent.
The starting point for any child is that it is in their best interests to have a relationship with both their parents, providing it is safe. Of course, in a number of cases, safeguarding issues will need to be considered and the Court will need decide if any of those concerns are justified and prohibit a relationship.
The first step is to try and resolve the issue without intervention from the Court. There are a number of ways that disputes can be resolved without the need for the Court’s involvement. This can include discussing matters amicably with the other parent, sending formal letters via a solicitor, or mediation. The most appropriate first step is not suitable for all and will, of course, be specific to the facts and issues in your case.
If it is not possible to resolve matters outside of Court, an application may need to be made for a Child Arrangements Order to spend time with your child/children.
Parental Responsibility is the rights, duties, power and responsibilities a parent has in relation to a child. Persons with Parental Responsibility for a child can make important decisions about their lives, including which school they attend, whether their name should be changed, what medical treatment they should receive or what religion they should follow.
If you have made an application to the Court, you can expect at least some involvement from CAFCASS or CAFCASS Cymru. CAFCASS look after the interests of children in family proceedings. They are independent of the Court and of social services and provide the Court with advice of what they consider to be in the best interests of your children.
In private law children cases, CAFCASS may contact you after your application is listed to prepare a Safeguarding or Child Impact Report. This involves them gathering information from you about your current situation and your concerns which have led to the application being made. It is important to provide CAFCASS with clear and honest information about your children’s circumstances and any worries you may have.
Legal Aid
Legal Aid is still available in family proceedings if you meet certain criteria. The criteria to be applied will depend on what type of proceedings you are involved in.
We are able to assess your eligibility promptly to confirm whether you will qualify for funding.
Contact our team on 01978 291000 for us to confirm whether you are eligible.
Our Family Law Specialists
Our Family Law department is composed of dedicated specialists committed to providing compassionate and expert legal support.
