Category Archive: Family Law

1. Voluntary Financial Disclosure

   March 12, 2021 9:15 am Leave a Comment

   If your marriage unfortunately breaks down, the last thing that you want to think about is agreeing financial matters between you and your spouse. However, even if you and your spouse divorce, financial claims remain open until you put in place what is known as a financial Consent Order. This Order will seek to end financial claims between you and your spouse and record your financial settlement.

   Financial matters can be dealt with by way of Court proceedings; however, to attempt to keep matters amicable between you and your spouse, we would usually suggest that you attempt to reach a financial settlement on a voluntary basis without Court proceedings being initiated.

   In order for us to be able to advise you of a financial settlement that is fair and in your best interests, we would instead initiate the process of voluntary financial disclosure. Even on a voluntary basis, both you and your spouse have a duty to provide full and frank voluntary disclosure and you must disclose everything that is relevant to your matrimonial finances.

   Documents Required for Voluntary Financial Disclosure

   Once you and your spouse have agreed that financial matters will be dealt with on a voluntary basis, we would ask that you provide us with the following documents:-

   1. Your salary / wage slips for the last three months;
   2. Your P60 for the last tax year;
   3. If you are self employed, a copy of your last two years’ accounts and tax returns / tax statements;
   4. Details of all your business interests together with the last two years accounts for each business;
   5. Your last 12 months bank and building society account statements or passbooks for all accounts in which you have an interest, either solely or jointly with another;
   6. Evidence of the amount of outstanding debts or liabilities which you have either solely or jointly with another, including credit card statements for the most recent three month period;
   7. Your estimate of the value of any property you own in your sole name or jointly with another;
   8. Your most recent annual mortgage statement or mortgage redemption statement for all property you own or in which you have an interest;
   9. The surrender values for all life or endowment policies which you possess solely or jointly with another and if possible the projected maturity values of such policies;
   10. Details of any other assets in which you have an interest, such as ISAs, PEPs, Bonds, Shares, National Savings Certificates, motor cars etc.;
   11. Details of any monies owed by you;
   12. Details of any monies due to be paid to you within the next twelve months for example as a result of inheritance; and
   13. Pension valuations for all your pension funds, whether current or frozen – we suggest you request these urgently as they can take several weeks to receive.

   

   Your spouse will collate the same documents and once ready, the financial disclosure will be mutually exchanged with your spouse or their legal representative. You will both then be able to raise questions based on the disclosure that the other has provided in the hope that constructive negotiations can take place to agree a financial settlement.

   Advantages of Voluntary Financial Disclosure

   The advantages of dealing with financial disclosure on a voluntary basis include the following: –

   1. Matters may remain more amicable between you and your spouse compared to if Court proceedings were issued;
   2. Any financial agreement reached will be agreed by both you and your spouse, rather than being imposed by the Court;
   3. You have more control over the process, rather than needing to follow Court directions;
   4. The time taken to resolve matters is generally reduced as you will not need to wait for Court hearings to take place;
   5. Legal fees are generally much less when matters are being dealt with voluntarily.

   Contact Us

   If you would like to discuss any aspect of divorce or financial matters, please do not hesitate to contact our family department who will be pleased to assist you.

2. Taking the step into Child Arrangements Applications

   February 26, 2021 3:37 pm Leave a Comment

   When parties separate or decide to divorce from each other, often their next concern is regarding contact with the children of the relationship. In an ideal world, people are able to agree those arrangements amicably between themselves, but what happens if there is a dispute where one party wants to spend time with the children, but the other party doesn’t agree? 

   Depending on whether you are the parent seeking contact, or the parent wishing to limit contact, you need to know what your options are, and if guidance is sought from the Court, what any decisions made are based on. The first step would usually be to seek legal advice to discuss any issues and reasons for concern. 

   Consideration needs to be given to whether the party wishing to have contact with the child holds parental responsibility. Parental responsibility means ‘all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property’ [Children Act 1989]. A child’s mother automatically has parental responsibility and does not lose it if she and the child’s father separate, whether or not they were married. A father who is married to, or the civil partner of the child’s mother when the child is born will automatically have parental responsibility. Fathers of children who are not married to, or the civil partner of, the child’s mother will have parental responsibility if they are named on the birth certificate of the child (post-December 2003).  

   What is a Child Arrangements Order?

   Once parental responsibility has been established, in the event one party wishes contact with a child, or wishes to restrict the other from having contact with a child, then they may wish to make an application to Court for a Child Arrangements Order. This is an Order which regulates arrangements for a child relating to issues such as with whom the child is to live, spend time or otherwise have contact with, or when the child is to live, spend time or otherwise have contact with the other party. 

   Before any application can be made to Court you are required to attend a meeting with a mediator to determine whether mediation may be a suitable way for you to resolve your dispute, rather than using the Court. If the parties are willing and able to mediate, this may assist them in coming to an agreement in relation to how contact arrangements are put in place. It is accepted however that mediation is not suitable in all cases, and there are certain exemptions which apply depending on the circumstances. 

   After an application to Court is made, the case is referred to CAFCASS (the Children and Family Court Advisory and Support Service) whose role is to provide the Court with information so that a safe decision can be made about the child/children and the arrangements with either party. CAFCASS conduct safeguarding checks into all concerned individuals and also make enquiries of other authorities for instance Social Services to determine whether there has been any prior involvement with the family. CAFCASS also speak to both parties to ascertain views and listen to any safeguarding concerns. Their role is then to provide the Court with a safeguarding letter setting out their initial recommendations in advance of the case being listed for a hearing. 

   At present, the majority of hearings are being dealt with by way of remote Telephone Hearings so as to ensure access to the judiciary during the current pandemic. The first hearing is called a First Hearing Dispute Resolution Appointment and CAFCASS will usually be present at this hearing to provide any assistance to the Court, and also to deal with any outstanding safeguarding checks if applicable. Depending on recommendations and whether any safeguarding concerns have been identified, the Court will need to determine the next steps. If there are no child protection safeguarding concerns highlighted, then CAFCASS and the Court will try and assist the parties to reach an agreement.

   If however CAFCASS have identified safeguarding concerns and made recommendations for further investigations to be undertaken, then the Court will consider and direct those, making arrangements for the case to return to the Court at a later date once those steps have been taken. These may include CAFCASS being required to produce a more detailed report called a Section 7 Report, or any other directions depending on the circumstances. Ultimately the Court will hold a Final Hearing with the Judge/Magistrates hearing evidence from adults involved, CAFCASS and any other expert necessary before making a decision. 

   Your Family Law specialist will be able to provide help and guidance from the beginning when you raise your concerns, through to the ultimate conclusion of the case whether that is by way of discussions direct with the other party, or through the Court process.

   Contact Us

   Our Family Law team have a vast amount of experience in guiding clients through the process of a Child Arrangement Order application. If communications have broken down and arrangements cannot be made amicably, call today to discuss how we can help on 01782 956123.

3. The Reality of Divorce Day

   January 11, 2021 12:01 pm Leave a Comment

   Each year, the media join in their masses to report on a so called “Divorce Day” which, thankfully, is not an officially recognised day of any kind. It is simply a term used to refer to the first working Monday of a new year – which has been linked to an increase in people showing an interest in divorce.  It is true, that for many legal firms, this day can mean more divorce enquiries, or simply more visits to the relevant sections on their website. Likewise several family or relationship charities have also reported an increase of activity around this time. But what are the reasons for this trend? And why do we have a “Divorce Day” at all?

   In all honesty, “Divorce Day” is nothing more than a media made fabrication which seems to create a fantasised approach to what can be a very emotional and difficult time for many families. Truth be told, it can take months, if not years to come to the final decision to separate from your partner, as opposed to treating it like a New Years resolution that the media portrays it to be.

   Realistically, the increase in enquiries has a lot to do with most law firms closing for the Christmas period and nothing at all to do with this so called “Divorce Day”. What we often see is people thinking about divorce before the holidays, only to delay taking action until after the Christmas and New Year period. This could be for several reasons:

   Parents often want to protect the feelings of their children, family or even the other partner over a time that is meant for joy and positivity. Others may even have second thoughts during this period, as Christmas tends to bring people together. Sadly, however, reality can often hit again once January rolls around and the dark winter days continue and normal routines resume.

   There is little data on the exact reasons, and of course everyone has their own individual experiences and circumstances, although we can surmise that a combination of the above may well contribute in some way. Other factors can include:

   

   Holiday Tensions

   The Christmas and New Year period can also be incredibly stressful for married couples. Spending an extended period of time in close proximity with anyone, even your partner, can lead to tension. If you add extended family to the mix, those stresses can be even worse. As we are aware 2020 saw people spending more time at home alone than ever, especially over Christmas, so these situations more than likely arose once more.

   Finances

   Financial troubles are often a big cause of friction in a relationship. Each January, many people have an extended gap between December and January pay, leaving them with less in the New Year. Christmas also comes with massive expenses in terms of gifts, food & drink, and more. All of those factors are likely to contribute in a normal year, plus the added stress from a global pandemic which has left many with concerns about job security or reduced wages.

   The Coronavirus Pandemic

   Perhaps more significant to the increase in divorce or relationship breakdown enquiries is the unique situation imposed by the covid-19 pandemic, which has seen many families go through multiple lockdown and self isolation periods. Many have suffered additional pressures since March 2020, having spent more time together in isolation, as well as the added financial strain arising from the forced closures of businesses, the furlough scheme and redundancies nation wide. This has led to statistics for divorce enquiries being slightly different than in previous years.

   It is true that January is a time of reflection and many people begin to address the fact that their marriage may no longer be working. But remember, nobody enters a marriage or relationship thinking about divorce or separation, so before making any final decisions, it might be worth making these considerations:

   • Commitment from both sides is needed to make a marriage work
   • Communicate with each other to express your feelings and grievances
   • Let go of previous issues where you can
   • Be accountable for you own actions
   • Consider professional help such as counselling

   If however your relationship has irretrievably broken down, it is important that you seek legal advice to ensure that you receive the support and guidance through what is, for many people, a very difficult and traumatic time. Our Family Law team are vastly experienced in handling these cases sensitively and are on hand to guide you through every step of the way. Speak to a member of our team today on 01782 983943 or complete an online enquiry form here https://tinsdills.co.uk/individual/family-law/.

4. Change of Name Deeds and Statutory Declarations

   December 18, 2020 11:11 am Leave a Comment

   Change of Name Deeds

   There are many reasons for wishing to change your name. The most common reasons for a change of name that we encounter are:-

   • Your marriage has broken down and you wish to formally change your name; 
   • You are transgender and want your legal name to match the name that you are otherwise known by. However, please do note that a change of name deed does not change your gender and a Gender Recognition Certificate will be required for this;
   • You no longer associate with your family surname or birth name or you dislike your name and wish to change your name to reflect your own wishes;
   • You have married and wish to have a ‘blended’ or different surname than your spouse’s name;
   • Your name was registered incorrectly on your birth certificate and you wish to have this formally corrected; 
   • To change or correct the spelling of your name; or
   • You wish to identify with or fit in with another culture, country or religion.

   There are of course many other reasons why you may wish to change your name and you are also not limited to just a change of surname. You can change any part of your name should you wish to do so, provided that it is not for illegal or immoral purposes. 

   Adult

   If you are over the age of 18, you can change your name at any time. We will prepare a Change of Name Deed, which will specify your new name and once this Deed has been signed, witnessed and dated, your name will officially be changed. You will then be able to provide copies of your Change of Name Deed to organisations such as the passport office, DVLA, NHS etc. and your name can be updated on your official documents.

   Child

   If you are aged 16 or 17 and wish to change your name, you can do so by way of a Change of Name Deed, as described above, without your parent’s consent, so long as you are not subject to a Child Arrangements Order, Residence Order, Special Guardianship Order, Care Order or interim Care Order. If you are subject to one of these Orders, we will need to obtain the consent of everyone with parental responsibility for you. 

   If you wish to change the name of a child under the age of 16, a Change of Name Deed will still be required, however the Deed will either need to be signed by everyone with parental responsibility, or the others will need to give their consent, with you signing the Deed on the child’s behalf. If you are the only person with parental responsibility, no further consents will be required and you will simply need to sign the Change of Name Deed on behalf of your child.  

   Statutory Declarations 

   What is a Statutory Declaration?

   A Statutory Declaration is a statement of fact that is generally signed in the presence of a Solicitor or Commissioner for Oaths. A Statutory Declaration can be required for many different reasons; however, they are most commonly required for a change of name or for marriages abroad. 

   Change of Name

   As discussed above, a change of name is generally done by way of a Change of Name Deed. However, in some circumstances, a Statutory Declaration will be required instead. Examples are when your name was registered incorrectly at birth, or where your change of name requires some further explanation to ensure that there is a proper paper trail, such as where you have been known by a name that is different to your legal name for some time. 

   We will prepare the Statutory Declaration on your behalf and you will then need to sign the Declaration and ‘swear’ it in front of an independent Solicitor or Commissioner for Oaths. 

   Marriage Abroad

   If you are due to marry abroad, most countries require a Statutory Declaration to state that you are free to marry before you enter the country.

   Your travel agent should be able to advise you on the specific requirements of the country in which you are getting married and provide you with an example of the document required by that country. We will then be able to prepare the Statutory Declaration to meet the specific requirements of that country and this will then be signed by you and ‘sworn’ in front of an independent Solicitor or Commissioner for Oaths. 

   Contact Us

   If you would like to discuss the preparation of a Change of Name Deed or Statutory Declaration, please do not hesitate to contact Becky Hulmes in our family department on 01782 652310 or becky.hulme@tinsdills.co.uk who will be pleased to assist you.

5. Recognising the Signs of Domestic Abuse

   November 12, 2020 12:01 pm Leave a Comment

   As we have now entered another lockdown we are aware that this is a stressful time for many people, especially for anybody who is in a relationship where there is domestic abuse.

   Recognising the Signs

   Recognising domestic abuse can sometimes be difficult. By definition, domestic abuse is any type of controlling, bullying, threatening or violent behaviour which includes the following:-

   • Physical – for example, kicking, hitting, etc.
   • Emotional – for example, causing upset, showing no empathy, etc.
   • Psychological- for example, controlling what the other is wearing, etc.
   • Financial- for example, controlling what money the other can have, etc.
   • Sexual – for example, rape, etc.
   • Honour-based – for example, controlling religious cultures, etc.

   It is important to emphasise that both men and women can suffer at the hands of their partner from domestic abuse, although it very often is the case that men are more reluctant to admit this.

   It is a well known fact that abuse can increase when a relationship is subject to stress and indeed during lockdown and throughout the coronavirus pandemic, there has been immense stress placed on many families. This is as a result of pressure from loss of jobs, reduced income, poor health and a lack of normal routine or structure.

   It is also important to recognise that domestic abuse can occur inside or outside of the family home. It does not have to be face-to-face but is very often via telephone, internet, or even social media. Not only does it happen during a relationship, but very often continues following the end of a relationship too.

   Seeking Help

   Seeking help can be nerve wracking but there are dedicated teams and support networks available. You can seek help in relation to the domestic abuse you may be suffering, from the police as well as many other institutes that can offer immediate and ongoing support and assistance.

   As a specialist Family Law team, we can also assist you in dealing with abuse and bringing your relationship to an end. We can support you through emergency court proceedings, seeking a non-molestation order and / or an occupation order. We can also assist you through divorce proceedings and resolution of finances following the end of your relationship, together with sorting arrangements for your children.

   We offer an initial consultation to discuss these relationship matters by way of a telephone appointment and this can be set in place very quickly, at a time to suit you. All enquiries are dealt with in a confidential manner, showing complete understanding and putting your needs as paramount.

   Should you wish to discuss any topics mentioned in this article, please contact us via telephone on 01782 956123 or through our online contact form: https://tinsdills.co.uk/about-us/contact-us/ so that an appointment can be set up with one of specialist family solicitors.

6. Appointing Legal Guardians for your Children

   October 26, 2020 9:53 am Leave a Comment

   Should I appoint a legal guardian?

   If you have a child that is under the age of 18, you may wish to appoint a legal guardian to look after them should you die before they reach the age of majority.

   A guardian will look after your child’s everyday needs, make important decisions about their education and health and often manage their financial assets. The guardian will acquire parental responsibility for the child and will be required to take parental decisions in your absence.

   If no guardian is appointed, and a child’s parents die, it will be for the court to decide who should care for the child, and this may not reflect your wishes, and in extreme circumstances may result in your child being placed in the care of the Local Authority should no appropriate carer be identified.

   Who can appoint a legal guardian?

   Any person with parental responsibility can appoint a guardian. A child’s birth mother will automatically have parental responsibility for the child. Further, if a person is married to or in a civil partnership with the child’s mother at the time of the child’s birth, they will automatically acquire parental responsibility, as would being registered on the child’s birth certificate.

   If the above circumstances do not apply and parental responsibility is not automatically acquired, there are a number of ways in which parental responsibility can be obtained, including, but not limited to:

   • Marrying or forming a civil partnership with the child’s mother after the birth;
   • entering into a parental responsibility agreement;
   • through a court order; or
   • by becoming the child’s guardian

   Whilst it is recommended that an agreement is reached between parents as to who should be appointed as guardian in the event of both parents death, in cases where parents are separated, this can not always be achieved. If more than one guardian is appointed and both parents die, the guardians will have to make joint decisions in respect of the child’s upbringing. If no agreement can be reached between the guardians, the court may be required to step in.

   

   What if I have children from a previous relationship?

   In circumstances where a parent has children from a previous relationship as well as a current one, difficulty can arise where the parent wants all of their children to remain together should they die.

   In this case, if the parent of a previous relationship is alive and is the only remaining person with parental responsibility, the legal guardianship will not come into effect and, unless there are good reasons why the other parent should not care for the child, the child of that relationship will be placed in their care.

   Should it be the case that you wish for your new partner to have responsibility for all of your children, provided you are married or in a civil partnership, it is possible for them to acquire parental responsibility for the children from a previous relationship in two ways:

   • by entering into a parental responsibility agreement. This will require the consent of
     everyone who has parental responsibility for that child; or
   • through an order of the court.

   Provided parental responsibility of the step-parent is acquired, should you die, parental responsibility will be shared between your current partner and the child’s other parent. If parental responsibility is not acquired, your new partner will have no legal right to make decisions in respect of the child, unless they were to obtain a court order to that effect.

   Who should I appoint as the guardian?

   There are a number of important factors to consider in deciding who you should appoint as a guardian to deal with the eventuality of your death.

   It is important to discuss the appointment with a prospective legal guardian to ensure they understand what the responsibilities are and that they are happy to take on such an important role in your child’s life. Provided they are happy to take on the responsibility, it is worth considering the following to assess their suitability:

   • whether the prospective guardian have children of their own and how would this
     impact upon their care of your child;
   • whether the guardian’s family share similar beliefs to your family;
   • location – does the guardian live close, i.e would the children need to move school
     and would they be able to see other family members on a regular basis;
   • the health and age of the guardian – consider whether the prospective guardian has
     the physical and mental ability to care for your child;
   • Financial stability – it is important to consider whether the prospective guardian has
     the resources to care for another child

   It is also important to note that a guardian can appoint another individual to take their place as the child’s guardian upon their death. This may be something that you wish to discuss with the guardian prior to their appointment.

   How do I appoint a guardian?

   Appointment of a guardian is done by appointing a guardian in your will. If more than one person has parental responsibility for your child, you should agree on who you should appoint as guardian and both appoint that same person.

   The guardian can then be appointed by either creating your will or updating your current will.

   When does the appointment of a guardian take effect?

   The appointment of a guardian will take effect immediately on the death of every party with parental responsibility for the child. The appointment of a guardian will cease automatically when the child reaches the age of 18.

   If a Child Arrangement Order was in force, which provided that the person appointing the legal guardian was who the child was to live with, the appointment of the guardian will take effect immediately on this person’s death, but parental responsibility will be shared between the guardian and any surviving parent. 

   Contact us

   If you would like to discuss the appointment of a guardian or wish to create or update your
   will, please do not hesitate to contact Tinsdills Wills, Trusts & Probate department. 
   Alternatively, if your query relates to the parental responsibility of your children or an
   application to Court regarding this, please contact Tinsdills Family department.

7. The Five Stages of Divorce

   May 1, 2020 11:30 am Leave a Comment

   Stage 1 – The Petition

   Stage 2 – The Response

   Stage 3 – Applying for a Conditional Order

   Stage 4 – Conditional Order

   Stage 5 – Pronouncement of Final Order

   The process of getting a divorce can be understandably difficult, and it comes with many concerns – from the emotional to the financial and practical. This guide aims to ease that load for anyone looking to get a divorce, by breaking down the process into five easy-to-understand steps. Read on to discover the five stages of divorce, along with detail on each step and what you will need to do.

   The Petition

   In order to initiate divorce proceedings, the applying party, known as the Applicant, will need to send to the court a Divorce Petition. The only ground for a divorce is irretrievable breakdown of the marriage.

   In England and Wales, as of 6 April 2022, the Petition will be issued on a “no fault” basis, meaning that a marriage has broken down with no “blame” placed on either party.

   The Response

   Once the Petition has been lodged, the court will send a copy to your spouse, who known as the Respondent, alongside an Acknowledgement of Service form which they should complete and send back to the court to allow the divorce to proceed.

   In cases where the Respondent refuses to return the Acknowledgement of Service form, the Applicant can arrange for a process server to personally serve the Petition on the Respondent. The process server will charge a fee for this and will provide a statement of service which can be used in lieu of the signed Acknowledgement of Service to progress the divorce.

   Applying for a Conditional Order

   Once the Petition has been appropriately acknowledged, the Applicant will need to apply for a Conditional Order, which is the first decree in divorce proceedings. The Conditional Order cannot be applied for until 20 weeks have passed from the date that the Petition was issued by the Court.

   This is done by submitting an application form alongside a statement in support which confirms that the contents of the application are true. Upon these being lodged with the court, and the court considering the documentation and being satisfied that the Applicant is entitled to a divorce, the Court will issue a Certificate of Entitlement to a Conditional Order which will list the date for the pronouncement of the Conditional Order.

   Conditional Order

   Both parties will receive a Court Order stating that the Conditional Order has been pronounced.

   The divorce is not complete until the Final Order is pronounced, and this can only be applied for after at least 6 weeks have passed since the pronouncement of the Conditional Order. After the prescribed time, the Applicant is entitled to lodge a Notice of Application for Conditional Order to be made Final.

   Pronouncement of Final Order

   The final step in the divorce is the pronouncement of the Final Order which will be made on the court receiving the Notice of Application for Conditional Order to be made Final.  The first date that the Applicant can make such application is 6 weeks after the pronouncement of the Conditional Order. Once the Final Order has been granted, you will be legally divorced.

   It should be noted that obtaining a Final Order does not prevent your spouse from having a claim on your income and /or assets and /or any future inheritance you may receive. In order to be protected from any future claims, a clean break Consent Order is required. It is often recommended that the Applicant refrain from applying for the Final Order until financial matters are resolved. It is possible for the Respondent to make such application for the Final Order, should the Applicant fail/refuse to do so. However, this is more complication and requires an application being made to the court and a hearing where the Judge will decide.

   For more information on how our experienced Family Solicitors can help with your divorce, whether the Petitioner or Respondent please contact our client service advisors.

8. Coronavirus Co-parenting Guidance

   March 25, 2020 11:35 am Leave a Comment

   In these strange and uncertain times often the first question our clients are asking after “How do I keep my family safe?” is “What happens with regards to existing contact arrangements?”.
   
   At this stage, the Government have stepped up their plan in attempting to control the speed of the Coronavirus (Covid-19) spreading. During the Prime Minister’s address to the nation on Monday, 23rd March 2020, advice was given to the general public urging people to stay at home.
   
   Advising that we should:
   
   • only go outside when absolutely necessary for food, medicine, essential work or exercise;
   • to stay 2 metres away from other people, and;
   • to wash our hands as soon as we get home.
   
   But what does this mean for those families whose children spend time between two parents, either as a result of agreed contact arrangements or as a result of a Court Order?
   

   

   
   Whilst we are all learning how to adapt, Government guidance remains that children should not normally be moving between households, it is, however, recognised and accepted that this may be necessary where there are children who are under 18, and who need to move between separated parents. At this stage therefore, this travel is permitted.
   
   All parents know that children benefit from a routine, and it is clear that that routine will now look very different to how it was just one week ago. That routine includes maintaining contact with the separated parent in the usual way, assuming of course it is safe to do so. At present, unless there are justified medical/self-isolation issues, or further guidance is released from the Government, children should maintain their usual routine of spending time with each of their parents. Cafcass state that “all child arrangement orders should be complied with unless to do so would put your child, or others at risk”. Should it not be possible for this routine to be maintained, then as always, communication is key either directly with the co-parent, or through a third party if necessary.
   
   We understand that this is a particularly stressful time for parents, and a lot of questions remain unanswered. Rest assured, we are here to give you guidance when required, and all our dedicated Family team can be contacted as usual during these challenging times. We will also update this information where appropriate and in line with any further Government advice.

9. The Tinsdills Family Is Growing!

   September 25, 2019 4:48 pm Leave a Comment

   Continuing our exciting news last month with welcoming Helen to the family team, we are now pleased to announce that Sarah Longley has completed her training contract and has qualified as a Family Law Solicitor. Sarah started her training contract at Tinsdills in 2017, where she completed seats in Family, Commercial and Residential property before going back to complete her final seat in the Family department. Sarah says she is “excited to be continuing her career” at Tinsdills.

   Well done Sarah!

   Sarah has a wide range of experience dealing with divorce, including the preparation of petitions and the proceedings in general, advising clients on children related issues, preparing applications for court proceedings and dealing with Court proceedings in general. Sarah will mainly cover our Leek and Hanley branches, joining Marie and Helen. Marie has worked at Tinsdills for 18 years and specialises in Family Law, and Helen has also specialised in Family Law for 30 years.

   

10. 10 Things You Need to Know About Pre-Nuptial Agreements

    January 10, 2019 11:08 am Leave a Comment

    [vc_row][vc_column][vc_column_text]Sometimes in a marriage, one party possesses more than the other in terms of wealth or assets. Should these assets be acquired prior to the marriage, then one party may wish to take precautions to protect these assets should the marriage fail. This is possible with a Pre-Nuptial Agreement, which is a formal contract between a couple that sets out for division of their assets in the event of a divorce/separation.

    The document is signed before the couple marry and is usually a document entered into by couples who have a particularly uneven distribution of wealth. As pre-nups are becoming an increasingly popular agreement made by couples, we’ve outlined the main things that you need to know about them.

    1. Pre-Nuptial Agreements are not just for the rich and famous. There is a perception that pre-nups are a precaution reserved for A-listers and people with huge amounts of wealth. Actually, they’re becoming increasingly popular as a ‘good sense’ move before tying the knot.

    2. Best practice requires that both parties have their own solicitor, and they need to fully disclose their assets from the get-go.

    3. The agreement has to be freely entered into in order that there be as much choice as possible.

    4. Another criteria for a pre-nup to stand is that full and frank disclosure has to be given by both parties – nothing can be hidden! You must disclose your full position to both your solicitor and your spouse, and this should be ideally recorded for both parties in an appendix to the agreement.

    5. The timing of entering into the agreement should be considered, so think ahead. Suggesting a pre-nup too late in the day – i.e., a week before you’re scheduled to wed, is not a great idea. There should be a period of at least three weeks between signing the agreement and the date of the marriage.

    6. You should implement a review clause in the agreement.

    7. It is not possible to oust the jurisdiction of the family Court.

    8. Pre-nups aren’t the only way to protect your assets; Post nuptial agreements are an alternative way to protect your assets in the event of marriage breakdown.

    9. Pre-nups are still not automatically binding in England or Wales, though recently courts have been more willing to attach weight to them if the steps as set out above are taken.

    10. Any perceived unfairness within the agreement can still be addressed by the Court. However, as long as the circumstances and the nature of your pre-nup are fair within the eyes of the court, your pre-nup is a great way to add clarity to the division of your assets.

    In short, pre-nuptial agreements may seem daunting, and appear an awkward subject to approach. However, when they are executed properly and fairly, they may assist in times of marriage breakdown and help to ease all the stress that can bring.

    If you are seeking further legal advice on pre-nuptial agreements or divorce proceedings, feel free to get in touch by calling us on 01782 65230. Alternatively, you can drop us an email at lawyers@tinsdills.co.uk.[/vc_column_text][/vc_column][/vc_row]