Month: October 2019

Divorce without Court: The Benefits of Avoiding a Hostile Break-Up

Due to the emotional trauma and financial impact of a marriage breaking down, every divorce has the potential to become hostile. Unfortunately, this is counterproductive for a number of reasons, and you can definitely benefit from a divorce without court proceedings. Every divorce is different; some people can divide their assets and go their separate ways without any complications while for others, the process is a lengthy affair that requires a court to make crucial decisions. This tends to occur when a couple is unable to agree on certain aspects of the divorce, such as the division of assets or…

Should I See a Solicitor Before Signing a Prenuptial Agreement?

Updated October 2019 In short, the answer is yes, just as you should seek the help of an experienced solicitor before you make any legal decisions. However, when it comes prenups, failing to get the necessary advice and guidance increases the chance that the prenuptial agreement will not be valid. In this post, we’ll take a closer took at prenuptial agreements, including information about their legality and advice based on recent cases. Is a Prenuptial Agreement Legally Binding? In the UK, prenuptial agreements are not yet legally binding or completely enforceable. However, since 2010 (following the widely reported case of…

Balancing the Scales – Issues of Conduct and Non-Disclosure

Updated October 2019 The division of assets in a divorce is often the most complicated stage and requires plenty of negotiating. In this post, Elizabeth Simos looks at issues of conduct and non-disclosure and the impact where adverse inferences are drawn in needs cases.  This article was first published in the March 2019 edition of the Family Law Journal. Much to the dismay of “wronged” spouses in England and Wales, the courts are often hesitant to “punish” parties for their bad behaviour during a marriage when making financial orders on divorce. Case law has long established that the court will…

How to Protect Your Assets before and during a Divorce

The breakdown of a marriage is a difficult experience, but the majority of the stress during a divorce comes from negotiating the division of matrimonial assets. In this post, we discuss how to protect your assets before and during a divorce. You and your spouse will have accumulated a vast range of assets over the course of your marriage, all of which will be included in the concluding financial settlement. A divorce can have a pretty hefty financial impact on those involved, so it’s not uncommon for one party to attempt to secure certain assets before the divorce has been…

The Pros and Cons of Planning Divorce Secretly

Not every divorce is expected or even a mutual decision. So it’s not uncommon for one spouse to begin planning a divorce secretly.  Although some divorces are completely out of the blue — for example, if one party has been unfaithful — it’s often a gradual breakdown of the marriage that proves to be the killer blow. Regardless of the grounds for divorce, one spouse may believe that planning divorce secretly is the best solution. In this post, we’ll discuss the concept of planning a divorce in secret and list a few pros and cons of doing so. Pros It…