Posted by Shena Baron Feb 6th, 2012, in Divorce and Family Law, HD comment
While pre-nuptial agreements are not automatically binding under English law, several recent divorce cases have made it clear that the courts are increasingly taking account of pre-nups in their decision making process.
The most high profile of these divorce cases, and the one which has given the clearest indication yet that pre-nups will be recognised as enforceable, is the Radmacher case.
In this case, German paper industry heiress Karin Radmacher won the right to protect her fortune, and hundreds of millions of pounds controlled by her family, out of the hands of her former husband after the Supreme Court ruled that the pre nuptial agreement was binding.
The judges agreed that in the right case a prenuptial agreement could have decisive or compelling weight. Lord Phillips, the president of the Supreme Court, said the courts would still have the discretion to waive any pre- or postnuptial agreement, especially when it was unfair to any children of the marriage. (more…)
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Posted by Shena Baron Jan 10th, 2012, in Divorce and Family Law
Three high profile break-ups at the beginning of January have once again demonstrated how the Christmas and New Year period almost always heralds an increase in the number of people filing for divorce.
A busy week or two at home with the family and in-laws can often act as a pre-cursor to relationship breakdown, perhaps because the greater amount of time spent together can cause conflicts to boil over, or just because a period of reflection away from the distractions of work can convince people it’s time to go their separate ways.
This time around singer Katy Perry and comedian Russell Brand have become the ‘cover stars’ of the New Year break-up season, after Brand’s lawyers filed divorce papers after 14 months of marriage.
Opera star Katherine Jenkins and TV presenter Gethin Jones also announced they are splitting up. The pair weren’t married but had been in a relationship for four years. (more…)
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Posted by Shena Baron Feb 28th, 2011, in Divorce and Family Law
Two years ago I wrote about plans being discussed to introduce legislation that would give cohabiting couples who break up similar rights to married couples.
The plans have still not been introduced (they were put on hold by the Labour government for fear of undermining the institution of marriage), but all that could be about to change after Britain’s most senior family judge said cohabiting couples should get new legal rights to share property and money.
Sir Nicholas Wall, president of the Family Division, said women in particular were receiving unfair settlements when a partnership ended.
Describing the current situation as an “injustice” he insisted any legal changes would not undermine the institution of marriage and could still be judged on a case by case basis taking into account the length of the relationship and how much each partner contributed.
Although there are around 2.3 million couples living together in England and Wales, with one in four children born out of wedlock, common law spouses do not have specific legal rights.
It’s thought more than half of these couples wrongly believe they are protected by the law. Instead they must pursue other legal avenues to determine how assets are divided. (more…)
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Posted by Shena Baron Jan 11th, 2011, in Divorce and Family Law
The New Year is a very busy time, and although it is usually a time for family and celebration, it can also be very stressful for relationships under strain. Often it can spell the end to a troubled marriage.
There are a number of contributing factors:
- Couples spending long periods of time together during the holidays.
- The expectation to give gifts can mean unbearable pressure and debt, with credit cards being stretched to their limit.
- The feeling of being out of control.
- Conflict with relatives and frustrations about how to divide time between families.
- Even receiving an inappropriate gift, or one with no thought behind it, can cause stress. (more…)
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Posted by Shena Baron Oct 28th, 2010, in Divorce and Family Law
At a recent speech to the charity Families Need Fathers, Sir Nicholas Wall, President of the Family Division of the High Court warned that separated parents can cause enormous harm to their children by using them as “both the battlefield” and “the ammunition”.
He claimed that there is nothing worse for children to hear their parents arguing while disagreeing about contact arrangements, pointing out that parents often found it difficult to understand that their children love and have loyalty to both parents. He also addressed the issue of parents being unable to realise the damage they do to their children by the battles they wage over them. (more…)
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Posted by Shena Baron Jul 19th, 2010, in Divorce and Family Law
With the school summer holidays fast approaching, there is the potential for this to be a minefield for separated families, with children being caught in the crossfire between warring parents. Avoid summer fun turning to misery with the following advice:-
- Make your holiday plans early to avoid clashes.
- Communicate with your former partner to put your children’s needs first. Co-operate with each other and ensure clarity of arrangements, preferably in writing.
- Be open and honest as to your holiday destination – provide details of flights, accommodation, contact details etc. It provides security not only for the children but also for the other parent.
- Do not ask the children to choose. As adults you need to take the responsibility of making decisions.
- Do however allow the children to express their views as to how they want to spend their summer holidays. When you have made the decision, explain it so they know what’s going to happen.
- Do make sure the children have the opportunity to spend time with their friends over the holidays.
By adopting these simple tips, your holidays will hopefully be a happy occasion for both parents and their children.
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Posted by Shena Baron Jul 15th, 2009, in Divorce and Family Law
A ruling earlier this month by the Court of Appeal has held that Family Courts should take account of pre-nuptial agreements when dividing assets following the breakdown of a marriage.
One of Germany’s richest women, Katrin Radmacher has successfully challenged a decision by the High Court last year awarding her former husband £5.85m for his own use, despite a pre-nuptial contract being in existence. That award has, on appeal, been cut to about £1m by way of lump sum in lieu of maintenance, together with a fund of £2.5m for a house which will be returned to Ms Radmacher when the youngest of the couple’s two daughters, who is 6, is 22 years old. (more…)
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Posted by Shena Baron Mar 30th, 2009, in Divorce and Family Law
A Look at the Injustices of Cohabitation Law
Attempts to modernise Family Law on cohabitation are being backed by Resolution, an organisation of 5,000.00 lawyers who believe in a constructive, non-confrontational approach to Family Law matters. Resolution has joined forces with Lord Lester of Herne Hill QC who has introduced a Cohabitation Bill which will end the injustice and financial hardship to thousands of people who live together. (more…)
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Posted by Shena Baron Feb 9th, 2009, in Divorce and Family Law
The credit crunch is affecting the complexity and length of time it takes to conclude a divorce.
In my experience, there are an increasing number of cases that cannot be finalised because the major asset within the marriage (the parties’ home) cannot be sold.
It may be that settlement has been achieved several months previously, either by agreement or court order, but that order cannot be implemented and clients are unable to move forward. (more…)
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