Family law, relationships, separation & divorce: thoughts & comment
The case of MN v AN [2023] EWHC 613 (Fam) is the latest reminder of the court’s position that valid prenuptial agreements will be upheld if challenged on divorce. Case background In 2005, the parties entered into a prenuptial agreement. Prior to the marriage, the husband owned assets totalling £32.5 million in contrast to the wife’s assets... Continue Reading →
The Family team at Michelmores has led what is understood to be the first case in the country where an application has been made to speed up the divorce process, since the introduction of no-fault divorce in England and Wales. The launch of the new no-fault divorce system in April 2022 saw the introduction of... Continue Reading →
The Spring Budget announced on 15 March 2023 has provided confirmation of changes which will be made to simplify the tax rules for married couples on separation, as of 6 April 2023. What has happened historically? Married couples and civil partners may make transfers of assets between themselves without having to pay Capital Gains Tax... Continue Reading →
Why has the law been reformed? Under the previous law those wanting to separate in the UK had to rely on one or more facts to prove that their relationship had irretrievably broken down: unreasonable behaviour, adultery (not available for civil partnership dissolution), desertion for at least 2 years, separation for at least 2 years... Continue Reading →
Moving abroad is a huge decision which can often challenge even the most stable of relationships. If things don’t work out, facing a separation whilst away from everything that is familiar to you can be extremely daunting. The emotional and psychological impact of separation can be very difficult to deal with without this support network.... Continue Reading →
Making pensions on divorce less of a scary subject
The courts have been under increasing pressure for years, and this has come to a head as a result of the impact of the Covid-19 pandemic. In finance cases on divorce where the parties can’t agree how to split their assets, resulting in one party making an application to court, delays continue to increase. The... Continue Reading →
When a couple with dependent children divorce or separate they will be very aware of the impact this will have on their children, and this will normally be a major consideration in the decision about whether and when to separate. However, often less thought is given to the impact that a separation can have upon... Continue Reading →
Once your finances are sorted, your order is in place and Decree Absolute has been made, it can be difficult to know what to do next. After a few months of intense discussions and legal processes, coming to the end of a separation can feel like a huge anti-climax. Points to consider before applying for... Continue Reading →
Getting around to doing some “life admin” easily falls to the bottom of any to do list when competing with the demands work and family life, but taking some time out to make sure that you are protecting yourself, whatever your relationship status, can reap benefits should things not pan out as expected. Wills Making... Continue Reading →
Picking up the pieces 