Family law, relationships, separation & divorce: thoughts & comment
How prenuptial agreements are viewed varies across the globe. In many countries, they are a common step taken ahead of marriage, in others they are almost unheard of. Some EU countries enable a couple to elect a specific “matrimonial property” regime, which governs how their assets will be divided on divorce. For international couples who... Continue Reading →
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 →
When parents separate, new arrangements have to be made about the care and welfare of the children. Ideally, parents should reach an agreement and discuss matters with the children in a neutral, reassuring and age-appropriate way. The majority of parents are able to agree between themselves what should happen, but some do not. It can... Continue Reading →
As fans of the long-running rural soap “The Archers” will know, Helen Archer’s partner, Lee, has two pre-teen girls. His ex-wife (mother of his daughters), has been offered a job in the USA and has moved permanently with them. Despite this initially upsetting Lee, he decided to agree to the move and hopes the girls... 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 →
Pressures on court time and the increasing use of remote courts over the COVID-19 pandemic have led to the increasing popularity and success of Private FDRs within (and instead of) financial remedy proceedings within the last 5 years. A Private FDR is a ‘without prejudice’ hearing which can be used for financial remedy cases on... 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 →
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 →
Picking up the pieces 