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 →
Over recent years, we have seen an increase in the number of couples living together but choosing not to get married. Most people are unaware of the potential legal implications of the actions they take (or don’t take) in relation to their property and finances during their relationship. Potential impact on the family farm In... Continue Reading →
It is more difficult than ever for young people to get a foot on the housing ladder. With rising property prices, growing inflation and the cost-of-living crisis increasing outgoings, young people are relying on their parents more than ever for financial assistance. To get a foot on the property ladder, many young adults are buying... Continue Reading →
One of the most exciting decisions in a new relationship is when to pool resources and buy a home together. Whatever your age, this is a huge decision and not only a mutual sign of commitment to the relationship but also the undertaking of a serious financial obligation, which should be given thought and planning.... 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 →
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 →
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 →
Picking up the pieces 