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This article was published on December 7th, 2016
Going through a divorce can be one of the most traumatic experiences you ever have to go experience. It can be heart breaking for those involved whether it just the two of you or involves a family. Couples will often only consider divorce as a last result and so it is important to be aware of all the facts should you decide that separation is the only option left.
Starting divorce proceedings is often the easy bit; it’s reaching a financial settlement that both parties are happy with that can be the hard part. As cost of divorce can go well into the thousands it is important to choose a solicitor who knows exactly what they are doing and knows all about assets, pensions and hiding assets. The next few posts will look at common misunderstandings around divorce and help to dispell some of the myths surrounding it:
I have heard that pre-nup’s are not enforceable, is this true?
There is a myth that pre-nups aren’t enforceable and whilst that might have been the case pre 2010, this is not the case now. For those that don’t know a pre-nuptial agreement is an agreement between two people made prior to getting married to be actioned in case of divorce. The content may vary widely but they usually contain agreed terms on how to divide assets should the marriage breakdown.
Prior to 2010, pre-nups weren’t always enforced in England and Wales but, since some landmark cases went through the Supreme Courts, they are now upheld unless the courts deem them to be unfair or that one party was forced into signing rather than entering into the settlement of their own free will.
According to the UK Law Commission, the agreements must be upheld as long as consideration is made by the Courts for each party’s circumstances including any children they have. Spousal and child maintenance payments cannot be avoided.
It is important to note that many pre-nuptial agreements are set up to provide for a child or children’s in the event of a divorce and not just about protecting personal assets.
Our next post will look at fault in divorce and how this effects division of assets and the rights, if any, of common law spouses.
For an informal chat and to take the first steps into finding out about what divorce involves, please contact our family law team on FREEPHONE 0800 1979 345.
Thorneycroft specialist divorce solicitors offer expert help and advice on the legal and financial implications of a relationship breakdown. Each member of the team has the required skills to negotiate a financial settlement ensuring a positive outcome for you.
IF you live in Macclesfield, Buxton, Holmes Chapel or surrounding areas and require divorce law advice or to discuss your separation in more detail please call one of our specialist solicitors or complete our simple online enquiry form.