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Pre-nuptial and post-nuptial agreement

We enter marriages in the hope that the last a lifetime, however we always need to be prepared for the future as early as possible as anything may happen that we may have not have expected.

A pre- and post- nuptial agreement are vital legal agreements that will aide you in the event of a divorce. It organises and regulates your legal position from the outset in the event of a divorce.

Although at present a pre-nuptial agreement is not binding it is more likely to be recognised by the court if it were made early on with the advice of legal representatives. The courts may take it into account when assessing the distribution of assets.

Divorce

Divorce can be very difficult for all parties involved, therefore at Briton solicitors we insure all your divorce matters are dealt with swiftly with sensitivity. We understand that divorce cases are very personal and we are here to support you.

A divorce will terminate a marriage; this is completely separate to a religious divorce.

  • Judicial separation
    • This does not terminate the marriage and is useful for those who want to separate without a divorce, whether it is for reconciliation or other reasons.
  • Separation Agreements
  • Grounds to divorce
    • There are 5 grounds for divorce:
      1. Adultery – Which needs proof by admission from the other party
      2. Behaviour
      3. Desertion for a period of two years
      4. Two year separation with the agreement of both parties to the divorce
      5. 5 Year separation – with or without agreement to a divorce
    • The process
      • Petition issued (Acknowledgment of Service (AoS)) -> AoS Received by court -> Applying for Decree Nisi -> Decree Nisi hearing date -> Applying for decree absolute (DA)
      • If a petition is issued and there is no response >
      • If after applying for a Decree Nisi and the application has been refused then the Judge has not been satisfied with the application and further instructions will be sent.
    • Court costs
      • For filing your petition – £550

Children

The main concerns for parents following a breakdown of relationships are their children. At Briton solicitors we aim to reach an agreement swiftly with the other party to avoid disruption for the children.

 

  • Child Contact
    • If there were to be a dispute with the other parent regarding child contact, our solicitors can help you resolve these disputes using the different resolution methods or as a last resort, court.
  • Child Custody
  • Parental Responsibility
    • It has become more common for both parents to share the care for their children. It has become a legal perception that the child should have a relationship with both his parents unless exceptional circumstances arise.
    • The rules differ if the child was born to unmarried parents prior to 1st December 2003 where the mother would be given full responsibility automatically.
    • You need parental responsibility to in order to make key decision in your child’s life such as where the child would live, their education, medical treatment, the religion the practice and travel or living abroad.
  • Child Support or maintenance
  • Child abduction within or outside the UK
  • Specific issues order proceedings
    • These can involve:
      • Where your child lives
      • When they have parental contact
      • What other contact can take place
    • Grandparents
      • Although grandparents do not have an automatic right to see the grandchildren it recognises the child’s right to a family life which also encompasses grandparents who have supported and nurtured them.

Domestic Abuse

The law provides protection for victims of domestic abuse. Domestic abuse is not only physical abuse; it can also be mental and verbal abuse. Control can be considered a form of abuse when it interferes with the victim’s life.

  • There are 2 types of orders that can be put into place to protect the victim:
  1. Non-molestation Orders
    1. Preventing threatening violence which included intimidation, pestering or harassment.
  2. Occupation Orders
    1. Controls who lives in the family home and can restricts access.

Court Orders

  • Making Court orders
  • Enforcing Court orders

Dispute Resolution

Family courts always encourage alternative dispute resolution before allowing a case to progress to courts. Settlement is always preferable to litigation

 

Our clients have the flexibility to choose which alternative dispute resolution.

  • Directly with other party without counsel
  • Through legal representation
  • Collaborative process
  • Family Arbitration
  • Family Mediation