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Time for a change in the law?

The eagerly awaited case of Owens v Owens has started today at the Supreme Court in London. This is likely to prompt renewed pressure on the government to change the ‘outdated’ family law.

In this particular case, the lower court had refused to grant Tini Owens a decree nisi (an interim divorce order) despite the court finding the marriage had broken down; and the Court of Appeal ruled it could not interfere with that decision.

The Supreme Court is the highest court in the land and Lady Hale, Supreme Court President, has described this divorce case as a ‘rare example of the court rejecting a behaviour petition on the ground that the husband’s behaviour was not objectively bad enough to make it unreasonable for the wife to live with him’.

Mrs Owens’ divorce petition was based on the fact that Mr Owens had behaved in such a way that she could not reasonably be expected to live with him. This law goes back to 1973,  which is more than 45 years old now. However, even in 2018, concept remains that couples need to satisfy a court that there is ‘blame’ unless they wait 2 years to divorce under a separation ground by consent (or 5 years without consent). A lot of commentators, including myself have called current law ‘outdated‘ and ‘unfair‘.

Whilst this case of Owens is not about a ‘no fault’ divorce itself, there are certainly policy issues about what the law ought to be and if the outcome is successful for Tini Owens, or indeed if there is a future change of law to a no fault basis, this is likely to mean there is less need for a party to cite rather unpleasant details of how the other behaved and which is presently overspills into the financial and any children issues that need to be resolved.

I would certainly welcome a change of the law to avoid ‘blame’ and how we can focus on moving forward with our lives but without making marriage itself too disposable. What do you think? I’d be interested to hear any comments.

For specialist advice on any family law related issue contact James Maguire by email: james.magure@family-law.co.uk  or telephone:

Wilmslow       01625 544650

Knutsford      01565 648228

London          0207 9474219

Manchester    0161 8048441

The post Is it time for ‘no fault’ divorce? appeared first on Maguire Family Law.

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What rights do grandparents have to see their grandchildren?

The government has been asked to consider proposals to change the current law surrounding grandparent’s legal rights in relation to seeing their grandchildren after a divorce or separation. They wish to create a legal presumption that grandparents should be able to see their grandchildren after the parents separate.

As it stands it is actually the children who have a right to a relationship with their parents and wider family members such as grandparents, as long as it is safe to do so and is in their best interests.

Under current children law, grandparents do not have an automatic right to see their grandchildren. If grandparents don’t have a good enough relationship with their children or the other parent in order to secure contact with their grandchildren after they separate or divorce, then they have to consider instructing a solicitor and potentially the Court to assist.

If arrangements cannot be made amicably then grandparents would have to make an application to Court for a child arrangements order to spend time with their grandchildren. This is a 2 step application seeking the Court’s permission to even make the application before it is then considered overall. This is different to a parent making an application to see their child as they don’t need the Court’s permission.

For the Court to grant a grandparent (or other wider family member like an aunt or uncle) the right to make an application to see their grandchild, they will consider the following factors:-

  1. Their connection with the child
  2. The nature of the application for contact
  3. Whether there is a risk that the application could disrupt the child’s life to the extent it causes them harm

If the Court grants the permission to make the application then the Court will apply the usual principles and factors when deciding whether it is in the child’s best interests to spend time with their grandchildren. This includes the overriding principle that the child’s welfare is paramount. The welfare checklist that is applied to an application for a child arrangements order can be found here.

For more advice and information in relation to grandparent’s rights, children law and child arrangements orders, please contact one of our Associate Solicitors, Kirsten Tomlinson 01625 544 650 or email Kirsten.Tomlinson@family-law.co.uk.

Maguire Family Law is a highly recommended niche practise specialising in family law matters. We have a large team and can offer advice either by telephone or face to face at any of our locations as follows:-

Wilmslow            01625 544650

Knutsford           01565 648228

London                0207 9474219

Manchester         0161 8048441

The post Grandparent’s rights to see grandchildren appeared first on Maguire Family Law.

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Do I need a family solicitor? The saying goes that a man who acts for himself has a fool for a client. 

Family lawyers often receive bad press and are accused of encouraging exes to fight it out in a court arena in order to drive up fees so the law firms make more money.

This is simply not true in our case and a lot of the allegations are down to sensationalist journalism and disgruntled divorcees. At Maguire Family Law we pride ourselves on encouraging separating couples to separate/divorce amicably and this is proved by the fact the two founding directors were once married and now amicably divorced. They also have 2 children but can prove that not all divorces or separations have to be both financially and emotionally catastrophic.

If you are recently separated then we would recommend speaking to a family and matrimonial specialist before embarking on the process yourself and potentially making an irreversible error. This is far more useful than picking up bits of advice from google or family/friends. No two divorces are the same in relation to splitting the financial assets as every case and set of circumstances are different. The same can also be said for sorting out the child care arrangements.

A straightforward amicable case just doesn’t quite make for media attention. High net worth cases have grabbed the headlines along with their often hefty legal bills. This has resulted in scaring the people away from using specialist legal services.  A common misconception is that legal fees will end in bankruptcy. This just isn’t the case. Seeking specialist legal advice from the outset could potentially save you thousands later on.

As a result of this scaremongering, we have come across a lot of client’s who take a bit of advice here and there and go it alone. This has had disastrous consequences. We cannot undo irreversible damage if you have made a fundamental error along the way, which could ultimately mean you have caused yourself further financial damage/hardship than if a solicitor had just been instructed from day one.

The following examples can have dire results without seeking specialist family law advice, which can be difficult if not impossible to undo. In trying to do so can be very expensive:-

  •  A wrong box is ticked/completed on the divorce petition;
  • Accepting an offer in open correspondence that you later want to renege on;
  • Signing a badly drafted financial consent order or child arrangements order;
  • Not having a financial consent order in place at all;
  • Signing a pre-nuptial, post-nuptial or separation agreement with no understanding of what it means and no financial disclosure has taken place;
  • Saying something that implicates yourself in court proceedings and impacts detrimentally to your case;
  • Delay in dealing with finances and then assets have increased in value over time from your own efforts, or you have come in to money – all of which is capable of being claimed by your ex

For further advice in relation to divorce and finances, including maintenance award, please contact one of our Associate Solicitors, Kirsten Tomlinson on 01625 544 650 or email: kirsten.tomlinson@family-law.co.uk

Maguire Family Law is a highly recommended niche practise specialising in family law matters. We have a large team and can offer advice at any of our locations as follows:-

Wilmslow           01625 544650
Knutsford          01565 648228
London               0207 9474219
Manchester       0161 8048441

The post Do I need a family solicitor? appeared first on Maguire Family Law.

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James Maguire & Co by Eimear Maguire - 1M ago

Single Mum Still Standing – the public outburst of a single mum against her children’s father and the frustrations on child maintenance

The internet has recently gone crazy because of a Facebook post an anonymous single mother has launched expressing her frustrations and anger towards the father of her children because the child maintenance he is paying is not a true reflection of his earnings. A link to the post can be found on the Daily Mail website here. Warning, she doesn’t hold back!

The single mother is frustrated because of the law behind how much a non-resident parent should pay to the parent with whom the children predominantly live with. Currently if an agreement cannot be reached amicably between separated parents over how much the paying, non-resident parent should pay then the parents are directed to the Child Maintenance Service or Child Maintenance Options for impartial free advice. They have an online calculator that works out how much maintenance should be paid on a weekly basis by applying a percentage to the paying parent’s gross earnings.

Other factors come in to play such as the number of children in the family including any other children that are living with the paying parent that they are financially responsible for (they may not necessarily be their own biological children) and the number of overnight stays the child(ren) spend with the paying parent throughout the year. It is the latter factor that can also cause upset and arguments in relation to the childcare arrangements. We have seen some parents take advantage so the paying parent may demand more overnight stays (which they cannot accommodate in reality) to reduce the maintenance they have to pay and for the receiving parent, they may reduce the number of overnight stays (unnecessarily) so they receive more maintenance.

How child maintenance has been calculated has been heavily criticised by a lot of parents. However they don’t have any recourse to ask a Court to decide if they cannot agree. We have experienced a lot of frustrated parents with the system. One issue we see is when allegations are made about self-employed parents who do not declare their true earnings yet their lifestyle does not support the notion they have limited income. There are potential ways to rectify this.

A parent can try and receive a top up in maintenance for the benefit of their child(ren) is by issuing an application under Schedule 1 of the Children Act 1989. However these type of cases tend to suit a particular set of circumstances and can usually be seen in very wealthy cases where the paying parent earns more than the CMS cap (which is £156,000 gross per annum) and the children have been used to living a certain lifestyle.

If the children are privately- educated or it was the intention of the parents to privately educate their child(ren) then a separate application can be made for a School Fees Order.

For further advice in relation to child maintenance, school fees orders and Schedule 1 Applications, please contact one of our Associate Solicitors, Kirsten Tomlinson on 01625 544 650 or email Kirsten.Tomlinson@family-law.co.uk.

Maguire Family Law is a highly recommended niche practise specialising in family law matters. We have a large team and can offer advice at any of our locations as follows:-

Wilmslow      01625 544650

Knutsford     01565 648228

London         0207 9474219

Manchester  0161 8048441

The post Single Mum Standing appeared first on Maguire Family Law.

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James Maguire & Co by Eimear Maguire - 1M ago

Warning: a number of divorces are ‘defective’

Did you know that you have to married for one year and one day before you can ask for a divorce?

Many people do not know this and it would seem that the family law courts have forgotten too!

The most senior, family law judge, Sir James Munby has had this brought to his attention: that many decree nisis have been made final and absolute even though they breach the time limits imposed by the Matrimonial Causes Act 1973.

Section 3 forbids divorce petitions being presented to the court within 12 months after a couple have wed.

So what happens now?

Many people have actually remarried and as a result may have inadvertently committed bigamy after being wrongfully granted a divorce.

This revelation has meant that some cases have been referred to the Queen’s Proctor – who represents the Crown in this type of situation and Sir James has issued some interim guidance which can be seen here.

And what does this mean?

  • If the court discovers that a decree has not been granted and the time limit has been breached, it is likely the divorce will be dismissed (and a further divorce petition can be issued in due course);
  • If a decree has been granted a judge will have to look at the file and the Queen’s Proctor may intervene to decide what is to happen.

Sir James said: ‘HMCTS and judges will wish to be alert to the potentially devastating impact on litigants of being informed that there is a “problem” with their decree, especially if (and this is unlikely to be known to the court when the first communication is made) a litigant who believes that they have been validly divorced has remarried or is due very shortly to remarry. Communications should accordingly be expressed in appropriately sympathetic and apologetic language.’

How has this happened?

It is unclear but it could be as a result of the court’s computer software not picking this 1 year rule up at the start of a divorce case and these errors have effectively slipped through the net. Added to this is the fact that more people are trying to complete a divorce themselves and who may obviously not realise this or understand the law.

This is, however, cold comfort and divorce petitions that breach the time limit rule mean that any consequent decree nisi or decree absolute granted is null and void; and if that is not bad enough, if a party has subsequently remarried, that marriage is invalid.

If you are in doubt about your own personal situation, please do not hesitate to contact our specialist family law solicitors by email: james.maguire@family-law.co.uk

Or telephone at the following locations:

Wilmslow       01625 544650

Knutsford      01565 648228

London          0207 9474219

Manchester    0161 8048441

The post Defective Divorces appeared first on Maguire Family Law.

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Gifted – custody battle over what is in the best interests of a gifted child

The Plot

I recently watched a film about an American custody battle between an uncle and maternal grandmother over a mathematically talented 7 year old child. The film is called “Gifted” and its tagline is “How do you create an ordinary life for an extraordinary girl”?  The film was very thought provoking and emotional in parts as two relatives, who were not the child’s parents, were fighting in Court over who the little girl should live with and what was in her best interests.

The child is a very spirited and a mathematical genius whose mother was also a mathematician but very sadly took her own life when her daughter was 6 months old. The little girl from that point was cared for by her uncle who was adamant he was following his sister’s wishes that his niece should try to live a normal life by having hobbies and friends. Most importantly she should get to have a childhood. However the child’s grandmother who also appears to have been a mathematician, launches a custody battle for her granddaughter to live with her so that she could encourage the child’s exceptional mathematical talents and bring her out of mainstream schooling.

America v England – children law

As a family law solicitor practising in the jurisdiction of England and Wales, we no longer use the American phrases “custody” or “access”. We also no longer use “residence” or “contact” when dealing with the arrangements of who a child should live with and how often they see the other parent or family member. They are instead called “child care arrangements” by the Court and this includes where the child lives and how much time is spent with the other parent or family member. When making their decision in relation to what’s in the best interests of the child, the Court here will take in to account the following:-

  1. Wishes and feelings of the child (taking in to account their age and level of understanding/maturity) – in this film the child is 7 years old so may not have had a lot of weight attached to her wishes. Her level of understanding and maturity is far beyond that of an average 7 year old which could mean her feelings are taken in to account if this is being dealt with in England or Wales.
  2. The child’s physical, emotional and educational needs – both emotional and educational needs are relevant considering the child grew up without parents and the fact she is gifted.
  3. The likely effect on the child of any change in circumstances – this is very important factor to take into account as she has only ever known growing up with her uncle in a certain environment and there is a proposed upheaval to this being offered by the grandmother.
  4. The child’s age, sex, religious background and any characteristics of the child which should be relevant – the fact the child is a genius would be a relevant characteristic.
  5. Any harm the child has suffered or is at risk of suffering (this includes physical and psychological harm) – neither the uncle nor grandmother appear to put the child at risk of physical harm. The child however may have experienced emotional harm.
  6. How capable the person is at meeting the child’s needs – both are able to meet the child’s basic needs but then the grandmother did challenge the uncle’s living environment and being able to meet the child’s educational needs.

The Court will also always have a child’s welfare as their “paramount consideration” when making a decision so in the case of this film, both the uncle and grandmother had compelling arguments. At one point in the film, where emotion did get the better of me, I was strongly against what happened to the child and did not believe the outcome was in her best interests and I am sure anyone who has seen the film will know exactly which part I am talking about. I won’t ruin the storyline however by disclosing a crucial part in the film.

Who can apply to the Court to say who a child should live with?

This leads me on to who can make an application to Court to decide where a child should live? Most day to day cases involve the biological parents of a child however in this film, the mother unfortunately had passed away and the father was not on the scene. So the uncle had become the legal guardian and the grandmother was making the custody application.

In this jurisdiction a number of people can apply for a child arrangements order for a child to live with them such as a parent, step parent, guardian or someone with whom the child has lived with for at least 3 years out of the last 5 years. So an uncle for example could be nominated as a guardian by the mother in their Will. But what about grandparents? Grandparents can apply however they have to jump over another hurdle first by getting the Court’s permission to be able to apply for a child arrangements order. If the Court grants permission then they will deal with the application for a child arrangements order.

For further advice in relation to children matters including child arrangements orders, please contact one of our Associate Solicitors, Kirsten Tomlinson on 01625 544 650 or email Kirsten.Tomlinson@family-law.co.uk.

Maguire Family Law is a highly recommended niche practise specialising in family law matters. We have a large team and can offer advice at any of our locations as follows:-

Wilmslow       01625 544650

Knutsford      01565 648228

London          0207 9474219

Manchester    0161 8048441

The post Custody and the gifted child appeared first on Maguire Family Law.

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James Maguire & Co by Eimear Maguire - 1M ago

An American term nowadays however ‘Custody’ refers to a recent film about child law and family breakdown

Background to the film

An Oscar–nominated and award winning film,  “Just Before Losing Everything”, has been re-released this year as a full length feature film under the title “Custody”. This film has sparked interest in the media and has led to interesting debates about domestic violence and the psychological impact this can have on the victim and their family.

Directed by Xavier Legrand, the film is about a wife who is trying to leave her abusive husband but finds it more difficult than originally anticipated. It uncovers the anxiety and fear her family go through and specifically shows the detrimental impact it has on their 11 year old son. Legrand points out when interviewed that he wanted to focus on domestic violence within the whole family at home because home is “supposed to be a secure and safe place” for both adults and children, which in this case, was not.

The film focuses on a situation that escalates to breaking point concerning the parent’s divorce and a custody battle as the father applies for joint custody of his son despite him not wanting to see his father. The son is almost held in a hostage-type situation between his parents and he feels compelled to do anything to prevent the worst from happening. A typical situation we see as family solicitors looking on the outside when we advise client’s that a child will often say or do what they think each parent wants from them when in their company.

We see the father in Court as entirely different to the father and husband at home. When the parents were married, the husband often created an atmosphere of permanent fear in the family home, which included occasionally hitting his wife in front of the children. Seamlessly he got away with it because the wife never reported him to the police or other professionals, which is what ultimately goes against her at court when the Judge ultimately agrees with the father and grants him joint custody.
This is after hearing the Wife’s allegations of being a victim of domestic violence at the hands of her husband. However there was no clear evidence to support her allegations.

Domestic violence and misunderstandings

Legrand also wanted to show how the term “domestic violence” can be misunderstood and that mental/psychological abuse caused by verbal actions can denote domestic violence. A lot of the time domestic violence and/or abuse is hidden. It can be hard to see the damage mental and emotional abuse can cause to an individual as opposed to visual scars, bruises and wounds for example. However even bruises fade and wounds heal and can hide a history of physical abuse. Nevertheless this film demonstrates that a person’s manner, whether it is physical or verbal can cause emotional and psychological distress to another and is particularly damaging to children who witness the abuse or are caught in the cross fire.

The film then shows the consequences of the joint custody order and how the father starts to bear down on his 11 year old son and the film shows subtle hints of the damage that is caused to the boy.

One review says that the whole situation could have been avoided if the wife had just called the police from the beginning. That is the whole point the director was probably trying to make. That victims of domestic abuse and violence probably don’t feel that they can ask for help because of the fear that they won’t be believed because they have no hard evidence such as current physical injuries or scars if the physical abuse happened historically and/or the abuse has been mental. This is supported by the fact the Judge at the custody hearing turns to both parents and says “who is the biggest liar?” And that is what they have to determine when deciding the fate of the child’s living and contact arrangements.

Reflections and how we can help

Anyone could say they would leave their husband or wife if they were hit/punched by them, however if you are in a family situation where there are children involved or you feel financially reliant on your husband/wife, leaving may feel like an impossibility. You carry on as if none of this abuse is happening. It is vital therefore in order to avoid a situation such as what is depicted in this film, to seek help whether that is from the police, a family law solicitor, a health visitor or GP. There is a lot of help out there, including from local charities, but from a legal perspective, we can help with getting injunctions to help stop the violence and threats as well as excluding the perpetrator from living in the family home. More information about how we can help can be found on our website and by clicking here. We also have a resource centre with access to other websites that can assist.

For those who don’t feel comfortable going to the police, even if a personal diary is kept, logging particular events of physical and/or emotional and psychological abuse, will assist and taking photos of any injuries that are inflicted at the time. Even disclosures to GP’s can help towards evidence as a record will be kept of any disclosures made.

However the biggest point the film makes is the impact all of this has on the children, which some parents may not appreciate. The consequences can be devastating to children as such behaviour detrimentally impacts on their physical and emotional welfare as well as their own future relationships.

For more information and advice in relation to domestic violence/abuse and arrangements in relation to children including applications to Court, please contact our Associate Solicitor, Kirsten Tomlinson on 01625 544 650 or email Kirsten.Tomlinson@family-law.co.uk.

Maguire Family Law is a highly recommended niche practise specialising in family law matters. We have a large team and can offer advice either by telephone or face to face at any of our locations as follows:-

Wilmslow      01625 544650

Knutsford     01565 648228

London         0207 9474219

Manchester  0161 8048441

The post Custody appeared first on Maguire Family Law.

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James Maguire & Co by Eimear Maguire - 1M ago

Any day now the Duke and Duchess of Cambridge aka “Wills and Kate” will be expecting the arrival of their third child who is predicted to arrive sometime in April.

At time same time, Prince Harry and Meghan Markle are planning their wedding, which is due to take place on 19th May 2018. Whilst they don’t have any children yet, would there be a difference between William’s and Harry’s rights towards their child(ren) if hypothetically Harry and Meghan decided to have a baby and the baby was born before they got married?

Parental Responsibility

When parents ask a family lawyer what “rights” they have in relation to their children, we advise about parental responsibility (PR). We steer clear of trying to create the impression that parents have only “rights” over their children as actually the term means that they have rights, duties, responsibilities and obligations towards their children. It means that when both parents share PR, they both have a say in the important decisions in their child’s life such as education, medical decisions and religion.

The “rights” extend to having the right to make an application to Court to resolve an issue in relation to their children if an agreement cannot be reached with the other parent over who the child should live with and how much time they should spend with the other parent if the parents later separate for example. There are other orders that parents have the right to apply for and they can be found on our website by clicking the link here.

Do I automatically have parental responsibility when my child is born?

The mother automatically has parental responsibility after the child is born so in the Royals scenario, both Kate and Meghan would have PR. A father does not automatically have PR but they can acquire it in one of the following ways:-

  • If the father is married to the mother at the time of the birth (or later on) – so in the Royal’s case William would automatically have PR as he is already married to Kate but if Meghan and Harry had children before they got married then Harry wouldn’t have PR straight away.
  • If the father is named on the child’s birth certificate and the birth is registered after 1st December 2003 – so in the above scenario, Harry could have PR if he is named on the birth certificate before he marries Meghan or he could just wait to marry her and would acquire PR.
  • If the mother and father sign a parental responsibility agreement – usually used in cases where the parents don’t ever marry and the father has not been named on the birth certificate.
  • If the father has a parental responsibly order from the court – usually obtained in cases where the above 3 points don’t apply.

For further advice in relation to parental responsibility and children matters after separation or divorce, please contact one of our Associate Solicitors, Kirsten Tomlinson on 01625 544 650 or email Kirsten.Tomlinson@family-law.co.uk.

Maguire Family Law is a highly recommended niche practise specialising in family law matters. We have a large team and can offer advice at any of our locations as follows:-

Wilmslow      01625 544650

Knutsford     01565 648228

London         0207 9474219

Manchester  0161 8048441

The post A right royal birth appeared first on Maguire Family Law.

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James Maguire & Co by Eimear Maguire - 1M ago

An end to sharing post-divorce earnings?

A divorce and finance case has recently been reported in the media whereby multimillionaire, William Waggott (Chief Financial Officer at TUI Travel Ltd) has managed to successfully appeal an earlier decision made by the Court that awarded his ex-wife, Kim Waggott a £10million lump sum and annual lifetime maintenance of £175,000.

The lawyers for Mrs Waggott were trying to argue that the maintenance award was not “generous enough” and that it should be increased by another £23,000 per year. They also argued that she should get a 35% share of Mr Waggott’s bonuses for 5 years. Lawyers for Mr Waggott strongly argued that making a lifetime maintenance award did not give Mrs Waggott an incentive to work again (she was previously was a finance controller at UCI cinemas) and earn her own income.

The husband in this case was successful on appeal and the Judge ordered the maintenance payments to stop in 3 years’ time meaning the husband was also granted a clean break on income so that the wife could not make any more financial claims against his income after the 3 years had expired. The Judge justified this decision by saying that Mrs Waggott would not suffer “undue hardship” if maintenance were to stop in 3 years as she could either invest part of her £10million lump sum, which would create a decent amount of interest/income for her in the future and she could also go back to work should she want to top her income up.

The Judge also made the point that the Court’s priority to try and achieve a clean break (no financial ties and all financial claims are dismissed in the future) in every divorce financial settlement would be undermined if the “sharing principle” were to be extended to post-separation earnings. In short the Judge was saying that after the parties separated the husband’s earnings should not be treated the same as a matrimonial asset and so the husband should not be obliged to share it with his ex-wife.

This landmark decision could mean that for the wealthy breadwinners in a marriage, they may not necessarily have to share their post-divorce earnings with their ex-spouse. It has previously not been uncommon for a share of the paying-spouse’s income, including bonuses, to be paid to the receiving spouse.

For further advice in relation to divorce and finances, including maintenance award, please contact our Associate Solicitor, Kirsten Tomlinson on 01625 544 650 or email Kirsten.Tomlinson@family-law.co.uk.

Maguire Family Law is a highly recommended niche practise specialising in family law matters. We have a large team and can offer advice at any of our locations as follows:-

Wilmslow       01625 544650

Knutsford      01565 648228

London          0207 9474219

Manchester   0161 8048441

The post Post-divorce earnings appeared first on Maguire Family Law.

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It has recently been reported in the media that Harry has refused to enter in to a pre-nuptial agreement (pre-nup) with his fiancée, Meghan Markle before their May wedding.

It’s not usually the tradition for the Royals to sign up to prenuptial agreements despite the fact financially they potentially have a lot at stake. You usually read about high profile celebrity engagements where prenuptial agreements are more the norm, especially in America where they are 100% legally binding. In England and Wales, they are not 100% legally binding but if a certain procedure is followed when the agreement is entered in to, it can later be relied upon by a Judge if the marriage breaks down and you are dealing with the division of the finances.

A prenuptial agreement can be akin to an insurance policy. It protects you in the unfortunate event your marriage breaks down as it will already set out how the finances will be dealt with at that point in time. Therefore in theory it should prevent a potentially acrimonious and long-drawn out divorce if both parties already know how the finances are going to be divided.

It is vital that legal advice is sought from an experienced family law specialist in relation to pre-nuptial agreements. They can be used in a number of scenarios such as wanting to protect an inherited family business, wanting to protect assets received from a previous divorce or generally just to protect high net worth assets that you are bringing in to a marriage.

Maguire Family Law have a highly recommended team of lawyers that are experienced in dealing with pre-nuptial agreements so for further advice please contact the team by email: kirsten.tomlinson@family-law.co.uk or by using any one of the following numbers:-

Wilmslow                  01625 544650

Knutsford                  01565 648228

London                      0207 9474219

Manchester               0161 8048441

The post No pre-nup for Harry and Meghan appeared first on Maguire Family Law.

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