Category

Divorce and Separation

Jun 28
0
Prenuptial,Agreement,And,Wedding,Ring,On,Table.,Premarital,Paperwork,Process

The Pros and Cons of a Prenuptial Agreement 

By | Divorce and Separation

A prenuptial agreement, commonly referred to as a ‘prenup’, may be a term that we have heard of, but are not necessarily familiar with. There is a lot of potential awkwardness surrounding prenups, particularly as they have garnered a notorious association with divorce, though this is often misconceived. 

However, a prenuptial agreement should not be overlooked—especially as it can be used as a tool for open communication and financial clarity in any soon-to-be marital relationship. If you or your partner are undecided about whether a prenup is necessary, we have compiled a list of the pros and cons of a prenuptial agreement to help you make an informed decision. 

Keep reading to learn more about the benefits (and drawbacks) of a prenup.   

What is a Prenup?

To put it simply, a prenuptial agreement is a contract between the engaged couple that outlines their individual and joint assets and debts, including their rights, responsibilities, and how these assets will be divided should the couple decide to divorce. This is signed before they are legally married.

The Pros of a Prenuptial Agreement

If you’re wondering whether a prenuptial agreement is worth the hassle, here are several advantages to prenups that you may want to consider…

Financial Security

There are a lot of misconceptions about prenups, namely that they are only required for couples with a significant amount of assets and wealth—this is not true. Any couple can opt for a prenuptial agreement, and in modern society, a prenuptial agreement is a must for couples who wish to be financially secure. Prenups can protect both premarital assets and future inheritances—keeping these separate from marital assets. 

Reduced Stress

Should a relationship, unfortunately, end in divorce, a prenuptial agreement can help reduce the stress associated with potential legal disputes regarding assets. Divorce is a stress-inducing situation in itself, but having a prenup already laid out means that you can avoid possible future legal battles. 

Clarity & Transparency

A prenuptial agreement provides couples with the opportunity to better understand each other’s financial situation and expectations, fostering open communication and transparency. With a prenup, couples can clarify various financial aspects of their marriage, including designating assets as separate or joint. Clear communication is key for any marriage—and divorce. 

Business Ownership Considerations

If you or your partner owns a business, a prenuptial agreement can safeguard business interests and assets in the event of a divorce, preventing them from being divided. 

The Cons of a Prenuptial Agreement

On the other hand, there are also several drawbacks to a prenuptial agreement that you should think about…

Emotional Perception 

As previously mentioned, a prenup often has a bad reputation, namely as being a sign of distrust in the relationship. One report has shown that 50% of married couples without a prenup say that they do not have one because they trust their partner. Many believe that a prenup is a preparation for the end of the relationship. 

Cost

A well-drafted prenuptial agreement will incur legal fees, which can be costly. You can expect to spend close to an average of £1,000 to £2,000 just to enforce the prenup—which not many couples are prepared for. 

Complexity

Prenups involve a range of complex legal considerations. A prenuptial agreement will need to be enforceable, but also compliant with UK laws and legislation. With all of its intricacies, you must consult a solicitor for guidance when it comes to drafting a well-drafted prenuptial agreement. 

Seeking Professional Legal Advice for a Prenuptial Agreement

Whether you or your partner is likely to acquire more in a divorce, or you simply wish to clarify marital assets, obtaining a prenuptial agreement can be beneficial in a number of different ways. For modern couples, the benefits of a prenup far outweigh the drawbacks. 

When looking to obtain a prenup, it’s important that you seek professional legal advice from a solicitor, such as ourselves at Bromfield Legal, to identify whether a prenuptial agreement is right for you and your partner. 

Our specialists can provide expert legal advice and assist with drafting prenuptial agreements, making sure that they are tailored to your specific needs. Contact us today to speak to one of our experts—we are always more than happy to assist with any enquiries that you may have. 

Jun 10
0
family solicitor guiding couple in an office space

Recognising When to Seek Advice from a Family Solicitor

By | Children, Divorce and Separation, Property Law

In the intricate tapestry of family life, certain situations arise where the guidance and expertise of a family solicitor are not just helpful but essential. At Bromfield Legal, with offices conveniently located in Nuneaton and Warwick, we specialise in providing comprehensive legal support that safeguards your interests and ensures peace of mind during challenging times. Here, we explore common scenarios where engaging with a family solicitor can make a significant difference.

 

Divorce and Separation

Divorce and separation can be emotionally taxing experiences, marked by a complex web of decisions about the future. Whether you’re considering initiating a divorce, responding to a divorce petition, or seeking a legal separation, a solicitor can guide you through the maze of legal requirements. The process often involves negotiating terms regarding alimony, child support, and the division of assets, which can be daunting without proper legal advice. Additionally, understanding your rights and obligations can help you make informed decisions that align with your long-term interests.

 

Property and Finance

When a relationship ends, the division of property and finances becomes a crucial issue. Family solicitors are skilled in navigating the legal landscape to ensure fair settlements. This might involve the valuation of assets, negotiations for financial settlements, or court representations. Especially if the property is jointly owned or there are significant financial entanglements, legal expertise is essential to resolve these matters efficiently and equitably.

 

Children

Issues concerning children are often the most sensitive aspect of family law. Whether it’s custody arrangements, visitation rights, or parental responsibilities, a family solicitor can help ensure that the children’s best interests are at the forefront of any agreements. Legal advice is vital to resolve disputes amicably and to formulate parenting plans that work long-term, thereby minimising the emotional impact on children.

 

Domestic Violence

In situations of domestic violence, immediate and effective legal intervention is crucial. Family solicitors can provide urgent assistance, guide you through the options for protection, and liaise with law enforcement if necessary. This can include obtaining restraining orders and ensuring that any legal actions prioritise your safety and well-being.

 

Prenuptial Agreements

Although often overlooked, prenuptial agreements are an important tool for protecting personal assets before entering a marriage. A family solicitor can help draft a prenuptial agreement that is fair, legally binding, and reflective of both parties’ interests. This proactive step can prevent potential disputes in the future, should the marriage not work out.

 

When is a Good Time to Get in Touch with a Family Solicitor?

The best time to consult a family solicitor is before you think you need one. Early advice can prevent problems from escalating and help you understand your legal position from the outset. Whether you are contemplating major life decisions such as marriage or divorce, or if you face immediate issues like domestic violence or custody concerns, reaching out to a solicitor early on can provide strategic advantages and peace of mind.

 

Finding Family Solicitors Near Me

For families in and around Nuneaton and Warwick, Bromfield Legal is your go-to firm for all family law needs. Our team of compassionate and knowledgeable solicitors is committed to supporting you through your family law challenges with dignity and respect.

Navigating family law issues can be daunting, but you don’t have to do it alone. Bromfield Legal stands ready to assist you with expert advice tailored to your unique situation. Contact us today to find out how we can help you achieve the best possible outcome for your family law needs.

Mar 01
0
couple-sat-at-desk-using-solicitor-to-write-and-sign-an-amicable-separation-agreement-paper

How a Solicitor Can Facilitate Amicable Separations 

By | Divorce and Separation

Have you and your spouse or civil partner decided to part ways? You could be in an awkward situation if the two of you have yet to decide whether to end the marriage or civil partnership formally or if it has not lasted long enough to naturally come to a close.

In the meantime, you could still sign what is known as a separation agreement. A separation agreement is where you free yourself from the obligation to live with your partner while negotiating future financial arrangements and outlining plans for the care of any children from the union moving forward.

A solicitor can draw up a separation agreement for you —which specifies the details of the separation and deal with any joint assets, arrangements for children and any other pertinent matters. At Bromfield Legal, our team of experts in Nuneaton and Warwick work with you personally to craft an agreement tailored to your unique circumstances, ensuring it aligns perfectly with your needs and objectives.

 

Understanding Legal Rights and Obligations

Separation can be an incredibly stressful time, particularly if it comes as a surprise to one partner. However, both parties will naturally be keen to have an amicable split — and getting in touch with a solicitor can help them achieve this.

By consulting with a legal advisor, you can gain a clearer understanding of your legal standing with your partner and how to make the separation agreement as watertight as possible. This process can provide you with confidence and certainty about the future.

 

Navigating Financial Arrangements 

If your household has historically relied on one partner for the majority of its income, it’s natural to be concerned about how you’ll manage financially in the future.

Fortunately, a solicitor can help to give you a solid financial standing. You can get reliable legal advice on what you will be entitled to financially and, together with your partner, come to agreements about who will assume responsibility for specific financial obligations, including debts, loans, and overdrafts.

 

Child Arrangements and Support

Certainly, the financial provisions in a separation agreement can often hinge on decisions regarding the care of any children from the ending relationship.

Key to ensuring an amicable split is ensuring that you and your partner both put the children’s welfare first as the law does already.

To achieve this, it’s important to encourage your children to maintain relationships with both parents as you navigate decisions about their living arrangements and financial support for their upbringing.

 

Drafting and Formalising Agreements 

We are thoroughly experienced in helping couples to achieve amicable separations. To ask our team to help you get the best possible result, just call our Nuneaton office on 024 7638 2343 or Warwick team on 01926 702 702. We offer same-day appointments at both locations, allowing you to quickly access and benefit from our legal expertise conveniently.

Jun 05
0
house in divorce

What is a Financial Agreement in a Divorce

By | Divorce and Separation

Going through a divorce can be a difficult and emotional time. During this challenging time, you might be thinking ‘What is a financial agreement in a divorce?’. We’ve put this useful guide together to break it down for you. 

In addition to the emotional upheaval, there will be many financial matters that need to be addressed. One of the most important financial decisions that you will need to make is how to divide your assets and debts.

how does the divorce process workWhat is a financial agreement?

A financial agreement can be reached during divorce proceedings and is separate from a divorce. 

While most people assume the financial agreement is part of the divorce, it is a separate process. 

There are a number of different ways to divide your assets and debts in a divorce. One option is to reach an agreement with your spouse through negotiation or mediation. If you are able to reach an agreement, you will need to have it formalised in a legal document called a financial agreement.

Is a financial agreement legally binding?

A financial agreement is a contract that sets out the terms of your financial settlement. It is important to note that financial agreements are not always enforceable. For a financial agreement to be enforceable, it must be fair and reasonable, and it must be entered into voluntarily.

If you are unable to reach an agreement with your spouse, the court will decide how to divide your assets and debts. The court will consider several factors in making its decision, including the length of your marriage, your respective incomes and earning capacities, your contributions to the marriage, and the needs of any children.

What does a financial agreement protect?

You’ll be pleased to know that a financial agreement is a multi-faceted legal agreement that sets out to protect many financial areas. A financial agreement can protect a number of things, including:

  • Property: The family home, investments, and other assets.
  • Income: This could include salaries, pensions, and other sources of income.
  • Debts: Including mortgages, credit card debt, and other debts.
  • Maintenance: Payments to one spouse or civil partner to support them financially after the relationship ends.
  • Child support: Money to be spent on raising the children 
  • Pensions: You may have a large pension that you’d like to protect.
  • Family inheritance: Your family may have capital and assets they need to protect from your ex-spouse. 
  • Future partners: The financial agreement also helps keep future partners on both sides from having any financial influence. 

how does the divorce process workHow do I apply for my financial agreement?

If you are going through a divorce, it is important to speak to a solicitor about your financial options. We will help you understand your rights and options and help you negotiate a fair and reasonable financial settlement.

Your solicitor would typically aim to process the financial agreement before the Decree Absolute. Why? The financial agreement can become more complicated once the divorce is finalised.

Why do you need a financial agreement?

Unsurprisingly, even though you may be amicable with your ex, money can bring out the worst in people. By getting your financial agreement in order, you’ll be safeguarding yourself as well as having peace of mind. 

Avoids going to court 

Going to court can be a lengthy and expensive process. If you can reach an agreement with your spouse, you can avoid the cost and hassle of going to court.

Secure your financial future

Knowing that your financial future is secure can help you move on with your life after your divorce.

Protect your children

A financial agreement can help to ensure that your children’s needs are met after your divorce.

How do I get a financial agreement?

If you are considering reaching a financial agreement in your divorce, speak to us at Bromfield Legal as soon as possible. Our highly experienced team will approach your case with compassion and determination. We will help you understand your rights and options, and work to achieve an agreement which is best for you.

Nov 28
0
Parents sit on sofa looking unhappy with child in the foreground

Child maintenance explained

By | Children, Divorce and Separation

When facing divorce from a partner, finances can become a massive concern, especially when you have children involved. 

Child maintenance comes into play when one of the children’s parents no longer lives with them. 

Arranging child maintenance between you and your ex can improve your child’s overall wellbeing and keep the family relationships in a positive communicative space. That’s why it’s important to get a good grasp on what child maintenance is and how to arrange it. 

 

What is Child Maintenance?

Child maintenance is the regular financial support that helps with day-to-day costs involved with raising children. If your child is under the age of 18 and if they are in full time education lower than A-Level, they are eligible to receive child maintenance. 

Both parents, divorced or separated, are legally responsible for the financial costs of their child. You’ll be wanting your child’s lifestyle and general welfare to continue even with the change in circumstance.

Parents sit on sofa looking unhappy with child in the foreground 

What are the different arrangements for child maintenance?

There are three types of arrangement you can choose from. Your circumstance will ultimately determine which option you go with. 

Family Arrangement

A family arrangement is where the two parties agree on a maintenance arrangement privately outside of the court or a CMS (Child Maintenance Service). It is legal to discuss and agree on an arrangement outside of the court but we always recommend having the agreement put into writing so that both parties are clear of the expectations of the maintenance arrangement and so there are no grey areas. 

Consent Order 

A consent order means a court has ruled the maintenance agreement. A consent order is reached by submitting this form with help from your solicitor. Your solicitor can assist you with filling it correctly. Both parents will have to agree on an amount of maintenance which is fair and justified against the amount of earnings on both sides.

If you’d like advice on how this figure is worked out, get in touch and we’ll discuss what a fair amount should look like for you and your child. 

Both parties will have to consent to the amount so seeking legal advice at this stage could be of great benefit. Speak to one of our highly experienced lawyers at Bromfield today.

Can I write my own consent order?

For the Judge to grant your order, you must have the consent order professionally drafted up by a solicitor. However, you can file a consent order on your own. 

 

Filing a consent order is essentially submitting the initial application. Granting the order means the court has agreed with the application and the consent order must be carried out.  

How much does a consent order cost? 

There are some legal fees you’ll have to foot if you are submitting the consent order. These are 

  • Form submission/ Court fees (£53 approx)
  • Solicitors (can cost anywhere between £700-£2000 approx)
  • Mediators (registered mediators can cost between £100-£170)

piggy bank with stack of coins to the side of it

Child Maintenance Service 

CMS’s are private companies who assist parents without a consent order or family arrangement in place. Child maintenance services also lend themselves to helping those who are struggling to fulfil their agreement or those who are not compliant. 

Fees for using the services of Child Maintenance Service vary depending on the service and provider you use. 

CMS’s offer payment arrangements such as ‘direct pay’ and ‘collect and pay’ on your behalf. 

Explore your options for your child’s maintenance with us at Bromfield Legal 

 

How much child maintenance should I get?

Knowing how much you and your child are entitled to in child maintenance should be at the top of your priority list. Seeking the help and advice of a qualified solicitor could help illuminate any confusion over what you’re entitled to. 

As a standard rate we can see the percentage a parent is expected to pay per child here-

  • One child = 12% of your gross weekly income 
  • Two children = 16% of your gross weekly income 
  • Three or more children = 19% of your gross weekly income 

 

Check out the .gov child maintenance calculator to get a more accurate look at the amount either you or your ex partner should pay. 

My ex isn’t paying child maintenance

You may have taken all the right steps to arrange your consent order for your child’s maintenance with your ex partner but now they won’t or aren’t able to reach the payments. Here are the steps to take to Enforce an Order 

 

 

  • Report the breach. Fill in form C79 to start the application for the court to enforce the child arrangements order. 

 

  • Send to the nearest court to you that deals with cases involving children.

 

  • The cost of submitting this form is £232

 

Need help with this form? Get in touch with our team who are ready to guide you through the process. Let’s start the process together with Bromfield Legal. 

 

We are proud to offer affordable legal advice and assistance. We appreciate that everyone has different financial situations and fixed fee options are available. Contact us by email or call us on either Nuneaton: 024 7638 2343 or Warwick: 01926 702 702

Oct 06
0
couple handing over their wedding rings in a divorce

How long does it take to divorce?

By | Divorce and Separation

The divorce process, and the ancillary issues such as property, finance and children, can be a long and drawn-out one. It all really hinges on just how contested the issues are and how much a couple is able to agree on together.

On average, divorces in this country take around 6 months to complete. However, some people spend far longer arguing the toss with their ex regarding the ancillary issues. So, it’s also not unheard of for hotly contested divorces to take 2 years or more to finalise.

To begin official divorce proceedings in the UK, you must have already been married for at least 1 year. If you want to get divorced before this 1 year period elapses, you can alternatively seek a legal separation without divorcing, which gives the courts the power to decide issues relating to finance and property.

What are the grounds for divorce?

The only ground for divorce under the new law which came into effect in April 2022 is the irretrievable breakdown of the marriage. Either party can commence the proceedings. Usually, it is not possible for the other party to defend or delay the proceedings.

This process avoids the proceedings being costly, both financially and emotionally. However, if you are deciding on important matters like childcare arrangements for your children, and financial settlements the proceedings can still be prolonged and expensive, particularly if expert legal advice is not obtained at an early stage.

Pick the right family solicitors firm

Once you feel like getting a divorce will be inevitable, you will want to get it sorted and have the papers in your hands as soon as possible. How long it takes for you to divorce could rest on choosing the services of a good family solicitors firm.

You need to work with legal professionals who know what they’re doing. Otherwise, the divorce and ancillary proceedings can be long-winded and frustrating. At Bromfield Legal, we are experts in family law. We have a wealth of experience in helping to get the best results for our clients, ensuring their divorces are completed as stress-free and as quickly as possible.

Divorce documents

There is essential paperwork you need to have in the UK as evidence to prove you’re now officially divorced and allowed to remarry. When a marriage or civil partnership has officially been terminated by divorce, both the petitioner and the responder will receive the Final Order of Divorce (previously known as the decree absolute). Once your application for the Final Order has been sent to the family court, your divorce will be finalised within a few weeks at most, and often within a few days.

Try remaining calm

Try staying well-mannered and affable with your ex-partner. This will help speed everything up and make things go more smoothly.

divorcing couple

There’s nothing wrong with being candid about the arrangements you want to secure in your divorce arrangement. However, there’s no need to be rude or inflame an already stressful situation for both parties and your loved ones. Remain as calm as possible. This should help to give you some peace of mind during an inevitably tricky time in your life.

For dedicated legal advice to help you through a divorce or separation, look no further than Bromfield Legal. Get in touch by phoning us at our Nuneaton or Warwick offices or sending an email to enquiries@bromfieldlegal.co.uk.