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Always here for you

We can help you to achieve the best possible outcome, with the least amount of stress. Contact us today to find out more

Pre-Nuptial and Post-Nuptial Agreements Solicitors in London

Protect Your Future With a Nuptial Agremment

Whilst it may not be the most romantic discussion to have, a pre-nuptial or post-nuptial agreement is now a popular way of protecting your financial interests should your marriage break down.

With over 25 years experience in family law, Goodsells can help put in place agreements that provide clarity and certainty for the future.

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expert nuptial agreements solicitors with years of experience in Family Law

Planning For A Secure Future

Prenuptial Agreements, often referred to as “prenups”, allow couples who are planning to marry to set out clearly what should happen if they separate in the future. This can include stating how assets will be divided or what maintenance payments the wealthier spouse will pay following a divorce. For civil partners, a similar agreement may be entered into, known as a Pre-registration Agreement.

A Postnuptial Agreement is largely the same as a Prenuptial Agreement, the main difference being that the agreement is entered into after the couple has married.

The benefits of Nuptial Agreements

Nuptial Agreements can be particularly beneficial for couples where one party has significantly more money or property than the other, or perhaps those who are expecting to receive a substantial inheritance. For example, if one spouse owns the family home before the marriage, provisions may be included in the agreement to direct that the house remains with that spouse in the event of divorce. Similarly, if one spouse is due to inherit a large sum from their parents, a Pre or Postnuptial Agreement could state that, if the couple divorces, that money would be kept by that spouse.

As the law stands, Nuptial Agreements are not automatically legally binding in England and Wales. However, recent case law has shown that courts will take into account the terms of any agreement provided it was entered into freely, that both parties received independent legal advice and were aware of the implications of signing it.

At Goodsells Family Law, we are on hand to provide clear, independent advice and support with drafting and negotiating Pre or Postnuptial Agreements.

Read more in our Blog: Five Tips for a ‘Successful’ Prenup

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No Fault Divorce FAQ’s

What is a no fault divorce?

On 6 April 2022, UK divorce law changed, introducing no fault divorce in England and Wales under the Divorce, Dissolution and Separation Act 2020. Simply put, no fault divorce means that neither party involved in the divorce needs to place blame or fault on the other person anymore (as was required under the previous law).

Why did UK divorce law change?

UK divorce law changed for a number of reasons, in particular concern to the previous divorce law being outdated and no longer reflecting the evolution of society. The previous law was contentious and caused considerable problems between the involved parties. The new law helps to reduce conflict, encouraging an amicable divorce that allows ex-spouses to remain civil.

Who can get a no fault divorce?

Either party in the marriage can apply for divorce so long as the couple have been married for at least a year. The parties involved can choose to make a sole application or joint application depending on personal preference.

 

What are the grounds for divorce?

There has always only been one ground for divorce, which is the irretrievable breakdown of your marriage. However, previously to prove this you needed to cite one of five accepted reasons or ‘facts’ in your divorce application. These reasons included potentially contentious issues such as adultery and unreasonable behaviour, often leading to unnecessary conflict.

With the change in law, these five facts now cease to be a requirement, with only a statement of irretrievable breakdown needed to obtain a divorce.

How long does no fault divorce take to finalise?

The change to the divorce law means that there is now a minimum amount of time for a divorce to be finalised. However, this minimum time frame does not guarantee that it is exactly how long the divorce will take, as there are many circumstances that will come into play, such as arrangements for any children and the divorce financial settlement.

At a minimum, divorce will take 26 weeks (6 months) from the start to finish. From when the divorce application is submitted until the Conditional Order (previously the Decree Nisi) is issued, there is a minimum wait of 20 weeks. Once this has been issued, the Final Order (which replaces the Decree Absolute) can be applied for, which takes a minimum of 6 weeks to be issued.

Can no fault divorce be contested?

Previously, a divorce petition could be contested, but since the change in law, this possible only in very exceptional circumstances.

What key changes have been made to the no fault divorce process?

While the step-by-step process of divorce has stayed relatively the same, there are several things which have changed since the introduction of the new no fault divorce law, including removing the need to place blame or fault.

Other important aspects that have changed include the key terms. For example:

Divorce petition is now referred to as divorce application
Petitioner is now referred to as applicant or joint applicant
Decree Nisi is now referred to as the Conditional Order
Decree Absolute is now referred to as the Final Order

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