Matrimonial

The first 20 minutes of your initial meeting for Matrimonial matters is free.

DIVORCE

• Adultery
• Unreasonable Behaviour (i.e. you could not be expected to go on living with that person)
• Desertion (i.e. one party left the other and have lived apart for more than two years)
• Two Years Separation (i.e. you have been living apart for two years or more and both agree to Divorce)
• Five Years Separation (i.e. you have been living apart for five years or more)

Often with Divorce proceedings, other issues regarding children and finances will also need to be resolved.  We can guide you through these processes.

Please enquire about our 'Fixed Fee Divorce' which is available for uncontested Divorces.

SEPARATION

You may opt for separation instead of starting immediate Divorce proceedings.  Should this be the case, we offer advice on drafting Separation Agreements.

A Judicial Separation does not end the marriage, but does end the duty to live together.

Normally any financial arrangements would be settled between you and your spouse and a Deed of Separation would be drawn up.  If an agreement cannot be reached, then Mediation is an alternative way to deal with such aspects of separation, whereby you would attend meetings to decide as to whether or not an agreement can be reached.  Any agreement reached would be checked over by a Solicitor.

You must Divorce before being allowed to remarry.

PRENUPTIAL AGREEMENTS

A Prenuptial Agreement helps you and your partner to make a formal arrangement concerning your financial matters prior to marriage or civil union.  The content of a Prenuptial Agreement can vary widely, but commonly includes provisions for the division of property should the couple divorce and any rights to spousal support during or after the dissolution of marriage.

A Prenuptial Agreement is the best and only way for a couple to protect their assets in the event of a divorce and although not very romantic it makes sense to get one drawn up so that both of you know exactly where you stand from day one.

The Court always has discretion to overturn any agreement in family proceedings, although if legal advice has been taken and the proposals were considered by fair when the agreement was made, the Court is unlikely to contest the couple's express wishes, which makes the agreement a valuable addition to your legal protection.

The Prenuptial Agreement can deal with the following: -

• Property
• Pensions
• Gifts
• Inheritance
• Maintenance and future income
• Legal advice
• Company and business assets
• Tax liabilities
• Trusts
• Inheritance

COHABITATION

More and more people are choosing not to enter into marriage, but to live together instead. Contrary to popular belief, English law does not recognise the concept of the "common law spouse".  This means that, at the end of a relationship, a cohabitant does not have any automatic rights to a property if their name does not appear on the title deeds.  Furthermore, cohabitants do not have any right to receive maintenance for themselves from their former partner.

We are able to offer advice on the following issues in particular: -

• whether you have a claim to an interest in a property owned in your former partner's name;
• the extent of your interest in jointly owned property;
• cohabitation contracts (the cohabitants' equivalent to a pre-marital agreement;
• domestic abuse;
• if your partner has died and not made any provision for you; and
• whether you are entitled to financial provision for your children.

CIVIL PARTNERSHIPS

It is now possible for two people of the same sex to enter into a Civil Partnership.

If a Civil Partnership breaks down, you may wish to dissolve the Civil Partnership.  The procedure is similar, although not the same, as Divorce.  Like Divorce, other matters may also need to be resolved; including any relevant children of either party or financial matters.