“Relationship-Generated Disadvantage “Landmark or Dead End?

Lawyers are heralding as a landmark decision, the judgement in RC v JC given earlier this month. A woman who sacrificed her career as a Solicitor to look after her children was given an additional sum of money on Divorce. The wife, a Cambridge graduate and trainee Solicitor stepped back from her budding legal career for the good of her family, whilst the husband, also a Solicitor, continued to pursue his career. The couple were married for ten years and had two children. Their bitter court dispute was over the finances of the divorce.  Mr Justice Moor stated the wife of the marriage viewed herself as a “parent who would take primary responsibility for the children. The husband’s career took precedence, it is unusual to find significant relationship-generated disadvantage that may lead to a claim for…

Want your grandchildren to live with you?

If family circumstances mean that it is not possible for children to live with their parents, or a local authority has decided that the children ought to be taken into care, there is often a strong wish that the children should instead to go to live with a member of their extended family.  In this article, our family law team expert with Ware & Kay in York & Wetherby, explains the options where grandparents want to put themselves forward as carers. ‘The most usual route for a grandparent who wants their grandchildren to live with them is to apply to the family court for a Child Arrangements Order, explains Robert’  ‘This is an order which, if granted, gives grandparents the legal right to have their grandchildren live with them and to be involved in decisions affecting…

Finding a fair divide in farming

The end of a year and the beginning of a new one is often a time for reflection and resolutions for change. For many couples, this can include deciding that their marriage has come to an end and it is time to separate and get a divorce.  Indeed, the first working Monday of the new year is widely known in legal circles as ‘Divorce Day’, with lawyers seeing a large spike in divorce enquiries on this day as couples finally concede that their marriage has irretrievably broken down. Divorce is always unsettling as couples decide how to divide their property, sort their financial affairs and make arrangements for their children, but can be particularly complex where agricultural assets are concerned. So, what are the key things you need to know about a farming divorce?  ‘If you are…

The Benefits of Civil Partnerships Extended to All Couples

On 31 December 2019, new legislation made it legal for mixed-sex couples to enter into Civil Partnerships, an option that was previously only available to same-sex couples Civil partnerships afford couples the same financial and legal protections as marriage, but offer an alternative for those who feel ‘traditional’ marriage isn’t quite right for them. Among the couples celebrating were Rebecca Steinfeld and Charles Keidan, whose public battle for a civil partnership made it to the Supreme Court. The couple said that for them, a civil partnership felt more equal than a traditional marriage. They successfully argued that denying a straight couple the right to a civil partnership was discrimination and therefore “incompatible with their human rights.” Ahead of 31 December, hundreds of mixed-sex couples gave notice to enter civil partnerships but not without critics describing it…

What to expect during mediation following separation

If you are attending mediation to resolve disagreements about some decisions relating to relationship breakdown, separation or divorce, you might be wondering what this involves.  A mediator is an independent person that is trained and accredited to assist you in identifying the issues in dispute and help resolve these through discussion.  Sometimes two mediators may be used, but more often than not just one mediator will be involved.  A mediator can meet you and your former partner together, or separately.  They can also arrange to meet you both at one time while you remain in separate rooms, and this is known as shuttle mediation, where the mediator will effectively shuttle between the two rooms to progress discussions.  It is important that you are comfortable throughout the process and you will not be forced to sit together…

Agree Christmas arrangements for children now

Christmas is a magical time of the year for children. There is the anticipation of the presents they may receive, the relief of having a few weeks off school and the excitement of seeing friends and family. The hopes of what Christmas may bring are no different for the children of parents who have divorced or separated, yet lingering there in the background will be the worry of who they are going to spend Christmas with and whether the parent who misses out will be alright. To make sure your child has a wonderful and stress-free Christmas this year, our family law team offers some useful tips to estranged parents trying to agree arrangements for their children over the festive period. 1. Plan ahead Talk to your former partner now about what you would like to…

Why would anyone want a postnuptial agreement?

The discovery of an affair, concern about an inheritance being squandered or pressure to protect your business interests are all reasons to consider making a postnuptial agreement.  Like a prenuptial agreement, a postnuptial agreement can be used to agree in advance what should happen to assets owned by you and your spouse or civil partner should the relationship fail.

When to use Nuptial agreements

As so many farming businesses have been passed down from generation to generation, representing decades of hard work and family history, it is vital to consider any potential threats that might prevent the farm staying in the family and being passed down to future family members. While farming couples may have enjoyed living together on the family farm during their marriage, a divorce can mean that the family farm has to be sold to raise funds in the divorce settlement unless legal steps are taken to stave off such a devastating threat. A nuptial agreement is a legal agreement between a married couple or civil partners that lays down in writing how any future divorce financial settlement will be dealt with. Such agreements can be drawn up before the marriage or civil partnership (prenuptial) or after it (postnuptial…

Relocating with your child after separation

During separation or divorce, change will occur in everybody’s lives, and relocation may be appropriate. Perhaps it’s impossible to continue to live in an area, or it’s necessary to relocate closer to family and friends that can provide support. Whatever your reasons, it is important to obtain legal advice. Our family law team at Ware & Kay explains some considerations. Consider what GP & dentist to register with, where to live and childcare. Give thought to schools and the impact on future education. If moving to a non-English speaking country, consider learning the language. It is important that you consider how your child will maintain their relationship with your former partner. The court must be assured that the move is not an attempt to exclude your former partner from the child’s life. Plan for time spent…

The benefits of a clean break agreement on divorce, even if you have no assets

You may feel overwhelmed with the changes you are facing as you go through a divorce, and going from two incomes to one can be a struggle. If you do not own a house or have other assets, it’s tempting to cut costs and ignore seeking advice from a solicitor in relation to a financial agreement.  Our family law team at Ware & Kay explains why this could be a costly mistake.  ‘A divorce does not stop all financial obligations between spouses. I have met people that come into money years after a divorce, only to face an unexpected claim from their former spouse.  You may be on amicable terms now, but relations can sour over time, especially if one of you enters a new relationship or comes into new found wealth. You can prevent an unexpected…