Family Law

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Prenuptial Agreements

It is becoming more and more popular for couples to try and agree what is to happen financially should their forthcoming marriage break down. These agreements are then incorporated into formal documents known as Pre Nuptial Agreements (Prenups).

Prenups are still not binding in this country but on marriage breakdown the Courts are starting to find them extremely persuasive. Prenups can be drafted to regulate financial matters during the marriage and on separation and divorce. They can specify who owns what and how property and other assets accumulated during the marriage should be owned.

Prenups are very useful not only if you have assets you wish to protect but for those thinking about a second or subsequent marriage.

To make Prenups as watertight as is possible the following guidelines need to be followed:

  • Both parties need to have separate legal advice
  • The prenup needs to be made a reasonable time before the marriage ie at least 2-3 months before the ceremony
  • Both parties should have disclosed to each other full details of their finances

After the marriage and after significant events such as the birth of children or a change in circumstances you should consider changing the Prenup to a Post Nuptial Agreement. Both Pre and Post Nuptial Agreements should be reviewed regularly. It is important that any Prenup is prepared carefully and this is something we can deal with for you.

Family & Matrimonial

Michelle Davidson-Smith heads up our Family and Matrimonial department.

Michelle is a member of Resolution. She has a valuable wealth of experience and knowledge in this area with a genuine understanding of the difficulties and emotional pressures that clients experience when dealing with family breakup.

Michelle is also a trained counsellor who is able to bring her skills into play so as to achieve a strong and effective working relationship with her clients.

The team offer an out of hours telephone service so that a client is able to speak directly with a solicitor.

Free initial appointments are also available so that a client may come into the office and be informed without financial commitment as to the best way to effectively deal with their situation.

Michelle adopts a caring and sympathetic approach to all clients. Working with you means results.

In accordance with the Resolution Code of Practice they are committed to resolving disputes in a constructive and non confrontational way so as to preserve client’s dignity and encourage agreements.

Resolution - First for family law