Category Archives: Marriage

Are Pre-Nuptial Agreements Legal in England and Wales?

Pre-nuptial agreements, or pre-nups, are growing in popularity. They are often a feature of high profile, celebrity or high net worth divorces and discussed in the media. However, in England and Wales they are not legally binding. This can come as a surprise to divorcing couples who have signed a pre-nup.

Should you still get a pre-nup?

Even though pre-nups are not legally binding, there may still be occasions when you should sign one. For anyone who has high net value assets may consider it, or if you want to protect any inheritance for your children or other family members. Another common reason for signing a pre-nup is if a person’s parents have financially contributed to their home ownership and want to protect their investment. Although pre-nups are not legally binding, they do still carry some weight in court and judges may use them as a guide when reaching a decision.

When will judges ignore a pre-nup?

Judges can choose to ignore a pre-nup at their discretion, but it will definitely be ignored if they believe that one person has been coerced into signing it, or if one person did not understand what they were signing. In these cases, a judge will not consider the pre-nup at all.

How to increase the chances of a pre-nup being adhered to

There are ways in which you can increase the chances of your pre-nup being followed should your divorce go to court. Firstly, you should write it with the help of a specialist family solicitor and sign it in their presence. This will help to persuade the judge that both parties signed it freely and in full knowledge of what it says.

Secondly, you should make your pre-nup reasonable. Understand how divorces are normally settled in the UK and put together a pre-nup that will reflect that. If a pre-nup is unreasonable and very one-sided, then a judge in the family court is likely to ignore it.

How and why cohabiting couples should protect themselves

It is by no means uncommon for couples to cohabit rather than marry. In fact, the majority of couples now choose to cohabit before marrying and many go on to have kids and buy a house, postponing the expensive and seemingly pointless wedding while life takes over. All the time everything is going well, this… Continue Reading

Common emotions when your ex remarries

It doesn’t matter how much time it takes after your divorce for your ex to remarry, you will experience some confusing emotions that may take you by surprise. You may be hit with some strong emotions even though you considered yourself fully over the relationship, or it may be the trigger that means you finally… Continue Reading

How House Prices Are Affecting Pre-Nups

It is no secret that many people in their 20s and 30s are relying on their parents to get them up on the housing ladder. As housing prices soar above what the average worker can afford, it is down to the older generation to provide the financial leg-up that so many millenials now need to… Continue Reading

Why so many couples split after Christmas

January is notoriously the month when relationships are most likely to end, with the nickname ‘Divorce Day’ being assigned to January 3rd. So, why do so many couples split after Christmas? It appears that it is due to the ‘perfect Christmas’ image that is constantly portrayed in the media and played out in society. So,… Continue Reading

Surviving a loveless marriage

At our family law firm in Cardiff we hear many sad stories of couples who have been stuck in a loveless marriage for many years and for different reasons did not previously want to seek a divorce. We also hear from people who want advice about planning for a divorce that they don’t go through… Continue Reading

Why one spouse won’t want the divorce

More often than not couples arrive at the decision to divorce together. Marriages breakdown for all sorts of reasons, infidelity being just one. Whatever the reason often both parties can see it coming. The spouse who has cheated may not want to divorce, but after everything has come to light they may see it as… Continue Reading

Family law for same sex couples

Since same sex couples have been allowed to marry with exactly the same rights as straight couples family law for the LGB community has become much simpler. However, there are still some legal issues for the LGB community that arise that require specialist knowledge and attention. At Grant Stephens Family Lawyers in Cardiff we are… Continue Reading

Purchasing a house with your partner

Purchasing a house is a big step for anyone. If you are purchasing a house with a partner it is an even bigger step. It is a big commitment, both financially and emotionally and one that should not be undertaken lightly. Unlike married couples, long term partners receive no legal protection around joint property ownership.… Continue Reading