Monthly Archives: May 2014

Pre-nup part 4 of 4: two examples of recent pre-nup cases

We have seen in this mini-series how there has been a shift towards giving effect to pre-nup agreements. That’s all very well in theory, but how does it work out in court? Here are two high profile cases. In the case of Luckwell v Limata [2014] EWHC 502, the wife had received substantial financial gifts and property […]

Pre-nup part 3 of 4: is it right for me?

As I mentioned in Part 2, pre-nups or prenuptial agreements are becoming increasingly popular. As the average age for a first marriage continues to climb, and as more people are enrolled into pension schemes from a younger age, it’s becoming more likely that young couples already have assets that they wish to protect, such as should the relationship […]

Pre-nup part 2 of 4: is my property safe?

A recent article in the Telegraph reported that the last few months have seen a surge in the number of couples contacting law firms to arrange a pre-nuptial agreement. The newspaper attributes this to recommendations published in February by the Law Commission in their report on Matrimonial Property, Needs and Agreements. Until recently, it appeared that a pre-nup had […]

Pre-nup part 1 of 4: what is a prenup – Prenuptial Agreement?

‘Prenup‘ stands for pre-nuptial agreement, which is a financial agreement you make with your partner before you get married. It sets out your current financial position and that of your partner, and how you intend to divide these assets (and any other assets you may build up over the period of your marriage), if your relationship […]

Divorce Advice : What is a bundle?

As part of our divorce advice series we discuss what the phrase bundle means. In preparation for your court case, you might hear your solicitor mention ‘the bundle’. A bundle, in legal terms, is a collection of documents that contain the key information about your case, including any forms you have completed and any evidence that may […]

Non-disclosure costs!

Non-disclosure is when you fail to give a full account of your finances and assets, which the court requires in order to make a just ruling on who gets what. There is an ‘absolute bounden duty imposed on the parties to give, not merely to each other, but, first and foremost to the court, full frank and […]

Divorce Costs – Clean break or costly mistake?

When your relationship is over, the most obvious course of action following separation is divorce. You want to make a clean break, you want to be able to move on with your life; and depending on the circumstances of your case, the judgements of the court will aim to allow you to do so as […]

A note to the wise: take notes – the divorce process

When you come to see a lawyer, he (or she) will ask a lot of questions as part of the divorce process… and write it all down. That’s not to intimidate you or make you feel as though you’re being cross-examined! It’s simply so that as the case progresses, he can refer back to those notes, […]