Sophia Yau-Rosher

Thinking About A Prenup? Divorce Solicitor Answers Your Most-Googled Questions
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Thinking About A Prenup? Divorce Solicitor Answers Your Most-Googled Questions

Published on
Sophia Yau-Rosher
Sophia Yau-Rosher
Director
Beecham Peacock LLP

The celebrity world is abuzz with yet another high-profile divorce case. Billionaire and former record executive, David Geffen, has filed for divorce from his 32-year-old dancer husband, David Armstrong. The marriage only lasted two years, and despite the 82-year-old being worth a reported $8.7 billion, the couple did not sign a prenup.

Although the majority of us won’t have anywhere near as much wealth to protect, it’s important to protect your future, ensuring that your assets remain protected in the event of a divorce. The first three months of 2024 alone saw 27,908 divorce applications, with 21,662 final orders also granted.

With more and more engaged couples entering into marriage with a realistic viewpoint, prenups are becoming more commonplace than ever. The popularity of prenups has risen by 60% in recent years, with postnup agreements seeing an increase of nearly 185%.

If you – like 31% of couples who now have a prenup – are anxious around the concept of tying your assets to your relationship, you will likely have some questions. Expert divorce solicitor Sophia Yau-Rosher – from Newcastle-based divorce solicitors Beecham Peacock – answers the top ten most-Googled prenup questions per month, helping you stay informed ahead of your marriage.

1. What is a prenup?

“Put simply, a prenup is a legal document that two parties agree to before they marry, or enter a civil partnership,” Yau-Rosher explains.

“The document sets out the financial responsibilities of both parties and allows for the protection of certain assets, including property, investments, inheritance and more in the event of a divorce. It also outlines which party is responsible for specific debts and other financial issues, should the marriage or civil partnership come to an end.

“A prenup can provide protection and offer clarity for both parties in the event of a difficult or contentious divorce.”

2. Can you change a prenup?

“Ahead of your marriage, you can make as many changes to your prenup as you like,” Yau-Rosher assures. “As long as both parties have sought independent legal advice and feel comfortable with the changes, there is no reason why amendments cannot be made to the document before it is signed.

“However, after you are legally married, you cannot change or modify your prenuptial agreement. If your financial or emotional circumstances change during the course of your marriage and the prenup is no longer relevant, you can consider a postnuptial agreement – or postnup – which carries the same kind of legal weighting.”

3. Are prenups legal in the UK?

“Your prenup is not legally binding in either England or Wales. A court will not automatically enforce the terms of your prenup in the event of a divorce. However, a prenup that both parties have freely entered into will likely add weight to any court arrangements.

“If both parties concerned have disclosed their full financial situations and received independent legal advice pertaining to the prenup, the court will usually give considerable legal weight to the agreement during any financial disputes.”

4. What does a prenup do?

“Essentially, a prenup safeguards any assets that you or your partner bring to the marriage, protecting your interests in the event of a divorce. It also deals with the financial impact of any inheritance, dependents – such as current or future children – and any shifts in earning potential.

“Your prenuptial agreement provides you and any children from previous relationships with financial reassurance in the case of divorce,” Yau-Rosher explains. “It is not a sign that either party is unsure about the marriage, but rather a sensible step in future financial planning.”

5. Can you write your own prenup in the UK?

“As prenuptial agreements are not legally binding documents, you can pen your own in the UK. However, in order for the court to take your prenup seriously in the event of a divorce, it needs to be prepared in a specific way.

“I always advise my clients to seek professional legal assistance in drafting their prenup, as DIY agreements often don’t stand up in court,” Yau-Rosher counsels. “This way, you can ensure that the document is put together in a way that will protect and benefit both parties, if it is required in the future.”

6. What cannot be included in a prenup UK?

“There are a number of strict rules regarding what can and cannot be included in a prenuptial agreement in the UK. If these rules are not obeyed, it could lead to your prenup losing all legal weight in court.

“Your prenup should not include any personal or lifestyle issues, references to child support, visitation rights or child custody, or discussion of matters that could be deemed ‘unfair’ for one or both parties. A family law solicitor can help you draft a prenup that adheres to these rules.”

7. How much does a prenup cost?

“The cost of a prenup varies, but the majority of professional solicitors in the UK will charge £2,000–£5,000. The more complex your financial situation and the larger your wealth, the more your prenuptial agreement is likely to cost.” Yau-Rosher explains.

8. How do I get a prenup?

“The first step in securing a prenup is always to seek professional legal advice from a family law specialist. Both parties should seek their own independent legal counsel. You will then be required to provide your chosen solicitor with a full run-down of your current financial situation, along with any information about debts, income and inherited wealth. The solicitor can then draft the document.

“Once both parties are satisfied, the prenuptial agreement can be signed in the presence of the solicitors and independent witnesses. Ideally, the prenup should be signed at least 28 days prior to the signing of your marriage or civil partnership certificate.”

9. Can you cancel a prenup?

“Cancelling a prenup is a complex process, but can be achieved under specific circumstances. For example, if the prenup is deemed unconscionable at the time of signing, due to a lack of legal advice or due to one party being under pressure or duress to sign.

“If you can prove that your partner has committed fraud or deliberately misrepresented their finances, this constitutes another reason for cancellation of the prenup,” Yau-Rosher says. “A prenup may also be deemed invalid if the financial situation of one or both parties has changed significantly, making the original agreement unfair.”

10. What is a postnuptial agreement?

“A postnuptial agreement is very similar to a prenuptial agreement, aside from the fact that it is drafted and signed after the marriage or civil partnership, rather than before.

“You can opt for a postnup instead of a prenup, or mutually agree to replace the original agreement with a postnup if your or your partner’s financial situation changes significantly after you marry or enter into a civil partnership.

“Due process must still be followed and both parties must still seek independent legal advice to ensure that the postnup holds a similar legal weighting to a prenup if required in court.”

“If you are considering entering into a prenuptial or postnuptial agreement, seeking independent legal advice is always the best first step. Communicate your intentions and any concerns with your partner to ensure that you both enter the agreement with shared goals and a realistic outlook when it comes to your finances.”

Read more articles by Beecham Peacock Solicitors.

About Sophia Yau-Rosher

Sophia Yau-Rosher is a Director at Beecham Peacock Solicitors. Beecham Peacock Solicitors are a trusted divorce solicitors based in Newcastle Upon Tyne, and they know how important it is for your divorce settlement to be treated with the utmost respect and care.

They have countless experiences handling intricate divorce proceedings, so they understand that the process needs to be quick, smooth and respectful for both parties involved.

If you are getting a divorce, ending your civil partnership or even just agreeing to the terms of a separation, their talented divorce lawyers will make sure you are supplied with the most current and prudent advice to deal with the money, assets and property belonging to both parties.

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Will the UK see an Increase in Divorces Post-Lockdown
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Will the UK see an Increase in Divorces Post-Lockdown?

Published on
Sophia Yau-Rosher
Sophia Yau-Rosher
Partner at
Beecham Peacock

Reports from China are stating that the number of divorce filings in the country has soared following the lifting of lockdown restrictions; can we expect the UK to follow a similar trend?

China’s emergence from lockdown

Since government-enforced lockdown in China has been gradually lifting in parts of the country as of late March, the number of divorce filings amongst Chinese couples has soared.

Whilst official nationwide divorce statistics are not available yet, being released only annually by the Communist Party of China, reports are coming in from the Marriage Registry in China showing that the government offices in Xi’an and Shanghai have been overwhelmed with record-high numbers of divorce filings.

Social media posts and reports state that queues to the offices are extending into the street outside, with staff being overworked in an effort to keep up with demand.

Why are Chinese couples divorcing due to lockdown?

With couples under enforced quarantine together across China for two months, underlying problems in relationships were worsened by the constant close proximity, causing a breakdown in relationships on a large scale. This was further complicated by the fact that the forced lockdown fell as Chinese New Year was beginning.

During Chinese New Year, almost 3 billion trips are made annually as the majority of the Chinese population, including many people oversees with Chinese heritage, travel to stay with extended family in their hometowns; for many, this meant lockdown occurred whilst they were staying with their family, and the forced isolation with family over this extended period may also have caused relationships to suffer.

Rising domestic abuse levels.

The lockdown creates another problem for many UK couples in regards to domestic abuse. In the enforced lockdown, many in abusive relationships are given no respite from abuse, with UK charities reporting that the number of calls received about domestic abuse has increased hugely since lockdown began.

I would suggest seeking refuge first and foremost in the form of a charity or other safe space, followed by immediate legal support to ensure your long-term safety and wellbeing. If people can contact us over the telephone, we can support them and take their case to court if necessary.

If you are trapped in an abusive relationship or know someone who may be, please see the UK Government’s page on domestic abuse for full information and available charities.

Whether an increase in domestic abuse has had or will have any impact on quarantine divorce rates remains to be seen, however it is possible that the increase in domestic abuse may be a contributing factor to increased divorce rates.

Will the UK see an increase in divorces?

With UK couples in a similar situation to China’s couples during quarantine, many speculate that the UK will follow suit and see a huge increase in divorces once lockdown lifts.

Annually, the two highest points of the year in terms of divorce rates are typically in January and August due to the holiday periods preceding them; the increased time spent together for many couples worsens problems in a relationship.

The difficulty is that parties are in a situation where, locked down together, cracks in the relationship become amplified.

For many couples, the lockdown is the defining change which may cause a divorce after months of deliberation; We have had couples contact us with concerns over their relationship prior to lockdown who had not fully made their mind up in regards to getting a divorce; the current situation might tip them over the edge.

Other lawyers have echoed a similar sentiment: Baroness Shackleton of Belgravia, whose previous clients included the Duke of York and Sir Paul McCartney, addressed the House of Lords saying that “The prediction amongst divorce lawyers is that following self-imposed confinement it is very likely that the divorce rate will rise.”

All factors seem to point towards an increase in UK divorces once lockdown lifts, however the scale at which this will occur has yet to be determined without official records from China to set a precedent.

It does, however, seem certain that this lockdown will have long-term impacts on the relationships of many couples nationwide.

Click here for more articles by Beecham Peacock Solicitors

About Sophia Yau-Rosher

Sophia has been with Beecham Peacock since 2003 and a partner in the firm since 2006.

She has 20 years’ experience in family law work. Her particular interests lie in proceedings concerning matrimonial assets and children.

She is an accredited specialist with Resolution in the areas of Advanced Financial Provision and Private Children Law. She is also Accredited on the Law Society Advanced Accreditation scheme for work relating to Domestic Abuse.

Highly motivated with a strong sense of fairness and justice, Sophia always strives for her clients.

Beecham Peacock Solicitors 

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Increased Financial and Living Pressure on Couples Through the Lockdown

Increased Financial and Living Pressure on Couples Through the Lockdown

Published on
Sophia Yau-Rosher
Sophia Yau-Rosher
Partner at
Beecham Peacock

The current COVID-19 situation has already had far-reaching implications in many aspects of our lives, however one aspect of its long-term impact which has so far gone under the radar is its effect on family dynamics.

As experts in family law, this is a question currently on our minds as we look to the future; the enormity of this situation is making itself felt in every area of our society, and our family lives are no different.

From employment to family relationships to wills and estate planning, the lockdown and virus are having and will likely continue to have a heavy impact on the way we live as families.

Family Disputes

The strain placed on families thanks to being unable to leave their homes can cause issues – and for those who were already experiencing difficulty, the current situation can exacerbate things. With families who are stuck in the home together for long periods of time, underlying disputes can worsen and new problems arise from the forced close proximity and the stress of the current pandemic.

Domestic Abuse

A recent New York Times article highlights another concern for families and couples in lockdown: domestic abuse has risen hugely since lockdown has begun globally, with many charities struggling to keep up with the increase in calls. The lockdown situation gives many no respite from domestic abuse situations and greatly worsens the impact of abusive relationships.

If you are trapped in an abusive relationship or know someone who may be suffering from domestic abuse, please see the UK Government’s page on domestic abuse for full information and available charities.

Child access

A key area of family law we are currently finding has been impacted by the pandemic situation is child access disputes. These can be made more complex and difficult due to the lockdown restrictions caused by the pandemic; official government advice permits a child under the age of 18 to move between households if parents are separated, but many concerned parents are refusing to hand over the child because of health concerns.

While we understand the concerns of parents in these situations, it’s vital that you understand the full legal ramifications of what you are doing. For full legal advice and services based on your situation, contact a professional Family Law firm to ensure you don’t end up falling foul of the law.

Divorce

Another key area of family law affected by the lockdown will likely be divorce rates. In China, where lockdown restrictions have only recently been lifted, divorce cases have risen steeply. With couples under enforced quarantine together across China for a two-month period, many were struggling to cope with being cooped up with their spouses for the extended period and filed for divorce as soon as the quarantine was over.

Annually, the two highest points of the year in terms of UK divorce rates are typically January and August. The increases in divorce filings at these times of year are commonly due to the holiday periods preceding them; the increased time spent together for many couples worsens or breaks an already fractured relationship.

Because of this and with the precedent set by China, we are fully expecting an increase in divorce filings once the quarantine is lifted.

High-profile lawyers have echoed a similar sentiment: Baroness Shackleton of Belgravia, whose previous clients included the Duke of York and Sir Paul McCartney, addressed the House of Lords saying that “The prediction amongst divorce lawyers is that following self-imposed confinement it is very likely that the divorce rate will rise.”

Whilst options are currently limited with the lockdown in effect, many divorce lawyers are still currently available to discuss your situation and begin making arrangements if this is something you wish to take place at the earliest opportunity.

Employment

The unprecedented economic impact of Coronavirus will be lasting and difficult to manage and has the potential to be hugely damaging to a large number of families who rely on workers who have now been dismissed from their jobs.

However, the law is on the side of workers who may have been wrongly dismissed or treat unlawfully during the pandemic; if you feel you have a case, contact a professional employment law firm to discuss your situation and determine if there is a legal claim you can make.

Click here for more articles by Beecham Peacock Solicitors

About Sophia Yau-Rosher

Sophia has been with Beecham Peacock since 2003 and a partner in the firm since 2006.

She has 20 years’ experience in family law work. Her particular interests lie in proceedings concerning matrimonial assets and children.

She is an accredited specialist with Resolution in the areas of Advanced Financial Provision and Private Children Law. She is also Accredited on the Law Society Advanced Accreditation scheme for work relating to Domestic Abuse.

Highly motivated with a strong sense of fairness and justice, Sophia always strives for her clients.

Beecham Peacock Solicitors 

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Global Divorce Rates Soar But UK Couples Stick Together

Global Divorce Rates Soar But UK Couples Stick Together

Published on
Sophie Yau-Rosher
Sophia Yau-Rosher
Partner
Beecham Peacock

With high profile celebrity splits and the visibility of social media, it may seem that divorces are more prevalent than ever.

However, in the UK the exact opposite is true – divorce rates have been falling heavily over the last decade.

According to data from the Office of National Statistics, divorce rates in the UK are at their lowest levels since the early 1970s.

Using the above data, we can draw the following conclusions:

  • 1990-99 was the ‘worst’ decade in 40 years terms of divorces.
  • Total divorces are at their lowest figure in over 40 years.
  • Between 2010-17, total divorces were 21% lower than 1970-79 and 42% lower than 1990-99!
  • The most recent average yearly divorce rate is 111357 divorces each year (2010-17) compared to 112985 (1970-79).
  • At its highest rate between 1990-99, there were an average of 154,477 divorces per year in the UK. That’s 36% higher than the most recent decade.

The results are simple: we are divorcing far less often than we have at any other time in the past 40 years.

But how do we compare to the world?

Around the world, the compares pretty favourably. Using data from the UN Demographic Yearbook 2017 we can see that the UK has a relatively low rate of divorce at 1.8 per 1,000 people.

The average rate across the world per 1,000 is 2.0.

Compared to countries in America, Europe and around the world, people in the UK are divorcing far less.

●        Qatar + Guatemala share the lowest divorce rate in the world at just 0.4 divorces per 1000 people.

●        Russia has the highest at 4.2 divorces per 1000.

●        The UK has a relatively low divorce rate compared to other western countries and is 0.2 below the global average.

About Sophia Yau-Rosher – Partner

Sophia has been with Beecham Peacock since 2003 and a partner in the firm since 2006. She has 20 years’ experience in family law work.

Her particular interests lie in proceedings concerning matrimonial assets and children.

She is an accredited specialist with Resolution in the areas of Advanced Financial Provision and Private Children Law. She is also Accredited on the Law Society Advanced Accreditation scheme for work relating to Domestic Abuse.

Highly motivated with a strong sense of fairness and justice, Sophia always strives for her clients.

www.beechampeacock.co.uk

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